ADMIRALTY AND MARITIME LAWYER IN PHILADELPHIA

If you’re injured on the job in a maritime or offshore setting near Philadelphia, Pennsylvania, what you do next can make or break your ability to get compensation. Maritime law is complex, and mistakes made early on, like not reporting the injury or signing the wrong paperwork, can seriously hurt your case.

Report the Injury Immediately

Tell your supervisor or employer as soon as possible, even if the injury seems minor. Delays can hurt your credibility, jeopardize your claim, and violate reporting deadlines, especially under the Longshore and Harbor Workers' Compensation Act (LHWCA), which requires notification within 30 days.

Seek Medical Attention

Seek medical attention as soon as possible, even if your injury doesn’t initially seem serious. Depending on the circumstances, you may be able to see a doctor of your choosing rather than one recommended by your employer. Be sure to have all injuries and symptoms thoroughly documented.

Document Everything

Photograph your injuries and the accident scene, and save copies of any medical records, prescriptions, and related reports. Record the names and contact information of any witnesses, along with the dates, times, and details of conversations you have with your employer.

Do Not Sign Anything Without Legal Advice

Your employer or an insurance company may ask you to sign a waiver, release, or settlement agreement after a maritime injury. Before signing anything, consider having an attorney review it. These documents may limit your legal rights or provide less compensation than your claim may be worth. A Morgan & Morgan maritime attorney can review the terms and help you understand your options.

Talk to a Maritime Injury Lawyer at Morgan & Morgan in Philadelphia, Pennsylvania

Maritime injury claims can differ significantly from traditional workers’ compensation cases, with different laws, filing requirements, and deadlines potentially applying. An experienced maritime attorney can help determine whether your injury may be covered by the Jones Act, LHWCA, or other applicable laws, properly pursue your claim, and fight for the compensation you may be entitled to.

Maritime and admiralty law is a specialized area of law that governs legal matters involving navigable waters. This includes oceans, rivers, and large lakes, as well as ports and docks. The terms are often used interchangeably, though "admiralty law" is the older term historically associated with the British naval court system. These laws regulate:

• Maritime commerce
• Marine navigation
• Ship operations and registration
• Seamen’s injuries and wages
• Passenger rights
• Salvage and towage
• Pollution and environmental damage
• Piracy and crimes at sea

In short, if the incident happened on water, or even in connection with water, maritime law probably applies.

Maritime injury claims can arise in many different situations, depending on the type of work being performed and where the injury occurred. Different maritime laws may apply depending on the worker’s role, where the accident happened, and the circumstances surrounding the injury. Some of the most common maritime injury claims include:

Seaman Injuries (Jones Act Claims)

The Jones Act allows qualifying seamen who are injured on the job to pursue claims against their employers for negligence. Unlike traditional workers’ compensation claims, injured seamen must show that the employer’s negligence contributed to the injury.

Under the Jones Act, a seaman is generally someone who spends a significant portion of their working time aboard a vessel in navigable waters. Common causes of Jones Act claims include:

• Unsafe working conditions
• Faulty or poorly maintained equipment
• Inadequate training or supervision
• Failure to provide proper medical care
• Assaults by coworkers or officers
• Longshore and Harbor Worker Injuries (LHWCA)

Dockworkers, shipbuilders, crane operators, and other harbor workers who are not classified as seamen may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Unlike Jones Act claims, LHWCA claims generally do not require proof of negligence, but strict deadlines and reporting requirements still apply.

Cruise Ship Injury Claims

Cruise passengers and crew members can be injured because of slippery decks, hazardous conditions, inadequate security, foodborne illnesses, or negligent medical care onboard.

Cruise ship injury claims can raise complex questions about jurisdiction and may also be subject to contractual requirements and specific deadlines for taking legal action.

Commercial Fishing and Offshore Accidents

Commercial fishermen and offshore workers regularly encounter demanding and potentially dangerous conditions, such as rough weather, dangerous equipment, slick surfaces, and extended working hours.

Depending on the circumstances, these claims may involve the Jones Act, general maritime law, or the Outer Continental Shelf Lands Act (OCSLA).

