Maritime work in Louisiana carries unique risk. Offshore oil rigs, cargo vessels, fishing boats, and harbor operations all present hazards that can cause serious injury. No one researches maritime injury lawyers for fun. Something happened, and you need answers.
This page explains what maritime injury claims involve in Louisiana, which federal laws protect you, what filing deadlines apply, and when you should talk to an attorney. Morris & Dewett has handled maritime injury cases for over 25 years. Read through it. Compare us to other firms. Reach out when you're ready.
We only accept real cases with real injuries.
Why Maritime Law Is Different
Maritime injury claims don't follow the same rules as standard personal injury cases. When you're injured on navigable waters or as part of offshore work, federal maritime law controls your case instead of state law. This matters because maritime law provides different protections, different filing deadlines, and different remedies than Louisiana personal injury law.
Several factors make maritime cases more complex:
- Jurisdictional issues: International waters, state boundaries, and territorial limits affect which courts hear your case and which laws apply.
- Jones Act claims for seamen: If you qualify as a seaman, you can sue your employer for negligence. This is different from most land-based workers who are limited to workers' compensation.
- Maintenance and cure benefits: These are daily living expenses and medical costs you can claim regardless of fault. Your employer owes these benefits if you were injured while in service to the vessel.
- Offshore injury litigation: Multiple parties may be liable including vessel owners, equipment manufacturers, and third-party contractors. Extensive federal regulations govern safety standards.
- Seaman's rights and vessel unseaworthiness: Vessel owners have a duty to provide a seaworthy vessel. If defective equipment or conditions contribute to your injury, you may have an unseaworthiness claim separate from negligence.
- Injuries aboard oil rigs, platforms, and ships: The type of work you do and where you do it determines which maritime laws apply to your case.
Types of Maritime Claims
Several different types of claims exist under maritime law. Understanding which applies to your situation determines what compensation you can seek and what filing deadlines you must meet.
Jones Act Lawsuits
The Jones Act protects seamen who are injured due to their employer's negligence. To qualify as a seaman, you must have a connection to a vessel in navigation and spend at least 30% of your work time in service to that vessel. Deckhands, engineers, captains, and other vessel crew typically qualify.
Jones Act claims let you sue your employer for negligence, which is different from standard workers' compensation. You must prove that your employer's negligence contributed to your injury, even if other factors were also involved. You have 3 years from the date of injury to file a Jones Act claim.
Unseaworthiness Claims
Vessel owners have a legal duty to provide a seaworthy vessel. This means the vessel, its equipment, and its crew must be reasonably fit for their intended purpose. Defective equipment, inadequate manning, improper training, and unsafe conditions can all make a vessel unseaworthy.
Unseaworthiness is a strict liability claim. You don't need to prove negligence. You only need to show that an unseaworthy condition existed and contributed to your injury. This claim is separate from Jones Act negligence and has a 3-year filing deadline.
Maintenance and Cure
Maintenance and cure are benefits you can claim if you were injured or became ill while in service to a vessel. Maintenance is a daily living allowance. Cure is your medical treatment. These benefits are owed regardless of fault, so even if you caused your own injury, your employer must pay maintenance and cure until you reach maximum medical improvement.
Employers sometimes try to cut off maintenance and cure early or dispute whether an injury happened in service to the vessel. If your employer denies or terminates your benefits without justification, you may be entitled to attorneys' fees and penalties.
Wrongful Death at Sea
The Death on the High Seas Act (DOHSA) provides wrongful death remedies when someone dies beyond three nautical miles from shore. Family members can recover pecuniary losses, which means financial contributions the deceased would have provided. DOHSA has a 3-year filing deadline from the date of death.
Longshore and Harbor Workers' Compensation
The Longshore and Harbor Workers' Compensation Act (LHWCA) covers workers who are injured on navigable waters or in adjoining areas like docks, piers, and terminals, but who don't qualify as seamen. Longshoremen, shipbuilders, harbor workers, and ship repairers typically fall under LHWCA.
LHWCA provides medical benefits and wage replacement similar to workers' compensation, but the coverage and benefits differ from Louisiana state workers' comp. You have 1 year to file for benefits under LHWCA, and an additional 1 year to file third-party claims against parties other than your employer.
Who We Represent
Morris & Dewett represents maritime workers injured in Louisiana waters and offshore operations. Our clients include:
- Oil and gas rig workers: Roughnecks, roustabouts, drillers, and toolpushers working on offshore platforms in the Gulf of Mexico.
