Meet Our Offshore Injury Lawyers

If you get injured while working offshore, it’s critical to act quickly and deliberately to protect both your health and your legal rights. Here are the essential steps to take:

1. Report the Injury Immediately

Notify your supervisor or captain as soon as the injury happens. This creates a formal record and ensures compliance with maritime procedures. Failing to report an injury right away can seriously hurt your case later.

2. Seek Medical Attention

Even if the injury seems minor, get medical help right away. Offshore environments are high-risk, and minor issues can escalate. You may be treated by the ship’s medic initially, but you have the right to see a doctor of your own choosing when you return to shore.

3. Document Everything

Start gathering evidence as soon as you’re able:

• Take photos or videos of the injury site.
• Get names and contact information of witnesses.
• Write down what happened in your own words while it’s still fresh.
  
   

4. Don’t Sign Anything Without Legal Advice

You may be asked to sign statements, waivers, or settlement offers, but don’t do it without speaking to a maritime attorney. These documents can limit or eliminate your ability to recover full compensation.

5. Keep Records

Hold on to all documentation related to your injury, including:

• Medical reports
• Receipts for out-of-pocket expenses
• Emails or texts with your employer
• Any incident or accident reports
  
   

6. File for Maintenance and Cure

You’re entitled to “maintenance and cure,” a maritime law benefit that covers basic living expenses and medical treatment until you reach maximum medical improvement (MMI). File for these benefits through your employer, and document everything in writing.

7. Consult an Experienced Offshore Injury Attorney at Morgan & Morgan

Offshore injury claims are governed by complex laws like the Jones Act or the LHWCA, and each case is unique. An experienced maritime lawyer can help determine what laws apply and fight for the maximum compensation you’re owed.

8. Act Quickly

You may have as little as one year to file a claim, depending on your situation. Don’t risk missing your chance to recover damages by waiting too long.

Your employer’s insurance company is not on your side. They may seem helpful, but their goal is to minimize costs, not to protect your rights. The sooner you get legal representation, the better your outcome can potentially be.

Offshore work, whether on oil rigs, ships, or in the diving industry, is some of the most dangerous labor in the world. 

Maritime workers face unique risks that can result in serious, even life-threatening injuries. When something goes wrong offshore, injured workers often find themselves navigating a complex web of laws and legal terminology to get the compensation they deserve. 

That’s why the Jones Act came into existence.

The Jones Act is a federal law that gives certain maritime workers the right to sue their employers for negligence. Unlike standard workers’ compensation laws, the Jones Act allows seamen to file personal injury lawsuits against their employer for unsafe working conditions, lack of proper training, equipment failures, and more. To qualify under the Jones Act, a worker must spend at least 30% of their time aboard a vessel in navigation.

Yes, if you qualify as a Jones Act seaman, you can sue your employer for damages resulting from negligence. If you don’t qualify under the Jones Act but were injured while working on a fixed platform or dockside, you may still be covered under the LHWCA. Offshore oil rig injuries often involve heavy equipment, fire or explosion risks, and long shifts, making proper safety procedures critical.

While both laws protect maritime workers, the LHWCA (Longshore and Harbor Workers’ Compensation Act) is more like traditional workers' compensation and covers land-based maritime workers, such as longshoremen, harbor workers, and some offshore workers not classified as seamen. 

The Jones Act, on the other hand, specifically covers crewmembers of vessels, providing them with broader rights to sue for employer negligence.

Timing is critical. Under the Jones Act, you typically have three years from the date of the injury to file a claim. However, under the LHWCA, you usually only have one year to file a claim after the injury occurs. Don’t wait—delays can seriously jeopardize your right to compensation.

“Maintenance and cure” refers to the basic living expenses and medical costs your employer must cover when you’re injured on the job, regardless of who was at fault. Maintenance includes things like rent, food, and utilities, while cure covers medical treatment until you reach maximum medical improvement (MMI). This is a no-fault benefit, meaning you don’t need to prove negligence to receive it.

Yes. Under the Jones Act, injured workers can seek compensation for lost income, both past and future, as well as for loss of earning capacity. Unlike traditional workers’ comp, these damages can be significant, especially if your injury prevents you from returning to offshore work.

In maritime law, a vessel is considered “unseaworthy” when it is not reasonably fit for its intended use or lacks the proper conditions, equipment, or crew to ensure the safety of those onboard. If you’re a seaman injured due to an unseaworthy condition, you may be entitled to compensation under general maritime law, even if your employer wasn’t directly negligent.

