Maritime Injury Calculator
Calculate potential compensation for seamen, longshoremen, and maritime worker injuries under Jones Act, LHWCA, and general maritime law.
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About This Calculator
Maritime workers face unique hazards and have special legal protections not available to land-based employees. Whether you're a seaman covered by the Jones Act, a longshoreman protected by the LHWCA, or another maritime worker, understanding your rights is crucial to obtaining fair compensation for workplace injuries.
Key Maritime Laws:
- Jones Act: For seamen on vessels - allows negligence lawsuits against employers
- LHWCA (Longshore and Harbor Workers' Compensation Act): For longshoremen and harbor workers - provides scheduled benefits without proving fault
- General Maritime Law: Provides additional remedies including unseaworthiness claims
- Death on the High Seas Act (DOHSA): For wrongful death occurring more than 3 miles offshore
Why Maritime Law Differs:
- No traditional workers' compensation limitations
- Seamen can sue employers directly for negligence
- "Maintenance and cure" provides immediate support
- Full damages including pain and suffering recoverable
- Complex jurisdictional rules requiring specialized knowledge
Common Maritime Occupations:
- Tugboat operators and deckhands
- Commercial fishing crews
- Ferry workers
- Cruise ship employees
- Barge workers
- Ship pilots and captains
This calculator helps maritime workers estimate potential compensation. For offshore platform workers, see our Offshore Accident Calculator. For general workplace injuries, visit our Workers' Comp Calculator.
How to Use the Maritime Injury Calculator
- 1Select your worker classification (seaman, longshoreman, etc.).
- 2Enter your average weekly wage including all compensation.
- 3Input the total weeks you expect to be disabled from work.
- 4Enter your permanent impairment percentage if known.
- 5Add all medical expenses incurred and estimated future costs.
- 6Enter years remaining until retirement for lost wage calculations.
- 7Select your injury severity level.
- 8For Jones Act seamen, enter estimated employer negligence percentage.
- 9Input the daily maintenance rate if you're entitled to maintenance and cure.
- 10Review the breakdown of benefits and potential settlement amounts.
Jones Act Seaman Status
Determining if you qualify as a "seaman" under the Jones Act is the first critical question.
The Three-Part Test
To be a Jones Act seaman:
- Connection to a vessel - Must work on a vessel in navigation
- Contribution - Must contribute to the vessel's function or mission
- Substantial connection - Must have a significant relationship to the vessel (not temporary)
What Qualifies as a Vessel?
| Qualifies | Does Not Qualify |
|---|---|
| Tugboats | Fixed oil platforms |
| Barges (in navigation) | Floating work platforms permanently moored |
| Fishing boats | Drydocks |
| Cargo ships | Land-based cranes |
| Cruise ships | Floating casinos (sometimes) |
| Supply vessels | Jet skis (recreational) |
| Ferries |
The 30% Rule
Courts often apply a 30% threshold:
- Spending 30%+ of work time aboard a vessel suggests seaman status
- Less than 30% may still qualify if work is primarily maritime
- Quality of connection matters, not just quantity
Borderline Cases
Usually Qualify:
- Offshore supply vessel workers
- Maritime construction workers on vessels
- Divers working from vessels
Usually Do NOT Qualify:
- Land-based crane operators
- Dock workers (LHWCA instead)
- Shoreside maintenance workers
- Platform workers on fixed platforms
Longshore and Harbor Workers' Compensation Act
The LHWCA provides no-fault benefits to maritime workers who don't qualify as seamen.
Who is Covered?
Covered Workers:
- Longshoremen (loading/unloading ships)
- Harbor workers
- Ship repairers
- Shipbuilders
- Ship-breakers
- Container terminal workers
Not Covered:
- Seamen (Jones Act instead)
- Fishing vessel workers
- Government employees
- Small vessel employees (under 18 tons)
- Clerical and office workers
LHWCA Benefits
| Benefit Type | Amount |
|---|---|
| Temporary Total Disability (TTD) | 2/3 of average weekly wage |
| Temporary Partial Disability | 2/3 of wage difference |
| Permanent Total Disability | 2/3 of AWW for life |
| Permanent Partial Disability | Scheduled benefits by body part |
| Death Benefits | 50% of AWW to surviving spouse |
2024 LHWCA Maximums
- Maximum weekly comp rate: $1,741.00
- Minimum weekly comp rate: $348.20
- National average weekly wage: $870.50
Scheduled Awards
| Body Part | Weeks of Compensation |
|---|---|
| Arm | 312 weeks |
| Leg | 288 weeks |
| Hand | 244 weeks |
| Foot | 205 weeks |
| Eye | 160 weeks |
| Hearing (both ears) | 200 weeks |
| Thumb | 75 weeks |
General Maritime Law Remedies
General maritime law provides additional protections beyond specific statutes.
