Maritime accidents cause more than physical injuries. Workers who survive fires, explosions, vessel collisions, and falls overboard frequently develop PTSD, anxiety, and depression. This can be just as debilitating as a broken bone — and just as compensable under the law.
Under the Jones Act and general maritime law, psychological injuries from a maritime accident are fully recoverable, including through maintenance and cure, Jones Act negligence claims, and pain and suffering damages.
PTSD After a Maritime Accident: Symptoms, Diagnosis, and Legal Requirements
Many maritime accident survivors develop Post-Traumatic Stress Disorder — PTSD. Working offshore means regularly being exposed to things most people never experience: fires, explosions, watching colleagues get seriously hurt or killed, and surviving accidents that could have taken your own life. That kind of exposure takes a toll that doesn’t go away when the physical wounds heal.
PTSD is a recognized medical condition, not a sign of weakness. To support a Jones Act PTSD claim, you need a formal diagnosis from a psychiatrist or psychologist. If you are experiencing symptoms, seeing a mental health professional is both the right thing for your recovery and an important step for your legal claim. Symptoms need to have persisted for more than one month after the accident for a diagnosis to apply.
There are four main symptoms of PTSD:
- Intrusive thoughts, such as flashbacks, involuntary memories, nightmares, etc.
- Avoidance, including avoiding people, places, activities, objects, and situations that may trigger distressing memories.
- Alterations in cognition and mood like memory loss, negative and distorted thoughts, feeling emotionally detached or numb, feelings of fear, anger, or guilt, an inability to experience positive emotions, etc.
- Alterations in arousal and reactivity, including self-destructive thoughts, irritability, angry outbursts, being easily startled, paranoia and lack of trust, having problems concentrating or sleeping, etc.
If you are experiencing any of these symptoms after a maritime accident, seeking professional help is the most important step, both for your wellbeing and for your legal claim. A diagnosis from a qualified psychiatrist or psychologist is required to support a maritime PTSD compensation claim.
If you are in crisis or need immediate support, the SAMHSA National Helpline is available 24/7: 1-800-662-4357 (free, confidential, available in English and Spanish).
Most victims begin to experience the symptoms of PTSD three to six months after the triggering event. The condition can affect a person’s ability to do their job, perform day-to-day activities, relate to family and friends, and lead to substance abuse and other problems.
It’s important to seek help for dealing with the symptoms of PTSD. Treatment for PTSD can include therapy and medication. Groups that offer maritime PTSD support can also be helpful. There are many effective coping strategies for maritime survivors.
Other Psychological Effects: Anxiety, Depression, and Long-Term Emotional Impact
In addition to PTSD, the psychological effects of maritime accidents can lead to a range of other issues, including stress, anxiety disorders, and depression. These problems can result in physical symptoms such as:
- Fatigue
- Muscle tension
- Sweats
- Increased blood pressure
- Increased heart rate
- Headaches
- Body pains
Long-term emotional fallout is common. Survivors often struggle with feelings of guilt, survivor’s guilt, or a loss of trust in maritime travel, particularly after accidents that involve loss of life. The emotional wounds of a maritime accident can persist for years after the accident, affecting relationships, work, and overall quality of life.
Psychological Injuries Are Compensable Under Maritime Law
Psychological injuries from maritime accidents are fully compensable, Employers and insurance companies sometimes try to minimize or deny these claims, but PTSD, anxiety, and depression caused by a traumatic accident are legitimate injuries with real economic consequences. Under the Jones Act and general maritime law, injured workers can recover:
- Medical expenses: The full cost of past and future psychiatric treatment, therapy, and medication.
- Lost wages: Compensation for time missed from work due to psychological symptoms.
- Lost earning capacity: Compensation if your psychological injury prevents you from returning to maritime work or permanently reduces your earning ability.
- Pain and suffering: Compensation for mental anguish, emotional distress, loss of enjoyment of life, and the ongoing impact of PTSD on relationships and daily functioning.
- Maintenance and cure: Daily living expenses and psychiatric treatment costs owed by your employer from the date of the accident until you reach maximum medical improvement, regardless of fault.
How Psychological Injury Claims Differ from Physical Injury Claims
Psychological injuries are harder to prove than broken bones. The insurance companies and employers know this. Common tactics used to challenge these claims include arguing that the PTSD pre-existed the accident, that the symptoms are exaggerated, or that the worker could return to work with proper treatment. These tactics require a legal response built on strong documentation:
- A formal diagnosis from a licensed psychiatrist or psychologist, which is required and must be included in your medical records.
- Expert testimony from a qualified mental health professional who can explain your diagnosis, causation (how the accident caused the PTSD), and prognosis to a jury.
- Employment records documenting reduced work performance, missed time, or an inability to return to maritime work.
- Personal records such as journals, communications, and statements from family members that support a claim for emotional distress.
Important: Maintenance and cure applies to psychological injuries from the moment of the triggering accident, not just physical ones. Your employer must pay for your psychiatric treatment and provide daily living expenses (maintenance) while you are unable to work, regardless of who was at fault for the accident. If your employer is refusing to pay for psychiatric treatment or has stopped maintenance payments, contact an LKSA attorney immediately.
Talk to an LKSA Attorney About Your Psychological Injury Claim
Psychological injuries are real, serious, and legally compensable. They require experienced maritime attorneys who understand how to document, present, and fight for these claims against employers and insurers who routinely challenge them.
LKSA has represented maritime workers and their families across the Nation for over 35 years. Our attorneys have served as court-appointed counsel in two of the most significant maritime disasters in American history — the Deepwater Horizon explosion and the SEACOR Power capsizing — litigation that involved the full spectrum of physical and psychological injuries across hundreds of clients.
If you or a family member is dealing with PTSD, anxiety, depression, or other psychological effects after a maritime accident, do not wait. Documentation begins now. The earlier you seek diagnosis and treatment, the stronger your legal claim.
