If you work along Louisiana’s coast or in the Gulf, the laws that may protect you after an injury can depend heavily on where the accident occurs and the type of work you do. Each system has different rules for liability, compensation and filing claims, which may influence what you could recover.
What federal laws protect offshore workers?
Offshore injuries usually involve two main federal laws: the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The Jones Act generally protects seamen who spend a substantial amount of their working time—often at least 30% on a vessel in navigation. Unlike standard workers’ compensation, the law may allow qualifying you to seek compensation if their employer’s negligence contributed to their injury.
If you do not meet the criteria to be considered a seaman, the LHWCA may cover you. Shipbuilders, dockworkers, harbor employees, shoreside workers and stevedores often fall under this law. The coverage may also extend to injuries that occur while you work on a vessel or offshore, even if you do not qualify as a seaman.
What types of offshore accidents might qualify under the LHWCA?
The LHWCA can cover a range of incidents, including:
- Shipbuilding and repair accidents
- Loading or unloading cargo or equipment
- Slip or fall accidents on docks or vessels
- Machinery and heavy equipment accidents
- Injuries from defective tools or products
- Construction accidents near maritime areas
The law may also cover occupational diseases linked to hazardous exposures. You usually need to file a claim within one year for traumatic injuries. For occupational diseases, the law may allow up to two years from the date you recognize the connection between your illness and your work.
Liability under the LHWCA is generally limited to your employer, meaning you may not sue them for negligence. However, claims against third parties, such as vessel owners, might be possible if their actions contributed to the injury. The LHWCA can provide medical care, lost wages and rehabilitation, though the compensation may differ from what the Jones Act allows.
How are onshore injuries handled under Louisiana law?
For injuries that occur on land, Louisiana’s workers’ compensation system typically applies. It provides medical and wage benefits without requiring proof of fault. Like the LHWCA, onshore employees often cannot sue their employer directly for negligence.
Protecting your recovery options
Staying informed about federal and state protections can make a significant difference in what maritime injury compensation you may receive. Considering your work location, job duties and timing of the injury can help you with the claims process more confidently and avoid unnecessary setbacks.
