What is the Jones Act and does it cover offshore oil rig workers?

The Jones Act ([46 U.S.C. § 30104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104)) gives qualifying seamen the right to sue their employer for negligence and recover full tort damages including pain and suffering. Whether an offshore oil rig worker qualifies depends on whether they are assigned to a vessel in navigation. A worker on a drilling vessel or a mobile offshore drilling unit that moves between locations can qualify as a seaman. A worker on a fixed production platform generally cannot. The vessel-versus-fixed-structure distinction is frequently litigated and depends on specific facts about the platform and the worker's assignment.

How is a maritime injury claim different from a regular personal injury claim?

Maritime injury claims are governed by federal law, not Louisiana state tort law. The applicable statute depends on what type of worker you are and where you were working. The deadlines differ from Louisiana's standard two-year personal injury deadline. Jones Act claims have a three-year deadline. LHWCA claims require a formal administrative filing within one year. The negligence standard, available damages, and court procedures differ from standard personal injury litigation. A Louisiana attorney who handles maritime cases as an occasional sideline may not know these differences.

What is maintenance and cure and how much will my employer pay?

Maintenance is a daily living allowance your employer owes during your recovery regardless of fault. The legally required rate depends on your actual living costs and applicable case law in your circuit. Many employers pay $35 per day or less, which courts have regularly found inadequate. Cure is all reasonable and necessary medical treatment until you reach Maximum Medical Improvement. If your employer refuses to pay maintenance and cure or pays below the required rate, that refusal is itself an independent tort claim. Willful refusal to pay can generate punitive damages. Full details are on the [maintenance and cure](/louisiana-maritime-injury-lawyers/maintenance-and-cure/) page.

How do I know if I qualify as a seaman under the Jones Act?

You likely qualify as a seaman if you spend more than 30% of your work time on a vessel in navigation and your work contributes to the function of that vessel. This includes offshore rig workers on drilling vessels, commercial fishermen on fishing boats, supply boat crew, tugboat and barge workers, and cargo ship crew. The 30% figure is a benchmark, not an absolute rule. Courts look at the totality of your work assignment. Employers contest seaman status because Jones Act claims carry full tort damages that LHWCA workers' compensation does not include. If your employer argues you are not a seaman, that dispute requires careful analysis of your job duties and vessel assignment.

What is the deadline to file a maritime injury claim in Louisiana?

The deadline depends on your legal framework. Jones Act claims have a three-year deadline under [46 U.S.C. § 30106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106). LHWCA claims require filing a formal claim with the Department of Labor within one year of injury or last compensation payment. Unseaworthiness claims under general maritime law are governed by laches with a three-year reference period. Louisiana's standard two-year personal injury deadline does not apply to Jones Act or LHWCA claims. An attorney who quotes you a two-year deadline for a maritime claim may be working from the wrong statute.

What is unseaworthiness and how is it different from negligence?

Unseaworthiness is a separate claim based on the shipowner's absolute duty to provide a vessel, equipment, and crew that are reasonably fit for their intended purpose. Negligence requires proving the employer or shipowner was careless. Unseaworthiness does not require that proof. You prove only that the vessel or its equipment was not reasonably fit and that condition caused your injury. The two claims are often pursued together for the same incident. Unseaworthiness can also reach vessel owners who were not your direct employer, expanding the pool of potential defendants. More information is on the [unseaworthiness claims](/louisiana-maritime-injury-lawyers/unseaworthiness-claims/) page.

Can I sue my employer for a maritime injury, or am I limited to workers' compensation?

It depends on your classification. Jones Act seamen can sue their employer directly for negligence and are not limited to workers' compensation. LHWCA workers receive workers' compensation benefits from their employer but retain a separate right to sue vessel owners in tort. If a vessel owner's negligence contributed to your injury, that third-party tort claim provides full damages including pain and suffering. Workers on fixed OCSLA platforms are generally covered by LHWCA for employer-related benefits but may have tort claims against third parties. Knowing which system applies to your situation determines whether you can sue your employer directly.

What happens if I was partially at fault for my offshore accident?

