Am I a seaman under the Jones Act if I work on a platform, not a ship?

It depends on your work history and the nature of the platform. A floating drilling rig that moves between locations is a vessel, and workers who spend significant time aboard may qualify as seamen. Fixed platforms are not vessels under the Jones Act. Workers primarily assigned to fixed platforms typically fall under LHWCA or OCSLA instead. Workers who rotate between vessels and fixed platforms require a case-specific analysis. Courts look at the percentage of work time spent on vessels in navigation over the preceding 30 days or the reference period applicable to the claim.

What is maintenance and cure and how long does it last?

Maintenance is a daily living allowance your employer pays from the date of injury until you reach Maximum Medical Improvement. Cure covers all medical treatment reasonably related to your maritime injury, also until MMI. Both are owed regardless of fault. Your own negligence does not reduce them. Current maintenance rates vary but are often set by collective bargaining agreements or court precedent applicable to your vessel. Employers who willfully delay or deny maintenance and cure payments can face punitive damages under general maritime law.

I was injured on a helicopter flight to a platform. Do I have a claim?

Yes. Workers injured during helicopter or crew boat transport to or from an offshore platform have claims under maritime law. The applicable framework depends on your employment classification and the specific circumstances. If you qualify as a seaman, Jones Act claims apply. If LHWCA governs your employment, you retain third-party tort rights against the helicopter operator or crew boat company even if your employer-related claim runs through the compensation system. The helicopter operator is a separate potential defendant from your employer, and general maritime law negligence claims against them proceed independently.

How long do I have to file a maritime injury claim in Louisiana?

The deadline depends on which law governs your claim. Jones Act claims: three years from the date of injury under [46 U.S.C. 30106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106). LHWCA administrative claims: one year from the date of injury or last compensation payment. OCSLA fixed-platform claims under Louisiana surrogate law: two years from the date of injury under [La. C.C. Art. 3493.11](https://legis.la.gov/legis/Law.aspx?d=109386) (effective July 1, 2024). The LHWCA deadline is the shortest. If you miss it, administrative remedies are gone. Identifying the correct deadline requires knowing which framework applies first.

Can my employer fire me for filing an offshore injury claim?

Federal law prohibits it. The Seaman's Protection Act ([46 U.S.C. 2114](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2114)) and the LHWCA anti-retaliation provision ([33 U.S.C. 948a](https://www.govinfo.gov/content/pkg/USCODE-2020-title33/html/USCODE-2020-title33-chap18-sec948a.htm)) both prohibit termination, demotion, or blacklisting for filing claims or reporting safety violations. Remedies include reinstatement, back pay, and compensatory damages. The retaliation claim proceeds independently of the injury claim. You do not have to wait for the injury case to resolve before pursuing retaliation remedies.

What is the difference between the Jones Act and LHWCA?

The Jones Act is a negligence lawsuit that a seaman files against their employer in federal court. It provides full tort damages including non-economic damages and pain and suffering. The LHWCA is an administrative compensation system, similar to workers compensation, for maritime workers who do not qualify as seamen. LHWCA pays a percentage of lost wages and medical expenses but does not include non-economic damages from the employer. LHWCA claimants retain tort rights against negligent third parties other than their employer. The two frameworks are mutually exclusive at the employer level. A worker cannot collect both.

Does Louisiana's 51% comparative fault rule apply to my offshore case?

It depends on which framework governs your claim. Jones Act claims use maritime comparative negligence. Your fault reduces your recovery proportionally but does not bar it, even if you are 80% at fault. For OCSLA fixed-platform claims that proceed under Louisiana surrogate law, [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109387) applies. That means if you are 51% or more at fault, you recover nothing. The 51% bar does not apply to Jones Act vessel claims. Knowing which standard applies before the insurance company builds their fault narrative is one of the most important reasons to retain a maritime attorney early.

How much does hiring a maritime injury attorney cost?

Morris & Dewett handles offshore injury cases on a contingency fee basis. You pay no attorney fees unless there is a recovery. No upfront costs, no retainer. If the case does not resolve in your favor, you owe nothing in attorney fees. Contingency representation is standard in maritime personal injury cases. It aligns the attorney's interest directly with the outcome of your claim.

Am I covered if I was hired through a staffing agency or classified as an independent contractor?

Potentially, yes. Independent contractor classification does not automatically bar Jones Act coverage. Courts apply a multi-factor test examining the actual nature of the work relationship, not just the contract label. Staffing agency workers assigned to vessels may qualify as seamen depending on their work history. Employer misclassification of maritime workers as independent contractors is a documented tactic to reduce exposure. An attorney should review your employment documents and work history before accepting the employer's classification at face value.

