Maritime workers injured on Delaware River vessels, in Port of Wilmington operations, on tugs and barges along the Atlantic coast, or on offshore vessels operate under a different legal framework than land-based workers. The Jones Act, the Longshore and Harbor Workers Compensation Act, and general maritime law create rights and remedies that differ significantly from state workers compensation. If you are a seaman, longshoreman, or other maritime worker injured in Delaware waters, you may be entitled to compensation under one or more of these federal frameworks.
Joseph M. Jachetti, licensed in Delaware since December 1998 (Delaware Bar #003744), has experience handling injury cases involving Delaware River shipping and maritime work. His 10-year prior career as an insurance claims adjuster informs how he documents seaman status, vessel unseaworthiness, and the maintenance and cure obligations of vessel owners.
How Maritime Cases Happen in Delaware
The Delaware River is one of the busiest shipping channels on the East Coast, supporting Port of Wilmington container operations, refinery and chemical operations along the Delaware River corridor, tug and barge traffic to Philadelphia and South Jersey, and recreational and commercial fishing operations into Delaware Bay. Common injury scenarios include falls from vessels and dock structures, line-handling injuries, crush injuries from cargo and equipment, slip-and-fall incidents on wet decks, and exposure to hazardous chemicals.
Common Injuries
- Traumatic brain injuries
- Spinal cord injuries
- Crush injuries
- Amputations
- Drowning and near-drowning
- Hypothermia
- Burns and chemical exposures
- Fractures from falls
- Repetitive stress injuries
Who May Be Liable
Defendants may include the vessel owner, the employer (which may or may not be the vessel owner), the operator of the dock or terminal, equipment manufacturers, and other vessels or contractors involved in the incident. Determining seaman status (the vessel-related employment threshold) often controls which legal framework applies.
How Federal Maritime Law Applies
The Jones Act (46 U.S.C. section 30104) provides seamen with the right to sue their employer for negligence. Unlike state workers compensation, Jones Act claims allow recovery for pain and suffering. The standard of proof for negligence under the Jones Act is more favorable to the seaman than ordinary negligence.
General maritime law provides additional remedies including unseaworthiness claims (a non-fault doctrine holding vessel owners responsible for vessel condition) and maintenance and cure (daily living expenses and medical care during recovery, regardless of fault).
The Longshore and Harbor Workers Compensation Act (33 U.S.C. sections 901-950) applies to certain maritime workers who are not seamen, including longshoremen, ship-repair workers, and harbor construction workers. LHWCA provides federal workers compensation benefits.
The general statute of limitations for Jones Act claims is three years from the date of injury under 46 U.S.C. section 30106.
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering (under Jones Act and general maritime law)
- Maintenance and cure
- Found (value of food and lodging on vessel)
- Wrongful death damages under the Jones Act and Death on the High Seas Act
How Insurance Companies Handle These Claims
Joseph Jachetti’s 10-year background as an insurance adjuster informs how vessel owners and their P&I (Protection and Indemnity) clubs handle maritime claims. Insurers commonly dispute seaman status (which controls the legal framework), challenge unseaworthiness allegations, attempt to limit maintenance to outdated daily rates, and dispute the extent of medical care covered by cure obligations. Maritime claims involve a distinct body of law and dedicated defense strategies.
Steps to Take After a Maritime Injury
- Seek immediate medical care.
- Report the injury to your captain, supervisor, and vessel owner in writing.
- Request a copy of the vessel logbook entry regarding the incident.
- Identify witnesses including crew members and longshoremen.
- Photograph the scene if safely possible.
- Preserve any defective equipment or fail point.
- Avoid recorded statements with vessel owner representatives.
- Contact Schuster Jachetti LLP promptly given the distinct federal procedural rules.
Frequently Asked Questions
Who qualifies as a seaman?
Seaman status generally requires substantial work-related connection to a vessel in navigation, both in duration and nature. The test is fact-specific.
What is unseaworthiness?
Unseaworthiness is a non-fault doctrine holding vessel owners responsible for providing a vessel reasonably fit for its intended purpose. Defective equipment, inadequate crew, and unsafe conditions may all support unseaworthiness claims.
What is maintenance and cure?
Maintenance is a daily living allowance during recovery. Cure is medical care related to the injury. Both are owed by the vessel owner regardless of fault, until maximum medical improvement.
Can I file under the Jones Act and state workers compensation?
No, generally Jones Act claims are exclusive of state workers compensation for seamen. The frameworks do not stack.
How long do I have to file?
The Jones Act statute of limitations is generally three years from the date of injury. Other maritime claims may have different timeframes.
Schuster Jachetti LLP Serves Delaware Clients Statewide
Wilmington (302) 966-8684, Smyrna (302) 775-0728, Georgetown (302) 877-9524, Lewes (302) 527-9513. Sitewide: (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.