Maritime industries are often more dangerous than other types of work, however, the workers may not have access to Louisiana workers’ compensation. Fortunately, several laws cover injuries to longshoremen, harbor workers, crew members, and more.
Several laws may cover maritime workers depending on where they work and what they do, including the Death on the High Seas Act (DOHSA), the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), and the Outer Continental Shelf Lands Act. Because getting compensation can be complicated, you should seek legal counsel from an experienced personal injury attorney. A Louisiana maritime injury lawyer could investigate the facts of your accident and determine the best way to pursue your claims.
Death on the High Seas Act
The Death on the High Seas Act, 46 U.S.C. § 30301 et seq., is an admiralty law focusing on wrongful deaths that provides a cause of action for family members who lose a loved one because of a disaster or negligence in international waters.
Many people associate the high seas with boating, but oil rig workers may also be in international waters. An oil rig explosion or other disaster could lead to a cause of action under this law, which a Louisiana maritime injury attorney could explain further. Some survivors may be able to bring claims under both the DOHSA and the Jones Act.
The Jones Act
The Jones Act, 46 U.S.C. § 50101 et seq., is a comprehensive act preventing foreign-flagged ships from transporting cargo between particular U.S. ports. In addition to those restrictions, the Jones Act creates a cause of action for U.S. sailors who are injured at sea as well as offshore oil rig workers. Sailors who suffer personal injuries have the right to bring claims of negligence against ship owners, and these rights go beyond the rights of international maritime law.
One of the biggest questions in a Jones Act claim is whether the employee qualifies as a seaman or sailor. Under judicial interpretations of the Jones Act, a person who spends less than 30 percent of their time in service on a vessel in navigable waters is not a seaman.
A benefit of the Jones Act is that the injured person or a survivor’s family can bring suit in either state or federal court. A Louisiana attorney who handles maritime law could provide advice about which court is more appropriate for someone’s claim.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq., provides workers’ compensation coverage for those employed on or near navigable waters in jobs directly related to the function of the harbor, such as loading, unloading, building, or repairing a vessel. The compensation is in lieu of Louisiana state workers’ compensation coverage.
An injured worker does not have to be on navigable waters at the time of the accident, but they must be engaged in maritime employment that is integral to a harbor’s function and spend most of their time on or near the navigable waters, which means some workers, like clerks, cashiers, or restaurant workers, are not covered. Anyone who is uncertain whether Louisiana workers’ compensation or the LHWCA covers their injuries should consult a maritime injury lawyer.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act, 43 U.S.C. § 1331, extends LHWCA protections to people who are working to explore or develop natural resources on the outer continental shelf. It fills the gaps for workers who may not otherwise have coverage under the Jones Act or the LHWCA. A Louisiana maritime injury lawyer could examine the location of the accident and the nature of a person’s employment to determine whether this law applies.
Consult a Maritime Injury Attorney in Louisiana
There are several laws protecting dockworkers, sailors, seamen, oil rig workers, longshoremen, and others who work on or near navigable waters. When you have been injured in one of these jobs, you may not know how to pursue a claim, but you must file under the correct law in order to get compensation. A Louisiana maritime injury lawyer could help you file for the benefits you deserve. Schedule a free consultation to find out more, and know that you do not have to pay us anything until we win your case.