Here’s what can qualify a vessel as unseaworthy in a legal claim:

Defective or Poorly Maintained Equipment

• Broken ladders or handrails
• Malfunctioning winches, cranes, or hoists
• Leaking pipes or electrical issues
• Non-working safety systems (e.g., fire suppression, alarms)
  
   

Slippery or Unsafe Work Surfaces

• Grease, oil, or water left uncleaned on decks
• Poor lighting in hazardous areas
• Missing anti-slip coatings or floor grates
  
   

Lack of Safety Gear

• Inadequate or missing life vests, harnesses, or PPE
• No emergency medical supplies
• Faulty or expired firefighting equipment
  
   

Inadequate or Incompetent Crew

• Crew members who are poorly trained
• Understaffed vessels
• Crew with substance abuse issues or fatigue from overwork
• Failure to follow proper procedures or navigation protocols
  
   

Improperly Loaded Cargo

• Uneven distribution that affects vessel stability
• Loose or unsecured cargo that poses tripping or crushing hazards
• Overloading the vessel beyond safe capacity
  
   

Design or Structural Defects

• Inherent design flaws that create safety risks
• Deteriorated hulls or structural components
• Doors, ladders, or hatches that don’t function properly
  
   

The vessel does not have to be completely unsafe, just not reasonably fit for its intended purpose. The duty to provide a seaworthy vessel is absolute and falls on the vessel owner. Even a temporary or one-time condition can make a vessel legally unseaworthy.

Most personal injury settlements, including those under the Jones Act, are not taxable if they’re compensation for physical injuries. However, lost wages or punitive damages may be subject to taxes. Always consult a tax professional to understand the implications of your settlement.

In many cases, liability waivers signed before an injury may not be enforceable, especially under federal maritime law. Courts often strike down these waivers if they believe the employer tried to avoid responsibility for safety violations or negligence.

Expert witnesses play a critical role in offshore injury cases by helping explain complex technical, medical, and industry-specific issues to judges and juries. Their specialized knowledge can make or break a case in maritime law, where the environment and equipment are often unfamiliar to those outside the industry.

Here’s how expert witnesses help support offshore injury claims:

Establishing Liability and Proving Negligence

Experts can analyze the facts and determine whether your employer, the vessel owner, or another party failed to meet safety standards. They can testify about:

• Whether proper procedures were followed
• If equipment met industry regulations
• How the accident could have been prevented

For example, a maritime safety expert might explain how a crew’s failure to secure cargo caused an injury or how a lack of emergency training contributed to the harm.

Demonstrating Unseaworthiness

In cases involving unseaworthy vessels, experts can assess the vessel’s condition, maintenance records, and design to show whether it was fit for its intended use. They may testify about:

• Poorly maintained equipment
• Design flaws
• Inadequate crew training or staffing
  
   

Reconstructing the Accident

Accident reconstruction specialists use physical evidence, photos, schematics, and witness statements to recreate how the injury happened. Their analysis can clarify who was at fault and how events unfolded.

Medical Testimony

Medical experts play a key role in:

• Proving the extent of your injuries
• Explaining necessary treatments and long-term impacts
• Estimating future medical costs and rehabilitation needs

They help connect your injury directly to the offshore accident and rebut claims that it was preexisting or unrelated.

Calculating Economic Damages

Vocational experts and economists may be brought in to:

• Estimate lost wages and future earning capacity
• Assess how your injury affects your ability to return to work
• Quantify the financial impact of your disability

Their analysis supports your demand for fair compensation beyond just current expenses.

Educating the Court

In many cases, judges and juries aren’t familiar with offshore work, ship operations, or maritime law. Expert witnesses translate technical language into understandable testimony, making it easier for the court to see how and why your injury occurred.

In offshore injury lawsuits, damages are calculated based on a combination of economic, non-economic, and sometimes punitive factors, depending on the circumstances of the case and the laws that apply, like the Jones Act, general maritime law, or the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Here’s a breakdown of how damages are typically calculated:

Economic Damages (Tangible Losses)

These are the measurable financial costs you’ve incurred or will incur due to your injury. Courts and attorneys use documentation, expert analysis, and projections to calculate the total value.

Medical Expenses

• Emergency room visits
• Surgeries
• Physical therapy
• Prescription medications
• Travel costs for treatment
• Future medical care for chronic or long-term conditions
  
   

Lost Wages

• Time missed from work due to injury or recovery
• Unused vacation or sick leave
• Lost overtime or bonuses
  
   

Loss of Future Earning Capacity

If your injury prevents you from returning to your previous job—or working at all—experts can assess:

• Your expected career trajectory
• Your age and education
• Market wages for comparable work
• Long-term disabilities or limitations

This projection helps determine what you could have earned over your lifetime if the injury hadn’t occurred.

Non-Economic Damages (Intangible Losses)

These damages compensate for the emotional and physical toll of the injury. While harder to quantify, they’re often a substantial part of a maritime injury claim.