Under the Jones Act, comparative fault is pure. If you are partially at fault, your damages are reduced by your percentage of fault. There is no cutoff bar. A seaman who is 60% at fault can still recover 40% of their damages. Louisiana's comparative fault rule under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109387) applies a 51% bar to some OCSLA claims. If you are 51% or more at fault under that framework, you recover nothing. Knowing which fault standard applies to your claim is important because employers and their insurers routinely build their defense around pushing your fault percentage as high as possible.

Does Louisiana state law apply to my maritime injury claim?

Louisiana state law plays a limited and specific role in maritime claims. For OCSLA workers on fixed platforms, Louisiana law applies as surrogate federal law to the extent it is not inconsistent with federal law. For some workers who do not qualify under the LHWCA or Jones Act, Louisiana state tort law may apply. For most seamen and LHWCA workers, federal maritime law governs the substantive rights, deadlines, and remedies. The Louisiana Civil Code and state tort reform changes do not replace the Jones Act or LHWCA. They operate alongside federal law in situations where federal law does not preempt state law.

Can independent contractors file Jones Act claims?

Seaman status under the Jones Act focuses on the nature of your work and connection to a vessel, not on how your employment is formally classified. If a company labels you an independent contractor but you work full-time on a vessel under their direction, courts may find you qualify as a seaman. Employers sometimes use contractor classification specifically to avoid Jones Act liability. Courts look at the substance of the relationship, not just the contract label. If you were told you are an independent contractor but you spent most of your work time on a vessel performing seamanlike duties, a Jones Act claim is worth evaluating.

Can a maritime injury case settle without going to trial?

Yes. The majority of maritime injury cases, including Jones Act and LHWCA claims, resolve through settlement before trial. Settlement negotiations in maritime cases often involve the employer's maritime insurer, not just the employer directly. Maritime insurers have experienced claims personnel who handle these cases regularly. The value of a pre-trial settlement depends on the strength of your liability evidence and the completeness of your documented damages. It also depends on whether your attorney has the credibility to take the case to verdict if needed. Cases that settle early often do so at a discount because the employer's insurer calculates the plaintiff's appetite for litigation.

What should I do right after being injured on a vessel?

Report the injury in writing to your supervisor or employer before leaving the vessel. Request medical treatment immediately and note the date and time of the request. After emergency care, ask about seeing your own treating physician rather than only the company doctor. Do not sign any documents from the employer or their insurer without reviewing them with an attorney first. Take photos of the condition that caused your injury, and get the names and contact information of any witnesses. Do not discuss fault with the employer's representatives. Contact a maritime attorney before speaking with the insurance adjuster. These early steps preserve evidence and protect your legal options.

Louisiana Maritime Injury Lawyers

Maritime injury law is one of the most specialized areas of personal injury practice. The federal statutes are distinct from state law. The deadlines are different. The standards for proving employer liability are different. And the employer's legal team typically moves fast.

No one reads maritime lawyer websites for fun. Something happened offshore, on a vessel, or at a Louisiana port. You need to understand your options.

This page explains the federal laws that cover your situation, what compensation is available, and what the deadlines actually are. Morris & Dewett has handled maritime injury claims across Louisiana and the Gulf of Mexico for more than 25 years. Take your time. Read this. Compare your options. Reach out when you're ready.

Louisiana Maritime Injury Law: An Overview

Three federal statutes govern most maritime injury claims in Louisiana: the Jones Act, the LHWCA, and OCSLA. Which statute applies to your situation determines your legal rights, your available damages, and your filing deadlines. Louisiana sits at the center of North American maritime activity. The Port of South Louisiana ranked first nationally in dry bulk cargo tonnage in 2023, handling 135.8 million short tons. The Mississippi River corridor connects the heartland to global shipping. That volume of maritime commerce means a large workforce, and a large workforce means maritime injuries happen here regularly.

Three federal legal frameworks govern most Gulf of Mexico and navigable-water injury claims. The Jones Act (46 U.S.C. § 30104) covers seamen employed on vessels. The LHWCA (33 U.S.C. § 901 et seq.) covers longshoremen, harbor workers, and shipyard employees. The OCSLA (43 U.S.C. § 1331 et seq.) extends federal jurisdiction to fixed platforms and structures on the outer continental shelf.