Unseaworthiness Doctrine
What It Means:
- The vessel and its equipment must be reasonably fit for intended use
- The crew must be adequate and competent
- Strict liability - no need to prove negligence
Examples of Unseaworthiness:
- Defective equipment (winches, cranes, hatches)
- Slippery decks without proper treatment
- Inadequate crew size
- Incompetent crew members
- Defective safety equipment
Who Can Claim Unseaworthiness?
| Worker Type | Can Claim? |
|---|---|
| Jones Act Seamen | Yes |
| Longshoremen working on vessel | Yes |
| Passengers | Yes |
| Land-based workers | No |
| Fixed platform workers | No |
Damages Available
Under general maritime law, you can recover:
- Lost wages (past and future)
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium (for spouse)
- Punitive damages (in extreme cases)
Comparative Negligence
Unlike workers' comp:
- Your damages are reduced by your percentage of fault
- Even 99% fault doesn't bar recovery
- Jury determines fault percentages
Maintenance and Cure Explained
Maintenance and cure is a unique maritime benefit with ancient origins.
What is Maintenance?
Daily Living Allowance:
- Covers basic necessities during recovery
- Rent/mortgage
- Utilities
- Food
- Transportation for medical care
Typical Rates:
- Varies by location: $30-65/day
- Some courts award actual expenses
- Can be negotiated with employer
What is Cure?
Medical Treatment:
- All reasonable and necessary medical care
- No deductibles or copays
- Continues until Maximum Medical Improvement (MMI)
- Includes:
- Doctor visits
- Surgery
- Physical therapy
- Medications
- Medical equipment
- Transportation to appointments
Special Rules
| Rule | Explanation |
|---|---|
| No-Fault Benefit | Owed even if injury was your own fault |
| Cannot be Waived | Contract provisions eliminating M&C are void |
| No Pre-Authorization | Employer cannot require prior approval |
| Second Opinions | Worker can choose their own doctors |
| Punitive Damages | Available for willful denial |
When Maintenance and Cure Ends
- Maximum Medical Improvement reached
- Return to work
- Unreasonable refusal of treatment
- Death
Wrongful Denial Penalties
If employer wrongfully denies maintenance and cure:
- Full amount owed with interest
- Compensatory damages
- Punitive damages (in willful cases)
- Attorney's fees (some circuits)
Third-Party Maritime Claims
Maritime injuries often involve multiple responsible parties beyond your employer.
Common Third Parties
| Third Party | Basis for Claim |
|---|---|
| Vessel owners | Unseaworthiness |
| Equipment manufacturers | Product liability |
| Other vessels | Negligence in collision |
| Stevedoring companies | Negligent loading |
| Ship repair companies | Negligent repairs |
| Marine surveyors | Professional negligence |
Benefits of Third-Party Claims
Additional Recovery:
- Full damages not limited by workers' comp
- Pain and suffering recoverable
- No comparative negligence limits in some states
- Multiple insurance policies available
No Impact on LHWCA:
- Can receive LHWCA benefits AND sue third parties
- Employer may have lien on third-party recovery
- Coordination of benefits required
Product Liability in Maritime Cases
Defective Equipment Examples:
- Crane failures
- Hatch malfunctions
- Personal protective equipment failure
- Defective vessel components
- Faulty navigation equipment
Theories of Liability:
- Design defect
- Manufacturing defect
- Failure to warn
Multi-Defendant Litigation
In complex cases involving multiple defendants:
- Each party's fault percentage determined
- Joint and several liability may apply
- Settlement with one doesn't release others
- Contribution claims between defendants
Death on the High Seas Act
DOHSA governs wrongful death claims occurring on the high seas (beyond 3 miles).
When DOHSA Applies
Geographic Scope:
- Death must occur beyond 3 nautical miles from U.S. shore
- Includes international waters
- Applies regardless of vessel flag
Who Can Sue?
Beneficiaries:
- Spouse
- Children
- Parents (if no spouse or children)
- Dependent relatives
Damages Recoverable
| Damage Type | Recoverable? |
|---|---|
| Lost financial support | Yes |
| Lost services | Yes |
| Funeral expenses | Yes |
| Loss of consortium | Yes (since 2000 amendment) |
| Pain and suffering of deceased | No |
| Punitive damages | Generally no |
2000 Amendment (Commercial Aviation)
For commercial aviation accidents over high seas:
- Non-pecuniary damages allowed
- Pain and suffering of deceased recoverable
- Does NOT apply to vessel cases
Statute of Limitations
- 3 years from date of death
- Same as Jones Act
Interaction with Other Laws
- State wrongful death statutes may apply in territorial waters
- Jones Act death claims have different damage rules
- General maritime law fills gaps in coverage
Pro Tips
- 💡Report injuries immediately in writing to create a clear record.
- 💡Determine your correct worker classification - seaman vs. longshoreman makes a huge difference.
- 💡Request maintenance and cure in writing from day one.
- 💡Keep detailed records of all medical treatment and expenses.
- 💡Do not give recorded statements without legal advice.
- 💡Document the cause of the accident thoroughly including equipment involved.
- 💡Take photographs of the accident scene and your injuries when possible.
- 💡Get contact information for all witnesses.
- 💡Consult a maritime attorney before accepting any settlement.
- 💡Continue medical treatment consistently - gaps can hurt your case.
- 💡Keep a daily pain and limitation journal.
- 💡Preserve all communications with your employer about the injury.
Frequently Asked Questions
A seaman works aboard a vessel and contributes to its function - they're covered by the Jones Act and can sue for negligence. A longshoreman typically works loading/unloading vessels but doesn't work aboard them - they're covered by the LHWCA which provides scheduled benefits without proving fault. The distinction determines which law applies.
