Alabama Maritime Injury Attorneys

Mobile Bay is one of the busiest commercial waterways on the Gulf Coast. Tugboats push barges up the Mobile River to the Port of Mobile. Crew boats shuttle offshore workers to oil and gas platforms in the Gulf of Mexico. Shipyard workers at facilities along the Mobile waterfront build and repair vessels that range from cargo ships to naval vessels. And commercial fishing operations run daily out of Bayou La Batre, Dauphin Island, and the coastal waters of Baldwin County.

This level of maritime activity comes with serious physical risk. When a deckhand is injured aboard a vessel, a shipyard welder suffers burns from an explosion, or a longshoreman is hurt loading cargo at the Alabama State Docks, the legal landscape is very different from a typical workplace injury. Federal maritime law—not Alabama state law—governs most of these claims, and the rules for who can sue, what they can recover, and which court hears the case depend on the injured worker’s specific job classification and where the injury occurred.

Jones Act Claims for Injured Seamen

The Jones Act, codified at 46 U.S.C. § 30104, is the primary federal statute protecting maritime workers classified as “seamen.” It allows an injured seaman to bring a negligence lawsuit directly against their employer—a right that does not exist under standard workers’ compensation systems. The Jones Act also grants the right to a jury trial, which can be exercised in either federal or state court.

The negligence standard under the Jones Act is far more favorable to injured workers than the standard applied in most personal injury cases. An employer can be held liable if its negligence contributed to the injury in even the slightest degree. There is no requirement that the employer’s negligence be the sole cause or even the primary cause. This lower threshold of proof reflects Congress’s recognition that maritime work is inherently dangerous and that the workers who perform it deserve strong legal protection.

Who Qualifies as a Seaman Under the Jones Act?

Not every maritime worker qualifies as a Jones Act seaman. The U.S. Supreme Court established the controlling test in Chandris, Inc. v. Latsis (1995), which requires two things:

• The worker must have an employment-related connection to a vessel in navigation, or an identifiable fleet of vessels.
• The worker’s duties must contribute to the function of the vessel or the accomplishment of its mission.

As a general rule, a worker who spends at least 30 percent of their working time in the service of a vessel on navigable waters is presumed to qualify as a seaman. Workers who spend less than 30 percent of their time in that capacity are presumed not to qualify. This threshold is not absolute—courts examine the totality of the circumstances—but it serves as a practical guideline.

Common examples of Jones Act seamen working in and around Mobile Bay and the Gulf of Mexico include tugboat crew members, deckhands on supply vessels, offshore platform workers who travel by crew boat, commercial fishermen, barge operators, and crew aboard dredging vessels. The classification question often arises with workers who split time between a vessel and shore-based duties, and getting the answer right is critical because it determines which body of law applies to the claim.

Maintenance and Cure: The Seaman’s No-Fault Remedy

Separate from a Jones Act negligence claim, every seaman who is injured or becomes ill while in the service of a vessel is entitled to “maintenance and cure” from the employer. This is not a fault-based remedy. The employer owes maintenance and cure regardless of who caused the injury.

Maintenance is a daily stipend intended to cover the seaman’s basic living expenses—food and lodging—while recovering from the injury. Cure is the obligation to pay for all reasonable and necessary medical treatment until the seaman reaches maximum medical improvement (MMI), meaning the point at which further treatment will not improve the condition.

Employers sometimes attempt to cut off maintenance and cure prematurely, dispute the amount of the daily maintenance rate, or refuse to authorize treatment that a physician has recommended. When an employer willfully and arbitrarily fails to pay maintenance and cure, the seaman may be entitled to compensatory damages, punitive damages, and attorney’s fees. The U.S. Supreme Court addressed this issue in Atlantic Sounding Co. v. Townsend (2009), confirming that punitive damages are available for the willful failure to pay maintenance and cure.

Unseaworthiness Claims Under General Maritime Law

In addition to a Jones Act negligence claim, an injured seaman may bring a claim for unseaworthiness under general maritime law. The duty of seaworthiness requires a vessel owner to provide a vessel that is reasonably fit for its intended purpose. This includes the vessel itself, its equipment, its gear, and even the adequacy and competence of its crew.

