Nationwide Litigators Based in St. Louis, Missouri

Maritime law covers a variety of legal matters that arise from incidents on navigable waters. Think of incidents where harm involves a boat or vessel in an ocean, river, or lake used for commerce between states. Litigation related to the harm will be subject to the maritime and admiralty laws of the United States but may still involve components of state law. As a result, the legal process, rules, and procedures differ compared to typical personal injury claims. The result? Cases involving maritime and admiralty law are complex and present serious challenges for the inexperienced litigator. For these reasons, it is crucial to work with an experienced maritime attorney who is familiar with the many unique aspects of maritime cases and the strategies that can help you win your case.

If you have been involved in a boating accident, your first step should be to seek medical treatment. Even if you don’t feel injured or only suffered minor injuries, it is important to see a doctor to make sure you don’t have internal damage, head or neck injuries, or other hidden issues. If it is safe to do so, contact the nearest authorities before leaving the scene to report the accident—whether that’s the United States Coast Guard, state fish and game wardens, or local police. They can ensure that everyone involved in the accident is safe and will also make a formal report and begin investigating the incident. This documentation can be important if a dispute arises from the accident.

If you are safe and able, take as many photos as possible. If the accident involved another vessel, photograph the damage on both vessels. Exchange insurance and contact information with other vessel owners. Avoid making any statements that could be interpreted as admitting fault, including apologizing or trying to explain what happened. Other than speaking to the authorities, the only person you should discuss the accident with is your attorney.

The final step after an accident on the water is to consult with a law firm that specializes in maritime law. Our lawyers can review your case, explain your options, and help you build the strongest case possible.

When determining who is liable for an injury that occurred on a river or other body of water, our lawyers will consider several factors. First, we will identify the parties who were involved and begin investigating what caused the accident. Common causes of river injury claims include malfunctioning equipment, unsafe vessels, intoxicated boaters, inexperience, and disregard for safety measures while on the water. If the river is navigable—meaning it is used for interstate commerce—your injury case may be subject to maritime law. These claims are governed primarily by federal laws instead of the state personal injury laws that many people are familiar with. Because of the complexity of maritime law claims, it is crucial to work with an experienced attorney to properly handle your case.

The Jones Act protects those who work on vessels operating in navigable waters, such as oceans, rivers, or lakes used for commerce between states. Unlike workers’ compensation, which covers most types of workers, the Jones Act provides the right to file a lawsuit against the injured seaman’s employer to recover compensation for damages such as pain and suffering, lost wages, loss of earning potential, and medical expenses that resulted from the employer’s negligence. These damages are not available to employees subject to workers’ compensation. Injured seamen may also be entitled to “maintenance and cure”—benefits that cover daily living expenses and medical treatment while they recover from their injuries, regardless of whether they file a Jones Act claim.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers employees who don’t qualify as seamen but still work in maritime commerce. For example, shipbuilders, loaders, unloaders, and dockworkers work in the maritime industry. Since these employees aren’t on vessels for a substantial amount of their work, they are not covered by the Jones Act.

If harbor workers or other similarly employed maritime employees are injured while performing job duties, they can file a claim for compensation under the LHWCA. These benefits include the cost of medical bills, missed wages, and possibly disability if the injuries lead to long-term or lifelong challenges. While not an exact comparison, the LHWCA more closely resembles workers’ compensation than the Jones Act.

LHWCA claims are complicated. Determining whether you qualify for the LHWCA rather than state workers’ compensation or the Jones Act is a complex but crucial first step. To ensure you qualify and meet all required deadlines, it is essential to consult our maritime attorneys who are knowledgeable and experienced in handling LHWCA claims.