- Commercial fishermen: Captains and crew working on fishing vessels operating from Louisiana ports.
- Cargo ship and freighter crew: Seamen working on vessels transporting goods through Louisiana waterways and the Gulf.
- Deckhands, engineers, and stewards: Crew members performing various duties aboard vessels in navigation.
- Harbor workers and longshoremen: Workers loading and unloading cargo, building ships, or repairing vessels at Louisiana ports.
- Cruise ship passengers: Passengers injured due to negligence or unsafe conditions aboard cruise vessels.
- Shipyard employees: Workers constructing, repairing, or maintaining vessels at Louisiana shipyards.
Maritime Injuries We Handle
Maritime work creates specific injury risks. The injuries we see most often in Louisiana maritime cases include:
- Head, neck, and spinal injuries: Falls on deck, struck-by accidents, and vessel collisions can cause traumatic brain injuries and spinal cord damage.
- Amputations or crush injuries: Heavy equipment, winches, and machinery can catch limbs or crush workers between moving parts.
- Slips and falls onboard: Wet decks, unmarked hazards, and rough seas contribute to slip and fall accidents that cause fractures, head injuries, and soft tissue damage.
- Fires, explosions, and toxic exposure: Chemical leaks, gas explosions, and equipment fires can cause severe burns and respiratory injuries.
- Equipment malfunctions: Defective cranes, winches, hoists, and other equipment can fail and cause serious injury.
- Falling overboard: Workers who fall into the water face drowning, hypothermia, and impact injuries.
- Repetitive strain injuries: Repeated lifting, pulling, and physical labor cause back injuries, joint damage, and cumulative trauma.
- Wrongful death: The most serious maritime accidents claim workers' lives, leaving families to pursue compensation under DOHSA or state wrongful death law.
Louisiana Ports and Offshore Locations
Louisiana's maritime industry operates throughout the state and into the Gulf of Mexico. Morris & Dewett handles cases involving workers injured at these locations:
- New Orleans: One of the busiest ports in the United States, handling cargo ships, cruise vessels, and offshore supply operations.
- Baton Rouge: A key transportation hub on the Mississippi River serving industrial and petrochemical facilities.
- Houma: Located in the heart of Louisiana's oil and gas region, serving as a base for offshore operations.
- Lafayette: A major hub for offshore oil and gas operations with extensive maritime service companies.
- Lake Charles: Home to the Calcasieu Ship Channel and industrial port facilities.
- Port Fourchon: The primary port for Gulf of Mexico offshore oil operations, handling crew changes and supply vessels.
- Morgan City: A center for shipyards and offshore support services.
- Gulf of Mexico offshore platforms: Oil rigs and production platforms operated throughout Louisiana's offshore waters.
If you were injured while working at any Louisiana port, on a vessel in Louisiana waters, or on an offshore platform, maritime law may provide you with legal protections beyond standard workers' compensation.
What Should I Do After a Maritime Accident?
When a maritime accident happens, take as many of these steps as possible to protect your rights, your health, and a potential claim for compensation:
- 01 Seek Immediate Medical Attention Your health comes first. Get medical evaluation even if injuries seem minor. Document all treatment because it creates a record for your claim.
- 02 Report the Incident to the Vessel Master or Employer Report the accident to the vessel master or your employer immediately. This creates an official record and triggers your right to maintenance and cure.
- 03 Request Maintenance and Cure Benefits If you were injured in service to a vessel, you're entitled to maintenance and cure regardless of fault. Request these benefits in writing.
- 04 Document the Scene and Equipment Take photos of the accident scene, defective equipment, and hazardous conditions. Write down what happened while details are fresh.
- 05 Gather Witness Information Get names and contact information for any crew members or others who witnessed the accident. They may be hard to locate later.
- 06 Preserve All Evidence Keep copies of medical records, incident reports, vessel logs, photos, and any documentation related to the accident.
- 07 Do Not Give Recorded Statements Avoid giving recorded statements to insurance adjusters or your employer's legal team without first speaking to an attorney.
- 08 Contact a Maritime Injury Attorney Maritime law has different rules and deadlines than standard injury cases. An attorney can protect your rights and pursue all available claims.
After a maritime accident, vessel owners and insurers protect their own interests first. They may try to cut off your maintenance and cure benefits early or dispute whether you qualify as a seaman. An attorney can help you avoid or overcome those challenges.
Filing Deadlines for Maritime Claims
Maritime claims have different filing deadlines than Louisiana state law personal injury cases. Missing your deadline eliminates your right to compensation, so understanding which deadline applies to your case is critical.
