Working at sea can be exciting, but if you report a dangerous ladder or refuse an illegal order, the consequences can be worse than any rogue wave.
The Law Offices of Charles D. Naylor have a Seaman’s Protection Act lawyer who can help you avoid being blacklisted, demoted, or fired.
We have decades of experience in maritime trials and can help you get your job back and restore your dignity.
Our team has been protecting the rights of seafarers since 1974, getting jury verdicts and private settlements that help families stay afloat when employers break the law. We do this on everything from offshore drill ships in the Gulf to passenger ships docking in Miami.
How Can A Seaman’s Protection Act Lawyer Help Me With My Maritime Case?
A Seaman’s protection act lawyer advocate:
Identifies protected activity.
Whether you reported inadequate life‑rafts or sought medical care, we connect the dots between your action and management’s retaliation.
Meets strict deadlines.
SPA claims sail on a tight 180‑day clock; we file with OSHA, trigger the 210‑day “kick‑out,” and move to federal court if delays threaten justice.
Gathers evidence fast.
Vessel logs, satellite emails, and voyage data recorders can vanish at the click of a mouse. Our emergency preservation letters lock down proof before shipboard IT wipes it.
Stacks remedies.
We often pair SPA retaliation counts with Jones Act negligence and unseaworthiness claims, increasing leverage in mediation.
Navigates arbitration traps.
The SPA carves out federal rights no employment contract can waive. We nullify unlawful arbitration clauses and keep your case before a jury.
What is the Seaman’s Protection Act?
The Seaman’s Protection Act (SPA) was passed in 1984 and then made bigger by the Coast Guard Authorization Act of 2010. It protects sailors who report safety, environmental, or labor violations.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is in charge of the SPA, just like it is for aviation and rail.
Key safeguards include:
Prohibiting discharge, demotion, suspension, threats, or discipline linked to protected reports.
Applying to any seaman—U.S. or foreign—working on a U.S.‑flag vessel or any vessel owned by a U.S. company.
Requiring employers to post notice of seafarer rights in conspicuous shipboard locations.
Seaman’s Protection Act, 46 U.S.C. §2114 (SPA)
The Seaman’s Protection Act (SPA), which is found in 46 U.S.C. §2114, is an important federal law that protects the rights and safety of sailors nationwide.
This law protects seamen from being punished by their employers for doing certain “protected activities.”
It recognizes the critical role seamen play in maritime safety and environmental protection and aims to encourage them to report concerns without fear of losing their jobs or facing other adverse consequences.
For comprehensive details on the statute, you can refer to the official Whistleblowers.gov page on the Seaman’s Protection Act.
Examples of Seaman’s Protection Act Cases in the United States
The Seaman’s Protection Act (SPA) gives sailors a way to get help if they are being punished. The Administrative Law Judges (ALJs) at the Department of Labor handle these cases. They show how a Seaman’s Protection Act lawyer is needed in many different situations. The Department of Labor’s OALJ website has more examples.
https://www.dol.gov/agencies/oalj/PUBLIC/WHISTLEBLOWER/REFERENCES/CASELISTS/SPALIST1 – external link
2025-SPA-1 Emily v. Osage Marine Services
This dismissal shows how important it is to have a clear legal strategy when making SPA claims. When a sailor says they were retaliated against, proving it is hard and requires a lot of evidence gathering. An experienced Seaman’s rights attorney is very good at this.
Order Dismissing Case (ALJ Mar. 19, 2025) (Boucher) PDF
2025-SPA-2 Detar v. Cianbro Corporation
This case shows that the seaman was able to reach a successful resolution, probably through a private settlement. These kinds of results show how well the SPA works and how a good Seamans protection act lawyer can get good results.
Decision and Order Approving Settlement and Dismissing Claim (ALJ Mar. 14, 2025) (Calianos) PDF
These cases show typical situations that lead to SPA complaints:
- Telling someone about dangerous situations or breaking the rules.
- Not doing unsafe jobs.
- Telling someone about injuries or illnesses at work.
- Working with safety investigations.
If you’ve been punished for doing things that are protected under the Seaman’s Protection Act, the Law Offices of Charles D. Naylor are ready to fight for your rights.
The Process to File a Seaman’s Protection Act Complaint
The Seaman’s Protection Act makes it hard to get justice, as it may require going through specific administrative steps and possibly even going to court at the federal level.
If you’re a seaman who is being punished for something, you must understand this process and have a good Seaman’s Protection Act lawyer to help you. The Law Offices of Charles D. Naylor will help you with every step of your SPA complaint.
- File with OSHA within 180 days of adverse action.
- OSHA investigation—interviews, document review; possible preliminary reinstatement order.
- ALJ hearing if either party objects to findings.
- Appeal to the DOL’s Administrative Review Board, then federal circuit court.
- 210‑Day “Kick‑Out”—if no final order within 210 days, you may file de novo in U.S. district court.
Hearings
Administrative Law Judges look at SPA cases like small trials, but they happen in an office setting.
These hearings include sworn testimony, questioning of witnesses, and discovery processes that are similar to those used in federal court.
This calls for careful planning and good advocacy. We get you ready for these sessions by putting you through mock sessions and giving you detailed instructions.
This makes sure that your testimony is clear, consistent, and that your story sticks with the judge. As a top Seaman’s rights lawyer, I always do this kind of careful planning.
Damages
If your Seaman’s Protection Act claim is successful, you may be entitled to significant damages to compensate you for the harm you’ve suffered.