Wrongful Death at Sea

When someone dies while working offshore or traveling at sea, surviving family members may have grounds to pursue compensation under laws such as the Death on the High Seas Act (DOHSA).

These claims may involve compensation for funeral expenses, lost financial support, and other damages permitted under maritime law.

Maritime accidents can cause serious and sometimes life-altering injuries. Workers and passengers may be exposed to heavy machinery, dangerous equipment, slick surfaces, electrical hazards, fires, explosions, and other risks on vessels, docks, and waterways. Common maritime injuries may include:

• Broken bones and fractures
• Spinal cord injuries
• Traumatic brain injuries
• Burns and electrical injuries
• Crush injuries and amputations
• Drowning and near-drowning injuries
• Repetitive stress injuries
• Hearing or vision loss
• Emotional trauma and PTSD

Depending on their severity, these injuries may require surgery, ongoing medical treatment, rehabilitation, or long-term care. For maritime workers, a serious injury can also affect their ability to return to the vessel, dock, or other work they performed before the accident.

Maritime injury claims can involve legal issues that don’t typically arise in standard personal injury cases. Depending on the circumstances, federal maritime statutes, admiralty law, international regulations, and specialized filing requirements may apply. Factors that can make these cases more complex include:

• Different deadlines depending on the type of claim
• Eligibility requirements based on a maritime worker’s job and duties
• Different rules governing the damages that may be available
• Questions about which court or jurisdiction has authority over the case

Morgan & Morgan’s maritime attorneys understand the laws that may apply to these claims. We can evaluate the circumstances of your injury, navigate the applicable legal requirements, and fight for the compensation you may be entitled to.

The compensation available in a maritime injury claim depends on the circumstances of the accident and the laws that apply. Depending on the case, recoverable damages may include:

• Medical expenses
• Lost wages and reduced future earning capacity
• Pain and suffering
• Disability or disfigurement
• Emotional distress
• Vocational rehabilitation
• Loss of enjoyment of life
• Wrongful death damages, when applicable

Different maritime laws can provide different remedies, so not every type of compensation is available in every case. In certain circumstances involving a willful failure to pay maintenance and cure, additional damages, including punitive damages, may also be available.

The deadline for filing a maritime claim can vary depending on the circumstances of the accident, the type of claim involved, and the laws governing the case. Maritime cases may be subject to different filing requirements and deadlines than other personal injury claims.

Because waiting too long could affect your ability to seek compensation, it’s important to understand which deadlines apply to your specific situation. A maritime attorney can review your case, explain the relevant filing requirements, and help you determine your legal options.

Signing a liability waiver does not automatically mean you have given up your right to pursue a maritime injury claim. Whether a waiver is enforceable can depend on its language, how it was presented, the circumstances surrounding the accident, and the maritime laws that apply.

Courts may examine these agreements carefully, particularly when allegations of negligence, reckless conduct, or unsafe practices are involved. A liability waiver may not be enforceable if:

• Gross negligence or reckless conduct: A waiver may not be enforceable when an injury results from particularly serious misconduct or a disregard for safety.
• Unclear language: If the agreement does not clearly explain the rights being waived or the risks being accepted, its enforceability may be challenged.
• Public policy concerns: Courts may decline to enforce certain provisions when doing so would conflict with applicable law or public policy.
• Lack of meaningful choice: A waiver may face additional scrutiny if someone was pressured to sign it or had little ability to negotiate or refuse its terms.
• Agreements involving minors: Additional restrictions may apply when a parent or guardian signs a waiver on behalf of a child.

Maritime law can also provide protections that cannot simply be signed away. For example, federal law restricts an employer’s ability to use an agreement to exempt itself from liability to a seaman for negligence under the Jones Act. Passenger tickets, excursion agreements, and other maritime contracts may contain liability provisions as well, but whether those provisions are enforceable depends on the circumstances and applicable law.

If you were injured after signing a waiver, don’t assume the document ends your case. A maritime attorney can review the agreement and the circumstances of your injury to determine what legal options may still be available.

