Maritime work is not like your average 9-to-5. Employees who spend their careers on the water must deal with things that most people never think about, let alone have to endure, rough waters, heavy machinery, long hours, boats rocking beneath their feet while they’re in the middle of operations, miles away from safety.
When something happens in these isolated, high-stress environments, it can be catastrophic. But what many people do not know is that maritime workers do not have the same protections as those who work on dry land. They are subject to an entirely different set of rights. Understanding these rights when injuries occur can make all the difference.
What Laws Actually Apply
For most injured workers, workers’ compensation is the procedure through which to secure rights to treatment and financial benefits. For maritime workers, however, they are governed by federal maritime law and workers’ compensation does not apply, instead, protections have been in place for over a century under modern maritime law.
For example, the Jones Act was established in 1920 and gives offshore employees the right to sue their employers for negligence, something workers’ compensation does not allow.
In addition, maritime law requires maintenance and cure which means that injured workers have a right to living expenses and medical treatment until they reach maximum medical improvement. The Longshore and Harbor Workers’ Compensation Act applies to certain employees who work in maritime occupations but do not qualify under the Jones Act criteria.
These distinctions are not mere formalities; they represent a fundamentally different approach to injuries sustained on the job.
Where workers’ compensation is a no-fault system that provides set benefits, these advancements are made in maritime law because there are certain inherent risks associated with working offshore that place even greater responsibility on employers for their crew.
When complications occur in these settings, consulting a Beaumont Offshore Injury Lawyer who understands these federal laws can help injured workers understand what’s actually available instead of relying on basic compensatory efforts that fall short.
What is Considered Employer Negligence
Under maritime law, employers are required to provide a seaworthy vessel and safe working conditions. In other words, simply following Occupational Safety and Health Administration (OSHA) standards may not be enough for upstanding employment opportunities.
When equipment malfunctions, employees aren’t sufficiently trained, safety measures aren’t encouraged or the vessel itself is inoperable, these may all be a breach of employer negligence. The problem is that many offshore workers do not understand what rises to a level of actionable negligence compared to a standard accident.
Employers may not retaliate against those who fail to report hazards or who file injury claims; however, so many offshore workers are hesitant to come forward due to fear of losing employment when such violations may be blatant. Even more so, federal law protects the ability to report hazards and seek compensation without employment consequences.
Medical Treatment and Living Expenses
One of the single greatest protections a maritime worker has is maintenance and cure, yet many people do not understand it well enough. Maintenance refers to living expenses incurred when someone has been injured but cannot work, essentially, a per diem payment given to cover basic needs at home until further notice.
Cure means that injured workers are entitled to any medical treatment necessary until doctors determine they’ve reached maximum medical improvement.
However, this gets sticky. Employers will often minimize their requirements in terms of maintenance payment or dispute whether a certain treatment is necessary. They may advocate for a quicker determination of maximum medical improvement.
Unfortunately, this ignores workers’ understanding of maintenance and cure, that workers are entitled to good quality medical treatment rather than the bare minimum and their daily expenses for maintenance should encompass reasonable expectations until further notice.
Why Timing is Important
Maritime injury claims have statutes of limitations based on the legal provision applicable to each situation; Jones Act claims must be filed within three years of injury while other maritime claims must be filed within different time restraints. Regardless of timing, failure to act means a forfeiture of any claims for delayed compensation.
Yet that’s another timing issue many offshore workers don’t realize. Evidence disappears. Crews go on to other vessels. Weather reports and maintenance records get archived or thrown out.
The longer someone waits to discern what happened and begin a claims process, the more difficult it becomes in compiling a successful case, especially when an injury manifests over time instead of immediately.
When Settlement Offers Are Made Early
It’s also not out of the ordinary for maritime employers or insurance companies to contact an injured worker relatively early on with a settlement offer for quick cash inflow. While no one wants to be without paychecks and doctor bills accumulating, there’s an expectation that quick cash can help mitigate costs until recovery.
The catch? These offers are often substantially lower than what the injured worker would receive if they waited until the end of their recovery process by filing an appropriate claim instead.
Typically, when settlements are accepted, that’s it, no going back later when complications arise or when severity isn’t deemed as substantial as expected. Injured maritime workers deserve time to gauge their condition and its long-term implications before agreeing to any final offer.
How Life Changes After Injury
In an instant, life will never be the same for an offshore worker after sustaining an injury. While medical focus is paramount during recovery (and arguably takes precedence over financial and legal considerations), understanding one’s rights is critical for anyone involved in these potentially hazardous situations.
Maritime workers have more extensive protections than most employees; however, these benefits only materialize when injured workers understand they’re available and actively pursue them.
Knowing what’s possible under federal maritime law from maintenance and cure through potential claims for negligence generates confidence when injured workers seek assistance during recovery with ramifications that extend far beyond the accident itself.
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