Did you sustain an injury at sea? The law is different for maritime injury claims than traditional workers' compensation. Because seamen are not typically in any given state, state level workers' compensation laws don't apply. Instead, sailors must claim under either the Jones Act or the concept of "unseaworthiness."

The Jones Act

Most claims are made under the Jones Act. You are automatically entitled to "maintenance and cure" under the Act. Cure means medical expenses, and maintenance means your daily expenses until you are able to return to work or retire and get a job landside. It doesn't matter why or how the injury happened. Even if it's your fault.

The Jones Act also allows you to make a negligence claim if your employer is at fault, which entitles you to a broader range of damages, such as compensation for pain and suffering. Your employer is liable for the negligence of any employees, including your captain and fellow crew members. The Act is generally employee-friendly and places the burden on your employer to prove they were not negligent. They can be held liable for assault by a co-worker, grease on the deck, faulty equipment, etc.

Unseaworthiness

An unseaworthiness claim is a little bit more specific. You can make a claim if the boat or ship you are working on is "unseaworthy," which in this context means unsafe. It does not mean that the ship can't navigate...if you're dead in the water while fixing an engine, it's still seaworthy in this sense.

This allows you to sue the owner or operator of the vessel for not taking proper care of the ship. This may or may not be your employer, depending on company structure.

How To Make A Strong Claim

The first thing to remember is that "maintenance and cure" is automatic. You have the right to lost wages and medical expenses, period, no matter what caused your accident.

Typically, employers who choose to fight are most likely to minimize the event. They may claim their doctor said you weren't actually hurt. Or they may drag out the claims process in the hope of hitting the strict deadline under the Jones Act. You have to file your claim within one year, although you can sometimes get an extension, for example if you were incapacitated.

You may also have people try to discourage you from filing, either maliciously or because they are ignorant of the law. You should file your claim right away. Report the injury to your captain or shipmaster. Do so even if you aren't sure you will need medical attention.

Document all of your medical expenses. Keep all of your receipts and make sure to get your medical records in writing, especially any diagnosis. Seek medical attention, and don't let your pride get in the way.

If you are making a negligence claim, thoroughly document the accident. Take photos of any broken equipment or unsafe conditions that contributed. Keep all communication with your captain, employer, and insurance company.

What To Do If Your Employer Fights Your Claim

It's possible to handle a simple claim for maintenance and cure without a lawyer, if your employer reacts properly. If you are claiming negligence or unseaworthiness, however, you should promptly engage a lawyer familiar with maritime injury claims. Many workers' compensation lawyers are not trained in the specific circumstances faced by seamen.

Engage a lawyer right away, even before your employer tries to dismiss or avoid the claim. If you are lucky, you won't need much of their time. If not, then you will be very glad you have them in your corner.

The most important thing here is to know your rights, all of them. You have the right to medical expenses and lost wages and you have the right to make a claim of your employer or the ship's owner. If you were injured at sea, then engage a good lawyer to help you navigate the Jones Act and claims system and get the compensation you need and deserve.