Whether you qualify for workers’ compensation or another form of protection depends on the type of maritime work you perform and where your work takes place.

Some maritime workers may be covered by different laws than traditional state workers’ compensation. For example, qualifying seamen may have rights under the Jones Act, which can allow them to pursue claims against an employer for negligence that contributed to an injury. Seamen may also be entitled to maintenance and cure, which can provide certain living expenses and medical care while they recover.

Whether someone qualifies as a seaman depends on their connection to a vessel or fleet of vessels in navigation. Courts often use a benchmark of spending approximately 30% of working time in service of a vessel, although eligibility depends on the specific circumstances of the worker’s employment.

If you work on a dock, oil rig, or near shore, you’re likely covered by the Longshore & Harbor Workers’ Compensation Act (LHWCA). This includes workers who load/unload ships, build/repair vessels, or work on offshore oil platforms (in some cases). LHWCA provides medical care, wage replacement, and disability benefits, similar to traditional workers’ compensation.

If you work on the outer continental shelf, you may be covered under the Outer Continental Shelf Lands Act (OCSLA), which extends LHWCA benefits to certain offshore oil and gas workers.

If you’re a traditional land-based worker, standard state workers’ compensation laws apply. These usually don’t cover injuries that occur on navigable waters or offshore.

If you’re uncertain about your worker classification or your employer has denied your claim, consider speaking with a maritime attorney. Maritime cases can involve complex legal requirements and protections that differ significantly from those involved in traditional personal injury claims.

Morgan & Morgan has experienced maritime and offshore injury attorneys who know how to fight for your rights—and we only get paid if we win. Reach out today for a free case evaluation.

Under maritime law, the difference between a seaman and a longshoreman goes beyond a job title. A worker’s classification can determine which federal laws apply, what benefits may be available, and whether the worker can pursue a negligence claim against an employer.

A seaman generally has a substantial employment-related connection to a vessel, or an identifiable fleet of vessels, in navigation and contributes to the vessel’s function or mission. Courts often use approximately 30% of a worker’s time as a guideline when determining whether that connection is substantial.

Examples of workers who may qualify as seamen include:

• Deckhands
• Engineers
• Cooks and other vessel crew members
• Tugboat crew members
• Commercial fishermen

Qualifying seamen may have protections that include:

• Coverage under the Jones Act
• The ability to pursue an employer for negligence
• Maintenance and cure benefits for certain living expenses and medical treatment during recovery

A longshoreman generally performs maritime-related work on docks, terminals, shipyards, or other waterfront areas rather than primarily serving as a member of a vessel’s crew.

Examples may include:

• Dockworkers
• Crane operators
• Shipbuilders
• Certain harbor and waterfront workers

Qualifying longshore and harbor workers may have protections that include:

• Coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA)
• Benefits for medical care, lost wages, and qualifying disabilities
• The potential to pursue claims against responsible third parties in certain circumstances

Determining whether someone qualifies as a seaman or is covered by the LHWCA can depend on the specific nature and location of their work. Your classification can significantly affect your rights after a maritime injury.

If you’re unsure which category applies to you or believe you may have been misclassified, Morgan & Morgan may be able to help. Our maritime attorneys can review your work duties and circumstances, determine which laws may apply, and fight for the compensation you may be entitled to.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you’re backed by America’s Largest Injury Law Firm, with 1,100 attorneys and offices nationwide.

Your case will be handled by a dedicated team that may include a personal injury attorney, case manager, paralegals, and support staff. A primary attorney will oversee your case, supported by a care team that helps keep things moving and keeps you informed throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan handles cases on a contingency fee basis, which means you pay nothing upfront to hire us. The Fee is Free®—you only pay if we win.

If we successfully resolve your case, our fee is a percentage of the recovery. This allows you to pursue your claim without worrying about upfront legal fees.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As America’s Largest Injury Law Firm, with 1,100 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.

Morgan & Morgan works on a contingency fee basis, so you pay nothing upfront for us to take your case. Our motto is The Fee is Free®—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.