What happens if the offshore incident was partly my fault?

Under the Jones Act, contributory fault reduces but does not eliminate your recovery. Jones Act comparative negligence is proportional. A 30% at-fault finding reduces your damages by 30%, not to zero. For OCSLA platform claims governed by Louisiana law, the [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109387) 51% bar applies: fault at or above 51% eliminates your Louisiana-law recovery. For LHWCA employer compensation claims, your fault does not reduce the compensation benefit at all. The impact of your fault depends entirely on which framework governs which part of your claim, which is why the initial framework analysis matters.

Bossier City Offshore Accident Lawyers

Offshore work from the Bossier City area follows a specific pattern. Workers rotate out on 14/14 or 21/21 schedules. They drive to an airfield or port, board a helicopter or crew boat, and spend weeks on a platform or vessel in the Gulf. When something goes wrong out there, federal maritime law governs what happens next. Not Louisiana state tort law. Not standard workers compensation.

No one researches offshore accident attorneys until they need one. Something happened. This page explains the federal frameworks that determine what you can recover, what deadlines apply, and what specific steps protect your claim. Morris & Dewett has handled maritime injury cases for over 20 years. Take your time, read what's here, and reach out when you're ready.

Which Federal Law Governs Your Offshore or Maritime Claim?

Three federal frameworks govern most offshore injury claims: the Jones Act (46 U.S.C. 30104), the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.), and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). Louisiana maritime injury lawyers handle claims across all three frameworks statewide. Which framework applies determines your standard of liability, the damages you can recover, the deadline to file, and the court that has jurisdiction.

Getting the framework wrong is not a minor procedural error. It can mean filing in the wrong court, missing the correct deadline, or pursuing a remedy that does not actually apply to your employment classification. Employers and their insurers know this. Misidentifying your own legal framework is one of the primary ways offshore injury claims fail before they start.

The Red River creates a specific local wrinkle for Bossier Parish workers. Barge, towboat, and ferry incidents on the navigable Red River are governed by general maritime law, not Louisiana state tort law. Workers injured on Red River vessels may have Jones Act or general maritime claims even without Gulf platform work. 26th Judicial District Court, Bossier Parish, handles state-law claims. The U.S. District Court, Western District of Louisiana (Shreveport Division) handles federal maritime claims.

Ask any attorney you consult what framework governs your claim and why. They should be able to explain seaman status analysis, tell you which court to file in, and identify the correct defendant within the first meeting. For answers to the most frequently asked maritime law questions, see our dedicated resource. If that answer is vague, that is information.

Jones Act Claims for Bossier City Area Seamen

The Jones Act gives maritime workers a lower causation bar than Louisiana state negligence law. Your employer's negligence need only play the "slightest" role in causing your injury. That is a meaningful legal advantage. It is not a guarantee of recovery, but it reduces the burden of proof compared to what you would face in state court.

Two separate claims run alongside a Jones Act negligence claim. Unseaworthiness is a strict liability claim against the vessel owner. You do not have to prove the owner knew about the dangerous condition. Maintenance and Cure is a separate obligation. Your employer owes you a daily living allowance and all medical costs from the date of injury until you reach MMI regardless of who was at fault. Willful withholding of maintenance and cure can support a punitive damages claim.

Available damages under the Jones Act are broader than standard workers compensation: past and future lost wages, medical expenses, pain and suffering, and non-economic damages. This is one reason employers aggressively contest seaman status. Independent contractor classification is a common tactic. It does not automatically bar Jones Act coverage. Courts look at the nature of the work and the employment relationship, not just what the contract says.

When you speak with a maritime attorney, ask specifically about their experience litigating seaman status disputes. Employers contest classification at the outset of nearly every Jones Act case. An attorney who has not handled contested seaman status cases is not prepared for the full scope of the claim. Morris & Dewett evaluates classification questions at the initial consultation, including reviewing employment contracts and work history before advising on your best legal framework.

Workers Compensation Claims

LHWCA and OCSLA Coverage for Non-Seamen

Workers who do not qualify as Jones Act seamen may be covered by the Longshore and Harbor Workers' Compensation Act or OCSLA, depending on where they work. These frameworks apply to dockworkers, harbor workers, and platform workers who spend most of their time on fixed structures rather than vessels. The Longshore and Harbor Workers' Compensation Act covers dockworkers, harbor workers, and maritime workers who work primarily on shore or on fixed structures. The LHWCA pays 66 and 2/3 percent of your average weekly wage, capped at the national average weekly wage, and covers all related medical expenses.

