Maritime Injuries and Independent Contractors: Are You Still Protected?

Maritime Injuries and Independent ContractorsIndependent contractors have long been essential to the maritime industry. From offshore oil rig workers to private security teams and ship repair specialists, contractors support vital operations across oceans, ports, and coastal facilities. But when these workers are injured on the job, the path to compensation can be far less clear than it is for traditional employees.

If you’re classified as an independent contractor, you might assume you’re not entitled to the same legal protections as a full-time maritime employee. Fortunately, that’s not always the case. In fact, several key maritime laws may still apply to you — depending on the nature of your work, your relationship with the company, and where and how the injury occurred.

In this post, we’ll break down the legal protections available to injured maritime contractors, explain how worker classification affects your rights, and help you understand what to do if you’re hurt while working offshore or at sea.

Why Worker Classification Matters

If you’re injured while working offshore, one of the first questions that determines your legal rights is: Are you classified as an employee or an independent contractor? This label can significantly impact what laws apply to your case — and what compensation you may be entitled to.

But here’s the important part: it’s not just about what your contract says. Courts look at the actual nature of your working relationship to decide whether you’re truly an independent contractor or effectively functioning as an employee.

Key factors include:

  • Who controls your day-to-day tasks? If a company tells you when, where, and how to work, you may legally be an employee — even if you’re called a contractor.
  • Who provides tools and equipment? Contractors usually bring their own. If the company supplies everything, that’s a sign of employment.
  • Are you free to take other jobs? True contractors typically have that freedom.
  • How are you paid? Hourly wages or salaries often point toward employee status.

If you’re misclassified, you could be missing out on important protections under the Jones Act or other maritime laws. Even if you are correctly classified, there may still be legal remedies available — so don’t assume you’re on your own just because of your job title.

Protections That MAY Apply to Contractors

Even if you’re classified as an independent contractor, you might still be covered by several important maritime laws. Your rights depend on the kind of work you were doing, your relationship to the vessel or platform, and where the injury happened.

The Jones Act

This law is usually for “seamen” who are employed by a vessel owner — but in some cases, independent contractors can still qualify. Courts look at your job duties, how connected you are to the vessel’s mission, and whether you worked primarily on the water. If you meet the criteria, you may be able to sue your employer for negligence.

General Maritime Law (Unseaworthiness & Negligence)

Even if you don’t qualify under the Jones Act, you may still be protected. Vessel owners are required to provide a safe working environment. If a vessel was unsafe or someone acted negligently, you could be entitled to compensation under general maritime law.

Maintenance and Cure

If you’re injured while working on a vessel and you qualify as a seaman under the Jones Act, you may be entitled to maintenance and cure. These benefits cover your basic living expenses (maintenance) and medical costs (cure) while you recover — regardless of who was at fault. However, not all contractors will meet the legal definition of a seaman, so this protection depends on your job duties and connection to the vessel.

The Defense Base Act (DBA)

If you’re a maritime contractor working on a U.S. military or government job overseas, the Defense Base Act may cover you. It provides medical benefits, disability compensation, and survivor benefits for injured contractors.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

Contractors working on docks, piers, loading equipment, or offshore structures may be covered under this law. It offers compensation for injuries and medical care — even if you’re not considered a seaman.

Other Federal Laws

Injuries on U.S. government-owned or operated vessels may also fall under laws like the Public Vessels Act or the Suits in Admiralty Act.

How Misclassification Often Works

Just because your job title says “independent contractor” doesn’t mean the law agrees. In the maritime industry, misclassification happens more often than you might think — and it can seriously affect your rights after an injury.

Many employers label workers as contractors to avoid paying taxes, benefits, and legal claims under employee protection laws. But courts look at how you actually work, not just what the paperwork says.

You may have been misclassified if:

  • You follow a set schedule created by the company.
  • You report to a supervisor who directs your day-to-day work.
  • You use the company’s equipment and work at their location.
  • You only work for one company at a time.
  • You’re treated just like the employees around you — but without the benefits or protections.

Why does this matter? If you were wrongly classified as a contractor, you may still qualify for protection under laws like the Jones Act. That means you could be entitled to compensation for negligence, unsafe conditions, or even long-term disability.

If you’re not sure whether you’ve been misclassified, a maritime attorney can review your work history and help you determine which laws apply to your case.

How a Maritime Attorney Can Help

If you’ve been injured while working offshore or on the water — especially as an independent contractor — navigating the legal system alone can be overwhelming. That’s where a maritime attorney makes all the difference.

An experienced maritime lawyer can help by:

  • Evaluating your work status
  • Identifying the right law for your case
  • Handling paperwork and deadlines
  • Fighting for full compensation
  • Standing up to employers and insurance companies

At Lewis, Kullman, Sterbcow & Abramson, we’ve spent decades helping injured maritime workers — contractors included — get the justice and compensation they deserve. If you’re unsure of your rights, we’re here to help you figure it out.

Don’t Let Your Job Title Define Your Rights

Being labeled an “independent contractor” doesn’t mean you’re left without protection. Whether you were injured on a vessel, an offshore platform, or a government job overseas, you may still have strong legal rights — and a path to compensation.

At Lewis, Kullman, Sterbcow & Abramson, LLC, our maritime attorneys understand how confusing these situations can be. Our team has decades of experience helping maritime workers — employees and contractors alike — get the support and justice they deserve.

If you were injured while working in the maritime industry, contact us today for a free consultation. We’ll help you understand your options and fight to protect your future.