Louisiana state tort law and the Louisiana Civil Code apply in narrower situations. Some dock workers who do not qualify under the LHWCA may have state law claims. Which legal framework applies to your situation is often the first and most important question in a maritime injury case.

Ask any attorney you speak with which legal framework applies to your situation and why. A general personal injury attorney who handles car accidents alongside offshore cases may not know the difference between a Jones Act claim and an LHWCA claim. That distinction determines your damages. Morris & Dewett handles maritime claims exclusively under federal maritime law, not as a sideline to general personal injury work.

Detailed information on each legal framework is available on the sub-pages for Jones Act claims, maintenance and cure, offshore accidents, offshore oil rig accidents, and unseaworthiness claims.

The Jones Act: Seaman Status and Your Right to Sue

The Jones Act gives qualifying seamen the right to sue their employer for negligence. That right does not exist under general maritime law, which limits injured workers to maintenance and cure only. The Jones Act changes the entire damage picture.

Seaman status is the threshold question. Two requirements must be met: contributing to the function of a vessel or fleet of vessels, and having a substantial connection to a vessel in navigation. Courts generally use the 30% work-time benchmark as a guide, though the analysis is fact-specific.

The Jones Act negligence standard is lower than common law. Your employer is liable even if the negligence contributing to your injury was slight. This matters because it shifts the burden significantly toward recovery. You do not need to prove the employer was reckless or grossly careless. You prove that some negligence, however minor, played a part in your injury.

Employers routinely dispute seaman status precisely to push workers into the LHWCA system, which caps damages and eliminates pain and suffering recovery. When your employer's legal team starts the conversation by arguing you were not a seaman, that is a signal. They know the difference the classification makes. Ask any attorney you are evaluating whether they have litigated seaman status disputes in federal court. The answer tells you whether they know this area of law.

Workers who typically qualify as seamen include offshore rig workers assigned to a drilling vessel, commercial fishermen on Gulf fishing vessels, cargo ship and tanker crew, tugboat and barge workers, and supply vessel crew servicing offshore platforms. More information is on the Jones Act claims page.

Maintenance and Cure: What Your Employer Owes You After a Maritime Injury

Your employer owes you Maintenance and cure from the date of your injury, regardless of fault. This obligation is one of the oldest in maritime law. It predates modern workers' compensation systems by centuries. Your injury does not need to have been caused by employer negligence.

Maintenance is a daily living allowance during recovery. Federal courts have set rates that employers frequently undercut. Many employers pay $35 or less per day. Current case law supports rates considerably higher, and courts have awarded maintenance at rates reflecting actual living costs when employers have been shown to be paying below their legal obligation.

Cure covers all reasonable and necessary medical treatment until you reach MMI. The employer's obligation ends at MMI, not when they decide treatment is no longer necessary. Employers often try to declare MMI prematurely through company doctors. That is a separate problem.

Willful failure to pay maintenance and cure is an independent tort. Courts can award punitive damages when an employer's refusal to pay is arbitrary or capricious. This is one of the few areas of maritime law where punitive damages are explicitly available.

When evaluating an attorney, ask how they handle disputes over maintenance rates and premature MMI determinations. Morris & Dewett challenges below-standard maintenance payments and disputes company doctor MMI findings with independent medical evaluations. Full details are on the maintenance and cure page.

Unseaworthiness: When the Vessel or Equipment Is the Problem

Unseaworthiness claims are often pursued alongside Jones Act claims for the same injury. They are distinct legal theories. Jones Act requires proving the employer's negligence played a part in the injury. Unseaworthiness requires only that the vessel or its equipment was not reasonably fit for its intended use.

The practical scope of unseaworthiness is broad. It covers defective deck equipment, slippery surfaces without adequate non-slip protection, improperly maintained cranes and rigging, unsafe tools, and an incompetent or under-trained crew. The condition does not need to be a major defect. A single piece of equipment that failed its intended function can support an unseaworthiness claim.

Because unseaworthiness does not require proving negligence, it can reach defendants that a Jones Act claim cannot. The shipowner may be a separate entity from the employer. A third-party vessel owner who leased the vessel to your employer can be liable for unseaworthiness even though they were not your employer.