The LHWCA is an administrative compensation system, not a tort lawsuit. But it does not eliminate your right to sue negligent third parties. If a vessel owner, crane operator, or contractor caused your injury, you can pursue a tort claim against them in addition to your employer compensation claim. The LHWCA lien means your employer recoups compensation paid from any third-party tort recovery. A maritime attorney needs to structure both claims together.

The OCSLA fixes platform workers on the outer continental shelf under a specific framework. State-law claims under Louisiana law proceed in federal court. The two-year prescriptive period under La. C.C. Art. 3493.11 (effective July 1, 2024) applies to these claims.

La. R.S. 9:2780 is the Louisiana Oilfield Indemnity Act. It voids contract clauses that shift injury liability from operators to contractors in oilfield operations. Operators cannot contract their way out of responsibility for injuries caused by their own negligence. Ask any attorney you are considering whether they have experience with multi-defendant offshore platform cases where both OCSLA and La. R.S. 9:2780 apply.

Common Causes of Offshore and Maritime Injuries

The Bureau of Safety and Environmental Enforcement reported 203 offshore injuries from U.S. outer continental shelf operations in 2023, along with 149 fire incidents and 8 vessel collisions. That same year, 5 separate loss-of-well-control events were recorded. In 2021, BSEE documented 164 injuries. These numbers reflect incidents on the OCS alone; they do not include injuries on vessels in transit, inland waterways, or port facilities.

Falls from height are the most consistent injury cause: platform decks, drill floors, scaffolding, and gangways. Crane and lifting gear failures include wire rope failure, overload, rigging defects, and deck crew errors. Toxic gas exposure, particularly H2S and benzene, creates injuries that may not present symptoms until weeks after the incident. See our industrial accident questions for more on chemical exposure and refinery injury claims. Boat transfer accidents during personnel basket and Jacob's ladder operations are a documented high-risk operation at every platform.

Workers from Bossier City and the Shreveport-Bossier area commute to Gulf platforms from oilfield service companies, including major regional employers. That commute itself carries risk. In February 2026, a pipeline rupture and explosion near Holly Beach in Cameron Parish injured a worker during maintenance on an offshore-connected LNG line. Earlier that month, a 12,600-gallon crude oil spill at the Louisiana Offshore Oil Port facility near Port Fourchon required 250 personnel and 32 vessels to contain. Incidents in this industry are ongoing.

Transportation Injuries: Helicopters and Crew Boats

Between 2013 and 2018, helicopter transport to oil and gas platforms resulted in 28 fatal accidents, 59 total accidents, and 147 fatalities among offshore workers. Transportation to job sites accounts for more offshore worker fatalities than on-site work itself. Transportation to job sites accounts for more offshore worker fatalities than on-site work. Offshore workers face a mortality rate approximately seven times higher than other U.S. professions.

Workers injured traveling to or from an offshore platform have compensable claims. Whether the Jones Act, LHWCA, or general maritime law applies depends on employment classification, the nature of the vessel, and the specific circumstances of the injury. Seaman status analysis applies from the moment of embarkation. A crew boat is a vessel in navigation. A worker injured on a crew boat during transit may be a seaman for purposes of that claim even if the platform work itself falls under LHWCA.

DOHSA applies when a worker dies during offshore transport more than three nautical miles from shore. Helicopter and crew boat fatalities in deep-water areas may fall under DOHSA rather than the Jones Act.

The helicopter operator is often a separate defendant from the oil company that employed the worker. Third-party liability claims against helicopter operators and crew boat companies survive under general maritime law even where LHWCA applies to the employer relationship. Ask any attorney you consult whether they routinely handle three-party maritime claims and whether they have specific experience with helicopter crash litigation.

Injured workers transported back to the Bossier City area are typically treated at Willis-Knighton Bossier Health Center for initial care. Severe trauma cases are transferred to Ochsner LSU Health Shreveport, the regional Level I trauma center. Documenting your treatment chain from the platform to these facilities is part of the medical record evidence that supports your claim.

What Evidence Do You Need to Preserve After an Offshore Injury?

Offshore evidence disappears on a schedule. Platform eyewitnesses rotate off on fixed schedules and may be unreachable within days of an incident. Vessel voyage data recorders overwrite continuously. Drug testing results exist for a defined retention period. Safety inspection records, maintenance logs, and personnel rosters are held by the operator or vessel owner, not by you.

