Seamen’s Claims

Handled by Top-Rated Virginia Trial Attorneys

Hampton Roads, with its coastal location and many ports, has heavy traffic on the local waterways, with numerous cargo ships, cruise ships, private charters, and sightseeing cruises. This results in many waterway accidents, which give rise to a seamen’s claim.

Waterway accidents routinely occur while out at sea or at the shipyard. Accidents that occur at a shipyard are governed by Virginia law, while accidents on vessels out at sea are covered by maritime law — a specialized area of law that is extremely complex and intricate, with its own history, terminology, and protections developed specifically for people who make their living on the water. The experienced lawyers at The Stellute Law Firm have over 60 years of combined experience handling accident claims and are prepared to help you fight for compensation in court. The Stellute Law Firm does not charge clients unless we help you obtain compensation, and our team of skilled trial attorneys are available 24/7 by phone.

If you would like to speak with one of our personal injury lawyers about your seamen’s claim, call 757-722-2815 today to schedule a free appointment.

Hampton Roads’ Maritime Economy

Hampton Roads is home to one of the largest natural harbors in the world and one of the busiest ports on the East Coast, along with a major naval presence and a significant commercial shipbuilding and repair industry. That combination means a large share of the local workforce spends their working hours on or around the water — aboard cargo vessels, tugboats, and fishing boats, or at shipyards, terminals, and naval facilities. With that much maritime activity comes real risk, and the legal protections available to an injured worker depend heavily on exactly what kind of work they were doing and where the injury happened.

Types of Maritime Workers We Represent

  • Commercial fishermen and crew aboard fishing vessels
  • Tugboat and barge crew
  • Shipyard and terminal workers
  • Longshoremen and dock workers
  • Crew aboard cargo and cruise vessels
  • Offshore and platform workers

Shipyard Accidents

Due to its proximity to the water, Hampton Roads houses multiple shipyards and harbors. Shipyard accidents include:

  • Slip and Falls
  • Equipment Malfunctions
  • Accidental Drownings
  • Hazardous Waste Accidents
  • Construction Accidents

When you are on the job and are injured, your employer is responsible for compensating you for your injuries. Employers have a legal duty of care toward their employees to provide safe working conditions with proper safety equipment, free from dangerous defects. When employers are negligent in the upkeep of the shipyard or supervision of employees, the employer can be liable under personal injury law.

You can seek compensation for your injuries from your employer. Employers are required to have workers’ compensation available for shipyard accidents; however, this form of insurance payout doesn’t always cover all of your expenses, and you can also seek compensation through a civil claim. Under Virginia law, you’re permitted to recover damages for: (1) medical expenses, (2) lost wages, and (3) emotional distress.

Boat Accidents

When an accident occurs while you’re on a vessel, it’s governed by U.S. maritime law under a statute known as the Jones Act (also referred to as the Merchant Marine Act) — a federal law that requires employers to provide medical care, shelter, and food to seamen who have been injured on the ship or have fallen ill.

Maritime law provides for further compensation than Virginia law alone. In addition to past and future medical expenses, past and future lost wages, and pain and suffering, employers must also compensate seamen for contract benefits, food and accommodations, and transportation.

To qualify under the Jones Act as a “seaman,” the victim must either assist with navigating the ship or otherwise work in a function that aids the ship’s mission, and must spend a substantial amount of time actually aboard the vessel. Common seamen’s claims include:

  • Slip and Falls
  • Man Overboard
  • Fires and Explosions Caused by Malfunctioning Equipment
  • Gas Leaks
  • Capsized Boats
  • Food Poisoning

The Longshore and Harbor Workers’ Compensation Act

Dock workers, longshoremen, and other maritime employees who don’t qualify as “seamen” under the Jones Act — because their work doesn’t involve enough time aboard a vessel in navigation — may instead be covered under the federal Longshore and Harbor Workers’ Compensation Act (LHWCA). This law provides its own compensation system for injuries occurring on navigable waters or on adjoining piers, docks, and terminals, and generally offers broader benefits than standard state workers’ compensation, though it works differently from a Jones Act negligence claim. Determining which framework applies to your specific job and injury is one of the first things an experienced maritime attorney will sort out.

Maintenance and Cure

Separate from any negligence claim, an injured seaman is generally entitled to “maintenance and cure” regardless of fault — daily living expenses (maintenance) and medical treatment (cure) until the seaman reaches maximum medical recovery. This obligation exists independent of whether the employer did anything wrong, which makes it one of the oldest and most protective doctrines in maritime law. Employers sometimes underpay or wrongfully deny these benefits, or cut them off prematurely before a seaman has actually reached maximum medical improvement, which can itself support an additional claim against the employer.

