What is a maritime injury and what types of compensation can be pursued?

A maritime injury is an injury sustained by someone who works on a vessel out in open water. Maritime injuries can include anything from fractures and broken bones to drowning and loss of limbs, and can take place on, in, or near the vessel. In order to pursue compensation for a maritime injury in California, the injured party must first be able to establish that they were employed or were a passenger on the vessel at the time the injury occurred. Depending on the circumstances, they can then pursue either a Jones Act claim, a general maritime claim, or a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The Jones Act provides an injured seaman the right to seek damages from their employer. This claim requires the injured party to prove negligence on the part of the employer, either through a failure to maintain safe working conditions or by supplying faulty equipment that contributed to the accident. If successful, they may be able to pursue compensation for medical expenses, lost wages, pain and suffering, disfigurement, and other resulting damages. In cases where negligence is not at issue, an injured worker may be able to pursue a general maritime claim. This allows them to seek compensation from the vessel’s operator or owner if they are responsible for the injury. Finally, the LHWCA enables injured workers to receive compensation from their employer in the event that they sustain a work-related injury on a vessel or dock. Common types of compensation sought under this law include medical expenses, rehabilitation costs, lost wages, and disability benefits.

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What is a maritime injury and what types of compensation can be pursued?

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