Were you injured while working on the water? Did you get hurt as a result of a maritime-related incident? Even though maritime work is dangerous by nature, accidents are more likely to occur when employers cut corners and vessel owners fail to uphold safety measures.
The injuries that these behaviors can cause for crew members, longshoremen, and passengers are overwhelming in many ways, but we want you to know that you’re not alone. It all starts with reaching out to a Baton Rouge personal injury lawyer.
At Cueria Law Firm, we’ve built our reputation on standing up for injured maritime workers and representing accident victims as their Baton Rouge maritime lawyer.
Scope of Maritime Law in Baton Rouge
Located on the Mississippi River, the geographic location of Baton Rouge places it at the center of some of the busiest inland waterways in the United States. This river supports commercial shipping traffic, including barges carrying bulk commodities, tugboats, and large vessels.
These are often involved in both interstate and international trade. Louisiana’s coastal waters also support the offshore drilling and fishing industries, both of which have unique legal considerations under maritime law.
Maritime law applies to navigable waters, which include rivers, lakes, harbors, and the open sea. In Baton Rouge, this encompasses the Mississippi River and its tributaries, as well as nearby ports and inland waterways. Here are examples of claims arising in this jurisdiction:
- Injuries to crew members on commercial vessels
- Claims by longshoremen and harbor workers
- Passenger injuries on vessels
- Vessel collisions and allisions
- Cargo damage or loss
- Salvage and towage disputes
- Pollution and environmental damage claims
Maritime law is distinct from general personal injury law. This is primarily because of the federal statutes and case law that preempt state laws in many maritime matters.
This creates a specialized legal framework that governs the rights, responsibilities, and remedies available to those affected by maritime incidents.
Key Federal Laws Governing Maritime Claims in Louisiana
Several federal statutes form the backbone of maritime law claims in Baton Rouge and the wider Louisiana coastal region. Let’s take a look at some of these federal-level laws:
The Jones Act
Also known as the Merchant Marine Act of 1920, this law protects seamen who are injured while working on vessels. It allows injured seamen to bring negligence claims against their employers and provides remedies similar to personal injury lawsuits on land.
The Jones Act requires employers to maintain a safe working environment and holds them accountable for any negligence.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
This statute provides workers’ compensation benefits to maritime workers such as longshoremen, harbor workers, and other maritime employees who are injured on navigable waters or adjoining areas used for loading and unloading vessels.
The LHWCA often serves as an exclusive remedy, limiting injured workers’ ability to bring personal injury lawsuits except under specific circumstances.
The Death on the High Seas Act (DOHSA)
DOHSA allows families of seamen and passengers who die due to wrongful acts occurring more than three nautical miles from shore to pursue wrongful death claims. The statute provides for pecuniary damages but does not compensate for loss of companionship or mental anguish.
General Maritime Law
Beyond these statutes, maritime law is heavily shaped by federal court decisions interpreting maritime customs, contracts, and torts. General maritime law governs issues like vessel collisions, salvage rights, and maritime liens.
Types of Maritime Workers Covered
Baton Rouge maritime lawyers work to protect a broad range of workers connected to vessel operations and maritime commerce, including:
- Seamen: These are crew members who work on a vessel and contribute to its mission. They commonly include deckhands, engineers, and captains. Seamen are covered by the Jones Act.
- Longshoremen and harbor workers: These are people who load, unload, and handle cargo at both ports and docks. They are primarily covered by the LHWCA.
- Offshore oil and gas workers: These are employees working on rigs, platforms, and vessels engaged in offshore drilling and production.
- Ship pilots and towboat operators: These are those responsible for navigating vessels through ports and waterways.
Each category of worker may have different rights and remedies depending on their employment status, the nature of their work, and the location of their injury. Your maritime lawyer in Baton Rouge will make sure you are classified appropriately based on your role.
Vessel Collisions and Liability in Maritime Law
Collisions between vessels or between vessels and fixed structures are a major source of maritime litigation. Determining liability in these cases requires Baton Rouge maritime attorneys to apply maritime navigation rules to the circumstances at hand.
Known as “Rules of the Road,” it also entails evaluating the conduct of vessel operators. Maritime law recognizes that vessels must follow specific protocols to avoid collisions, including maintaining proper lookout, following navigation signals, and taking timely evasive action.
When a collision occurs, liability may be shared among parties, and courts apply principles of comparative fault under maritime law. Additionally, damages may include property damage to vessels, cargo loss, environmental cleanup costs, and personal injury or wrongful death claims.
Meet With Attorneys at Our Maritime Law Firm in Baton Rouge
Maritime accidents can lead to serious and life-altering injuries, especially for workers and passengers traversing Louisiana’s busy waterways. If you’ve been injured while working offshore or traveling aboard a vessel, you might be entitled to compensation under maritime law.
At Cueria Law Firm, our maritime lawyers in Baton Rouge fully understand maritime laws, and we’re deeply familiar with the challenges that these cases can present. As your maritime lawyer in Baton Rouge, we’re prepared to fight for your rights and guide you through the legal process.
Let us help you move forward. Schedule a free consultation today so we can review your case and start pursuing justice on your behalf.