Compensatory Damage
These damages are designed to make you “whole” again by covering your actual losses. They can include:
- Back pay with interest
- Front pay when reinstatement is impossible
- Emotional distress
Punitive Damage
In some awful cases, courts can give punitive damages. These aren’t meant to make up for what happened to you; they’re meant to punish the employer for terrible, careless, or oppressive behavior and stop them from doing it again.
Punitive damages are more likely to happen when actions show a careless disregard for safety or the rights of seamen, like when safety logs were purposely changed to hide dangerous conditions.
Trust decades of deck‑plate experience. Visit our about us page, explore client stories on testimonials, or watch our explainer video to learn how our Seamans rights attorneys turn retaliation into restitution. Then let’s chart your course to justice on the bridge—not in the shadows below deck.
Statute of Limitations for a Claim And 210-Day “Kick-Out” Provisions
As was said before, the first complaint to OSHA must usually be made within 180 days of the alleged bad action. This short time frame makes it clear that action needs to be taken right away.
The “kick-out” clause that lasts for 210 days is an important protection.
If OSHA doesn’t make a final decision within 210 days, the seaman can sue in federal district court and ask for a jury trial.
If the administrative process takes too long, this gives people another way to get justice.
Injured Crew Members Have a Right to Compensation
It’s hard enough to get hurt on the job as a seaman, but employers often retaliate against them.
The Seaman’s Protection Act (SPA) protects you from retaliation for reporting safety problems or injuries. Still, under federal maritime law, including the Jones Act, your rights to compensation for the injury itself go much further.
The Law Offices of Charles D. Naylor know that people often get hurt at work and then get hurt again.
We don’t just fight the retaliation; we also gather strong medical proof of your injury and carefully connect it to all possible claims:
Jones Act Negligence:
Proving your injury was due to your employer’s negligence (e.g., unsafe conditions, poor training).
Unseaworthiness:
Demonstrating that the vessel or its equipment was unfit for its purpose.
Maintenance and Cure:
Ensuring you receive basic living expenses and medical care, with potential punitive damages for wrongful denials.
Our firm builds a strong case by combining the Seaman’s Protection Act’s strong anti-retaliation provisions with these broader maritime claims.
This lets us get more than just lost wages as compensation. It can also cover pain and suffering, emotional distress, and lost future earnings.
As your Seaman’s Protection Act lawyer and Seaman’s rights attorney, we fight hard for justice so you get the full amount of money you deserve. You can learn more about your rights from our Jones Act lawyer or call us for a free case review.
Employee’s Burden of Proof
To win a claim under the Seaman’s Protection Act, the seaman (the person making the claim) usually has to show that they did something that was protected, like reporting a safety violation or refusing to do unsafe work.
- They engaged in a protected activity (e.g., reported a safety violation, refused unsafe work).
- The employer was aware of this protected activity.
- The employer took an adverse employment action against the seaman (e.g., termination, demotion).
- The protected activity was a “contributing factor” in the employer’s adverse action.
Once the seaman shows these things, it’s up to the employer to show with “clear and convincing evidence” that they would have done the same bad thing even if the seaman hadn’t done the protected activity.
This “contributing factor” standard makes it easier for seamen to win their case than in a lot of other laws against retaliation.
Our experienced Seamans protection act lawyer at the Law Offices of Charles D. Naylor knows all the ins and outs of this burden of proof and carefully builds cases to meet these requirements, giving strong evidence to get the best possible outcome for our clients.
Contact The Seaman’s Protection Act Lawyers at The Law Offices of Charles D. Naylor for a Free Consultation
If you reported a safety issue or injury and then were punished for it, The Law Offices of Charles D. Naylor are here to help you. As top Seamans protection act lawyers, we offer strong, easy-to-reach representation across the country.
Your first meeting is free and private. We work on a contingency fee basis, which means you don’t have to pay anything up front, and we cover all of your legal costs until we win your case. This makes sure that every sailor can get the best legal help, regardless of their financial situation.
Maritime employers count on intimidation and confusing procedures. Break the cycle. Call our 24/7 Cruise Injury Hotline or submit a free case review. Initial consultations are confidential, and we advance costs until we win.
Seaman’s Protection Act Lawyer Frequently Asked Questions
Does the SPA apply on foreign‑flag ships?
If U.S. owned or operated, yes. Otherwise, other statutes may help—call us.
Can I claim under both the Jones Act and SPA?
Absolutely. One addresses negligence injury, the other retaliation.
What if I signed an arbitration agreement?
SPA rights cannot be waived; courts often void maritime arbitration clauses that conflict with federal whistleblower protections.
What evidence should I keep?
Save emails, safety reports, text messages, and witness contacts. Photos of hazards matter too.
How are attorney fees handled?
SPA awards “all litigation costs,” including reasonable attorney fees, to prevailing seamen.
Additional Resources
For more in-depth information regarding your rights and the Seaman’s Protection Act, consider these valuable federal resources:
Whistleblowers.gov/about-us:
This OSHA website provides a comprehensive overview of whistleblower protections across various federal laws. It explains how OSHA investigates retaliation complaints and offers guidance for employees on their rights to report safety concerns without fear of reprisal.
OSHA Publication 3762.pdf (Filing Whistleblower Complaints under the Seaman’s Protection Act):
This official OSHA document specifically details the protections available to seamen under the Seaman’s Protection Act. It outlines protected activities (like reporting safety violations or injuries), prohibited employer actions, the complaint filing process (including the 180-day deadline), and potential remedies such as back pay and reinstatement.