Ask any maritime attorney you speak with whether they evaluate unseaworthiness as a separate theory from Jones Act negligence. These claims should be analyzed together. An attorney who focuses only on Jones Act and does not analyze the unseaworthiness angle may leave a viable recovery path unexplored. More information is on the unseaworthiness claims page.

The LHWCA: Coverage for Dock Workers and Shipyard Employees

The Longshore and Harbor Workers' Compensation Act covers workers who perform maritime-related work on navigable waters or adjacent land areas but do not qualify as seamen under the Jones Act. Covered workers include longshoremen, harbor workers, shipyard employees, ship repairers, ship cleaners, and certain dock workers.

The LHWCA provides a workers' compensation track -- medical benefits, two-thirds of your average weekly wage as temporary total disability, permanent impairment rated using scheduled injury tables, and vocational rehabilitation. It also preserves a third-party tort right against vessel owners. That third-party right is important: if a vessel owner's negligence contributed to your injury, you can sue the vessel owner in tort even if your employer is shielded from negligence claims.

Benefits are administered through the Department of Labor's Office of Workers' Compensation Programs. Claims must be filed within one year of injury or last payment of compensation. The administrative process has its own set of procedural rules that differ from both state workers' compensation and federal court litigation.

The key limitation: LHWCA workers' compensation does not include pain and suffering damages. If a vessel owner's negligence played a role in your injury, the third-party tort claim is where those damages live. Missing the third-party claim by focusing only on the workers' comp track is a significant error.

Ask an attorney whether they have experience with LHWCA proceedings before the Benefits Review Board as well as third-party vessel owner tort claims. The two-track nature of LHWCA cases requires experience in both. Louisiana ports ranked among the top ten nationally in cargo tonnage in 2023. Port of New Orleans, Port of Greater Baton Rouge, and Lake Charles Harbor District all generate substantial LHWCA claim volume.

OCSLA: Offshore Workers on Fixed Platforms

The Outer Continental Shelf Lands Act extends federal jurisdiction to fixed platforms, structures, and installations on the outer continental shelf. If you work on a fixed production platform in the Gulf of Mexico, OCSLA is likely the statute governing your situation.

Workers on fixed platforms typically cannot claim Jones Act seaman status because a fixed platform is not a vessel in navigation. This distinction matters enormously for damages. The vessel-versus-fixed-structure classification is litigated regularly, and the line is not always obvious. A jack-up rig may qualify as a vessel when it is in transit or not standing on its legs. A fixed production platform almost never does.

OCSLA workers are generally covered by LHWCA for benefits. Adjacent state law, typically Louisiana law, applies as surrogate federal law under OCSLA when it is not inconsistent with federal law. This means Louisiana's Comparative Fault rules and the Louisiana Civil Code become relevant to OCSLA claims.

Plaquemines Port, spanning 1,691 acres with 81 miles of deep-draft channel, serves as a major logistics base for offshore energy operations and a primary transit point for workers traveling to and from Gulf fixed platforms. Offshore energy workers departing from or returning to Louisiana ports are a significant portion of OCSLA injury cases.

Ask any attorney you are evaluating whether they can tell you whether the structure you were working on qualifies as a vessel under maritime law. This is not a trivial question. Getting it wrong means pursuing a Jones Act claim that the court will dismiss, or missing a Jones Act claim by assuming fixed-platform rules apply. Morris & Dewett has litigated the vessel-versus-fixed-structure classification in federal court. Detailed information is on the offshore accidents and offshore oil rig accidents pages.

Who Can File a Maritime Injury Claim in Louisiana?

Maritime law covers a wide range of workers whose jobs take them onto vessels, navigable waterways, or adjacent maritime areas. If your work connects to a vessel, a port, or an offshore platform, federal maritime law likely applies to some aspect of your injury claim.

Workers who regularly pursue maritime injury claims in Louisiana include offshore oil and gas workers such as rig hands, drillers, tool pushers, and production operators. Commercial fishermen working Gulf waters qualify under the Jones Act as seamen on fishing vessels. Tugboat and barge workers on the Mississippi River and the connecting waterway system are among the clearest Jones Act seamen in the country.

