# Legal Herald: Offshore Injury

> Hurt on a vessel, rig or dock? How Jones Act seaman claims, maintenance and cure, unseaworthiness, LHWCA benefits and DOHSA death claims differ.

Website: https://offshore-injury.legalherald.com/
Part of: [Legal Herald](https://legalherald.com/llms.txt)
Last Updated: 2026-11-06

## Guide
- [Offshore Injury Claims: Jones Act, LHWCA and Maritime Law](https://offshore-injury.legalherald.com/) (reviewed by Laurence Banville, Esq.)

## FAQ

### Who counts as a seaman under the Jones Act?
A seaman is a worker whose duties contribute to the function or mission of a vessel and who has a connection to a vessel in navigation, or a fleet of vessels, that is substantial in both duration and nature. The Supreme Court has said a worker who spends less than about 30 percent of working time in the service of a vessel generally should not qualify, though that figure is a guideline rather than a fixed rule.

### What is the difference between the Jones Act and the LHWCA?
The Jones Act lets seamen sue their employer for negligence and recover full damages. The LHWCA is a no-fault federal compensation program for longshore workers, shipyard workers and other maritime workers who are not seamen. A worker is generally covered by one or the other, not both.

### How long do I have to file a Jones Act claim?
Jones Act and general maritime personal injury claims generally must be filed within three years of the injury under federal law. LHWCA claims have much shorter notice and filing deadlines, starting with written notice to the employer within 30 days. A maritime lawyer should confirm which deadlines apply to you.

### What is maintenance and cure?
Maintenance and cure is an employer's duty under maritime law to pay an injured or ill seaman a daily living allowance (maintenance) and medical expenses (cure) until the seaman reaches maximum medical improvement. It applies regardless of fault.

### Can I sue if a family member died working offshore?
Often, yes. The Jones Act allows wrongful death claims for seamen, and the Death on the High Seas Act covers deaths caused by wrongful acts more than three nautical miles from the U.S. shore. Which law applies affects who can file and what damages are available.

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