Maritime Claims
We offer a free case review for any injured maritime worker who believes their injuries were due to the fault of another. We thoroughly review every potential maritime case we receive and will give you straightforward and honest legal advice regarding your maritime claim. If you have a maritime case, we have the resources and the experience to fully prosecute your maritime injury claim.
Maritime Law Practice
New Orleans Maritime Lawyers Committed to Representing Injured Maritime Workers
Most personal injury lawyers, even in Louisiana, do not have a great deal of experience handling maritime claims. There is significant overlap with the law applicable to car accidents, truck accidents, and pedestrian accidents, but maritime law is different. Maritime injury claims are a specialized area of law. Proving fault is often more complex, the legal status of the injured worker is paramount (seaman, longshoreman, passenger, and more), and where the accident takes place can dictate your recovery. For these reasons and more, you should hire an attorney that has significant maritime experience to handle your maritime claim.
Louisiana Maritime Lawyers Who Know the Impact of a Serious Maritime Injury
We are not only well versed in maritime law, but through experience we know the practical realities of maritime injuries. Due to their specialized skills and experience, maritime workers are often well compensated, and are home owners and supporters of families. A serious injury, however, can threaten all that you have worked for. Our job is use the law to provide financial safety and security for you and your family going forward by holding those responsible for causing your injuries.
Admiralty Claims
New Orleans Admiralty Lawyers Committed to Representing Injured Admiralty Workers
We offer a free case review for any injured admiralty worker who believes their injuries were due to the fault of another. We thoroughly review every potential case we receive and will give you straightforward and honest legal advice regarding your admiralty claim. If you have an admiralty case, we have the resources and the experience to fully prosecute your admiralty injury claim.
We are admiralty lawyers serving injured admiralty workers in New Orleans and across Louisiana. We provide free case reviews for any admiralty worker that has been hurt.
Admiralty Injuries and Negligence Need to Be Proven Under Admiralty Law
If you are a harbor worker or longshoreman that was injured, you need to be able to prove that your admiralty injury occurred on the job. Admiralty employers and their insurance companies often will try to point to pre-existing injuries or previous accidents to avoid paying out admiralty benefits to workers.
If are a seaman, then you will have to prove your admiralty injury and that your injury was caused by the fault of your employer. There many causes of admiralty injuries that are compensable under the law:
- Failure to take adequate safety measures
- Failure to Follow OSHA Safety Provisions
- Failure to provide a safe work place
- Requiring the use of defective or dangerous machinery
- Inadequate maintenance of the work place
- Insufficient training
Jones Act Claims
The Jones Act is a powerful federal law that grants an injured seaman the legal right to collect compensation from his employer. Even if the employer was only “slightly” negligent in causing the seaman’s injuries, the Jones Act grants the seaman the right to recover significant damages. As Jones Act attorneys, we represent injured maritime workers in New Orleans and across Louisiana.
What is the Jones Act?
Because of the dangerous nature of maritime work, Congress passed the Jones Act in 1920 to protect the rights of injured seamen. The Jones Act gives an injured seaman the right to assert a claim against his employer for negligence, and gives the seaman the right to have the case be decided by a jury.
Can I recover maintenance and cure?
An injured maritime worker must prove that he is entitled to recover compensation under the Jones Act. This requires showing that the worker had
- a connection to a vessel in navigation, and
- the seaman was contributing to the function of the vessel or in the accomplishment of its mission.
The Jones Act also requires that the seaman show that his employer breached his legal duty to provide safe work place. An experienced maritime lawyer can help you prove your Jones Act case.
Platform/Oil Rig Injuries
Whether you are a roustabout, derrick operator, engine operator, driller, or pumper, we can help you pursue your legal claim for injuries on an oil rig.
Does it matter where the accident occurred?
Yes. The LHWCA only covers injuries or deaths that occur upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel). An experienced LHWCA lawyer can help you determine whether your injury occurred in area that will provide coverage.
