What do injured maritime and contract workers get wrong about their own cases? Seven beliefs cause the most harm: that state workers’ compensation covers seamen, that working overseas leaves you with no protection, that a claim can be filed whenever you get around to it, that a signed waiver ends your rights, that the employer’s insurer will take care of everything, that only physical injuries count, and that the case is simple enough to run alone. Each one is false. Each one has cost somebody a claim.
I am Mark Hirsch, and I handle maritime injury cases along with Defense Base Act (DBA) claims for contractors hurt overseas. Half of a first call is often spent undoing something a coworker or a supervisor said with total confidence. By the end of this you will know which law actually covers seamen, the deadlines that apply to Jones Act and DBA claims, whether a waiver signed at hire can block a claim, and why mental health injuries are covered too.
Key takeaways
- Seamen are not on state workers’ compensation. Their claims run under the Jones Act and general maritime law.
- Work outside the United States on a U.S. government contract usually falls under the DBA, not outside the law.
- Jones Act cases are generally brought within three years. DBA notice goes to the employer within 30 days and the claim is due within one year.
- A waiver signed at hire does not wipe out federal injury rights under the Jones Act or the DBA.
- The employer’s carrier is not your representative. Its job is to hold down what the file costs.
- PTSD, repetitive strain injuries, and illness from chemical exposure are all covered when they come from the job.
1. Myth: “Maritime Workers Are Covered by Workers’ Compensation”
Many injured seafarers mistakenly assume they’re entitled to state workers’ compensation benefits. However, most maritime workers are covered by federal laws, specifically the Jones Act and General Maritime Law, not standard workers’ comp.
What you should know:
- Maritime workers must pursue compensation through specific maritime statutes.
- Workers’ compensation does not apply to seamen or offshore oil rig workers.
- Claims must often be filed under the Jones Act, which allows for negligence claims against your employer.
For more details, visit our Maritime Injury Lawyers page.
2. Myth: “If You Work Overseas, You Have No Legal Protections”
This is a dangerous and completely false assumption. U.S. citizens and residents working under government contracts overseas are often covered by the Defense Base Act (DBA).
Key protections include:
- Medical care for work-related injuries abroad.
- Lost wages and disability benefits.
- Compensation for injuries related to terrorist attacks or unsafe job sites.
If you’re a contractor or support staff working outside the U.S., you likely qualify for coverage. Learn more by visiting our Defense Base Act Lawyers page.
3. Myth: “You Can File Your Injury Claim Anytime”
Time is not on your side in these cases. Both maritime and DBA claims come with strict deadlines, and missing them could mean forfeiting your right to compensation entirely.
Examples of key deadlines:
- Jones Act claims must generally be filed within 3 years of the injury.
- DBA claims have a one-year statute of limitations (or less in some cases), and you must notify your employer within 30 days of the injury.
- Failing to report or document your injury quickly can severely weaken your case.
Don’t wait: contact us now to protect your claim.
4. Myth: “If You Signed a Waiver, You Can’t Sue”
Employers may try to convince injured workers that they waived their rights when they signed an employment contract. In most maritime and DBA cases, this is completely unenforceable.
Here’s why that’s wrong:
- U.S. federal law prohibits employers from using waivers to deny injury benefits.
- Any attempt to waive legal protections under the Jones Act or DBA is not legally valid.
- Even if you signed something, you likely still have a right to file a claim.
5. Myth: “The Employer or Insurer Will Take Care of It”
Relying on your employer, or their insurance company, to “handle everything” is a major mistake. Their goal is to minimize liability and costs, not protect your best interests.
What can go wrong:
- Delayed or denied medical treatments.
- Lowball settlement offers that don’t cover your long-term needs.
- Pressure to return to work before you’ve healed.
Having your own legal team ensures someone is fighting for your compensation, not theirs. Learn more about how Templer & Hirsch can advocate for you on our homepage.
6. Myth: “Only Physical Injuries Are Covered”
Many workers believe they must have visible or traumatic physical injuries to receive benefits. This is not true under either the Jones Act or DBA.
Covered conditions can also include:
- PTSD, anxiety, or depression resulting from combat zones or traumatic events.
- Repetitive stress injuries like joint damage or back strain.
- Occupational illnesses from chemical exposure or poor safety conditions.
Both physical and psychological injuries are eligible for compensation if tied to your job duties. Don’t underestimate the severity of non-visible injuries.
7. Myth: “I Don’t Need a Lawyer, I Can Handle This Alone”
Maritime and DBA cases involve complex laws, strict procedures, and aggressive defense from insurance carriers. Trying to go it alone can drastically reduce your chances of success.
Why legal representation matters:
- Lawyers can collect and preserve key evidence before it’s lost.
- Professionals understand how to challenge denied claims or bad faith insurance tactics.
- At Templer & Hirsch, we work on contingency: you don’t pay unless we win.
Even a small mistake in paperwork or missing a deadline can cost you. Schedule your consultation today and let our legal team guide you through the process.
Final Thoughts
Whether you’re a maritime worker injured at sea or a government contractor hurt overseas, you deserve to know the truth about your rights. Don’t let myths, misinformation, or employer pressure stand in the way of the compensation you need to heal and rebuild your life.
At Templer & Hirsch, we’ve spent decades fighting for injured workers and holding negligent employers accountable. We understand the ins and outs of Jones Act, General Maritime Law, and the Defense Base Act, and we’re ready to help you secure justice.
If you or a loved one has suffered a maritime or DBA-related injury, reach out today for a confidential case evaluation.
Templer & Hirsch
Aggressive Advocacy for Injured Workers Worldwide
Visit our website to learn more about your legal options.
This is general information, not legal advice; consult an attorney about your situation.
