Maritime Injury Claims: Know Your Rights
Maritime workers face unique dangers while performing their duties on vessels, oil rigs, and docks throughout Louisiana’s coastal waters and the Gulf of Mexico. If you’ve been injured while working offshore, understanding your legal rights is essential to securing the compensation you deserve. At Jim Hall & Associates, we specialize in maritime law and have helped countless offshore workers navigate the complex legal system following workplace injuries.
Understanding Maritime Law
Maritime law, also known as admiralty law, is a distinct body of law that governs activities occurring on navigable waters. Unlike standard workers’ compensation cases, maritime injury claims involve specialized federal laws that provide different—and often more substantial—rights and remedies for injured workers.
Key Maritime Laws That Protect Offshore Workers
The Jones Act (Merchant Marine Act of 1920)
The Jones Act is a federal statute that provides important legal protections for seamen who are injured due to negligence during their employment. To qualify as a seaman under the Jones Act:
- You must spend at least 30% of your working time in service of a vessel in navigation
- You must contribute to the mission or function of the vessel
- You must have a substantial connection to a vessel or fleet of vessels
Under the Jones Act, injured seamen can pursue claims against their employers if they can demonstrate that the employer’s negligence played any part, no matter how small, in causing their injuries. This includes:
- Failure to provide a safe workplace
- Failure to properly train or supervise crew members
- Using unsafe work methods
- Providing defective equipment
- Failure to provide proper safety equipment
Unlike standard workers’ compensation, which limits recovery to specific benefits regardless of fault, the Jones Act allows seamen to recover full compensation for:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Mental anguish
- Disfigurement
- Loss of enjoyment of life
Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA covers maritime workers who don’t qualify as seamen under the Jones Act, such as:
- Dock workers
- Ship repairers
- Shipbuilders
- Harbor construction workers
- Other shore-based maritime employees
The LHWCA provides benefits similar to workers’ compensation, including:
- Medical treatment
- Temporary total disability benefits (2/3 of your average weekly wage)
- Permanent partial disability benefits
- Permanent total disability benefits
- Vocational rehabilitation services
- Death benefits for surviving dependents
Additionally, injured workers covered by the LHWCA may have third-party claims against vessel owners, equipment manufacturers, or other non-employer parties whose negligence contributed to their injuries.
Unseaworthiness Doctrine
Vessel owners have an absolute duty to provide a seaworthy vessel to crew members. A vessel is considered unseaworthy if:
- The vessel itself is defective or unsafe
- Equipment on the vessel is defective, inadequate, or improperly maintained
- The crew is insufficient, inadequately trained, or incompetent
- Safety procedures are inadequate or not properly implemented
Unlike Jones Act claims, which require proof of negligence, unseaworthiness claims are based on strict liability. If an unseaworthy condition exists and causes injury, the vessel owner is liable regardless of whether they knew about the condition.
Maintenance and Cure
Maintenance and cure is one of the oldest maritime legal principles, dating back centuries. It requires vessel owners to provide certain benefits to seamen who become ill or injured while in service of the vessel, regardless of fault:
- Maintenance: Daily living expenses while recovering (housing, utilities, food)
- Cure: Medical treatment until maximum medical improvement is reached
- Unearned Wages: Wages the seaman would have earned if not for the injury, typically until the end of the voyage or contract
These benefits must be paid promptly and continue until the seaman reaches maximum medical improvement—the point where medical treatment will no longer improve their condition.
Common Maritime Injuries in Louisiana
Offshore work environments present numerous hazards that can lead to serious injuries:
- Falls from heights (such as from platforms, ladders, or rigging)
- Slip and falls on wet or oily surfaces
- Injuries from falling objects
- Explosions and fires
- Chemical exposures
- Equipment malfunctions
- Crushing injuries from heavy machinery
- Back injuries from lifting
- Repetitive motion injuries
- Exposure to extreme weather conditions
These hazardous conditions can result in severe injuries including:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Fractures and broken bones
- Burns
- Amputations
- Respiratory issues from chemical exposure
- Vision or hearing loss
- Psychological trauma (PTSD)
Steps to Take After a Maritime Injury
If you’re injured while working offshore, taking the right steps immediately after your injury can significantly impact your ability to recover fair compensation:
- Report the Injury Immediately
- Document Everything
- Seek Medical Attention
- Be Careful What You Say
- Contact a Maritime Attorney
Time Limitations for Maritime Claims
Different maritime laws have different statutes of limitations:
- Jones Act claims: 3 years from the date of injury
- LHWCA claims: Notice to employer within 30 days; claim filed within 1 year
- Unseaworthiness claims: 3 years from the date of injury
- Maintenance and cure: No specific statute of limitations, but claims should be filed promptly
However, specific circumstances can affect these timeframes, and some employment contracts may contain provisions that attempt to shorten the time for filing claims. Consulting with a maritime attorney as soon as possible after an injury is crucial to preserve your rights.
Common Defenses in Maritime Injury Cases
Employers and vessel owners often use various defenses to avoid liability or reduce compensation:
- Contributory Negligence
- Pre-existing Conditions
- Failure to Follow Safety Procedures
Why Choose Jim Hall & Associates for Your Maritime Injury Claim
At Jim Hall & Associates, we have extensive experience representing injured maritime workers throughout Louisiana. Our attorneys understand the complex interplay of federal maritime laws and have a proven track record of securing fair compensation for our clients.
We offer:
- Free initial consultations
- Personalized attention from senior-level lawyers
- Extensive knowledge of maritime industry operations
- Access to maritime medical experts, investigators, and accident reconstruction specialists
- Contingency fee representation (no fee unless we recover for you)
If you or a loved one has suffered a maritime injury, don’t navigate these complex legal waters alone. Contact Jim Hall & Associates today at 504-832-3000 or 1-800-299-5059 for a free, confidential consultation to discuss your rights and options.
This blog post is intended to provide general information about maritime injury claims and should not be considered legal advice for any specific situation. Maritime law is complex, and the facts of each case are unique. Always consult with a qualified maritime attorney about your particular circumstances.