Preservation demands must go out immediately. They must reach every party with custody of relevant records: the vessel owner, the platform operator, any contractor involved, and the helicopter or crew boat company if transport was involved. The preservation letter must identify specific items. Those items include vessel logs and voyage data, maintenance records, drug testing results, personnel rosters and work schedules, radio communications, and CCTV footage from platform and vessel cameras.

The U.S. Coast Guard investigates significant offshore casualty events, and the BSEE conducts parallel investigations for OCS incidents. Those reports become public but take months to finalize. Do not wait for the government investigation before preserving your own evidence. FOIA requests to both agencies can produce investigation documents once complete.

Expert witnesses matter in maritime cases. Marine safety consultants, accident reconstruction specialists, and vocational economists for lost earnings projections are standard in contested offshore claims. Ask any attorney you consider whether they retain these experts routinely or only after a case has reached litigation. The earlier these experts are engaged, the more complete the evidence record.

Louisiana Tort Reform and Comparative Fault in Maritime Claims

The Jones Act has its own comparative negligence rule. Your fault reduces your damages proportionally but does not bar recovery entirely. Under Jones Act comparative negligence, a worker who is 70% at fault can still recover 30% of their damages. This is meaningfully more favorable than Louisiana state law.

Comparative Fault changed in Louisiana effective January 1, 2026. Under La. C.C. Art. 2323, if you are 51% or more at fault, you recover nothing from Louisiana state law claims. For OCSLA platform claims that proceed under Louisiana surrogate law, this 51% bar applies.

Insurance defense teams build their strategy around pushing plaintiff fault above 50% in fixed-platform cases. It is a complete bar to recovery. The counter-strategy has to begin at the evidence-gathering stage, before the insurance company's investigators have established their narrative. Ask any attorney you consider how they specifically approach comparative fault disputes in platform cases, and what steps they take before litigation to document fault allocation.

Prescriptive Period for Louisiana-law OCSLA claims is two years from the date of injury under La. C.C. Art. 3493.11. The Jones Act statute of limitations is three years from injury under 46 U.S.C. 30106. The LHWCA deadline is one year from the date of injury or last compensation payment. The LHWCA deadline is the shortest of any maritime framework. Missing it eliminates administrative remedies entirely.

If an attorney quotes you a deadline that does not match the framework that applies to your claim, that is a red flag. The wrong deadline on the wrong claim is a recoverable error only if caught before the real deadline expires.

Retaliation Protections for Offshore Workers

Federal law prohibits retaliation against offshore workers who file injury claims or report safety violations. Two statutes apply.

The Seaman's Protection Act (46 U.S.C. 2114) covers retaliation for reporting safety violations to the U.S. Coast Guard or other authorities. Remedies include reinstatement, back pay, and compensatory damages. The LHWCA anti-retaliation provision (33 U.S.C. 948a) prohibits discharge, discrimination, or blacklisting for filing or pursuing compensation claims.

Retaliation does not always look like immediate termination. Removal from rotation, reduction in hours, changes to your work assignment, or sudden negative performance reviews after filing a claim are all retaliation indicators. A retaliation claim is independent of the underlying injury claim. Both can proceed at the same time.

Documentation is the critical element in any retaliation claim. Keep copies of every communication with your employer before and after the incident, prior performance reviews, and records of your work assignment history. Document any changes in treatment with dates and specifics. The retaliation claim lives or dies on the before-and-after comparison.

Ask any attorney you consult about retaliation whether they have experience filing Seaman's Protection Act complaints with the Department of Labor and pursuing LHWCA anti-retaliation claims. These are procedurally distinct from the injury claim. An attorney who handles only the injury case and not the retaliation piece is leaving a remedy on the table.