Unseaworthiness is not a negligence standard. It is closer to strict liability. If a defective winch, a rotted deck plank, a missing safety railing, or an incompetent crew member renders the vessel unfit, the owner is liable – regardless of whether the owner knew about the condition or took reasonable steps to prevent it. The seaman only needs to prove that the unseaworthy condition was a proximate cause of the injury.

Jones Act negligence and unseaworthiness are separate claims, and an injured seaman can pursue both simultaneously. They are typically tried together, but each has its own elements and its own strategic value in building a case.

The Longshore and Harbor Workers’ Compensation Act

Maritime workers who do not qualify as seamen under the Jones Act are often covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA is a federal workers’ compensation program that covers employees engaged in maritime employment who are injured on the navigable waters of the United States or in adjoining areas used for loading, unloading, building, or repairing vessels.

Covered workers include longshoremen, harbor workers, ship repairers, shipbuilders, and other maritime employees who work on or near navigable waters but do not meet the Jones Act definition of a seaman. In Mobile, this includes a large number of workers employed at the shipyards, the Alabama State Docks, container terminals, and marine construction operations along the waterfront.

The LHWCA provides medical benefits and disability compensation at two-thirds of the worker’s average weekly wage, subject to statutory maximums. It covers temporary total disability, temporary partial disability, permanent total disability, permanent partial disability, and death benefits. Unlike the Jones Act, the LHWCA is a no-fault system—the worker does not need to prove the employer was negligent.

Third-Party Claims for LHWCA Workers

While the LHWCA provides the exclusive remedy against the employer, it does not prevent injured workers from pursuing third-party claims against other responsible parties. A longshoreman injured by a defective crane manufactured by a third-party company, for example, may file a product liability lawsuit against the crane manufacturer while simultaneously collecting LHWCA benefits from the employer. A shipyard worker hurt aboard a vessel due to a dangerous condition may have a claim against the vessel owner under the general maritime law doctrine of vessel negligence.

These third-party claims allow LHWCA-covered workers to recover the full range of compensatory damages—including pain and suffering—that are not available under the LHWCA itself. However, the employer or its workers’ compensation carrier may assert a lien for reimbursement of benefits already paid from any third-party recovery.

Common Maritime Injuries in the Mobile and Baldwin County Area

The types of injuries our firm handles in maritime cases reflect the range of hazardous work performed on the Gulf Coast:

• Deck accidents: Slips, trips, and falls on wet, oily, or cluttered vessel decks, which are among the most frequent causes of maritime injuries.
• Crane and rigging injuries: Dropped loads, cable failures, and boom strikes during cargo operations at the Port of Mobile and aboard vessels.
• Burns and explosions: Flash fires, fuel ignitions, and chemical burns aboard vessels and at shipyard facilities.
• Crush and amputation injuries: Contact with unguarded machinery, winches, capstans, and mooring equipment.
• Falls overboard and drowning incidents: Particularly common during nighttime operations, rough weather, or when adequate fall protection is not provided.
• Toxic exposure: Inhalation of paint fumes, welding gases, asbestos, and chemical solvents in shipyard environments and enclosed vessel spaces.
• Back and spinal cord injuries: Heavy lifting, repetitive strain, and sudden impacts aboard vessels operating in rough seas.
• Offshore platform injuries: Falls, equipment failures, and transportation accidents involving crew boats and helicopters serving Gulf of Mexico operations.

Filing Deadlines for Maritime Injury Claims

Maritime injury claims are subject to specific filing deadlines that differ from Alabama’s state-law statutes of limitations:

• Jones Act claims: Three years from the date of injury. This deadline is set by 46 U.S.C. § 30106 and applies to both personal injury and death claims brought under the Jones Act.
• General maritime law claims (unseaworthiness): Three years from the date of injury under the general maritime statute of limitations established by 46 U.S.C. § 30106.
• Maintenance and cure: There is no fixed statutory deadline, but courts generally apply a doctrine of laches, which bars claims that are unreasonably delayed to the prejudice of the employer.
• LHWCA claims: A claim for benefits must be filed within one year after the injury or the last payment of voluntary compensation, whichever is later. If the employer fails to file a required injury report, the one-year deadline may be tolled.
• Wrongful death under general maritime law: Three years from the date of death under the Death on the High Seas Act (DOHSA) for deaths occurring beyond three nautical miles from shore, or within the three-year general maritime limitations period for deaths in territorial waters.

