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Maritime workers who have been injured are compensated in several ways. They may be able to sue the boat owner/operator or employer to gain compensation for present and future lost wages, medical costs, physical pain and suffering, mental anguish and death. There are basically three separate concepts for compensation, 1) Maintenance and Cure, 2) the doctrine of unseaworthiness and 3) the Jones Act.

Here’s a brief explanation of all three:

Maintenance and Cure. This is similar to the concept of workers’ compensation. It requires a ship owner to pay for an injured seaman’s medical treatment up to a certain amount and provide basic living expenses until the voyage is completed – regardless of whether the seaman is still on the vessel or elsewhere. The principle of maintenance and cure applies as of right, unless – like workers’ compensation – the injury occurred as the result of the seaman’s own willful gross negligence.

Doctrine of unseaworthiness. This makes a ship owner liable if the seaman was injured because the vessel, or any appliance on the vessel, was ‘unseaworthy’ – basically meaning that it didn’t work correctly. For a vessel to be considered seaworthy, the following requirements must be met:

1. Adequate safety equipment must be provided.
2. Adequate work equipment must be provided and function properly.
3. Vessel operation must adhere to safety standards.
4. The vessel must provide a safe working and living environment.

Jones Act. This allows a seaman to sue the ship owner via a jury trial for personal injury or wrongful death when a ship owner breaches a duty of care owed to the seaman – basically meaning that the ship owner was somehow negligent. The Jones Act can be applied to the following types of workers:

• Cruise ship workers
• Ferry boat workers
• Oil platform workers
• Commercial divers
• Longshoremen
• Fishermen
• Construction workers
• Tug boat workers
• Barge workers

The Jones Act is somewhat complicated. It states that a “seaman” is anyone who works at least 30% or more of his or her time on a vessel, or on a fleet of vessels under the same control. The vessel must have been in navigation for the Act to apply. Claims filed under the Jones Act must generally be brought within three years after the injury, and unlike the Longshore and Harbor Workers’ Compensation Act, plaintiffs injured must prove that the other party was at fault for the injury.

Hiring a lawyer

As you can see, maritime lawsuits and claims require the expertise of a particular type of lawyer. We asked Thomas Stolpman, a partner with Stolpman, Krissman, Elber & Silver, to help consumers understand what qualifications are necessary. “A maritime lawyer will be able evaluate their situation and determine whether they are entitled to workers’ compensation benefits (under the Longshore and Harbor Workers’ Compensation Act) and whether or not they have a lawsuit against the company under the Jones Act or another theory of maritime law. Maritime law is a very specialized field. General practice attorneys may not fully understand the theories of law that are applied in these types of cases. When seeking a qualified attorney, it’s important to not only ask them about their experience in maritime cases, but to inquire into their trial experience as well.”