Louisiana Maritime Injury Lawyers

Overview of Louisiana Maritime Cases

Being injured or having a loved one killed while working on the sea or other navigable waters, means that a unique set of laws and courts, with their own rules about damages, will govern your lawsuit. In this article, we’ll provide an overview of how Louisiana maritime injury cases work, which laws apply, what damages are available, and how much a typical case is worth. And we’ll specifically focus on how Baton Rouge maritime injury cases work.

Which Maritime Laws Apply To Your Case

Maritime law is the body of laws that govern people who work at sea or in other navigable waters. It covers any injuries sustained by workers in the course of their duties. When filing a lawsuit for personal injury or wrongful death caused by various water activities, you should understand the extent of the employer’s liability. This is where the importance of hiring maritime injury lawyers comes in. Working offshore or on the high seas is a risky job. You can be injured by the vessel as well as other machinery at the work site. Unfortunately, some employers are negligent and do not take safety measures seriously, leading to maritime accidents off the coast of Louisiana that cause injuries. If you are awarded compensation for your injuries, the vessel’s owner should pay for maintenance and cure (basic living expenses and medical attention). However, they may attempt to limit or avoid liability through the limitation of liability and proving that they were not negligent. You should fight the limitation of liability through an experienced lawyer to get full benefits.

The three most likely maritime law which applies to an injured worker are;

• The Jones Act
• The Death on the High Seas Act
• The Longshore & Harbor Workers’ Compensation Act

The Jones Act, the Death on the High Seas Act (DOHSA), and the Longshore & Harbor Workers’ Compensation Act (LHWCA) are all significant pieces of maritime legislation that provide protection and compensation mechanisms for individuals who are injured or killed while working at sea or in maritime occupations.  While they share the common goal of supporting injured maritime workers and their families, they differ in their specific applications, coverage, and the circumstances under which they apply. 

While the same three laws will apply in all Louisiana maritime cases, Baton Rouge, Louisiana is a hub of maritime injury cases. Baton Rouge is known as a maritime economic hub due to the presence of the Port of Greater Baton Rouge, one of the largest and busiest seaports in the U.S.  In addition to the activity in the port itself, many of these seamen are stationed off the coast of Louisiana too.  Too frequently, Louisiana seamen on ships and offshore in the Gulf of Mexico get injured while on the job. Regardless of where your case is located, knowing which maritime law applies to your injury is crucial in determining the benefits and damages an injured worker can receive. Here’s a breakdown of their similarities and differences:

The Jones Act

What is the Jones Act, who does it apply to, and how much can you recover?

The Jones Act is the Merchant Marine Act of 1920, which protects maritime and offshore workers injured at the workplace. It also attempts to boost the industry by placing restrictions on some non-American vessels. Before the law, maritime workers had no rights beyond showing that their vessel was unseaworthy. To make a claim under the Jones Act, the injured worker must prove that they are seamen, suffered death or injury in the course of employment and that the employer was negligent, which caused the accident. Wrongful death lawsuits mostly use this law. The first two areas are easy to prove. However, it is hard to prove negligence or partial negligence on the employer’s part. You should hire experienced maritime injury lawyers to help you push for your claim under the Jones Act.

• Coverage: The Jones Act provides seamen with the right to seek damages from their employers for injuries suffered due to negligence on the part of the employer, the vessel’s owner, its officers, or fellow employees during the course of employment.
• Eligibility: To be covered, an individual must spend a significant amount of their work time (generally at least 30%) on a vessel or fleet of vessels under navigation, contributing to the vessel’s function or mission.
• Compensation: Provides for maintenance (daily living expenses) and cure (medical expenses) and allows for claims of negligence against the employer.  The Jones Act offers protections above and beyond what is typically available under common workers’ compensation schemes, allowing for the recovery of damages such as pain and suffering, lost wages, and medical expenses.

The Death On The High Seas Act

What is the Death on the High Seas Act (DOHSA), who does it apply to, and how much can you recover?

• Coverage: DOHSA applies to deaths that occur beyond 3 nautical miles from the shore of the United States.  It allows family members to seek compensation for the death of their loved one if the death was caused by as a result of wrongful acts or negligence occurring on the high seas.
• Eligibility: DOHSA covers the deaths of not only seamen but also passengers and other individuals on ships, oil rigs, and airplanes over the high seas.
• Compensation: Compensation under DOHSA is limited to pecuniary losses suffered by the dependents of the deceased, such as loss of support, services, and funeral expenses.

The Longshore & Harbor Workers’ Compensation Act

What is the Longshore & Harbor Workers’ Compensation Act (LHWCA), who does it apply to, and how much can you recover?

• Coverage: The LHWCA provides compensation and medical care to employees who are injured while working on the navigable waters of the United States or in adjoining areas such as piers, docks, terminals, and shipyards.
• Eligibility: It specifically covers harbor workers, longshoremen, ship-repairers, shipbuilders, and shipbreakers, but not the crew of the vessels (who are covered by the Jones Act).
• Compensation: Offers compensation for lost wages, medical treatment, and rehabilitation services.  It also provides survivor benefits to dependents in the event of the worker’s death.

