When someone suffers an injury while working on navigable waters, specific federal laws—not just Alabama state law—usually determine how long they have to file a claim. Maritime law applies differently depending on the type of work, location, and employment status. Understanding these deadlines is essential to protect your right to compensation.
Maritime Law and Your Right to File
Maritime law includes several federal statutes designed to protect workers injured on or near the water. These laws define both the type of claim you may file and how long you have to do so. If you’re filing a maritime injury claim in Alabama, the time limit will vary based on the circumstances of the injury and the law that applies.
Major Maritime Laws That Affect Filing Deadlines
The Jones Act (for Seamen)
The Jones Act applies to workers who spend a significant amount of their time working aboard vessels. It gives seamen the right to sue their employers for negligence. Under the Jones Act:
- The general deadline is three years from the date of injury.
- If the claim is against a government entity, a two-year deadline applies, and additional notice requirements may be involved.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
If you work on docks, shipyards, or near navigable waters but aren’t considered a seaman, you may be covered under LHWCA. This law has shorter deadlines:
- You must report the injury within 30 days.
- A formal claim must be filed within one year from the date of injury or the last payment of compensation.
General Maritime Law and Personal Injury Claims
For general injuries occurring on navigable waters, not covered by the Jones Act or LHWCA, the statute of limitations is three years under 46 U.S. Code § 30106.
Death on the High Seas Act (DOHSA)
If someone dies more than three nautical miles from shore due to a maritime incident, the surviving family may file a claim under DOHSA:
- The time limit is three years from the date of death.
Outer Continental Shelf Lands Act (OCSLA)
Injuries on offshore oil platforms or rigs located off the Alabama coast typically fall under this act. It adopts the state’s personal injury statute of limitations, which in Alabama is:
- Two years from the date of the incident.
Alabama’s Personal Injury Deadline
If a maritime claim doesn’t fall under a specific federal statute, Alabama law may apply. The Alabama Code sets the personal injury statute of limitations at two years from the date of injury. This may apply to injuries on non-navigable waters or certain coastal job sites.
Read More:- Common Mistakes That Can Hurt Your Maritime Injury Claim
Summary of Key Time Limits
Here is a simplified breakdown of filing deadlines:
- Jones Act (seamen): 3 years (2 if suing the government)
- LHWCA (dock and harbor workers): 30 days to notify, 1 year to file
- DOHSA (fatal accidents offshore): 3 years
- OCSLA (offshore oil platforms): 2 years (based on Alabama law)
- General Maritime Claims: 3 years
- Alabama State Personal Injury Law: 2 years
When Does the Clock Start?
For most maritime injury claims, the statute of limitations begins on the date the injury occurred. However, there are some exceptions:
- If the injury is not immediately known (such as exposure to toxic substances), the deadline may begin when the injury is discovered or should reasonably have been discovered.
- In certain cases, especially under state law, the “discovery rule” may apply to extend the time to file.
Can the Deadline Be Extended?
Generally, these deadlines are firm. Still, there are a few limited exceptions:
- Incapacitation: If the injured person was physically or mentally unable to file.
- Fraud or concealment: If the employer or insurer hid important information.
- Military service: May toll the statute in rare cases.
Even with these potential exceptions, it’s risky to delay. Courts rarely allow late filings.
What to Do After a Maritime Injury
To protect your legal rights after a maritime injury, take these steps as soon as possible:
- Get immediate medical care.
- Report the injury to your supervisor or employer in writing.
- Keep all documentation—medical records, photos, incident reports.
- Avoid giving recorded statements without legal advice.
- Consult a maritime injury attorney familiar with federal and Alabama laws.
Mistakes That Can Hurt Your Claim
Failing to act quickly or assuming the wrong deadline can lead to a dismissed case. Common missteps include:
- Waiting too long to report the injury.
- Missing the one-year LHWCA deadline.
- Thinking the state’s two-year limit applies when a three-year maritime statute controls.
- Assuming your job title doesn’t affect which law applies.
Filing a Maritime Injury Claim in Alabama Requires the Right Timing
Each law offers different protection, but nearly all maritime claims are controlled by strict timeframes. Filing too late—even by a single day—can permanently bar recovery.
If you were injured while working on the water in Alabama, the exact deadline depends on your job role, the location of the incident, and who is responsible. Acting within the proper timeline is not optional—it is necessary to preserve your claim.
Quiet Next Steps
Have questions about how much time you have left to file? There’s a way to get guidance without delay. Visit the Fuquay Law Firm contact page and schedule a time to review your potential case. It costs nothing to find out where you stand—and it could make all the difference.
Conclusion
Time limits for filing a maritime injury claim in Alabama vary, and missing a deadline could end your ability to pursue compensation. Whether your case involves the Jones Act, LHWCA, DOHSA, or general maritime law, knowing which law applies is key to taking timely and lawful action. If you’re unsure how much time remains, don’t guess—get informed, and take action before your rights expire. Fuquay Law Firm can help.