Frequently Asked Questions

Am I a seaman under the Jones Act if I work on a platform, not a ship?: It depends on your work history and the nature of the platform. A floating drilling rig that moves between locations is a vessel, and workers who spend significant time aboard may qualify as seamen. Fixed platforms are not vessels under the Jones Act. Workers primarily assigned to fixed platforms typically fall under LHWCA or OCSLA instead. Workers who rotate between vessels and fixed platforms require a case-specific analysis. Courts look at the percentage of work time spent on vessels in navigation over the preceding 30 days or the reference period applicable to the claim.
What is maintenance and cure and how long does it last?: Maintenance is a daily living allowance your employer pays from the date of injury until you reach Maximum Medical Improvement. Cure covers all medical treatment reasonably related to your maritime injury, also until MMI. Both are owed regardless of fault. Your own negligence does not reduce them. Current maintenance rates vary but are often set by collective bargaining agreements or court precedent applicable to your vessel. Employers who willfully delay or deny maintenance and cure payments can face punitive damages under general maritime law.
I was injured on a helicopter flight to a platform. Do I have a claim?: Yes. Workers injured during helicopter or crew boat transport to or from an offshore platform have claims under maritime law. The applicable framework depends on your employment classification and the specific circumstances. If you qualify as a seaman, Jones Act claims apply. If LHWCA governs your employment, you retain third-party tort rights against the helicopter operator or crew boat company even if your employer-related claim runs through the compensation system. The helicopter operator is a separate potential defendant from your employer, and general maritime law negligence claims against them proceed independently.
How long do I have to file a maritime injury claim in Louisiana?: The deadline depends on which law governs your claim. Jones Act claims: three years from the date of injury under [46 U.S.C. 30106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106). LHWCA administrative claims: one year from the date of injury or last compensation payment. OCSLA fixed-platform claims under Louisiana surrogate law: two years from the date of injury under [La. C.C. Art. 3493.11](https://legis.la.gov/legis/Law.aspx?d=109386) (effective July 1, 2024). The LHWCA deadline is the shortest. If you miss it, administrative remedies are gone. Identifying the correct deadline requires knowing which framework applies first.
Can my employer fire me for filing an offshore injury claim?: Federal law prohibits it. The Seaman's Protection Act ([46 U.S.C. 2114](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2114)) and the LHWCA anti-retaliation provision ([33 U.S.C. 948a](https://www.govinfo.gov/content/pkg/USCODE-2020-title33/html/USCODE-2020-title33-chap18-sec948a.htm)) both prohibit termination, demotion, or blacklisting for filing claims or reporting safety violations. Remedies include reinstatement, back pay, and compensatory damages. The retaliation claim proceeds independently of the injury claim. You do not have to wait for the injury case to resolve before pursuing retaliation remedies.
What is the difference between the Jones Act and LHWCA?: The Jones Act is a negligence lawsuit that a seaman files against their employer in federal court. It provides full tort damages including non-economic damages and pain and suffering. The LHWCA is an administrative compensation system, similar to workers compensation, for maritime workers who do not qualify as seamen. LHWCA pays a percentage of lost wages and medical expenses but does not include non-economic damages from the employer. LHWCA claimants retain tort rights against negligent third parties other than their employer. The two frameworks are mutually exclusive at the employer level. A worker cannot collect both.
Does Louisiana's 51% comparative fault rule apply to my offshore case?: It depends on which framework governs your claim. Jones Act claims use maritime comparative negligence. Your fault reduces your recovery proportionally but does not bar it, even if you are 80% at fault. For OCSLA fixed-platform claims that proceed under Louisiana surrogate law, [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109387) applies. That means if you are 51% or more at fault, you recover nothing. The 51% bar does not apply to Jones Act vessel claims. Knowing which standard applies before the insurance company builds their fault narrative is one of the most important reasons to retain a maritime attorney early.
How much does hiring a maritime injury attorney cost?: Morris & Dewett handles offshore injury cases on a contingency fee basis. You pay no attorney fees unless there is a recovery. No upfront costs, no retainer. If the case does not resolve in your favor, you owe nothing in attorney fees. Contingency representation is standard in maritime personal injury cases. It aligns the attorney's interest directly with the outcome of your claim.
Am I covered if I was hired through a staffing agency or classified as an independent contractor?: Potentially, yes. Independent contractor classification does not automatically bar Jones Act coverage. Courts apply a multi-factor test examining the actual nature of the work relationship, not just the contract label. Staffing agency workers assigned to vessels may qualify as seamen depending on their work history. Employer misclassification of maritime workers as independent contractors is a documented tactic to reduce exposure. An attorney should review your employment documents and work history before accepting the employer's classification at face value.
What happens if the offshore incident was partly my fault?: Under the Jones Act, contributory fault reduces but does not eliminate your recovery. Jones Act comparative negligence is proportional. A 30% at-fault finding reduces your damages by 30%, not to zero. For OCSLA platform claims governed by Louisiana law, the [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109387) 51% bar applies: fault at or above 51% eliminates your Louisiana-law recovery. For LHWCA employer compensation claims, your fault does not reduce the compensation benefit at all. The impact of your fault depends entirely on which framework governs which part of your claim, which is why the initial framework analysis matters.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.