Pain and Suffering

• Physical pain during and after the incident
• Chronic discomfort or limitations
  
   

Emotional Distress

• Anxiety, depression, or PTSD
• Sleep issues
• Impact on relationships
  
   

Loss of Enjoyment of Life

If your injury prevents you from doing the things you once loved, whether it’s playing with your kids or continuing your hobbies, you may be compensated for that loss.

Disfigurement or Permanent Disability

Injuries that result in scarring, amputation, or paralysis carry significant personal and emotional weight and may increase your total compensation.

Maintenance and Cure (Under General Maritime Law)

Injured seamen are entitled to “maintenance and cure” regardless of fault:

• Maintenance: Covers basic daily living expenses like rent, food, and utilities.
• Cure: Covers medical costs until you reach maximum medical improvement (MMI), the point at which no further healing is expected.

These benefits are guaranteed under maritime law and can be recovered even if you don’t pursue a full lawsuit.

Punitive Damages (in Limited Cases)

Punitive damages may be awarded in rare cases of egregious misconduct, such as:

• Willful failure to provide medical care
• Gross safety violations
• Intentionally unsafe work conditions

Punitive damages are meant to punish the employer and deter similar behavior in the future.

Comparative Fault May Reduce Damages

In Jones Act and maritime claims, the court may evaluate whether you were partially responsible for your injury. If you were, your compensation could be reduced proportionally.

For example, if you’re found 20% at fault for the accident, your total award may be reduced by 20%.

 

Use of Expert Witnesses to Calculate Damages

To ensure accurate valuations, attorneys often bring in experts:

• Medical experts to forecast long-term care needs
• Economists to project future income
• Vocational rehab specialists to determine work limitations

These professionals help support and justify the full value of your claim.

LHWCA-Specific Damages

If your claim falls under the Longshore and Harbor Workers’ Compensation Act, you may be entitled to:

• Temporary total disability (TTD) benefits
• Permanent partial disability (PPD) payments
• Scheduled injury compensation for specific body parts

Unlike the Jones Act, the LHWCA doesn’t include pain and suffering, but it does provide structured wage and medical benefits.

Yes. The Jones Act and general maritime law apply to injuries that happen in international waters, as long as the injured worker is a U.S. citizen or employed by a U.S. company and the vessel has significant ties to the U.S. Each case is unique, and jurisdiction can be complex, so legal guidance is important to be successful with your claim.

Absolutely. Maritime law recognizes psychological injuries like PTSD, anxiety, or depression stemming from traumatic accidents, unsafe working conditions, or serious injuries. These mental health issues can be included in your claim, particularly when they interfere with your ability to work or live a normal life.

In offshore injury cases, proving negligence is often the key to securing full compensation under the Jones Act, general maritime law, or other applicable statutes. But offshore environments are complex and so are the accidents that happen there. 

To build a strong case, you’ll need clear, compelling evidence that shows how your employer, vessel owner, or another party failed to uphold their duty to keep you safe.

Here’s the kind of evidence that can help prove negligence in an offshore injury case:

Accident Reports

The official report filed with your employer or supervisor immediately after the incident can be a powerful piece of documentation. It usually includes:

• Date, time, and location of the incident
• Names of people involved
• A narrative of what happened
• Witness statements (if collected)

If you’re able, request a copy for your records and ensure it reflects the facts accurately.

Eyewitness Testimony

Testimony from coworkers, other crew members, or third parties who saw the accident can support your version of events. They may:

• Confirm unsafe working conditions
• Verify a lack of proper training or supervision
• Corroborate mechanical failures or human error
  
   

Photographs and Videos

Visual evidence is often one of the most persuasive tools in a maritime injury case. This can include:

• Photos of the accident scene, equipment, or unsafe conditions
• Videos from onboard security cameras (if available)
• Cell phone footage taken before, during, or after the incident

These should be gathered as soon as possible, as conditions can change quickly on vessels or rigs.

Maintenance and Inspection Records

Faulty or poorly maintained equipment is a common cause of offshore injuries. The following records can help prove that the employer knew about a hazard and failed to fix it.

• Missed inspections
• Delayed repairs
• Known issues that weren’t addressed
  
   

Training Logs and Safety Manuals

Negligence can also be proven by showing that workers weren’t properly trained or that safety protocols weren’t followed. Evidence may include:

• Incomplete or missing training records
• Outdated safety procedures
• Violations of company or industry safety standards
  
   

Medical Records

Your medical documentation is key for two reasons:

• It proves that you were actually injured and sought treatment.
• It can tie the injury directly to the offshore incident.
   

Make sure to document every visit, diagnosis, treatment plan, and any long-term effects.

