Introduction
Maritime law, also known as admiralty law, governs legal matters involving ships, offshore workers, and marine-related activities. New Orleans, as a major port city, has a strong maritime industry, making it a hub for offshore workers, seamen, and dock employees. If you have been injured in a maritime accident, a New Orleans maritime lawyer can help you recover compensation under laws like the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and general maritime law.
Why You Need a Maritime Lawyer
Maritime injury cases are complex, involving specific federal laws that differ from standard personal injury claims. A New Orleans maritime lawyer can assist you by:
- Determining Eligibility – Assessing whether you qualify under the Jones Act, LHWCA, or another maritime law.
- Filing a Claim – Ensuring your case is properly documented and filed within legal deadlines.
- Negotiating Settlements – Maximizing compensation for lost wages, medical bills, and pain and suffering.
- Representing You in Court – If a fair settlement cannot be reached, your attorney will fight for you in court.
Common Maritime Accidents
Some of the most common maritime accidents include:
- Slip and Falls on Ships or Docks – Wet decks, loose cables, and poor maintenance can lead to severe injuries.
- Offshore Rig Accidents – Explosions, fires, or equipment failures on oil rigs can cause life-threatening injuries.
- Drowning and Near-Drowning Incidents – Occurring due to poor safety measures or defective equipment.
- Equipment Malfunctions – Faulty winches, cranes, or machinery leading to serious injuries.
- Toxic Exposure – Chemical spills or exposure to hazardous substances at sea.
- Crane and Loading Accidents – Incidents during cargo loading and unloading, often leading to crushing injuries.
Laws That Protect Maritime Workers
Several federal laws protect injured maritime workers, including:
1. The Jones Act
- Applies to seamen injured on the job due to employer negligence.
- Allows injured workers to sue their employers for damages.
2. Longshore and Harbor Workers’ Compensation Act (LHWCA)
- Covers dockworkers, shipbuilders, and harbor workers.
- Provides medical benefits, wage replacement, and rehabilitation services.
3. The Death on the High Seas Act (DOHSA)
- Protects families of workers who die in maritime accidents beyond U.S. territorial waters.
- Allows for wrongful death claims against negligent employers.
4. General Maritime Law (Maintenance and Cure)
- Requires employers to cover medical expenses and living costs until a seaman reaches maximum medical improvement.
Who Can Be Held Liable?
Liability in maritime accidents may involve:
- Shipowners and Employers – For failing to provide a safe working environment.
- Vessel Operators and Crew Members – If their negligence caused the accident.
- Equipment Manufacturers – If defective machinery or tools contributed to injuries.
- Third-Party Contractors – If their actions led to hazardous conditions on board.
Types of Compensation Available
An injured maritime worker may be entitled to compensation for:
- Medical Expenses – Covering hospital stays, surgeries, and rehabilitation.
- Lost Wages – Compensation for missed work and future earning potential.
- Pain and Suffering – Payment for physical and emotional distress.
- Disability Benefits – If the injury results in long-term impairment.
- Wrongful Death Benefits – If a loved one loses their life in a maritime accident.
Steps to Take After a Maritime Accident
If you are injured while working offshore, follow these steps:
- Seek Immediate Medical Attention – Get treated for any injuries and document your condition.
- Report the Incident – Notify your employer or supervisor as soon as possible.
- Document the Accident – Take photos of the scene and gather witness statements.
- Keep Medical Records – Maintain copies of doctor’s reports, prescriptions, and bills.
- Contact a Maritime Lawyer – Protect your legal rights and explore your compensation options.
Choosing the Right Maritime Lawyer in New Orleans
When looking for a New Orleans maritime lawyer, consider:
- Experience in Maritime Law – Lawyers with a track record of handling Jones Act and LHWCA claims.
- Proven Success in Settlements – A history of winning high-value compensation for maritime workers.
- No Upfront Fees – Many maritime lawyers work on a contingency basis, meaning they only get paid if you win.
Frequently Asked Questions (FAQs)
1. What is the Jones Act, and how does it help injured seamen?
The Jones Act allows injured seamen to sue their employer for negligence, unlike standard workers’ compensation laws. This means higher compensation for injuries compared to traditional claims.
2. How long do I have to file a maritime injury claim?
Under the Jones Act, you have three years from the date of the acciden