Maritime Law in Louisiana: What Injured Workers Need to Know
Because Louisiana sits along the Gulf Coast, maritime law plays a major role in the state’s legal system. Maritime workers face dangerous conditions every day. These workers include seamen, crew members, commercial fishermen, and offshore oil rig workers.
When an accident or injury happens, maritime workers often face a complex legal process. Federal laws, strict deadlines, and unique legal standards can make these cases difficult. For that reason, injured workers need an experienced maritime lawyer who understands Louisiana maritime law.
Cueria Law Injury Lawyers has more than 30 years of experience handling maritime injury cases. The firm represents injured maritime workers and their families throughout Louisiana.
This guide explains the basics of maritime law, including the Jones Act, maintenance and cure, unseaworthiness claims, and how a maritime lawyer can help protect your rights.
Maritime Law in Louisiana: The Basics
Maritime law, also called admiralty law, governs injuries that occur on navigable waters. These laws often differ from standard personal injury claims and usually fall under federal jurisdiction.
The Jones Act
The Jones Act, formally known as the Merchant Marine Act of 1920, protects injured seamen. This federal law allows maritime workers to seek compensation when negligence or unsafe vessel conditions cause an injury.
Under the Jones Act, an injured seaman may file a lawsuit against an employer in federal court. Unlike traditional workers’ compensation, the Jones Act allows injured workers to recover full damages.
Maintenance and Cure Claims
Maritime workers who suffer injuries or illnesses while working are entitled to maintenance and cure, regardless of fault.
- Maintenance covers daily living expenses while the worker cannot work.
- Cure covers medical treatment until the worker reaches maximum medical improvement (MMI).
These benefits apply even when no one acted negligently.
Unseaworthiness Claims
Vessel owners must provide a seaworthy vessel. A vessel must remain reasonably safe, properly equipped, and adequately staffed.
When an unseaworthy condition causes an injury, the vessel owner may face strict liability. In these cases, the injured worker does not need to prove negligence.
Who Qualifies as a Jones Act Seaman?
To qualify as a seaman under the Jones Act, a worker must meet three requirements:
- Contribute to the function or mission of a vessel
- Have a substantial connection to the vessel in both duration and nature
- Work on a vessel that is in navigation
Vessels may include ships, barges, floating platforms, mobile drilling rigs, and floating production storage and offloading units (FPSOs).
Employer Duties Under the Jones Act
Under the Jones Act, employers must provide:
- A reasonably safe place to work
- Safe tools and equipment
- Competent officers and crew
While employers do not guarantee safety, they remain liable for injuries caused by negligence, unsafe equipment, or improper supervision.
Maintenance, Cure, and Unearned Wages Explained
When a maritime worker becomes injured or ill, the law provides three key benefits:
- Maintenance: Reasonable room and board expenses while ashore
- Cure: Medical expenses until the worker reaches MMI
- Unearned wages: Wages the worker would have earned through the end of the job or season
These benefits apply even if the worker shares fault for the injury.
Common Causes of Unseaworthiness Claims
Unseaworthiness claims often involve unsafe conditions, such as:
- Too few crew members
- Inadequately trained crew or captain
- Improperly loaded or stored cargo
- Missing safety rails or guards
- Lack of fire suppression systems
- Unsafe living quarters
- Defective elevators or hoists
How a Maritime Lawyer Can Help
Experienced maritime lawyers help injured workers navigate complex legal claims. The legal team at Cueria Law Injury Lawyers can:
- Investigate the accident and identify negligence or unseaworthiness
- File Jones Act claims and related lawsuits
- Secure maintenance, cure, and unearned wages
- Negotiate settlements or take cases to trial when needed
What to Do After a Maritime Injury
If you suffer an injury while working offshore or on navigable waters, take these steps immediately:
- Report the injury to your employer
- Photograph the accident scene
- Seek medical treatment right away
- Collect witness contact information
- Speak with an experienced maritime lawyer before signing any documents
Your Trusted Maritime Lawyer in Louisiana
For more than 30 years, Brent Cueria and the team at Cueria Law Injury Lawyers have fought for injured maritime workers across Louisiana.
The firm has secured successful settlements and jury verdicts for maritime clients and remains committed to protecting workers’ rights.
If you or a loved one suffered an offshore or maritime injury, contact Cueria Law Injury Lawyers for a free consultation. Legal deadlines may apply, so do not wait to get help.