Why Maritime Law Requires Specialized Experience

Maritime and admiralty law is a distinct body of federal law with its own rules, deadlines, and legal doctrines that don’t exist anywhere else in personal injury practice. A general personal injury attorney unfamiliar with the Jones Act, the LHWCA, maintenance and cure, and unseaworthiness doctrine can easily misjudge which framework applies to a given injury, potentially costing a client significant compensation. Choosing an attorney who genuinely understands this area of law, not just personal injury law generally, matters enormously in a maritime case.

Common Injuries in Maritime Accidents

The physically demanding and often hazardous nature of maritime work leads to a wide range of injuries:

Commercial Fishing Accidents

Commercial fishing remains one of the most physically demanding and hazardous occupations, and Hampton Roads’ fishing fleet is no exception. Injuries from hauling nets and traps, slippery decks, malfunctioning winches and gear, and the physical strain of the work itself are common. Fishing vessel crew members generally qualify as Jones Act seamen, entitling them to the same negligence and unseaworthiness protections available to other maritime workers, along with maintenance and cure benefits while recovering.

Working With the Military and Naval Community

Hampton Roads’ large naval presence means many maritime injury cases involve civilian contractors, shipyard workers repairing naval vessels, or family members of service members, each with their own overlapping set of rules about what claims are available and against whom. Civilian workers at naval shipyards, for instance, may be covered under the LHWCA even though the work involves military vessels. Sorting out exactly which framework governs a specific job is an important early step in these cases.

Reporting a Maritime Injury

Most maritime employers require an injury to be reported promptly, often within days, and failing to do so can complicate a later claim even when the injury is legitimate. If you’re able, report the incident to a supervisor in writing, seek medical treatment, and document what happened as thoroughly as you can — conditions on a vessel or at a shipyard can be repaired or altered quickly, so photographs and witness names are especially valuable before evidence disappears.

Third-Party Claims

Not every maritime injury claim is limited to a suit against your employer. If a piece of defective equipment, a negligent contractor, or another vessel’s crew contributed to your injury, you may have a separate claim against that third party, in addition to your Jones Act, LHWCA, or maintenance and cure claim against your employer. These third-party claims aren’t subject to the same limitations as an employer claim and can sometimes provide significantly more compensation, which is why a thorough investigation into everyone involved in an accident matters.

What Compensation May Cover

Depending on which legal framework applies to your case, compensation may include:

  • Past and future medical expenses
  • Past and future lost wages and benefits
  • Pain and suffering
  • Maintenance and cure payments improperly denied or underpaid
  • In fatal accidents, damages under the Jones Act’s wrongful death provisions or Virginia’s wrongful death statute

Unseaworthiness Claims

Beyond a straightforward negligence claim under the Jones Act, an injured seaman may also have a claim based on “unseaworthiness” — a vessel owner’s duty to provide a ship, equipment, and crew reasonably fit for their intended purpose. Unlike a negligence claim, an unseaworthiness claim doesn’t require proving the employer was careless, only that some condition of the vessel itself (defective equipment, an inadequately trained crew, unsafe walking surfaces) was not reasonably fit for service and caused the injury. This gives injured seamen an additional avenue toward compensation beyond ordinary negligence.

Virginia Seamen Lawyers with Experience with the Jones Act

The Stellute Law Firm has over 60 years of combined experience representing the victims of serious personal injury accidents, many of which have resulted from shipyard and boating accidents. If you were involved in an accident in a shipyard or on a vessel of any kind, including a cruise ship, you have the right to compensation for your injuries.

Contact the seamen lawyers at The Stellute Law Firm today at 757-722-2815 to schedule a free initial consultation to discuss your seamen’s claim.

Frequently Asked Questions

What is the Jones Act?

A federal law allowing an injured seaman to sue their employer for negligence, unlike standard workers’ compensation, which generally doesn’t allow employer lawsuits.

What is maintenance and cure?

Benefits an injured seaman is generally entitled to regardless of fault — medical care, shelter, and food until reaching maximum medical recovery, as required under the Jones Act.

Am I a “seaman” under the Jones Act?

Generally, a worker who spends a substantial part of their work time aboard a vessel in navigation and contributes to its function. An attorney can evaluate whether your specific role qualifies.

What if I was injured at the shipyard rather than on a vessel?

Shipyard accidents are generally governed by Virginia law rather than maritime law, and you may be entitled to workers’ compensation as well as a separate civil claim.

How long do I have to file a seamen’s claim?

Jones Act claims generally carry a three-year federal deadline, while shipyard claims under Virginia law follow the standard two-year deadline under Virginia Code § 8.01-243(A). An attorney can confirm which applies to your situation.

If you’ve been injured working on the water in Hampton Roads, call The Stellute Law Firm today at 757-722-2815, or contact us online.

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