Cargo ship and tanker crew at major Louisiana ports have Jones Act rights when employed on vessels. They also carry LHWCA rights when working on the dock side. Longshore workers and harbor workers at Louisiana ports are the core LHWCA workforce. The Port of South Louisiana handled 135.8 million short tons of dry bulk cargo in 2023, ranking first nationally. The Port of New Orleans ranked seventh, Port of Greater Baton Rouge eighth, and Lake Charles Harbor District tenth. That volume represents substantial workforce exposure.

Shipyard workers at Gulf Coast facilities have LHWCA coverage. St. Mary Parish is home to significant shipyard operations, and ongoing investment in the Franklin shipyard is expanding the workforce in that sector. Offshore supply vessel crew servicing Gulf platforms are typically Jones Act seamen. Cruise ship passengers injured in navigable waters have separate general maritime law claims against the vessel operator.

What Compensation Does Louisiana Maritime Law Allow?

The compensation available depends on which federal framework covers your situation. The frameworks differ significantly in what they provide.

Jones Act seamen can recover past and future medical expenses, lost wages and loss of earning capacity, pain and suffering, mental anguish, and loss of consortium for a spouse. Unseaworthiness claims provide the same damage categories and are often pursued alongside Jones Act claims for the same injury. When both theories succeed, the damages are not doubled. They are recovered once, but the parallel theories increase the chance of success.

Maintenance and cure provides daily living allowance during recovery plus all reasonable medical costs. If the employer willfully refuses to pay, punitive damages are available as a separate remedy.

LHWCA provides medical benefits, two-thirds of average weekly wage as temporary total disability compensation, permanent impairment benefits calculated using a scheduled injury table, and vocational rehabilitation. Pain and suffering are not included in the workers' compensation track. Third-party vessel owner tort claims recover full tort damages including pain and suffering.

Wrongful death at sea has its own statute. The DOHSA (46 U.S.C. § 30301 et seq.) applies when a death occurs more than three nautical miles from shore. It limits non-economic damages in certain cases.

Louisiana comparative fault under La. C.C. Art. 2323 applies to some maritime claims. If you are 51% or more at fault, you recover nothing under that framework. The Jones Act uses a different standard. Jones Act applies pure comparative fault with no cutoff bar. A seaman who is partially at fault can still recover a proportionally reduced award.

Ask any attorney you speak with to identify every damage category your situation may support, including whether LHWCA third-party tort claims, unseaworthiness, and maintenance and cure penalties apply alongside your primary claim. Each category represents a separate legal right. An attorney who evaluates only the most obvious claim may leave significant recovery unclaimed.

What Are the Deadlines for Filing a Maritime Injury Claim in Louisiana?

Maritime injury claims have their own deadlines. They are not the same as Louisiana's standard two-year personal injury Prescriptive Period.

The Jones Act has a three-year prescriptive period under 46 U.S.C. § 30106. That is longer than Louisiana's two-year state deadline, but it is not unlimited. Three years passes quickly when you are recovering from an offshore injury and dealing with an employer who is disputing your seaman status.

The LHWCA requires filing a formal claim with the Department of Labor's Office of Workers' Compensation Programs within one year of injury or within one year of the last payment of compensation. Missing this administrative deadline can bar your claim.

General maritime law unseaworthiness claims are governed by laches. Laches is an equitable doctrine, not a hard cutoff. Courts consider whether you delayed unreasonably and whether that delay prejudiced the other party. In practice, courts often apply a three-year reference period, but cases have been dismissed faster when delay caused evidence loss. Death on the High Seas Act claims have a three-year limitations period.

If an attorney quotes you a two-year deadline for a Jones Act claim, they are working from Louisiana state law, not maritime law. That is a meaningful error. Louisiana state personal injury deadlines do not govern Jones Act or LHWCA claims.

What to Do After a Maritime Injury

What you do in the days immediately after a maritime injury affects your claim. The employer and their insurance carrier will be moving fast. You should understand what steps protect your position.

Seek medical attention immediately. After emergency care, you have the right to choose your own treating physician. Your employer will likely direct you to a company doctor. Company-selected doctors are not independent. They often minimize injury severity because they work for the employer. Accept emergency treatment, but consult an independent physician as soon as possible. Document that you requested treatment and when.

