A maritime injury can change everything in an instant. Beyond the physical pain and the potentially long healing process, there can also be immense financial pressure. Medical bills often arrive before you have had a chance to process what happened.
Who is legally responsible for your medical costs, and what happens if you cannot work? In Hawaii, the law provides specific protections for people injured at sea. However, which protections apply to you will depend on your employment status at the time of the injury.
If you were working at sea
If you are a commercial fisherman, part of a tour boat crew or a vessel deckhand injured at work, your right to treatment is automatic from the moment of injury. Maritime law protects seamen through a no-fault doctrine called maintenance and cure.
This means that your employer pays for all reasonable and necessary medical treatment related to your injury. They also cover any food and lodging costs comparable to what you received aboard the vessel.
These benefits usually apply regardless of who caused the accident, and they will continue up until you reach maximum medical improvement (MMI). This is the point where further medical treatment will no longer improve your condition.
If you were a passenger
For passengers, seeking financial recovery requires proving that the operator or owner failed to meet their duty of reasonable care. You will have to show that a specific act of negligence, such as speeding, intoxication or poor equipment maintenance, directly caused your injury.
Once you establish negligence, the vessel owner or operator can bear partial or full responsibility for your damages. This often means covering your medical bills, either through a direct settlement or their liability insurance.
If you were a harbor or dock worker
Land-based maritime workers, such as longshoremen, harbor workers and shipbuilders, may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). If your injury occurred while loading, unloading or repairing vessels at a Hawaii port or shipyard, this federal law requires your employer to cover your medical care. Depending on the extent of your injury and how long it keeps you from working, they may also cover a portion of the wages you lost while recovering.
The right information can make all the difference
Your role, the vessel’s location and what you were doing at the time all determine which protections apply. To see which protections apply to your specific situation, seek professional legal advice. An experienced attorney can identify which legal framework covers your case and help you take the right steps toward recovery.