On this page
- Why Offshore Injury Claims Are Different
- Are You a Jones Act Seaman?
- Maintenance and Cure
- Unseaworthiness
- Common Offshore and Maritime Injuries
- Evidence in an Offshore Injury Case
- Deadlines for Offshore Injury Claims
- What Compensation May Be Available?
- Frequently Asked Questions
- Talk With a Louisiana Offshore Injury Lawyer
Whether you were hurt on a vessel, a drilling rig, a production platform, a lift boat, a barge or a dock, the first question is not just what happened. It is which body of law covers you. Federal maritime law, the Jones Act, the Longshore and Harbor Workers’ Compensation Act and the Outer Continental Shelf Lands Act can each apply in different situations, and the answer affects what benefits and damages may be available and how quickly you need to act.
Jacqueline Scott & Associates represents injured offshore and maritime workers from our offices in Shreveport and Bossier City, and throughout Louisiana. One of the firm’s reported results is a $2.5 million recovery in an offshore accident case.
Call (318) 746-5997.
Make ’Em Pay.
Why Offshore Injury Claims Are Different
Most Louisiana workers who are hurt on the job are limited to state workers’ compensation benefits from their employer. Many offshore and maritime workers are not.
Depending on your job, where you were working and what you were doing when you were hurt, you may have rights under:
- The Jones Act, which allows qualifying seamen to bring a negligence claim against their employer;
- General maritime law, which can provide maintenance and cure and claims for an unseaworthy vessel;
- The Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides benefits to many dock, harbor, shipyard and longshore workers;
- The Outer Continental Shelf Lands Act (OCSLA), which extends LHWCA-type benefits to many workers on fixed platforms and other operations on the Outer Continental Shelf; and
- Claims against third parties, such as other contractors, vessel owners, platform operators or equipment manufacturers whose negligence contributed to the injury.
These systems overlap in complicated ways. The label on your paycheck or the title on your job description does not decide the question by itself.
Are You a Jones Act Seaman?
The Jones Act protects “seamen.” Courts generally look at whether the worker contributes to the function or mission of a vessel or fleet of vessels, and whether the worker’s connection to that vessel or fleet is substantial in both duration and nature.
In practice, the analysis often turns on how much of your work time is spent in the service of a vessel in navigation. Deckhands, crew members, tankermen, cooks, engineers and many workers assigned to lift boats, barges, drill ships and other vessels may qualify. Workers who spend most of their time on fixed platforms or on land often do not, although they may have rights under other laws.
Seaman status is one of the most frequently disputed issues in offshore cases, and it should be evaluated using the facts of your actual work history.
Maintenance and Cure
Under general maritime law, an employer generally owes an injured seaman maintenance (a daily amount for basic living expenses while recovering) and cure (reasonable medical care) until the seaman reaches maximum medical improvement.
Maintenance and cure is generally owed regardless of fault. Disputes can arise over the daily maintenance rate, when maximum medical improvement is reached, and whether a prior condition was concealed.
Unseaworthiness
A vessel owner has a duty to provide a vessel that is reasonably fit for its intended use. A vessel may be unseaworthy because of defective equipment, inadequate crew, unsafe work methods, slippery or cluttered decks, missing safety gear or other conditions.
An unseaworthiness claim does not require proof that the owner knew about the condition.
Common Offshore and Maritime Injuries
Offshore accidents can involve:
- crane and rigging accidents;
- falls from heights, ladders or stairways;
- slips on wet or oily decks;
- crush injuries between vessels, equipment or cargo;
- personnel basket and crew transfer accidents;
- fires and explosions;
- helicopter and crew-boat accidents;
- line and cable failures;
- heavy-lifting injuries; and
- injuries caused by fatigue, long hitches or inadequate staffing.
The injuries are often serious: spinal injuries, traumatic brain injuries, amputations, burns, fractures and injuries that end a career in physical work.
Evidence in an Offshore Injury Case
Offshore evidence can be controlled almost entirely by the employer, the vessel owner or the operator. Important evidence may include:
- incident and accident reports;
- witness statements from crew members;
- job safety analyses and permits to work;
- logbooks and daily drilling or vessel reports;
- maintenance and inspection records;
- photographs and video;
- U.S. Coast Guard or BSEE reports when applicable;
- training and staffing records; and
- medical records from the first-aid station onward.
Injured workers are often asked to give statements or sign documents soon after the incident, sometimes before they have seen a doctor onshore. Be careful about what you sign.
Deadlines for Offshore Injury Claims
Maritime personal injury claims, including many Jones Act claims, are generally subject to a three-year limitations period under federal law. LHWCA claims have their own, shorter notice and filing requirements, and claims against third parties may be governed by different rules.
Because the applicable law is not always obvious at the start, it is important to evaluate the deadline early.
What Compensation May Be Available?
Depending on the law that applies and the evidence, an offshore injury claim may involve:
- maintenance and cure;
- past and future medical expenses;
- lost wages;
- loss of future earning capacity;
- physical pain and suffering;
- mental anguish;
- disability and loss of enjoyment of life; and
- compensation for families in fatal cases.
LHWCA and OCSLA benefits are calculated differently from Jones Act and general maritime damages, and a third-party claim may be available in addition to those benefits.
Frequently Asked Questions
I was hurt offshore. Is this a workers’ comp case?
It may not be. Many offshore workers are covered by the Jones Act, general maritime law, the LHWCA or OCSLA instead of, or in addition to, Louisiana workers’ compensation. Which law applies depends on your job duties, where you were working and who employed you.
Can I sue my employer under the Jones Act?
A worker who qualifies as a Jones Act seaman may be able to bring a negligence claim against the employer. Seaman status depends on the facts of your work history.
What is maintenance and cure?
Maintenance is a daily payment toward basic living expenses while an injured seaman recovers. Cure is reasonable medical treatment. Both are generally owed until maximum medical improvement, regardless of fault.
Do I have to see the company doctor?
You may be asked to. You generally have the right to choose your own physician for ongoing treatment, but the rules can vary by situation, so get advice before you agree to anything that limits your care.
How long do I have to file an offshore injury claim?
Many maritime injury claims must be filed within three years, but LHWCA claims and some other claims have shorter notice requirements. Have the deadline evaluated early.
Talk With a Louisiana Offshore Injury Lawyer
If you were hurt on a vessel, rig, platform, barge or dock, call Jacqueline Scott & Associates at (318) 746-5997 for a free consultation.
Make ’Em Pay.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