Report the injury in writing before you leave the vessel or worksite. Verbal reports can be disputed or denied. A written report creates a record. Note the date, time, location, what happened, what condition caused the injury, and the names of any witnesses. Keep a copy.

Preserve evidence. Take photos of the hazardous condition, equipment, or area involved. Identify co-workers who witnessed the incident and get their contact information. Names and numbers written down that day are more reliable than memories reconstructed months later.

Do not sign any documents from the employer or their insurance company before speaking with an attorney. Early releases, accident reports framed to minimize employer fault, and medical authorization forms can all be used to limit your recovery. You are not required to sign anything at the scene or on the vessel.

Request and preserve vessel logs, maintenance records, and work orders related to the condition that caused your injury. These records have retention schedules. They can disappear. An attorney can send a preservation demand that creates a legal obligation to retain them. Morris & Dewett sends preservation demands immediately on engagement.

Morris & Dewett's Maritime Practice

Morris & Dewett has handled maritime injury cases in Louisiana and the Gulf of Mexico for more than 25 years. Cases include Jones Act claims, maintenance and cure disputes, LHWCA proceedings, OCSLA tort claims, and wrongful death at sea under DOHSA.

The firm holds an AV Preeminent rating from Martindale-Hubbell, the highest peer rating for legal ability and ethics. Super Lawyers recognizes Morris & Dewett attorneys in personal injury. The firm has earned more than 1,500 five-star Google reviews from clients across Louisiana.

Maritime cases are handled on a Contingency Fee basis. There are no upfront attorney fees. If there is no recovery, there is no attorney fee.

Morris & Dewett handles cases throughout Louisiana and the Gulf Coast from offices in Shreveport. Reach out to discuss your situation when you're ready.

