ADMIRALTY AND MARITIME LAWYER IN NASHVILLE

If you’re injured on the job in a maritime or offshore setting near Nashville, Tennessee, 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 Nashville, Tennessee

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 result in severe injuries due to dangerous equipment, slippery surfaces, heavy machinery, fires, explosions, and harsh offshore conditions. Some of the most common injuries include:

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

Many maritime injuries require extensive medical treatment, rehabilitation, and long-term care, especially when they prevent workers from returning to their jobs offshore or at sea.

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 damages available depend on the specific law governing your case, but generally, maritime injury victims can pursue compensation for:

• Medical expenses
• Lost wages and future earning capacity
• Pain and suffering
• Disability and disfigurement
• Emotional distress
• Vocational rehabilitation
• Loss of enjoyment of life
• Wrongful death (in applicable cases)

In Jones Act claims, punitive damages may also be awarded in rare cases of willful misconduct or failure to provide maintenance and cure.

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.

When it comes to maritime law, the distinction between a seaman and a longshoreman isn’t just about job titles. It determines which laws protect you, what benefits you’re entitled to, and whether you can sue your employer for negligence.

A seaman is someone who works on a vessel in navigation (not permanently docked or decommissioned), spends at least 30% of their work time on that vessel (or fleet of vessels), and contributes to the mission or function of the vessel. Examples of a seaman include:

• Deckhands
• Engineers
• Cooks aboard ships
• Tugboat crew
• Fishermen

And their legal protections are:

• Covered by the Jones Act
• Can sue their employer for negligence
• Entitled to maintenance and cure (living expenses + medical costs during recovery)

A longshoreman is someone who works on land or docks, loading and unloading ships, does maritime-related work but not primarily aboard vessels, and is often employed in ports, shipyards, or terminals. Examples of a longshoreman include:

• Dock workers
• Crane operators
• Shipbuilders
• Harbor construction workers

And their legal protections are:

• Covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA)
• Entitled to workers’ compensation-style benefits (medical expenses, wage replacement, disability)
• Usually cannot sue their employer, but may have third-party claims

Your classification as a maritime worker can affect the benefits and compensation available to you, as well as the type of claim you may be able to pursue after an injury. If you’re uncertain about your classification or believe you may have been misclassified, Morgan & Morgan may be able to help. Our maritime attorneys can evaluate your 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.