Federal Maritime Law Deadlines
Most maritime injury claims are governed by federal law, not Louisiana state law. These are the key deadlines:
- Jones Act claims: 3 years from the date of injury. This applies to seamen injured due to employer negligence.
- General maritime negligence and unseaworthiness claims: 3 years from the date of injury.
- Longshore and Harbor Workers' Compensation Act (LHWCA): 1 year to file for benefits from the date of injury or from the date you knew or should have known the injury was work-related. You have an additional 1 year to file third-party claims against parties other than your employer.
- Death on the High Seas Act (DOHSA): 3 years from the date of death for wrongful death claims occurring beyond three nautical miles from shore.
Louisiana State Law Deadlines for Maritime Cases
Some maritime cases may fall under Louisiana state law instead of federal maritime law. For those cases:
- For injuries that occurred on or after July 1, 2024, you have 2 years from the date of injury to file a claim.
- For injuries before July 1, 2024, the deadline was 1 year from the date of injury.
Determining which law applies and which deadline controls your case requires analysis of where the injury happened, what type of work you do, and what vessel or location was involved. Don't assume you have more time. Talk to an attorney early to protect your rights.
What Compensation Is Available for Maritime Injury Cases?
The compensation available in your case depends on which maritime claims apply. Different claims provide different types of recovery.
Jones Act and General Maritime Claims
If you have a Jones Act negligence claim or a general maritime unseaworthiness claim, you can recover:
- Medical expenses, including past and future treatment costs
- Lost wages and diminished earning capacity
- Rehabilitation and physical therapy expenses
- Pain and suffering
- Mental anguish and emotional distress
- Disability-related costs and accommodations
- Disfigurement compensation
Maintenance and Cure
Maintenance and cure benefits are owed regardless of fault if you were injured in service to a vessel. These include:
- Maintenance: A daily living allowance to cover rent, utilities, and basic living expenses while you recover.
- Cure: All reasonable and necessary medical treatment until you reach maximum medical improvement.
If your employer wrongfully denies or terminates your maintenance and cure, you may also recover attorneys' fees and penalties.
Longshore and Harbor Workers' Compensation
LHWCA provides benefits similar to workers' compensation:
- Medical treatment for your injury
- Wage replacement benefits based on your average weekly wage
- Vocational rehabilitation if you can't return to your prior work
- Death benefits for surviving family members
You may also have third-party claims against negligent parties other than your employer, which can provide additional compensation.
Louisiana Comparative Fault in Maritime Cases
If Louisiana state law applies to your case, comparative fault rules may reduce your recovery. For injuries on or after January 1, 2026, Louisiana follows a modified 51% comparative fault bar. If you are 50% at fault, you can still recover compensation. If you are 51% or more at fault, you cannot recover anything. For injuries before January 1, 2026, pure comparative fault applies.
Many maritime claims are governed by federal law, not Louisiana state law, so comparative fault may not apply to your case. This is another reason why understanding which laws govern your claim is important.
Why Choose Morris & Dewett for Your Maritime Injury Case
Maritime law is complex. Federal statutes, international treaties, and Louisiana state law can all intersect in a single case. Vessel owners, oil companies, and their insurers have legal teams protecting their interests. You need experienced representation that understands both the law and the maritime industry.
Morris & Dewett has handled maritime injury cases for over 25 years. We understand Jones Act claims, maintenance and cure disputes, unseaworthiness claims, and LHWCA benefits. We know how to investigate vessel accidents, identify all liable parties, and build cases that position our clients to recover fair compensation.
Prepare for Trial, Negotiate From Strength
The fastest way to settle a case is to prepare for trial. Insurance companies know which firms will go to court and which will not. Our practice is exclusively injury law. Maritime companies know we prepare for trial. They know the results we have achieved for others. This positions our clients to get fair offers sooner.
Trusted by Other Attorneys
Other attorneys refer their maritime cases to Morris & Dewett. Defense attorneys on the other side have sent their loved ones to us after seeing the quality of our work firsthand.
We work with maritime experts, medical specialists, and investigators who understand offshore operations. We only take Real Cases with Real Injuries, which is why we work with the best professionals.
Our five-star reviews demonstrate that we focus on treating our clients well through the process. We have a people first, high touch, and transparent process. An initial consultation is confidential and costs nothing.
Frequently Asked Questions
- What is the Jones Act and does it apply to me?