Expert Witness Testimony

Experts can analyze technical details and offer informed opinions about what went wrong. For example, a maritime safety expert may testify that the crew failed to follow required procedures. A mechanical engineer might confirm that a part failed due to lack of maintenance, and a medical expert can establish the full extent and cause of your injuries.

 

Logbooks and Vessel Records

Official ship or rig logs may contain entries about:

• Safety drills
• Equipment issues
• Crew rosters and hours (fatigue can be a factor)
• Prior incidents

These records can show a pattern of negligence or support your account of the accident.

Emails, Texts, and Internal Communications

Electronic communications between you, your supervisors, or coworkers can help establish:

• Prior warnings or complaints about dangerous conditions
• Pressure to ignore safety protocols
• Delayed responses to reported problems

Save all messages and emails, even informal ones. You never know what can make or break a case.

Weather and Environmental Data

If weather played a role in your injury (e.g., rough seas, slippery decks, or visibility issues), this information can highlight a failure to delay operations during unsafe conditions and support claims of operational negligence or poor judgment.

Offshore accidents are rarely simple. Equipment failures, crew errors, unsafe working conditions, and poor decisions can all come together to cause a single, devastating injury. In many offshore injury cases, more than one party shares responsibility for what happened, and under maritime law, each of those parties can be held legally liable.

Here’s what you need to know if multiple parties contributed to your offshore injury:

You Can Sue More Than One Party

Maritime law allows injured workers to bring claims against every party whose negligence played a role in the accident. These parties might include:

• Your employer (under the Jones Act)
• The vessel owner or operator
• A third-party contractor or subcontractor
• The manufacturer of faulty equipment
• The rig operator or parent company
• Port authorities or dock operators (in loading/unloading incidents)

Each entity may bear a percentage of fault and be responsible for compensating you accordingly.

Shared Fault Is Common in Offshore Environments

Offshore job sites are highly integrated. On oil rigs, ships, and floating platforms, multiple companies often operate in close quarters:

• One company owns the rig or vessel
• Another provides staffing
• Others supply tools, parts, or maintenance
  
   

When something goes wrong, it’s not unusual for multiple failures to overlap, like:

• A poorly trained crew mishandling dangerous equipment
• Faulty machinery supplied by a negligent manufacturer
• Inadequate safety oversight from a contractor
  
   

Comparative Fault Applies in Maritime Law

Under the Jones Act and general maritime law, courts follow a comparative fault system. This means:

• Each party is assigned a percentage of fault
• Your compensation is adjusted based on how much each party contributed to your injury

For example, if your employer is 60% at fault, the vessel owner is 30%, and a subcontractor is 10%, your award will be split accordingly.

Importantly, your own level of fault (if any) can also be considered. If you’re found 10% responsible, your final compensation may be reduced by that amount.

Your Attorney Will Investigate All Possible Defendants

One of the most critical steps in a successful offshore injury case is identifying all responsible parties early on. Your legal team will:

• Investigate the accident site
• Interview witnesses
• Analyze contracts and responsibilities
• Review maintenance logs, safety reports, and communications

This ensures that no liable party escapes accountability and that you recover the full value of your damages.

Each Defendant May Try to Shift the Blame

When multiple parties are involved, they may try to point fingers at each other, minimize their role in the accident, or argue that you were primarily at fault.

Having experienced offshore injury lawyers is essential to cut through the confusion and protect your rights. At Morgan & Morgan, we’re used to going up against large corporations, insurance companies, and aggressive defense teams, and we won’t back down.

You May Receive Compensation From Multiple Sources

Depending on the type of claim you file, you may be able to recover from:

• A Jones Act lawsuit against your employer
• A third-party negligence claim under general maritime law
• A product liability claim against an equipment manufacturer
• Maintenance and cure from your employer regardless of fault
• LHWCA benefits (if applicable) for non-seamen
   

Each source of compensation helps ensure you're made whole—even if your case is complex.

Most Jones Act claims take several months to a few years, depending on the complexity of the case and whether it goes to trial. Some employers may offer a settlement early, but it’s important to evaluate the full scope of your injuries before accepting any offer.

A free case evaluation with Morgan & Morgan can help you to determine the estimated timeline of your specific claim.

Commercial divers injured on the job may be covered under the Jones Act, the LHWCA, or general maritime law, depending on the nature of the work and where the injury occurred. These workers often face high risks from equipment malfunctions, pressure-related injuries, and underwater hazards. Legal protections include rights to maintenance and cure, as well as claims for employer negligence or unseaworthy vessels.

Yes. Cruise ship crew members are generally considered Jones Act seamen, which means they can file negligence claims if they are injured due to unsafe conditions or employer oversight. They’re also entitled to maintenance and cure and may have additional rights under international maritime treaties depending on the ship’s flag and port of origin.

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 don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention 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’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so 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.