Disclaimer: This article is general information, not legal advice. arjankc.com.np is not a law firm, does not recommend or rank lawyers or law firms, and does not receive referral fees. Maritime law is federal, but procedure, venue and related state rules vary and change over time. If you have been injured, speak to a licensed attorney about your situation as soon as possible.

Last reviewed: 13 October 2026

Working on the water is dangerous, and the law that applies after an injury depends heavily on who the worker is and where the injury happened. A deckhand on a supply boat, a longshore worker loading a ship, a welder on a fixed production platform and the family of someone killed far offshore can each be governed by a different federal statute, with different remedies and deadlines. This guide explains the main rules for a Jones Act or other maritime injury claim, the deadlines that catch people out, the evidence that matters, and a criteria-based way to evaluate a maritime injury lawyer. It does not rank lawyers or estimate what any claim is worth.

Which law applies: the first question in any maritime injury

The table below summarizes the main federal frameworks. Each is explained in the sections that follow.

Table showing which federal maritime law covers seamen, longshore workers, offshore platform workers and deaths on the high seas, with key deadlines

Chart: arjankc.com.np, from 46 U.S.C. 30104, 30106, 30302 and 30529, 33 U.S.C. 902, 905, 912 and 913, and 43 U.S.C. 1333. Summary only; exceptions apply.

Who is a “seaman”?

The Jones Act, now codified at 46 U.S.C. 30104, lets “a seaman injured in the course of employment” sue the employer in a civil action with a right to a jury trial. If the seaman dies from the injury, the personal representative can bring the action. The statute does not define “seaman”, so the courts have.

The Chandris test

In Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), the Supreme Court set out a two-part test. The worker must:

  1. contribute to the function of a vessel or the accomplishment of its mission; and
  2. have a connection to a vessel in navigation, or an identifiable fleet of vessels, that is substantial in both duration and nature.

On duration, the Court endorsed the Fifth Circuit’s rule of thumb: a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman. The Court stressed that the figure is only a guideline, not a fixed rule. Whether a structure is a “vessel” and whether it was “in navigation” are frequent points of dispute, especially for barges, jack-up rigs and other floating equipment.

Aquaculture workers

A 2022 amendment added 46 U.S.C. 30104(b), which excludes certain aquaculture workers from the Jones Act remedy. It applies to injuries on or after 23 December 2022. Aquaculture workers should check the statutory conditions with a lawyer.

Jones Act negligence and “featherweight” causation

The Jones Act incorporates the federal laws that govern injuries to railway workers, the Federal Employers’ Liability Act (FELA). In practice that means:

  • The employer must use reasonable care. A seaman must show that the employer, or someone the employer is responsible for, was negligent. Common allegations include unsafe work methods, inadequate crew or training, defective equipment and failure to provide a safe place to work.
  • Causation is relaxed. The employer is liable if its negligence played any part, even a small one, in causing the injury. The Fifth Circuit has described the seaman’s burden of proving causation as “featherweight” in Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331 (5th Cir. 1997) (en banc).
  • The seaman must also act reasonably. In the same decision, the full Fifth Circuit held that a seaman owes a duty of ordinary prudence for his own safety, judged by a reasonable seaman in like circumstances. It overruled earlier cases that had applied a lighter “slight care” standard.
  • Comparative fault reduces, but does not bar, recovery. If the seaman is partly at fault, damages are reduced in proportion.

Unseaworthiness

Separate from Jones Act negligence, general maritime law requires a vessel owner to provide a seaworthy vessel: a vessel, crew and equipment reasonably fit for their intended use. The Supreme Court has described this duty as “absolute and completely independent” of the Jones Act duty of reasonable care, so a seaman does not need to prove that the owner was negligent or knew about the condition. Typical examples include defective gear, an unsafe work method, or an inadequate or poorly trained crew.

Seamen commonly plead both Jones Act negligence against the employer and unseaworthiness against the vessel owner, who may be the same company or a different one.

Maintenance and cure

Maintenance and cure is one of the oldest seaman’s remedies. It is owed by the employer when a seaman is injured or falls ill while in the service of the ship, regardless of fault. In Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), the Supreme Court explained that, in addition to wages, “maintenance” includes food and lodging and “cure” refers to medical treatment. The right is independent of, and in addition to, any negligence or unseaworthiness claim.

Disputes often concern the daily maintenance rate, which treatment counts as cure, and when the obligation ends. Keep every medical bill, receipt and record of living expenses, and get any decision to stop or reduce payments in writing.