Frequently Asked Questions

What is the Jones Act and does it cover offshore oil rig workers?: The Jones Act ([46 U.S.C. § 30104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104)) gives qualifying seamen the right to sue their employer for negligence and recover full tort damages including pain and suffering. Whether an offshore oil rig worker qualifies depends on whether they are assigned to a vessel in navigation. A worker on a drilling vessel or a mobile offshore drilling unit that moves between locations can qualify as a seaman. A worker on a fixed production platform generally cannot. The vessel-versus-fixed-structure distinction is frequently litigated and depends on specific facts about the platform and the worker's assignment.
How is a maritime injury claim different from a regular personal injury claim?: Maritime injury claims are governed by federal law, not Louisiana state tort law. The applicable statute depends on what type of worker you are and where you were working. The deadlines differ from Louisiana's standard two-year personal injury deadline. Jones Act claims have a three-year deadline. LHWCA claims require a formal administrative filing within one year. The negligence standard, available damages, and court procedures differ from standard personal injury litigation. A Louisiana attorney who handles maritime cases as an occasional sideline may not know these differences.
What is maintenance and cure and how much will my employer pay?: Maintenance is a daily living allowance your employer owes during your recovery regardless of fault. The legally required rate depends on your actual living costs and applicable case law in your circuit. Many employers pay $35 per day or less, which courts have regularly found inadequate. Cure is all reasonable and necessary medical treatment until you reach Maximum Medical Improvement. If your employer refuses to pay maintenance and cure or pays below the required rate, that refusal is itself an independent tort claim. Willful refusal to pay can generate punitive damages. Full details are on the [maintenance and cure](/louisiana-maritime-injury-lawyers/maintenance-and-cure/) page.
How do I know if I qualify as a seaman under the Jones Act?: You likely qualify as a seaman if you spend more than 30% of your work time on a vessel in navigation and your work contributes to the function of that vessel. This includes offshore rig workers on drilling vessels, commercial fishermen on fishing boats, supply boat crew, tugboat and barge workers, and cargo ship crew. The 30% figure is a benchmark, not an absolute rule. Courts look at the totality of your work assignment. Employers contest seaman status because Jones Act claims carry full tort damages that LHWCA workers' compensation does not include. If your employer argues you are not a seaman, that dispute requires careful analysis of your job duties and vessel assignment.
What is the deadline to file a maritime injury claim in Louisiana?: The deadline depends on your legal framework. Jones Act claims have a three-year deadline under [46 U.S.C. § 30106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106). LHWCA claims require filing a formal claim with the Department of Labor within one year of injury or last compensation payment. Unseaworthiness claims under general maritime law are governed by laches with a three-year reference period. Louisiana's standard two-year personal injury deadline does not apply to Jones Act or LHWCA claims. An attorney who quotes you a two-year deadline for a maritime claim may be working from the wrong statute.
What is unseaworthiness and how is it different from negligence?: Unseaworthiness is a separate claim based on the shipowner's absolute duty to provide a vessel, equipment, and crew that are reasonably fit for their intended purpose. Negligence requires proving the employer or shipowner was careless. Unseaworthiness does not require that proof. You prove only that the vessel or its equipment was not reasonably fit and that condition caused your injury. The two claims are often pursued together for the same incident. Unseaworthiness can also reach vessel owners who were not your direct employer, expanding the pool of potential defendants. More information is on the [unseaworthiness claims](/louisiana-maritime-injury-lawyers/unseaworthiness-claims/) page.
Can I sue my employer for a maritime injury, or am I limited to workers' compensation?: It depends on your classification. Jones Act seamen can sue their employer directly for negligence and are not limited to workers' compensation. LHWCA workers receive workers' compensation benefits from their employer but retain a separate right to sue vessel owners in tort. If a vessel owner's negligence contributed to your injury, that third-party tort claim provides full damages including pain and suffering. Workers on fixed OCSLA platforms are generally covered by LHWCA for employer-related benefits but may have tort claims against third parties. Knowing which system applies to your situation determines whether you can sue your employer directly.
What happens if I was partially at fault for my offshore accident?: Under the Jones Act, comparative fault is pure. If you are partially at fault, your damages are reduced by your percentage of fault. There is no cutoff bar. A seaman who is 60% at fault can still recover 40% of their damages. Louisiana's comparative fault rule under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109387) applies a 51% bar to some OCSLA claims. If you are 51% or more at fault under that framework, you recover nothing. Knowing which fault standard applies to your claim is important because employers and their insurers routinely build their defense around pushing your fault percentage as high as possible.
Does Louisiana state law apply to my maritime injury claim?: Louisiana state law plays a limited and specific role in maritime claims. For OCSLA workers on fixed platforms, Louisiana law applies as surrogate federal law to the extent it is not inconsistent with federal law. For some workers who do not qualify under the LHWCA or Jones Act, Louisiana state tort law may apply. For most seamen and LHWCA workers, federal maritime law governs the substantive rights, deadlines, and remedies. The Louisiana Civil Code and state tort reform changes do not replace the Jones Act or LHWCA. They operate alongside federal law in situations where federal law does not preempt state law.
Can independent contractors file Jones Act claims?: Seaman status under the Jones Act focuses on the nature of your work and connection to a vessel, not on how your employment is formally classified. If a company labels you an independent contractor but you work full-time on a vessel under their direction, courts may find you qualify as a seaman. Employers sometimes use contractor classification specifically to avoid Jones Act liability. Courts look at the substance of the relationship, not just the contract label. If you were told you are an independent contractor but you spent most of your work time on a vessel performing seamanlike duties, a Jones Act claim is worth evaluating.
Can a maritime injury case settle without going to trial?: Yes. The majority of maritime injury cases, including Jones Act and LHWCA claims, resolve through settlement before trial. Settlement negotiations in maritime cases often involve the employer's maritime insurer, not just the employer directly. Maritime insurers have experienced claims personnel who handle these cases regularly. The value of a pre-trial settlement depends on the strength of your liability evidence and the completeness of your documented damages. It also depends on whether your attorney has the credibility to take the case to verdict if needed. Cases that settle early often do so at a discount because the employer's insurer calculates the plaintiff's appetite for litigation.
What should I do right after being injured on a vessel?: Report the injury in writing to your supervisor or employer before leaving the vessel. Request medical treatment immediately and note the date and time of the request. After emergency care, ask about seeing your own treating physician rather than only the company doctor. Do not sign any documents from the employer or their insurer without reviewing them with an attorney first. Take photos of the condition that caused your injury, and get the names and contact information of any witnesses. Do not discuss fault with the employer's representatives. Contact a maritime attorney before speaking with the insurance adjuster. These early steps preserve evidence and protect your legal options.

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.