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The Jones Act protects seamen who are injured due to their employer's negligence. To qualify as a seaman, you must have a connection to a vessel in navigation and spend at least 30% of your work time in service to that vessel. Deckhands, captains, engineers, and other vessel crew typically qualify. If you're a seaman, you can sue your employer for negligence, which is different from standard workers' compensation. You have 3 years from the date of injury to file a Jones Act claim.
- What is maintenance and cure?
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Maintenance and cure are benefits you can claim if you were injured or became ill while in service to a vessel. Maintenance is a daily living allowance that covers rent, utilities, and basic expenses. Cure is your medical treatment. These benefits are owed regardless of fault, so even if you caused your own injury, your employer must pay maintenance and cure until you reach maximum medical improvement. Employers sometimes try to cut off these benefits early or dispute whether an injury happened in service to the vessel.
- What makes a vessel unseaworthy?
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A vessel is unseaworthy when the vessel, its equipment, or its crew is not reasonably fit for its intended purpose. Defective equipment, inadequate manning, improper training, unsafe conditions, or malfunctioning gear can all make a vessel unseaworthy. This is a strict liability claim, meaning you don't need to prove negligence. You only need to show that an unseaworthy condition existed and contributed to your injury. Unseaworthiness claims have a 3-year filing deadline.
- Can I sue my employer for a maritime injury?
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It depends on your classification and the type of claim. If you qualify as a seaman under the Jones Act, you can sue your employer for negligence. This is different from most land-based workers who are limited to workers' compensation. You can also pursue maintenance and cure benefits and unseaworthiness claims. If you're covered under the Longshore and Harbor Workers' Compensation Act instead, you receive benefits similar to workers' comp but may have third-party claims against other negligent parties.
- What is the deadline to file a maritime injury claim?
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Maritime claims have different deadlines depending on the type of claim. Jones Act claims and general maritime negligence claims have a 3-year deadline from the date of injury. Unseaworthiness claims also have a 3-year deadline. The Longshore and Harbor Workers' Compensation Act gives you 1 year to file for benefits and an additional 1 year for third-party claims. The Death on the High Seas Act has a 3-year deadline from the date of death. These federal deadlines are often longer than Louisiana state law personal injury deadlines, but you still need to act promptly.
- What is the LHWCA and who does it cover?
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The Longshore and Harbor Workers' Compensation Act (LHWCA) covers workers who are injured on navigable waters or in adjoining areas like docks, piers, and terminals, but who don't qualify as seamen. Longshoremen, shipbuilders, harbor workers, and ship repairers typically fall under LHWCA. It provides medical benefits and wage replacement similar to workers' compensation, but the coverage and benefits differ from Louisiana state workers' comp. You have 1 year to file for benefits under LHWCA.
- What if my injury happened in international waters?
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Injuries in international waters are typically governed by federal maritime law, not Louisiana state law. The Jones Act, general maritime law, and unseaworthiness claims can apply regardless of where the injury occurred. For wrongful death cases beyond three nautical miles from shore, the Death on the High Seas Act (DOHSA) provides remedies for surviving family members. Jurisdictional issues can be complex when injuries happen in international waters, so consulting with an experienced maritime attorney is important.
- What compensation is available for maritime injuries?
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The compensation available depends on which maritime claims apply to your case. Jones Act and unseaworthiness claims can provide medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and disability-related costs. Maintenance and cure benefits cover daily living expenses and medical treatment until you reach maximum medical improvement. LHWCA provides medical benefits and wage replacement. Multiple claims may apply to a single injury, so having an attorney evaluate all available remedies is important.
- What should I do after an offshore accident?
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Seek immediate medical attention, even for seemingly minor injuries. Report the accident to the vessel master or your employer right away. Request maintenance and cure benefits in writing if you were injured in service to a vessel. Document the scene with photos if possible. Gather witness names and contact information. Preserve all evidence, medical records, and vessel logs. Do not give recorded statements to insurance adjusters without first consulting an attorney. Contact an experienced maritime injury lawyer as soon as possible to protect your rights.
- What if I was partially at fault for my maritime accident?
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For maintenance and cure benefits, fault does not matter. You're entitled to these benefits if you were injured in service to a vessel, regardless of who caused the injury. For Jones Act negligence claims, your employer only needs to be negligent in some degree. Even if other factors contributed to your injury, you can still recover if employer negligence played any part. If Louisiana state law applies instead of federal maritime law, comparative fault rules may reduce your recovery based on your percentage of fault.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.