Punitive damages: what the Supreme Court has said

Two Supreme Court decisions set the current boundaries:

  • Atlantic Sounding v. Townsend (2009): punitive damages may be available for an employer’s willful and wanton failure to pay maintenance and cure. The Court held that Miles v. Apex Marine Corp. (1990) and the Jones Act did not displace that historical remedy.
  • Dutra Group v. Batterton (2019): a plaintiff may not recover punitive damages on a claim of unseaworthiness. The Court reasoned that the Jones Act incorporated FELA, under which damages were compensatory, and that historical evidence did not support punitive damages for unseaworthiness (Dutra Group v. Batterton, No. 18-266 (2019)).

Outside those holdings, the availability of punitive damages in maritime cases is limited and depends on the claim, the parties and the circuit. Compensatory damages, such as lost wages, medical expenses and pain and suffering, remain the core of most claims.

Workers who are not seamen

Longshore and harbor workers (LHWCA)

The Longshore and Harbor Workers’ Compensation Act is a federal workers’ compensation system administered by the US Department of Labor. Its definition of “employee” in 33 U.S.C. 902(3) covers people in maritime employment such as longshore workers, ship repairers and shipbuilders, but expressly excludes “a master or member of a crew of any vessel”. So a worker is generally either a seaman under the Jones Act or a potential LHWCA employee, not both.

Key points:

  • No-fault benefits, exclusive remedy. Under 33 U.S.C. 905(a), the employer’s liability for LHWCA compensation is generally exclusive, so the worker usually cannot sue the employer for negligence.
  • Vessel negligence claims. Under 33 U.S.C. 905(b), a covered worker injured by the negligence of a vessel can sue the vessel as a third party. That claim cannot be based on unseaworthiness.
  • Short deadlines. Notice of injury generally must be given within 30 days (33 U.S.C. 912) and a claim generally must be filed within one year (33 U.S.C. 913), subject to awareness rules and exceptions for occupational disease.

Offshore platform workers (OCSLA)

The Outer Continental Shelf Lands Act extends federal law to fixed installations and other devices attached to the seabed on the outer Continental Shelf. Under 43 U.S.C. 1333(b), compensation for disability or death from injuries resulting from operations to explore for, develop, remove or transport the shelf’s natural resources is payable under the LHWCA. The extension does not cover a master or member of a crew of any vessel. Workers on fixed platforms, who generally are not seamen, often fall here.

Deaths on the high seas (DOHSA)

The Death on the High Seas Act, 46 U.S.C. 30302, allows the personal representative of a person killed by a wrongful act, neglect or default on the high seas beyond 3 nautical miles from the US shore to bring a civil action in admiralty. The action is for the exclusive benefit of the decedent’s spouse, parent, child or dependent relative.

Deadlines that matter

Deadline What it covers Source
3 years Civil actions for personal injury or death from a maritime tort 46 U.S.C. 30106
30 days (notice), 1 year (claim) LHWCA notice of injury and claim for compensation 33 U.S.C. 912 and 913
6 months after written notice Vessel owner’s action to limit liability 46 U.S.C. 30529
Immediately, then within 5 days Coast Guard notice and Form CG-2692 report of a marine casualty 46 CFR 4.05-1 and 4.05-10

The Limitation of Liability Act

The Limitation of Liability Act (46 U.S.C. 30501 and following) lets a vessel owner ask a federal district court to limit its liability. Under section 30529, the owner must bring that action within 6 months after a claimant gives the owner written notice of a claim. The owner provides a fund equal to the value of its interest in the vessel and pending freight, or approved security. Once the owner has done so, all claims and proceedings against the owner related to the matter cease, and claimants generally must pursue their claims in that federal proceeding.

Two practical consequences follow. First, a letter from an injured worker or a lawyer that gives written notice of a claim can start the owner’s 6-month clock. Second, once a limitation action is filed, the injured person may have to respond on a deadline set by the federal court. Both are reasons to involve a lawyer early.

Reporting the incident and preserving evidence

Coast Guard marine casualty reports

Under 46 CFR 4.05-1, the owner, agent, master, operator or person in charge must notify the Coast Guard immediately after addressing safety concerns when a vessel, floating OCS facility or mobile offshore drilling unit is involved in a reportable marine casualty. Reportable events include a loss of life and an injury that requires professional medical treatment beyond first aid and, for someone working aboard a vessel in commercial service, leaves the person unfit to perform routine duties.

