The types of compensation that you can recover depend on the circumstances and the laws that apply in your case. If you have any questions about how to file a claim for compensation or who is responsible, it’s always best to consult an offshore injury lawyer. 

Injured maritime workers may be entitled to a variety of damages, depending on the circumstances, including:

• Medical expenses
• Lost income and disability benefits
• Pain and suffering
• Lost earning capacity
• Scarring and disfigurement
• Loss of consortium

Generally, you could recover economic damages and non-economic damages. However, your injury award will depend on who was liable for your injuries and whether you’re seeking compensation under the Jones Act or another law.

The following maritime laws are the most common in injury claims:

• The Jones Act, also known as The Merchant Marine Act of 1920, provides “maintenance and cure” benefits for injured seaman. If a seaman can prove that they were injured due to an employer’s negligence, they can seek damages above and beyond maintenance and cure. 
• The Longshore and Harbor Workers’ Compensation Act gives maritime workers who are not classified as seamen the ability to pursue compensation for their injuries. This law applies when a worker is injured on a dock, pier, terminal, wharf, adjoining shipping areas, or navigable U.S. waters. 
• The Outer Continental Shelf Lands Act essentially extends the protections offered by the Longshore & Harbor Workers’ Compensation Act to non-seamen who are employed on the Outer Continental Shelf. Oil rig workers who are injured on the job can generally pursue compensation under this law.
• The Death on the High Seas Act (DOHSA) gives surviving family members the right to seek compensation for wrongful or negligent acts that result in the death of their loved one. Damages available to surviving family members may include loss of financial support, funeral expenses, and burial costs. 

There may be other federal or state maritime laws that apply to your maritime claim. Consult an offshore injury attorney to learn more about your rights.

Obtaining seaman status is key to receiving protections under the Jones Act. Generally, courts examine several different factors when evaluating an injured maritime worker’s seaman status, including whether they:

• Played a substantial role in contributing to the function of the vessel and the accomplishment of its mission? and/or
• Had a substantial and direct connection to the vessel, considering both the duration and the nature of the connection?

The Supreme Court has ruled that the “substantial connection” could only be established by a seaman who spent at least 30% of their time working aboard the vessel or fleet.

Establishing seaman status is critical to protecting your right to full compensation under federal law.

Your timeline for filing a maritime injury claim will differ depending on the laws that apply to your case.

The Jones Act: The statute of limitations for Jones Act claims is generally three years. However, if the plaintiff is filing suit against the United States government, this window is reduced to two years.

• The Longshore and Harbor Workers’ Compensation Act: Generally, the statute of limitations for claims made under this law is one year. However, if the claim is due to an occupational disease, this window is extended to two years.
• The Outer Continental Shelf Lands Act: The statute of limitations for OCSLA suits is determined by the state that is adjacent to the offshore structure. 
• Death on the High Seas Act: The deadline for DOHSA claims is generally three years from the date of the worker’s death. 

In most cases, the statute of limitations clock begins ticking on the day the accident occurred. However, if the victim’s injuries were not discovered until weeks or months down the line, the countdown timer instead starts on the day they are diagnosed.