Metairie MARITIME ACCIDENT LAWYER

Not every maritime worker qualifies as a seaman under the Jones Act. In general, a worker must spend a significant portion of their job aboard a vessel in navigation and contribute to the vessel's mission or operation. 

Port workers, cargo handlers, shipyard employees, and many other land-based maritime workers are typically covered under different laws, such as the Longshore and Harbor Workers' Compensation Act, rather than the Jones Act. 

While both laws protect injured maritime workers, they provide different legal remedies. The Jones Act allows qualifying seamen to pursue negligence claims against their employer and may permit recovery for damages such as pain and suffering, while the Longshore and Harbor Workers' Compensation Act generally provides no-fault benefits for medical treatment and lost wages without requiring proof of employer negligence. 

Which law applies can significantly affect the compensation and legal options available after an injury.

Maintenance and cure is a unique benefit available to many injured seamen. It generally requires an employer to pay certain living expenses and reasonable medical treatment while the worker recovers, regardless of who caused the injury. These benefits may continue until the worker reaches maximum medical improvement.

Potentially. Vessel owners have a legal duty to provide a seaworthy vessel for its intended use. If unsafe equipment, poor maintenance, inadequate staffing, or other unseaworthy conditions contributed to an injury, additional legal claims may be available.

A vessel does not have to be sinking or falling apart to be considered legally unseaworthy. A missing safety guard, defective winch, broken ladder, inadequate crew, or improperly maintained equipment could all create an unseaworthy condition if they make the vessel unsafe for its intended use. 

By contrast, ordinary cosmetic wear or minor issues that do not affect safety generally are not enough on their own to make a vessel legally unseaworthy.

Maritime workers have important legal protections, and employers are generally prohibited from retaliating against employees for reporting safety concerns or workplace injuries. If you believe you were disciplined or terminated because you reported an unsafe condition, you should speak with an attorney about your rights.

Yes, in many cases. Maritime laws frequently apply to injuries that occur offshore, although the specific rights and remedies available depend on where the accident happened, your job duties, and the law governing your claim.

You may still have a claim. Maritime accidents often involve multiple employers, contractors, vessel owners, or other third parties working together on the same job. Depending on which maritime law applies to your case, you may be able to pursue compensation from a negligent third party in addition to the benefits or claims available through your employer.

Transfers between vessels can present significant safety risks, particularly in rough water or poor weather conditions. If negligence, unsafe equipment, or inadequate procedures contributed to the accident, you may have grounds to pursue compensation depending on the circumstances.

Report the accident as soon as possible, seek medical attention, and notify your supervisor or employer according to company procedures. If your condition allows, photographs of the accident scene, equipment involved, and visible injuries may also help preserve important evidence.

You should understand the purpose of any recorded statement before agreeing to provide one. Speaking with an attorney first can help you avoid misunderstandings or incomplete statements that may later be used to challenge your claim.

That depends on the type of claim and the circumstances surrounding your injury. While employers may recommend or arrange medical treatment in some situations, injured maritime workers may have additional rights regarding their medical care depending on the applicable law.

Medical records, accident reports, vessel logs, maintenance records, photographs, witness statements, and Coast Guard investigation materials can all play an important role. Preserving this evidence early may strengthen your claim if liability is later disputed.

In some circumstances, yes. Depending on the facts of the case and the law that applies, surviving family members may be entitled to wrongful death damages, death benefits, or compensation through a survival action. The benefits and damages available vary depending on whether the claim is brought under the Jones Act, the Longshore and Harbor Workers' Compensation Act, general maritime law, or another applicable statute.

It's generally a good idea to keep copies of medical records, wage information, correspondence with your employer or insurance company, and any other documents related to the accident until your claim has been fully resolved. These records may become important if questions arise during settlement negotiations or litigation.