Maritime Injury Claims

Have You Been Injured Working Offshore Or On A Rig?

Working offshore, whether in a fishery, oil rig, cruise ship, or even on docks, can be even more dangerous than most industries on land. And yet, if you are injured on the job at sea, you do not have the same rights or procedures to follow as you might for a workers’ compensation claim on land.

Here in Louisiana, with so many families depending on offshore industries like fisheries, oil and gas, or tourism for their survival, the Robichaux Law Firm, LLC has come face-to-face with such cases on a regular basis.

With over 50 years of experience working locally and across the country with maritime injury victims, our lawyers understand the nuances of the different options for obtaining justice and financial compensation.

Your Options For Financial Compensation After A Maritime Injury

The Jones Act – Aka The Merchant Marine Act of 1920

This law covers you if you spend at least 30% of your working time on a ship or other vessel (including oil rigs!). If you are injured on the job as:

• An officer or crew member on a ship,
• An employee on an offshore oil rig,
• Worker on a supply vessel,
• A fishing vessel deckhand,
• Any kind of staff on a cruise ship,
• A merchant mariner,
• A ferry worker,

This is likely the first law we’ll look to to help you claim compensation for your injury, though it may not be the only one.

However, under the Jones Act, the burden of proof falls on you as the injured party to prove that your employer was at fault. You will have to demonstrate (with our help!) that your employer’s negligence contributed to your injury, such as by failing to provide a safe work environment, or failing to implement and follow safety protocols.

In a successful Jones Act claim, you are allowed to obtain a larger amount of financial compensation for a wider variety of damages than you would under a land-based state workers’ compensation claim, including non-economic harm and loss like emotional pain and suffering.

Maintenance and Cure Benefits

If you are unable to prove negligence, you may still be entitled to compensation to cover your medical treatment and living expenses under these principles of common law. While they predate the United States, they have been recognized by US courts, and employers can even be made to pay your legal fees and additional punitive compensation if they refuse to cover these essential costs after an illness or injury at sea.

Unseaworthiness Doctrine

Another key principle in maritime law dictates that every employer at sea has an obligation to provide a safe, secure and most importantly, seaworthy vessel. If you were injured because the ship or rig you were on was unsafe or ineffective, including because of a lack of training for crew members, this doctrine may allow you to hold them accountable, even if they cannot be deemed negligent (for example, because they did not know about the situation).

The Longshore and Harbor Workers’ Compensation Act (LHWCA) – 1927

If your job involves ships, docks, and their repair, but you do not work primarily at sea (less than 30%), you might instead qualify for compensation under the Longshore Act. Chances are, this is the law under which you will need to make a claim if you are a shore-based maritime employee, such as:

• A ship builder or repairer
• A dock worker
• A harbor construction worker

While the compensation you are eligible for under this act is not as extensive as the Jones Act, it does not prevent you from making additional claims against your employer or other third parties for negligence if they contributed to your injury.

Injured At Sea: Call The Robichaux Law Firm, LLC, Today

The world of maritime law is complex, but the dangers of working at sea or on water are great. Don’t worry if you’re unsure of which type of claim you may qualify for; that’s our job. As long as you have been injured, the Robichaux Law Firm, LLC should be your first port of call.

To schedule a free consultation with a maritime injury attorney on our team, call (504) 298-0318 or reach out online and tell us about your injury.

We are so committed to helping workers and their families in Louisiana and beyond that we will never charge you for our legal services unless we secure you financial compensation.