Under 46 CFR 4.05-10, a written report must follow within 5 days on Form CG-2692 (Report of Marine Casualty, Commercial Diving Casualty, or OCS-Related Casualty), with addenda such as Form CG-2692C for personnel casualties and CG-2692D for involved persons and witnesses. These are the operator’s obligations, but the report can become important evidence.

What an injured worker can do

  • Report the injury to a supervisor in writing as soon as possible and keep a copy.
  • Get medical care and keep every record, bill and receipt.
  • Write down what happened, the equipment involved, the weather and sea state, and the names of witnesses, while memories are fresh.
  • Keep photos, videos, texts and emails relating to the incident and to work assignments.
  • Keep pay records, hitch schedules and anything that shows how much time you spend aboard vessels, which matters for seaman status.
  • Be cautious about signing statements or releases before getting legal advice.

Where maritime cases are filed: Louisiana and the Gulf

Federal district courts have jurisdiction over admiralty and maritime cases under 28 U.S.C. 1333, “saving to suitors” other remedies, which is why many maritime injury cases can also be brought in state court. The Jones Act itself gives the seaman the right to a jury trial.

In the Gulf region, Louisiana has three federal districts (Eastern, Middle and Western), and appeals from federal courts in Louisiana, Texas and Mississippi go to the US Court of Appeals for the Fifth Circuit, whose decisions such as Gautreaux shape how Jones Act cases are tried there. Venue choices involve procedural rules, the location of the employer and the vessel, and where witnesses are, and should be made with a lawyer licensed in the relevant state.

How to evaluate a maritime injury lawyer

Maritime injury law is specialized. A criteria-based review is more useful than advertising, rankings or award lists.

Experience and licensing

  • Admiralty experience. Ask how many Jones Act, LHWCA, OCSLA or DOHSA matters the lawyer has handled, and in which courts. Ask who will actually do the work on your file.
  • Licensing and discipline. Check that the lawyer is licensed and in good standing in the state where the case will be filed. In Louisiana, the Louisiana Attorney Disciplinary Board’s attorney status search shows whether a lawyer is eligible to practice.
  • Verifiable trial and case history. Federal court filings can be searched on PACER, and many state courts have their own online dockets. Look for the lawyer’s name on maritime cases rather than relying on marketing claims about results.

Fees and costs

Many plaintiff injury lawyers work on contingency. Under ABA Model Rule 1.5, which state bars adopt in their own versions, a contingent fee agreement must be in a writing signed by the client and must state:

  • the percentage or percentages the lawyer will receive on settlement, trial or appeal;
  • the litigation and other expenses to be deducted from the recovery;
  • whether expenses are deducted before or after the fee is calculated; and
  • any expenses the client must pay even if the case is lost.

At the end, the lawyer must give a written statement showing the outcome and how the client’s share was calculated. If a lawyer plans to share the fee with another firm, Model Rule 1.5(e) requires, among other things, that the client agree to the arrangement, including each lawyer’s share, and that the agreement be confirmed in writing.

Questions to ask at a consultation

  1. Do you think I am a seaman, a Longshore Act employee, or something else, and why?
  2. Which deadlines apply, including any limitation of liability deadline?
  3. Who will pay maintenance and cure or LHWCA benefits while the case is pending?
  4. What evidence should I preserve now?
  5. What is your fee percentage, how are case expenses handled, and what do I owe if we lose?
  6. How will you keep me informed, and who is my day-to-day contact?

Red flags

  • Guarantees of a particular result or dollar amount.
  • Pressure to sign a fee agreement immediately, or refusal to put the fee terms in writing.
  • Unsolicited in-person or phone approaches after an accident. ABA Model Rule 7.3 prohibits lawyers from soliciting employment by live person-to-person contact for pecuniary gain, with limited exceptions.
  • Vague answers about who will handle the case or about expenses.
  • A lawyer who cannot explain which legal framework applies to your job.

Key takeaways

  • Remedies depend first on status: seaman, Longshore Act employee, OCSLA worker, or a death on the high seas.
  • Seaman status turns on the Chandris test, including the 30 percent rule of thumb.
  • Jones Act negligence uses relaxed causation, but seamen must also act with ordinary prudence, and their own fault reduces recovery.
  • Maintenance and cure is owed regardless of fault; punitive damages are limited to narrow situations.
  • Watch the deadlines: 3 years for most maritime tort suits, much shorter periods under the LHWCA, and a 6-month window for a vessel owner’s limitation action.
  • Evaluate lawyers on verifiable experience, licensing and written fee terms, not rankings or advertising.

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