Damages Available in Maritime Injury Cases

The damages recoverable in a maritime injury case depend on which body of law applies, but they are generally more expansive than what Alabama’s state-law workers’ compensation system provides:

Jones Act and General Maritime Law Damages

• Past and future medical expenses
• Lost wages and future lost earning capacity
• Pain and suffering
• Mental and emotional distress
• Loss of enjoyment of life
• Maintenance and cure (owed regardless of fault)
• Punitive damages for willful failure to pay maintenance and cure

LHWCA Benefits

• Full coverage of reasonable and necessary medical treatment
• Disability compensation at two-thirds of the average weekly wage (subject to annual maximums)
• Vocational rehabilitation services
• Death benefits to surviving dependents
• Funeral expenses up to the statutory maximum

When a third-party claim exists alongside an LHWCA claim, the injured worker may recover the full spectrum of tort damages from the third party while continuing to receive LHWCA benefits, subject to the employer’s reimbursement lien.

Frequently Asked Questions

How do I know if I qualify as a Jones Act seaman?

The key factors are whether you have an employment-related connection to a vessel in navigation and whether your duties contribute to the vessel’s function or mission. Workers who spend at least 30 percent of their time in the service of a vessel generally qualify. This includes tugboat operators, offshore crew boat workers, deckhands, commercial fishermen, and similar positions. If you split time between vessel-based and shore-based work, the classification requires a closer factual analysis.

What is the difference between a Jones Act claim and an LHWCA claim?

The Jones Act is a fault-based negligence statute that allows seamen to sue their employer for damages, including pain and suffering. The LHWCA is a no-fault federal workers’ compensation system that covers maritime workers who are not Jones Act seamen, such as longshoremen, harbor workers, and shipyard employees. LHWCA benefits are limited to medical care and a portion of lost wages, while a Jones Act claim can yield full compensatory damages.

Can I file a Jones Act claim in Alabama state court?

Yes. Under the “savings to suitors” clause, 28 U.S.C. § 1333, Jones Act claims can be filed in state court or federal court. Many maritime injury cases involving Mobile-area employers are filed in the Mobile County Circuit Court or the United States District Court for the Southern District of Alabama, depending on the strategic considerations of the case.

What happens if my employer refuses to pay maintenance and cure?

If an employer willfully and arbitrarily refuses to pay maintenance and cure, you may be entitled to compensatory damages for the harm caused by the refusal, punitive damages, and attorney’s fees. The U.S. Supreme Court confirmed the availability of punitive damages in these situations in Atlantic Sounding Co. v. Townsend (2009). The duty to pay maintenance and cure attaches immediately when a seaman is injured in the service of a vessel, and it continues until the seaman reaches maximum medical improvement.

I was injured at a Mobile shipyard. Am I covered by the Jones Act or the LHWCA?

That depends on your specific job duties. If your work primarily involved the operation or navigation of a vessel and you spent a significant portion of your time aboard a vessel in navigation, you may qualify as a Jones Act seaman. If your work was shore-based or focused on ship repair, construction, or loading and unloading cargo, you are more likely to be covered by the LHWCA. The distinction is fact-intensive and can have a major impact on the damages available to you.

How long do I have to file a maritime injury claim?

Jones Act and general maritime law claims carry a three-year statute of limitations from the date of injury. LHWCA claims must generally be filed within one year of the injury or the last voluntary compensation payment. Because maritime cases often require extensive investigation into vessel conditions, employer records, and regulatory compliance, early consultation with an attorney is strongly recommended.

Work With Our Skilled and Knowledgeable Alabama Maritime Accidents Lawyers

Stone Crosby, P.C., provides the skilled, determined representation you need to navigate the complexities of federal maritime law in Mobile, Baldwin County, and the surrounding Gulf Coast region. Our civil trial attorneys understand the legal framework governing Jones Act claims, LHWCA benefits, unseaworthiness actions, and third-party maritime lawsuits. We have represented injured maritime workers in cases involving some of the largest maritime employers on the Gulf Coast, and we know how to investigate vessel conditions, preserve evidence, and hold employers and vessel owners accountable for the injuries they cause.

To discuss your maritime injury case with a knowledgeable advocate, please call our office today at (251) 626-6696 or contact us online to schedule an initial consultation.