Hurt Working on a Boat or Ship? Your Contract May Matter Most

If you were hurt working on the water, you may have rights, and your contract may decide how you can use them. A hurt crew member may be owed medical care and living expenses, whoever was at fault. Read what you signed. Then call before you sign anything new.

You got hurt working on the water, and the checks stopped or the company's story changed. Your contract may matter more than you think.

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

Start with three things today:

1. Get treatment and report the injury.
2. Keep your paperwork. Save your contract, receipts, and records.
3. Read before you sign. That includes statements, releases, and settlement papers.

They stopped paying. Can they do that?

Maybe not. If you get hurt or sick in service of the ship, you are generally entitled to living expenses, medical care, and unearned wages. That is called maintenance and cure. It does not depend on who was at fault.

Some key points:

• Living expenses and care run until maximum medical recovery.
• If tips were most of your pay, your average tips count toward your wages.
• Doubts are generally resolved in your favor.
• It is not for life.
• There is no fixed daily rate.
• Willful misconduct is a defense, but a narrow one.

If the company refuses willfully, punitive damages and attorney's fees can come into play. That takes willful conduct, not just a wrong call.

If the payments stopped, call us. Bring your records.

I'm a deckhand on a private yacht. Am I covered?

Possibly. Your job title does not decide it.

To count as a seaman, your work must do the ship's work. Your tie to a vessel in navigation, or to commonly owned or controlled vessels, must be substantial in duration and nature. Your duties must take you to sea.

As a rough guide, courts look for about 30 percent of your time. It is a guide, not a rule.

Some things to know:

• Boats of unrelated owners usually do not add up.
• Dock and refit workers can fall outside.
• Yacht and commercial fishing crew can qualify, depending on the facts.

Not sure you count as a seaman? Call and ask.

They're paying me comp. Did I give something up?

Maybe not. Taking benefits does not by itself end a seaman's claim.

You may fall under the seaman rules or under the Longshore system. Not both. Deadlines differ sharply.

A formal award or settlement is a different question. Ask first.

Who do I go after, and for what?

There are three main claims.

• Jones Act negligence against your employer. The causation standard is lower than in an ordinary injury case. You still must show negligence that played a part.
• Unseaworthiness. A ship, gear, and crew reasonably fit for the job. Not perfect.
• Maintenance and cure. See above.

In a negligence case, losses can include lost earnings, future earning loss, and pain and suffering tied to your injury. Your own fault reduces what you recover. It does not bar the claim.

You can generally ask for a jury unless a valid arbitration clause applies.

The paycheck company is not always the only one responsible. The owner is not always the employer. Bring us your pay records and your contract.

I signed something when hired. Can I still go to court?

Maybe not. Many cruise and yacht crew contracts require arbitration. Some send it abroad, under foreign law.

Federal courts here often enforce those clauses. American crew on foreign routes are not protected by their passport. Domestic-only crew working for an American employer may stand differently, so do not assume either way.

Some claims against others may stay in court. An award is hard to undo.

Have your contract reviewed now, before anything else is filed or signed.

If I file, will I lose my job?

Federal law protects seamen from retaliation. That covers reporting an injury, reporting safety violations or sexual harassment, and refusing truly dangerous work. Courts have also protected those who file an injury claim.

A federal retaliation complaint must be filed within 180 days. Tell a lawyer early.

I'm from another country. Do I have any rights here?

Possibly. Many of the leading crew cases involve foreign crew. Your contract and any union agreement control first.

Being hurt in the Port of Miami does not avoid arbitration. Arbitration may sit abroad, under the flag's law, without Jones Act remedies. Courts still enforce it.

If no clause applies, U.S. law may reach you when the operator's real base is here, even on a foreign ship. A Miami parent company alone is not enough. Florida state court can still send the case away.

Wage penalties for unpaid wages exist, but your contract may send them to arbitration too. Three years is not safe for you. Call before you fly home.

What can our family do if a seaman dies?

A personal representative brings the claim.

Federal law limits recovery. Grief and loss of companionship are generally not recoverable under the Jones Act. Financial support may be part of it. So may losses the seaman suffered while alive, such as pain and suffering. Income the seaman would have earned after death is not.

Call us. We will start with the contract.

How long do I have?

Jones Act and maritime injury suits generally run three years. A suit against the United States over a government vessel has two years. If your contract requires arbitration or foreign law, do not count on three years.

Shorter clocks exist:

• Longshore: notice within 30 days and a claim within one year, with exceptions.
• Retaliation complaint: 180 days.
• Fishing crew must notify the vessel of an injury within seven days.

Do not wait on any of these.

The company wants a statement. What now?

Report the injury. Get treatment. Keep your records, receipts, and contract. Get witness names. Read before you sign.

Before you give a statement, call us. It costs nothing to ask.

Frequently Asked Questions

What is the Jones Act?

It is a federal law for seamen hurt on the job. It lets a seaman bring a negligence claim against the employer. The causation standard is lower than in an ordinary injury case. You still must show negligence that played a part.

Who counts as a seaman?

Your job title does not decide it. Your work must do the ship's work. Your tie to a vessel in navigation must be substantial in duration and nature, and your duties must take you to sea. Yacht and commercial fishing crew can qualify, depending on the facts.

What is maintenance and cure?

It is living expenses, medical care, and unearned wages when a seaman is hurt or sick in service of the ship. It does not depend on fault. It runs until maximum medical recovery, and it is not for life.

Can I sue if I signed an arbitration clause?

Do not assume you can. Many crew contracts require arbitration, sometimes abroad, under foreign law. Federal courts here often enforce those clauses. Have your contract reviewed now.

How long do I have to file a Jones Act claim?

Jones Act and maritime injury suits generally run three years. A suit against the United States over a government vessel has two years. If your contract requires arbitration or foreign law, do not count on three years. Shorter clocks exist for Longshore, retaliation complaints, and fishing crew.

Can my employer fire me for reporting an injury?

Federal law protects seamen from retaliation for reporting an injury. A federal retaliation complaint must be filed within 180 days. Tell a lawyer early.

Do foreign crew members have rights in Florida?

Possibly. Your contract and any union agreement control first, and arbitration abroad is often enforced. If no clause applies, U.S. law may reach you in some cases. Call before you fly home.

Does it cost anything to talk to a lawyer?

The consultation is free. Call (305) 209-0384. We answer 24/7, and we speak English and Spanish.

Talk to us

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

Not sure you count as a seaman? Call and ask.

Related pages: Personal Injury, catastrophic injury, and serving the City of Miami. You can also contact us online.

This page is general information, not legal advice. Every case is different, and past outcomes do not guarantee a result. Reading this page does not create an attorney-client relationship.

Last updated: November 2026.