What is the Outer Continental Shelf Lands Act (OCSLA)?
The OCSLA provides benefits for injured offshore workers engaged in the extracting of natural resources on the Outer Continental Shelf. Any offshore worker injured on the job can collect compensation against their employer regardless of whether the employer was at fault in causing their injuries.
Who can recover compensation under the OCSLA?
Any offshore worker engaged in exploring, developing, removing, or transporting natural under the OCSLA can recover compensation.
Longshoremen and Harbor Worker Injuries
If you are a longshoreman or harbor worker and were injured on the job, you have a legal right to recover compensation. As longshoremen and harbor worker lawyers, our job is seek the fair compensation you are entitled to under the law.
What is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA provides persons engaged in “maritime employment,” such as longshoremen and harbor workers, with a legal remedy against their employers in the event of work-related injury or illness. Benefits for such injuries shall be paid to the injured maritime workers regardless of whether the injury was due to the fault of the employer.
What type of compensation can I receive under the LHWCA?
Benefits under the LHWCA include medical expenses, disability benefits, rehabilitation benefits, and a percentage of the employee’s average weekly wage. There may be additional benefits for family members where the injury results in death.
Who can recover under the LHWCA?
Compensation may be paid to those persons engaged in “maritime employment.” This includes any longshoremen, or other person involved in longshoring operations, and any harbor worker including a ship repairman, shipbuilder, and ship-breaker. Essentially, anyone who plays a significant role in the loading, unloading, repairing, building, or dissembling of a ship, is eligible for compensation under the LHWCA.
When must I file my LHWCA claim?
An injured worker must file his claim within one (1) year of the incident giving rise to his injuries under the LHWCA.
Maintenance and Cure
What is maintenance and cure?
“Maintenance” is for daily living expenses will the seaman recovers for his injuries (room, board, etc.). “Cure” is the amount of reasonable medical expenses to treat the injured seaman.
Can I recover maintenance and cure?
Maintenance and cure is a legal remedy available to seamen who suffer injuries or become ill while in the service of a ship. The employer, who is usually the owner of the ship, has a legal obligation to provide an injured seaman with maintenance and cure. Maintenance and cure must be provided regardless of whether the employer was at fault in causing the accident or injuries at issue. An experienced maritime attorney can help you determine whether you are eligible for maintenance and cure.
Maritime Law
Frequently Asked Questions
Why do I need a maritime lawyer?
There is a complex body of law that applies to maritime personal injury claims. While many lawyers handle car and truck accidents, the vast majority of lawyers are not familiar with maritime laws and do not regularly handle maritime claims. It is important that you select a maritime lawyer who has experience in this special area of law.
For example, your legal status is one of the most important things to determine from the outset of your case. In a car accident, it is easy to determine your status – you may be the driver, the passenger, the vehicle at fault, or the vehicle not at fault. Maritime claims, however, are much more complicated. There are essentially four classes of claimants:
- Seamen
- Maritime workers who are not seamen
- Offshore oil and gas workers
- Passengers in a recreational boating accident
Your legal status will depend on a multitude of factors, and will dictate the type of maritime claim you can assert as well as the type of compensation you can expect. A good maritime attorney can help you determine your status and make the right legal claim.
When do I need to file my claim?
There is a statute of limitations that applies to maritime claims for personal injuries. Under 46 U.S.C app. § 763(a) (2000), a maritime claim for personal injuries must be filed within three (3) years.
What damages may be recovered in a maritime personal injury case?
If you are hurt in a maritime accident as result of another party’s unreasonable conduct and/or negligence, you may be entitled to compensation for:
- Loss of past and future wages
- Loss of future earning capacity
- Pain, suffering, and mental anguish
- Past and future medical expenses
Speak With a
Maritime Lawyer
Early guidance can materially affect the outcome of your claim. We offer free initial consultations.
