Louisiana Maritime Injury Guide: Your Rights, Your Options, Your Next Steps
Louisiana’s maritime industry depends on hardworking people along the Mississippi River, in New Orleans, and across the Gulf of Mexico. This work is vital but dangerous. After a serious injury on the water or at a port, you need answers and guidance. This page explains the laws that protect injured maritime workers, how compensation works, and how the Louisiana maritime lawyers at Loyd J Bourgeois Injury & Accident Lawyer (LJBLegal) help you recover with care and confidence.
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FREE Confidential Case Review (985) 240-9773What Causes Maritime Injuries In Louisiana?
Maritime work involves unique hazards. Slippery decks, heavy machinery, long shifts, and unpredictable weather all increase the chance of injury. Common accident causes include equipment failure, poor training, short staffing, and unsafe work conditions. These can lead to falls overboard, machinery accidents, fires or explosions, vessel collisions, and exposure to harmful chemicals. Injuries often include traumatic brain injuries, spinal damage, amputations, burns, and crush injuries. The financial and emotional toll is immense, often including pain, lost income, and emotional distress for workers and families.
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FREE Confidential Case Review (985) 240-9773Who Is Covered By Maritime Law?
Federal maritime law protects a wide range of workers: seamen on tugboats, barges, and offshore vessels; longshoremen and dockworkers loading and unloading ships; and offshore oil and gas workers. Each group has different rights, but all are protected by laws that differ from Louisiana’s standard workers’ compensation system.
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FREE Confidential Case Review (985) 240-9773Which Laws Protect Injured Maritime Workers?
Maritime law is separate from state personal injury law. It operates under federal jurisdiction, which means different rules, deadlines, and compensation types apply.
Injured maritime workers are protected by several federal laws, including the Jones Act (for seamen injured due to employer negligence), Maintenance and Cure (covering living and medical expenses), the Unseaworthiness Doctrine (holding vessel owners liable), the Longshore and Harbor Workers’ Compensation Act, and the Outer Continental Shelf Lands and Death on the High Seas Acts.
The Jones Act: What Rights Do Seamen Have?
The Jones Act gives seamen the right to sue their employer for negligence. To qualify, a worker must spend significant time on a vessel in navigation. Negligence can include unsafe working conditions, defective equipment, lack of training, or insufficient staffing. A Louisiana Jones Act Lawyer helps injured seamen understand these rights and pursue compensation for medical costs, lost wages, pain and suffering, and loss of earning potential.
Maintenance And Cure: What Benefits Should You Receive?
After a shipboard injury, employers must provide “Maintenance and Cure.” Maintenance pays for daily living expenses like food and rent, while Cure covers medical care until recovery or maximum medical improvement. These payments should start immediately, regardless of fault.
Unseaworthiness: When Can You Hold A Vessel Owner Liable?
Vessel owners must keep their ships seaworthy. A vessel is unseaworthy if unsafe equipment, an untrained crew, or poor maintenance causes injury. In those cases, owners can be held strictly liable under maritime law for resulting damages.
Longshore And Harbor Workers’ Compensation Act (LHWCA)
Dockworkers, shipbuilders, and harbor construction workers fall under the LHWCA. This law provides federal benefits similar to workers’ compensation but often pays more for medical treatment and lost wages than state systems.
OCSLA And DOHSA: Offshore And High Seas Protection
The Outer Continental Shelf Lands Act (OCSLA) covers fixed platform workers and often applies LHWCA benefits. The Death on the High Seas Act (DOHSA) provides compensation for families who lose loved ones in fatal maritime incidents on international waters.
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FREE Confidential Case Review (985) 240-9773Do Maritime Cases Go To Federal Court?
Yes, maritime cases can often be settled without a lawsuit through direct negotiation, mediation, or arbitration. These methods are usually quicker and less expensive than going to trial. However, because most maritime cases fall under federal maritime law and are filed in federal court, it is crucial to work with an attorney who understands these unique rules and strict deadlines. The attorneys at LJBLegal handle every step of the process to ensure your settlement fully covers your medical expenses, lost wages, and long-term damages while protecting your rights under federal maritime law.
Can You Settle A Maritime Case Without A Lawsuit?
Yes. Many maritime claims settle without trial. The goal is to reach a fair resolution that fully compensates you. Strong evidence and thorough preparation often encourage insurers to make fair offers. However, if they refuse, our team is always ready to file suit and go to court when necessary. We prepare every case as if it might be tried, which gives our maritime lawyers strong leverage in negotiations.
How Does LJBLegal Maximize Your Recovery?
