Frequently Asked Questions

If you’ve been injured in a work-related maritime accident, there are several steps you should take to preserve your claim for compensation under maritime law.

• Report your injury
• Seek medical care
• Be wary of signing documents
• Talk to a maritime attorney

The death of a loved one in a work-related accident can have devastating consequences for surviving family members. While no amount of compensation will ever make up for the loss of a loved one, it is still important to hold the responsible person or company accountable for their negligence.

• Under maritime law, wrongful death claims can be pursued under the Death on the High Seas Act (DOHSA).
• The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides for damages due to wrongful death.
• It is vital to speak to a knowledgeable maritime law attorney if your family experiences a tragic accident. Montagna Law can help you explore your legal rights so you can pursue legal action.

Courts use a three-part test to determine seaman status. To qualify as a Jones Act seaman, maritime workers must meet these criteria:

• Vessel must be “in navigation,” meaning it must be on navigational waters (river, canal, lake, or sea), afloat, and in operation – or capable of moving under its own power. 
• Seaman must contribute to the work of the vessel, meaning the worker’s duties must relate to the operation of the vessel and its activities; they cannot be a mere passenger on the vessel. 
• Seaman must spend a “significant amount of time” aboard a vessel, which equates to 30% of total employment time aboard any vessel their employer operates.

• As an injured maritime worker, you have rights. You have the right to an attorney. You have the right to seek medical treatment and to have your medical expenses covered. Most importantly, you have the right to recover compensation for your injuries.
• To learn more about your legal rights, it’s important you speak to an experienced maritime attorney who can review your case, advise you on your available legal options, and help you determine your next steps. Don’t hesitate to get the help you need! Your first appointment with a maritime attorney will generally be free.

Our law firm is frequently asked this question. The truth is, it is impossible to answer because every case is different. Your personal circumstances will determine the amount of compensation you are able to recover, including employer negligence, unseaworthiness of vessel, severity of injuries, amount of lost wages, and recovery prognosis. The sooner you speak to a knowledgeable maritime attorney, the better because they can examine circumstances, gather evidence, and analyze your situation to determine the value of your claim. 

• Insurance companies will often quickly reach out to injured workers to push for a fast settlement; this may be tempting but be aware these offers are usually far lower than what a case is worth.
• Do not speak to the insurance company until after you consult with an attorney who can assess your case and serve as a go-between with the insurance company.
• A qualified maritime attorney will guide you through the legal options available to you and help you file an injury claim – you focus on healing while your lawyer handles the legal aspects of your claim.

If you’ve been injured while working at sea or you’ve been struck by an illness, you’re entitled to receive Maintenance and cure payments until you reach a point of maximum medical improvement (MMI). MMI is the point when your condition can no longer be improved by further medical care. Generally, when a doctor thinks that a patient is at MMI, the seaman will be discharged from care, and the maintenance and cure benefits will stop. The seaman may not have fully recovered from the injury, but their condition isn’t expected to improve any further.

No, filing an injury claim will not get you in trouble with your employer. As an injured worker, you have the right to:

• Seek legal advice from an attorney
• Obtain medical treatment
• Receive compensation for your injuries

To learn more about your legal rights, speak to an experienced maritime attorney who can review your case, advise you on available legal options, and help you determine your next steps. Don’t hesitate to get the help you need — you won’t get into trouble for talking to a lawyer because it’s your legal right. At Montagna Law, you can trust anything discussed with us will remain 100% confidential. 

• Speaking to an attorney at Montagna Law is free. We work on a no-win, no-fee basis. This means we will answer any questions you may have about your case and explain how we work, and cover the cost of any experts needed to assist in investigating your case.
• After meeting with our attorneys to discuss your case, you’re under no obligation to engage us as your legal representation.

• Maritime law is complex, combining modern legislation, centuries-old doctrines, common law, private contracts, international treaties, and more into a set of interdependent legal rules.
• Even in coastal cities, most personal injury lawyers are not proficient in admiralty law and will not accept maritime cases.
• Bringing a claim under the Jones Act or the LHWCA requires the skills of an experienced maritime attorney who will build a solid and successful legal strategy on your behalf to recover maximum compensation.
• While most maritime law issues fall under federal jurisdiction, some can be filed in state court or be subject to the Limitation of Liability Act. Regular personal injury attorneys are typically not familiar with this process.