Which law covers your maritime injury?
Maritime work on the Gulf Coast and Louisiana’s waterways is dangerous. If you were hurt on the job on a vessel or a navigable waterway, you may be covered by the Jones Act or by the Longshore and Harbor Workers’ Compensation Act (LHWCA). These federal laws provide very different benefits and protections, and the first step in any maritime case is figuring out which one applies to you.
If you were hurt on an offshore platform or rig, see our page on offshore injuries.
The Jones Act: protection for injured seamen
The Jones Act (46 U.S.C. § 30104) is a federal law that protects “seamen,” workers who spend significant time aboard vessels in navigation, whether at sea or on inland waterways. It allows an injured seaman to bring a claim against their employer for negligence.
Are you a Jones Act seaman?
Courts decide seaman status using the two-part test from Chandris, Inc. v. Latsis:
- Your duties contribute to the vessel. Your work must contribute to the function of a vessel or the accomplishment of its mission.
- You have a substantial connection to a vessel in navigation. Your connection to a vessel (or an identifiable fleet of vessels) must be substantial in both duration and nature.
TODO: attorney to confirm whether to mention the 30% time-on-vessel guideline the old page used.
Workers who may qualify include:
- Deckhands
- Captains and boat operators
- Marine engineers
- Tugboat crews
- Galley hands and cooks
- Cruise ship crew, wait staff and entertainers
- Other vessel crew members
What an injured seaman may recover
TODO: attorney to verify the legal statements in this section (maintenance and cure, unseaworthiness, Jones Act negligence standard).
Maintenance and cure
Maintenance and cure is a long-standing maritime right that requires an employer to care for an injured seaman regardless of fault:
- Maintenance is a daily payment toward basic living expenses, like rent and food, while you recover and cannot work.
- Cure is payment for medical treatment reasonably related to your injury until you reach maximum medical improvement.
If an employer refuses to pay maintenance and cure or stops it too early, the seaman may be entitled to additional damages and attorney’s fees.
Unseaworthiness
Vessel owners must provide a vessel that is reasonably fit for its intended purpose, properly maintained, and equipped with adequate gear and a competent crew. Common unseaworthy conditions include:
- Defective equipment or machinery
- Slippery or poorly maintained decks
- Inadequate safety procedures
- An undermanned or poorly trained crew
- Missing tools, lighting or protective gear
- Safety devices that do not work
Unseaworthiness claims are brought under general maritime law and are often pursued together with Jones Act negligence claims.
Jones Act negligence
An injured seaman can sue their employer for negligence. Employer negligence may include:
- Failing to provide proper equipment or training
- Requiring unsafe work practices
- Ignoring complaints about unsafe conditions
- Failing to warn about known hazards
- Keeping unqualified or reckless crew members on the job
- Ordering work in unsafe weather
Jones Act negligence claims can include past and future lost wages, medical expenses, pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement or disability.
The Longshore and Harbor Workers’ Compensation Act
TODO: attorney to verify the LHWCA statements in this section, including the benefit rate.
The LHWCA is a federal workers’ compensation law for dockworkers, harbor workers and other maritime employees who work near the water but not mainly on a vessel. Covered workers often include:
- Longshoremen and stevedores
- Shipbuilders and shipbreakers
- Welders and ship repairers
- Harbor construction workers
- Offshore oil and gas workers in certain situations
LHWCA benefits include weekly disability payments (generally two-thirds of your average weekly wage), medical treatment and prescriptions, permanent impairment awards and vocational rehabilitation. You do not have to prove negligence to receive LHWCA benefits, but the LHWCA does not pay for pain and suffering. You may also have a separate claim against a third party whose negligence caused your injury.
Why work with us on a maritime case
Our attorneys have litigated and tried Jones Act cases in state and federal courts in Louisiana, Texas, Arkansas, Mississippi and beyond. Maritime law has its own rules, its own deadlines and its own courts, and we know how to use them for injured workers. Michael McDonald earned CALI Excellence Awards in Admiralty Law and Offshore Personal Injury in law school, and he worked as a pipefitter and boilermaker during breaks from college, so he understands the work our clients do.
Read more: Jones Act seaman status in Louisiana.