Injured Offshore? Your Legal Rights After a Maritime Injury

Injured Offshore? Your Legal Rights After a Maritime Injury

Sep 12, 2025 | Defense Base Act, Jones Act Lawyer, Maritime Law, Workplace Injury

The CDC reports that over 400,000 people work in the U.S. maritime industry, facing a higher risk of injury than most other workers. Tragically, the water transportation industry has a fatality rate 4.7 times higher than the average for all U.S. workers.

Offshore workers frequently encounter rough seas and operate heavy machinery. They also work long hours with limited access to medical care. These conditions increase the likelihood of serious accidents and fatal injuries.

If you work in this industry, it is reasonable to be concerned about your rights following a maritime injury. Knowing your rights can help you recover lost wages, get treatment, and protect your future. Read more to discover your legal rights if you’re injured while working offshore.

Right to a Safe Work Environment

Every offshore worker has the right to a safe and well-maintained workplace. Employers are expected to follow:

  • Strict safety standards
  • Provide training
  • Fix known hazards
  • Conduct regular safety inspections
  • Supply proper safety equipment

Unsafe equipment, poor lighting, or lack of safety gear can lead to serious accidents. You can demand better conditions without fear of losing your job. If an offshore injury happens because your employer failed to provide a safe space, you may be entitled to compensation. 

Reporting safety issues protects both you and your coworkers. Speak up when something feels off. Your safety is not a favor; it is your legal right.

Right to Report the Injury

After an injury, you have the legal right to report the incident to your supervisor or employer. That report should be made as soon as possible, and in writing if you can. Accurate reporting builds a strong case for any future claims.

Don’t let anyone pressure you into staying silent. You are protected by law, and your employer is not allowed to:

  • Fire you
  • Threaten you
  • Punish you
  • Demote you
  • Reduce your hours as retaliation

Filing a report is the first step in the maritime injury claims process, and it ensures your case is on record. The earlier you report the injury, the easier it becomes to protect your rights and collect fair compensation.

Right to Legal Representation

Not every lawyer is equipped to handle maritime cases. You need someone who understands the unique challenges of offshore work and the laws that apply. 

A maritime attorney can assist you in the following ways:

  • Gather evidence
  • Understand your legal options
  • Protect your rights
  • Handle communication with insurance companies
  • Build a strong case for compensation

To increase your chances of a successful claim, hire a competent law firm like Barnes Law Firm. We represent offshore workers, injured maritime employees, and those covered under the Defense Base Act. Our team handles negotiations, courtroom litigation, and complex claims with a focus on justice and accountability.

Right to Choose Your Doctor

After an offshore accident, you don’t have to settle for a company-assigned doctor. You have the right to choose your own physician for diagnosis and treatment. An independent doctor can give an unbiased medical opinion and ensure your needs are prioritized.

Some employers may try to control your care or downplay your injuries. Always remember, the law supports your freedom to seek treatment from someone you trust.

If you’re dealing with long-term pain or unclear symptoms, your doctor’s report will play a key role in your claim. Protect your health by choosing a doctor who works for you.

Right to Medical Treatment

No matter who was at fault, you have the right to receive proper medical treatment. Employers are responsible for covering your:

  • Emergency care
  • Ongoing medical needs
  • Hospital stays
  • Rehabilitation services
  • Prescription medication

Don’t delay treatment–even minor injuries can turn serious if ignored. Whether it is surgery, physical therapy, or medication, all necessary care should be provided. You also have the right to request a second opinion if you are unsure.

Many rights for offshore workers exist to ensure quick and fair access to care. Your well-being comes first, and the law backs your right to heal without stress over costs.

Right to File a Jones Act Claim

If your injury resulted from employer negligence, you may be able to file a claim under the Jones Act. The law allows injured seamen to seek damages beyond maintenance and cure. You can recover:

  • Lost wages
  • Pain and suffering
  • Medical expenses
  • Loss of earning capacity
  • Future medical costs

To qualify, you must spend a significant amount of time working on a vessel. Proving negligence is required, though the burden of proof is lower than in many other types of cases.

A successful claim offers meaningful financial relief and helps cover long-term needs. The Jones Act remains a powerful tool for protecting injured seamen’s rights under injury laws at sea.

Right to Sue in Federal or State Court

As an offshore worker, you have the right to file your case in either federal or state court. Maritime law gives you this flexibility depending on where and how the injury occurred. Where you file can affect the:

  • Timeline of the case
  • Amount and type of damages awarded
  • Jury selection process
  • Procedures and rules applied

Your attorney will help you choose the court that offers the strongest position for your case. Some employers may push for arbitration or fast settlements to limit what you can recover. You don’t have to agree. 

Filing in court allows your story to be heard fully and fairly. A courtroom isn’t just about money; it brings accountability, justice, and recognition for what you’ve endured.

Consult an Attorney to Protect Your Maritime Injury Rights

maritime injury can lead to physical, emotional, and financial challenges that impact every part of your life. Understanding your legal rights allows you to seek fair compensation, access necessary medical care, and hold negligent parties accountable.

Whether it is filing a Jones Act claim or recovering long-term damages, taking informed action matters. You do not have to face this process alone.

At Barnes Law Firm, we proudly represent injured maritime workers across the U.S. and globally. Attorney Thomas Barnes brings more than two decades of experience to every case.

Our team is here to protect your rights and fight for results. Contact us today if you were injured while working offshore.