An injury during vessel repairs, cargo handling, or other maritime activities can leave you unsure who should pay for medical care and lost income. Being called a contractor does not determine your rights. Your employment relationship, duties, work location, and vessel connection help establish your options for compensation.
How Your Employment Status Affects Coverage
In maritime work, “contractor” can describe two arrangements:
- An employee of a contracting company: A business employs you to perform work for a vessel owner or offshore operator.
- An independent contractor: You provide services through your own business or an individual contract.
Employees of contracting companies can qualify for maritime protections without working directly for the vessel owner. True independent contractors generally do not qualify for Jones Act employee remedies or LHWCA benefits, but could have negligence claims.
Courts examine your actual working relationship, including who directs your tasks and how your services fit into the business. If you were incorrectly classified as independent, you could qualify for employee protections if you meet the law’s other requirements.
Which Laws Could Cover Your Maritime Injury?
Admiralty and maritime law governs many injuries connected to vessels and navigable waters. Its reach extends beyond the high seas to qualifying accidents in ports and inland waterways. The following laws provide different routes to compensation for eligible workers.
The Jones Act
If you are a contracting company’s employee and qualify as a seaman, the Jones Act (46 U.S.C. § 30104) allows you to pursue a negligence claim against your employer. Your duties must contribute to a vessel’s function or mission. Your connection to a vessel in navigation, or a qualifying fleet under common ownership or control, must be substantial in duration and nature.
Recoverable damages can include medical expenses, lost earnings, and pain and suffering. Qualifying seamen generally also have a separate right to maintenance and cure, which covers reasonable living expenses and medical treatment until maximum medical improvement, regardless of employer negligence.
The Longshore and Harbor Workers’ Compensation Act
The LHWCA (33 U.S.C. §§ 901–950) covers eligible maritime employees who are not seamen. Employees of contractors performing ship repairs, cargo handling, or qualifying harbor construction could receive benefits.
Coverage generally depends on your duties and an injury on navigable waters or a covered adjoining area, such as a shipyard or loading terminal. Benefits include medical treatment and disability compensation without requiring proof of employer negligence. The LHWCA does not provide pain-and-suffering damages.
The Outer Continental Shelf Lands Act
The OCSLA (43 U.S.C. §§ 1331–1356c) extends LHWCA benefits to qualifying employees injured as a result of covered resource operations on the Outer Continental Shelf. The shelf generally refers to submerged lands beyond state coastal boundaries under federal jurisdiction.
An offshore service company’s employee who maintains equipment on a fixed oil platform could qualify. Your injury must have a significant causal connection to your employer’s covered shelf operations. Some related onshore injuries also qualify.
If you do not qualify for federal maritime benefits, an attorney can determine if state workers’ compensation applies.
What If You Are Truly an Independent Contractor?
True independent contractors could pursue negligence claims against parties whose actions caused their injuries. For example, another company might operate equipment negligently, or a vessel owner might fail to address a hazard within its legal duties. Admiralty law or state law could govern the claim. Federal courts hearing disputes under admiralty jurisdiction are often called admiralty courts, although some maritime claims can proceed in state court.
Employees receiving LHWCA benefits can also pursue qualifying third-party claims, although employer-negligence suits are generally barred. Third-party settlements can affect LHWCA benefits, and some settlements require advance written approval from the employer and its carrier. Obtain legal advice before signing a settlement agreement.
Steps to Protect Your Rights After an Injury
Take these steps while your claim options are reviewed:
- Report the injury. Notify the company you work for and the appropriate vessel or site supervisor. Keep a copy.
- Seek medical care. Explain how the injury happened and keep treatment records.
- Preserve evidence. Photograph hazards if safe. Save witness details, contracts, assignments, and pay records.
- Review documents before signing. Get advice before accepting a settlement or signing a release.
- Contact a maritime injury lawyer promptly. Confirm coverage and deadlines. Reporting an injury does not replace filing a claim.
Talk to a Maritime Accident Attorney
Schechter, Shaffer & Harris has decades of experience handling maritime cases for injured workers. We can examine your working relationship, determine which protections apply, and investigate the parties responsible for your injury.
Contact our team for a free consultation with a maritime accident attorney. If you were hurt on an offshore job, an offshore injury attorney can assess your coverage and potential claims. We will explain your options in plain language and help you identify your next steps.
Frequently Asked Questions
Does maritime law cover independent contractors?
True independent contractors could have maritime negligence claims, even without employee benefits. Workers incorrectly labeled independent contractors could qualify for employee protections if they meet the relevant requirements.
What is the Jones Act, and how does it differ from the LHWCA?
The Jones Act allows qualifying seamen to sue their employers for negligence. The LHWCA provides medical and disability benefits to eligible maritime employees who are not seamen without proof of employer fault.
Explore this further: LHWCA vs. Jones Act: Key Differences Explained
Can an offshore contractor sue a third party for injuries?
Yes, if the party breached a legal duty and caused the injury. The available claim depends on your status, the accident location, and the party’s legal responsibilities.
Explore this further: Third-Party Maritime Injury Claims Explained
How do I know if I qualify as a seaman under the Jones Act?
Your duties must support a vessel’s function or mission, and your vessel connection must be substantial in duration and nature. Courts generally use approximately 30% of work time aboard a vessel or qualifying fleet as a duration guideline, but that percentage alone does not establish eligibility.
Explore this further: What Is the Jones Act and Who Does It Cover?
How long do I have to file a maritime injury claim as a contractor?
Jones Act lawsuits generally have a three-year deadline after the claim accrues. LHWCA claims, including OCSLA coverage, generally require written injury notice within 30 days and a disability claim within one year after the worker becomes aware of the relationship between the injury and employment. Exceptions can affect these periods, and certain occupational-disease claims have a two-year filing period. Other claims have different deadlines, so confirm yours promptly.
