How long do I have to file a maritime accident lawsuit or claim for offshore injuries?
In most cases, those injured as a result of maritime accidents have three years from the date the cause of action arose to file a civil lawsuit for personal injury or death. This time limitation emphasizes the importance of seeking legal counsel as soon as possible after an accident. Failure to initiate legal action within the required timeframe may result in the forfeiture of your right to claim compensation.
It’s important to note that the deadline for claims involving the Longshore and Harbor Workers’ Compensation Act is different.
- You should file a written claim with the OWCP within one year after the date of injury, or;
- If your employer has been voluntarily paying compensation benefits, you should file a written claim within a year from the last payment of compensation.
Occupational Diseases
If you suspect you are disabled by an occupational disease or if a doctor tells you that you need treatment for a medical condition that may have been caused by your employment, you have two years to file a claim. The two years begin to run from the date you first become aware of the relationship between the occupational disease, your disability, and your employment.