Common Types of Maritime Accidents

Several types of accidents can either happen offshore or on the high seas. Here are some common ones:

Dredge Accidents

Some of the common accidents related to dredges include drowning and slip-and-falls.

Jack-up Rig Accidents

High-powered moving parts, fires, explosions, as well as collapsing structures, have injured people working at rigs.

Helicopter Transport Accidents

People being transported in helicopters have been involved in accidents. Sometimes the weather is to blame. However, most of the time, the problem is an equipment failure or poor maintenance.

Tugboat Accidents

Tugboats are a common sight at sea. These boats may capsize, stall due to breakdowns, start fires, or collide with other vessels, causing accidents.

Personnel Basket Transfer Accidents

Workers being transported via basket transfer between rigs and platforms can lead to catastrophic injuries if the transfer happens during unsafe weather conditions or if the operators of the basket transfer fail to properly watch where the basket is going. 

Man Over-Board Accidents

Workers on ships and other moving platforms can be forced off and ejected into the water if operating during rough seas. 

Supply and Equipment Failures

High powered handheld machinery can deliver extreme amounts of force to a worker’s body if the worker is not properly trained or if the equipment is not kept in proper working order.

Procedural Failures

Maritime workers can be seriously injured or killed when an employer’s procedures are not followed.  For example, if a drill ship fails to follow a hurricane avoidance route, the ship could be seriously damaged or sunk by sailing into a hurricane. 

Dredge Accidents

Some of the common accidents related to dredges include drowning and slip-and-falls.

Jack-up Rig Accidents

High-powered moving parts, fires, explosions, as well as collapsing structures, have injured people working at rigs.

Helicopter Transport Accidents

People being transported in helicopters have been involved in accidents.  Sometimes the weather is to blame.  However, most of the time, the problem is an equipment failure or poor maintenance.

Tugboat Accidents

Tugboats are a common sight at sea.  These boats may capsize, stall due to breakdowns, start fires, or collide with other vessels, causing accidents.

Common Types of Marine Injuries

Many of those injured while at sea suffer horrific and debilitating injuries due to the uniquely hazardous working conditions of the maritime environment such as exposure to extreme weather, heavy machinery, slippery surfaces, industrial hazards, and the constant motion of the sea.  Some of the more common injuries while working at sea include injuries to the spine and neck, burn and explosion injuries, paralysis, head injuries, and other permanently debilitating injuries.  Unfortunately, many of these injuries result in the worker being unable to perform their jobs or similar jobs which results in a significant pay cut and loss of benefits.  Additionally, many of the hobbies and recreational activities those workers loved to do are then no longer something they can do or enjoy due to the pain they now experience or functional limitations caused by their injuries. 

Damages Available For Maritime Injuries

The type of damages available for maritime injuries is dependent on which maritime Act is going to apply to the worker.  However, many maritime injuries are covered by the Jones Act which allows for a substantial amount of damages beyond the typical worker’s compensation case.  For example, the damages available for these cases can include compensation for lost wages, medical bills, loss of earning capacity, and pain and suffering.

Maintenance and Cure

The law under the Jones Act requires employers to pay injured maritime workers benefits to cover their medical bills and living expenses under Maintenance and Cure. These benefits are to be paid regardless of the cause of injury, even where the employer is not liable. Maritime workers have the right to these payments until they make a full recovery. Unfortunately, most employers are never willing to pay for Maintenance and Cure. Some pay small sums that may not be sufficient to sustain the injured worker. This is why it is good to seek the help of experienced maritime injury lawyers to help in making a reasonable claim. The lawyer may also assist you in pursuing additional avenues of compensation so that you have enough money to cover your basic living expenses and medical care until you recover.

How Much Are Louisiana Maritime Cases Worth?

Examples of verdicts and settlements in Louisiana Maritime Cases

Recently, Morrow & Sheppard trial attorneys Daniel Sheppard and Hogan Leatherwood were able to obtain a $3.2 million dollar verdict in a Louisiana Maritime Case.  In that case, our client (a deckhand) was injured while working aboard the M/V Dustin Danos.  He was smashed between a personnel basket and a conex box during a personnel basket transfer operation.  The incident was witnessed by a fellow deckhand that testified that the captain put the vessel controls in forward motion and stepped away while the personnel basket operation was taking place.  The witness further testified the captain had been using his phone while the operation was taking place.  After the incident, our client approached the captain to discuss what happened and the captain claimed he did not see anything.

Experienced Maritime Lawyers Representing The Victims of Serious Louisiana Maritime Injuries

Free Consultation to Discuss Your Baton Rouge Maritime Case

Here at Morrow & Sheppard, we handle a wide range of serious Louisiana Maritime injury cases, including cases in Baton Rouge.  If you have been injured at work and want to see if you can make a maritime injury claim, our attorneys will guide you through the process and get you the maximum compensation you deserve.  We offer 100% free consultations and are available 24/7.  Please contact us today and our attorneys will discuss all the aspects of your case.