A Virginia maritime injury claim is a claim for an injury that happened on, or in connection with, navigable water, where federal maritime law can replace or sit alongside Virginia’s ordinary injury law. It covers crew members hurt aboard vessels, dock and terminal workers, and passengers and recreational boaters on waters such as the Potomac River and the Chesapeake Bay.
Blank Kim Injury Law represents injured workers and their families from our Fairfax office on Chain Bridge Road. We identify which body of law governs the claim, protect the deadlines that follow from it, and pursue compensation from the employer, the vessel owner or the insurer. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Why maritime injuries follow different rules
On land, a Virginia injury claim usually runs through Virginia statutes and Virginia courts. On navigable water, federal maritime law (also called admiralty law) can apply instead. Congress has written separate statutes for people who work at sea and for people who work along the waterfront, and federal courts have developed their own rules for vessel accidents over a very long time.
That matters in practical ways. The deadline to file, the court you file in, what you have to prove and what compensation is available can all change once maritime law applies. Federal maritime law also has its own approach to shared fault, which can differ from Virginia’s contributory negligence rule. Whether the maritime approach or the Virginia rule governs a particular claim is a question we check at the start, because the answer can decide whether the claim survives at all.
The main categories of maritime injury claims
The first question in any maritime case is which group the injured person belongs to. The edges overlap, and the facts of your job decide it.
| Who was hurt | Main federal framework | Where to read more |
|---|---|---|
| Crew members who work aboard a vessel in navigation | The Jones Act, 46 U.S.C. § 30104, plus traditional maritime remedies | Jones Act claims |
| Dock, pier, terminal and shipyard workers | The Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. | Longshore claims |
| Tug, towboat and barge crews and people hurt by tow traffic | Jones Act or longshore rules, depending on the job, plus claims against vessel owners | Barge and tugboat accidents |
| Recreational boaters, passengers and swimmers | General maritime law on navigable waters, plus Virginia law | Boating accident claims |
Workers whose jobs have nothing to do with vessels or the waterfront are usually covered by the Virginia workers’ compensation system instead. Our page on Virginia workers’ compensation explains that system, and federal civilian employees are covered by FECA, described on our federal employee injury page.
Maritime accidents and injuries we handle
Work on and around vessels combines heavy loads, moving machinery, wet surfaces and cold water. The accidents we see most often include:
- Slips and falls on wet or oily decks, ladders, gangways and docks
- Injuries from mooring lines and cables that snap or recoil under tension
- Crane, winch and cargo-handling accidents
- Crush injuries and amputations from machinery and moving loads
- Engine room fires, explosions and burn injuries
- Falls overboard and near drownings, including drowning accidents that take a life
- Back, shoulder and knee injuries from repetitive heavy lifting
- Head injuries from falls and falling objects
Collisions between vessels, groundings and allisions (a vessel striking a fixed object such as a pier or bridge) can injure crew and passengers at once, and the investigation usually has to reach the vessel’s logs, maintenance records and crew qualifications quickly.
Maritime claims from Northern Virginia and beyond
Northern Virginia is not a port city, but plenty of people who live here work on the water. Some crew tugs and barges that move along the Potomac and the Chesapeake Bay. Others work at marinas and waterfront businesses in Alexandria and along the Occoquan River, or travel to jobs at shipyards and terminals elsewhere in Virginia and along the coast.
Jurisdiction on the Potomac can be complicated, because where exactly an incident happened on the river can affect which state’s law and which court applies. We look at the location, the vessel and the employer before deciding where a claim should be filed, whether that is a Virginia circuit court such as the Fairfax County Circuit Court, a federal court, or another forum the facts require.
Deadlines in maritime injury claims
Maritime deadlines depend on the category of claim, and some are much shorter than they first appear:
- Personal injury and death claims under federal maritime law generally must be filed within three years, under 46 U.S.C. § 30106.
- Longshore workers generally must give written notice of an injury within 30 days, under 33 U.S.C. § 912, and file a claim within one year, under 33 U.S.C. § 913.
- A claim that is governed by Virginia law instead generally must be filed within two years of the injury, under Va. Code § 8.01-243(A).
- Passenger tickets, charter agreements and other contracts sometimes contain their own notice and filing periods.
- Vessel owners sometimes start federal court proceedings to limit their liability, which can set a separate, short deadline for injured people to respond.
Do not rely on the longest deadline on this list. Ask us to review your dates as early as possible.
Protecting a maritime claim after an injury
- Get medical care and tell the treating provider exactly how the injury happened.
- Report the injury to your captain, supervisor or employer in writing, and keep a copy.
- Write down the vessel name, the owner or operator, the location on the water and the names of crew or coworkers who saw what happened.
- Photograph the equipment, deck or dock area involved, if you can do so safely.
- Be careful with recorded statements and forms from the employer or its insurer. Read anything before you sign it.
- Keep pay stubs, schedules and records of the days you missed.
What a maritime injury claim can include
The categories available depend on which framework applies. Depending on the claim, compensation can include:
- Medical treatment, now and in the future
- Lost wages and reduced ability to earn a living
- Pain, suffering and loss of enjoyment of life, in claims that allow them
- Compensation benefits paid under a statutory scheme, for workers covered by one
Some maritime claims also carry traditional rights to living expenses and medical care while a seaman recovers, which we describe on our Jones Act page. No page can tell you what a claim is worth; the injury, the lost earnings, the evidence of fault and the available insurance all affect value. When a maritime accident is fatal, the family’s options are covered on our wrongful death page.
How our maritime injury lawyers handle a claim
- Free case review. Tell us about the job, the vessel or dock, and the injury, by phone or through the form on this page.
- Classification. We work out whether the claim falls under the Jones Act, the longshore scheme, general maritime law or Virginia law, because everything else follows from that.
- Deadlines and notice. We confirm the reporting and filing deadlines and send the notices and preservation letters that protect the claim.
- Investigation. We gather logs, records, witness accounts and, where it helps, expert testimony on vessel operations and safety.
- Resolution. We negotiate with the employer and insurers, and file suit in the right court when a fair resolution is not offered.
You can talk with our team in English, Korean or Spanish, and our Fairfax office answers around the clock.
