An offshore injury in Louisiana can leave a worker facing medical bills, lost income, and an uncertain future. The type of compensation available depends on the worker’s job, connection to a vessel, accident location, and cause of the injury. Many offshore claims connected to Louisiana are controlled by federal maritime law, though Louisiana law may apply in some cases. An offshore injury lawyer in New Orleans can review these facts and identify which law may cover the worker.
Medical Care After an Offshore Injury
An injured offshore worker may be entitled to payment for reasonable and necessary medical care related to the accident. Covered care may include hospital treatment, doctor visits, medication, physical therapy, medical testing, and needed equipment. Future medical care may also be part of some negligence claims when the injury will require long-term treatment.
Workers should report an accident and seek medical care as soon as they can. They should also keep copies of medical records, bills, work restrictions, and letters from their doctors. These records can connect the injury to the accident and show how it affects the worker’s ability to return to work.
Lost Wages and Reduced Earning Ability
An offshore work injury may prevent a worker from earning the same income as before. Depending on the law that applies, compensation may include past lost wages and the loss of future earning capacity. Future losses may apply when an injury keeps the worker from returning to the same job or limits the type of work the person can perform.
The value of this loss may depend on the worker’s prior pay, age, work history, medical limits, and expected recovery. Offshore pay can also includ e overtime and other work benefits, so a careful review of past income records may be needed.
Compensation Under the Jones Act
The Jones Act allows a qualifying seaman to bring a negligence claim against an employer. The worker must be a seaman who contributes to the function or mission of a vessel and has the required connection to a vessel or group of vessels in navigation.
A Jones Act claim may seek past and future lost income, medical expenses, reduced earning ability, and pain and suffering. The worker must show that the employer’s negligence played a part in causing the injury. Poor training, unsafe work methods, faulty equipment, or failure to provide a safe place to work may support a claim. Not everyone who works offshore is a Jones Act seaman, so worker status must be reviewed carefully.
Maintenance and Cure for Seamen
A seaman who becomes injured or ill while in the service of a vessel may have a right to maintenance and cure. This right comes from general maritime law and does not require proof that the employer caused the condition.
Maintenance helps pay for reasonable food and lodging costs while the worker is recovering on land. Cure covers reasonable medical care related to the injury or illness. These benefits generally continue until the worker reaches maximum medical improvement, meaning further treatment is not expected to improve the condition. Maintenance and cure is separate from a Jones Act negligence claim, and a seaman may be able to pursue both.
LHWCA Benefits for Maritime Workers
The Longshore and Harbor Workers’ Compensation Act, or LHWCA, covers many maritime employees who are not vessel crew members. Covered workers may include longshore workers, shipbuilders, ship repair workers, and harbor workers who meet the law’s work and location rules.
LHWCA benefits may include reasonable medical treatment, disability payments, and vocational rehabilitation. Disability payments are based on the worker’s wages and type of disability. The law may also provide death benefits to eligible survivors when a covered work injury causes a worker’s death. The LHWCA does not provide ordinary pain-and-suffering damages as part of its workers’ compensation benefits.
Benefits Under OCSLA
The Outer Continental Shelf Lands Act, or OCSLA, extends LHWCA benefits to certain workers involved in operations on the Outer Continental Shelf. This may include qualifying work connected to exploring for, developing, removing, or transporting natural resources from the shelf.
Coverage is not based only on working near the Gulf of America. There must be a legal connection between the injury and covered Outer Continental Shelf operations. Seamen who qualify under the Jones Act are excluded from OCSLA workers’ compensation coverage. This is another reason why identifying the worker’s status is a key part of an offshore claim.
Claims Against a Negligent Third Party
A company other than the employer may sometimes cause or contribute to an offshore accident. A third-party claim may be possible against a vessel owner, contractor, equipment maker, or another responsible business. Depending on the claim, compensation may include medical expenses, lost earnings, reduced future income, and pain and suffering.
Third-party claims have their own rules, and some parties may have legal protection from certain lawsuits. Accident reports, photographs, witness statements, work records, and equipment records can help determine what happened and who may be responsible.
Contact an Offshore Injury Lawyer in New Orleans
Offshore claims may involve the Jones Act, maintenance and cure, the LHWCA, OCSLA, Louisiana workers’ compensation law, or a third-party negligence claim. The lawyers at Flinn Fezio can review the worker’s duties, accident location, vessel connection, medical needs, and possible responsible parties. If you were hurt while working offshore, contact the law firm of Flinn Fezio for a free case evaluation with experienced offshore injury lawyers in New Orleans.