LJBLegal maximizes your recovery by acting fast to preserve evidence, identifying all liable parties for broader claims, thoroughly documenting damages, and negotiating from a strong trial-ready position. This comprehensive strategy increases your compensation by building a solid case and pressuring insurers to offer fair settlements.
Investigate Early And Preserve Evidence
We act quickly to secure vessel logs, safety records, maintenance reports, and witness statements. We also consult with maritime safety experts to strengthen your case. Timely action helps protect crucial evidence before it disappears.
Identify Every Liable Party
We examine your case for every possible claim: a Jones Act negligence claim, an unseaworthiness claim against the vessel owner, or a third-party claim against a contractor or equipment manufacturer. This approach increases your recovery potential.
Document All Damages
We calculate your total losses, including medical bills, lost wages, future earning capacity, and pain and suffering. We also account for long-term effects like loss of enjoyment of life and mental anguish to ensure your compensation reflects your full experience.
Negotiate From A Position Of Strength
Insurance companies offer more when they know your legal team is prepared for trial. LJBLegal’s reputation for readiness helps our clients avoid unnecessary delays and lowball offers.
What Should You Do After A Maritime Injury?
After a maritime injury, your health and safety come first. Seek medical care immediately and report the incident to your supervisor. Document the scene, gather witness information, and request any accident reports. Before signing documents or speaking to insurers, consult a maritime injury lawyer to protect your rights and strengthen your claim.
Get Medical Care And Be Honest
See a doctor you trust as soon as possible. Even if you think the injury is minor, some problems take time to appear. Tell your doctor that the injury happened at work and report every symptom truthfully. Follow all medical advice and keep detailed records of your appointments, treatments, and expenses. These records can later support your claim and show the full impact of your injury.
If the injury is serious, call for emergency help, such as the Coast Guard.
Report The Injury In Writing
Immediately notify your supervisor or captain in writing. Include only the basic facts about when, where, and how the injury occurred. Avoid giving opinions or accepting blame. Do not give a recorded statement or sign any paperwork before you talk with a maritime injury lawyer from LJBLegal. Early legal advice can help you avoid mistakes that may hurt your claim later.
Preserve Evidence
Gather as much information as you can from the scene. Take photos of the area, the equipment involved, and your injuries. Keep your clothing and personal gear in the same condition they were in after the accident. Get contact details from anyone who witnessed the incident, and request a copy of any official accident report that is filed. These details can be critical in proving what happened and why.
Consult A Louisiana Maritime Lawyer
Before signing anything from your employer or their insurance company, speak with a maritime injury attorney. Maritime laws differ from standard workplace injury laws, and deadlines are strict. The New Orleans maritime lawyers at LJBLegal can explain your rights, handle communications with the employer or insurer, and help you pursue the compensation you deserve.
How Does LJBLegal Keep You Informed?
Communication matters. Our client portal app gives you 24/7 access to your case status, secure document uploads, direct messaging with your attorney or case manager, and clear answers to your questions. You always know where your case stands, whether you are at home or offshore.
What Is LJBLegal’s Pricing?
At LJBLegal, cost should never stop you from getting the help you need. We work on a contingency fee basis, which means:
- No upfront costs: You pay nothing to hire us.
- No fee unless we win: We only get paid if we recover compensation for you.
- No surprises: Our fee stays the same even if we file a lawsuit or go to trial.
Why Choose LJBLegal For A Maritime Injury Case?
Local Knowledge And Experience
We know Louisiana’s ports, shipyards, and offshore operations. From the Port of New Orleans to Gulf platforms, we understand the local industry, employers, and courts handling maritime cases.
Resources And Dedication
Complex maritime cases demand preparation and expertise. Our maritime attorneys gather records, build timelines, and work with experts to present solid proof that supports your claim.
Compassionate, Client-First Representation
We treat every client with respect and care. We explain every step in plain language, keep you updated, and make sure you feel supported throughout your recovery and case process.
Frequently Asked Questions
Am I Considered A Seaman Under The Jones Act?
If you spend a substantial portion of your work time on a vessel or a fleet in navigation, you likely qualify. Our team reviews your duties and schedule to confirm your status.
When Should Maintenance And Cure Begin?
It should begin right away. If your payments are late or stopped without reason, we can act quickly to enforce your rights and ensure your care continues.
How Long Does A Maritime Case Take?
Each case is different. Timelines depend on your medical recovery, the complexity of the claim, and how insurers respond. We push cases forward efficiently and keep you informed through our client portal.
Contact LJBLegal Today
A maritime injury can disrupt your life, but you do not have to face it alone. The attorneys at LJBLegal combine compassion with experience to protect your rights and pursue full compensation. Many cases settle fairly, but if trial becomes necessary, we are ready. Contact our office at 985-240-9773 to discuss your options and start rebuilding your future.
