Louisiana Maritime Law - All You Need to Know 2025

Louisiana Maritime Law – All You Need to Know

On Behalf of Jacqueline A. Scott & Associates

| May 03, 2025 |

Louisiana maritime law affects the lives of many people who work on the water. It also applies to those who support offshore industries. Without experience, it can be difficult to understand and follow the laws. After a maritime injury, victims need to act fast.

Table of Contents

The Jones Act

The Jones Act protects seamen who get hurt while doing their job. It gives them the right to file a claim against an employer. The negligence of the employer has to have caused injury.

To qualify under the act, a worker must spend a large part of their time on a vessel. The vessel must be “in navigation.” That doesn’t always mean open ocean—it can include rivers. The seaman has to work on a vessel for at least 30% of the time.

Damages under the Jones Act can include lost wages and medical bills. Some claims also seek future earnings. This applies if the injury affects long-term work. The law helps balance the risks that come with offshore jobs.

The Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) also helps workers who support vessels. It applies to those who do not qualify as seamen. People like loaders and shipbuilders qualify under the LHWCA.

The law pays for medical care and some wages after a work injury. It does not require that the employer was negligent. The injured worker only has to show that the injury happened at work.

This act fills the gap in traditional workers’ comp. It is helpful for those who do not qualify for seamen’s claims under the Jones Act. In general, an LHWCA claim must be filed within 30 days of the injury happening.

Common Maritime Claims in Louisiana

Louisiana maritime workers contribute $4.4 billion to the state’s GDP. However, they also face a lot of risks. Some of the most common claims in Louisiana include:

Offshore platform injuries. Workers on oil rigs are subject to dangerous conditions, and many claims stem from poor training. Breaks in machinery can lead to crush injuries if they fall on top of a worker. These cases often rely on the Jones Act.
Vessel accidents. Boat workers are constantly subjected to poor weather, and poor staffing can increase the risk of an accident. Injured workers may file claims for issues connected with the vessel.
Dock injuries. Maritime law still applies to workers loading cargo. They might not be officially classified as seamen. This means they have to file under the Longshore and Harbor Workers’ Compensation Act.
Slip and fall accidents. The surfaces of vessels are often slippery, which can lead to injury. A seaman can file a negligence claim under the Jones Act. A harbor worker may use a different law.
Wrongful death claims. The family of a maritime worker can still file a claim if the worker dies offshore. Sometimes, these can be filed under the Death on the High Seas Act. The cause of death has to be connected to employer negligence.

Each of these claims requires different types of proof. An attorney can help you understand which law applies to your case.

What to Do After a Maritime Injury

The first step after a maritime injury is to get medical care, even if your injuries seem minor. A delay in treatment can hurt recovery, but medical records can help the claim.

The injury should be reported to the employer right away. Most jobs require a written report. This creates a record of what happened.

The worker should avoid signing anything without an attorney or giving recorded statements. Employers often push to settle fast. The first offer rarely covers the real costs of an injury.

Time Limits for Filing

The time limit you have to file a claim is different depending on which law you file under. Filing under the Jones Act gives you three years from the date of injury. This also applies to general maritime law.

LHWCA claims have a shorter time limit. The formal claim must be filed within one year. However, some claims are considered occupational illnesses. These are usually related to toxic chemical exposure, and they might be able to be filed within two years. However, these are less common.

Regardless of the time limit, you should still file as soon as possible. Missing a deadline can end the case before it starts.

FAQs

Q: What Types of Maritime Claims Are Common in Louisiana?

A: The types of maritime claims that are common in Louisiana are related to offshore oil platforms. Common claims include injuries from equipment failures and harmful substances. Workers often file claims for unsafe work conditions. With 70,780 total workers in the maritime industry, many claims are filed every year.

Q: Does the Jones Act Apply to Offshore Workers?

A: The Jones Act applies to seamen, but offshore workers sometimes qualify as seamen. To be eligible, a worker has to spend most of their time on a vessel in navigation. The worker can seek damages if the employer’s negligence caused the injury. The law applies even if the vessel never leaves the state.

Q: Can Injured Maritime Workers Sue Their Employers in Louisiana?

A: Injured maritime workers cannot sue their employers like typical employees. Maritime workers don’t qualify for regular workers’ compensation. Instead, they must use the Jones Act. Some maritime workers don’t qualify as seamen. They might qualify under the Longshore and Harbor Workers’ Compensation Act. Employers often fight these claims, but an attorney can help.

Q: What Is the Difference Between Maintenance and Cure and Workers’ Compensation?

A: The difference between maintenance and cure and workers’ compensation is based on the employee classification. Maintenance and cure is a maritime rule that covers basic needs after a work injury. Maintenance pays for living expenses, while cure covers medical care until the worker recovers. It applies to seamen only and is paid no matter who caused the injury