# Louisiana maritime personal injury lawyers > Injuries on vessels and offshore sit under federal law rather than ordinary state injury rules, which changes who can be claimed against and what is recoverable. Canonical page: https://www.taddalaw.com/maritime-personal-injury/ Injuries on vessels and offshore sit under federal law rather than ordinary state injury rules, which changes who can be claimed against and what is recoverable. Before anything else, a maritime claim turns on who the injured person was and what they were doing. Those threshold questions do not arise at all in an ordinary road collision, which is why a maritime matter is not simply an injury claim that happened to occur on water. ## Federal law, different rules Maritime injury claims are governed by a body of federal law that looks very different from a Louisiana road collision. Seaman status, vessel ownership, and the nature of the work all affect which route a claim takes, and therefore what can be recovered. Erik Tadda and Jeremy Hader both list admiralty and maritime law among their practice areas. ## Where it happened, and what the job really was The firm’s own writing on these cases makes the point that the first question often is not what happened, but where. An accident aboard a vessel on navigable waters may involve one set of laws, while an injury at a dock, shipyard, terminal, or offshore facility may involve another. The second question is what the injured person actually did for a living, and job titles mislead. One mechanic may spend nearly every working day aboard vessels while another rarely sets foot on one. Maritime law looks at the work itself, not the business card. ## Seamen and the Jones Act A seaman injured in the course of employment may bring a civil action against the employer, with the right to a jury trial, under the Jones Act, [46 U.S.C. 30104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104&num=0&edition=prelim). If the seaman dies from the injury, the personal representative may bring it. The statute applies the rules that govern injury claims by railway employees. Whether someone qualifies as a seaman is the threshold question, and it is fact specific. It depends on the person’s connection to a vessel and the nature of their work, not on a job title. The duties owed to a seaman include prompt and adequate medical care when a crew member is hurt or falls ill in the service of the vessel. Under general maritime law, that obligation, together with a daily living allowance while the seaman recovers, is known as maintenance and cure, and it does not depend on anyone being at fault. ## Longshore and harbor workers Many people injured on or near the water are not seamen at all. The federal Longshore and Harbor Workers’ Compensation Act covers people engaged in maritime employment such as longshoring, ship repair, shipbuilding, and ship-breaking, and its definition in [33 U.S.C. 902(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902&num=0&edition=prelim) expressly excludes the master and crew of a vessel. That exclusion is why the seaman question matters so much. It decides whether an injured worker is in a compensation system or has a claim against the employer, and the difference shapes the whole case. ## More than one company is usually involved The vessel owner might not employ the injured worker, and the employer might not own the vessel. Another contractor may have maintained the equipment, and someone else may have loaded the cargo. Sorting out those relationships takes time, because responsibility is not always as obvious as it first appears, and each company may carry its own insurance. ## The deadline is three years Unless another law provides otherwise, a civil action for personal injury or death arising out of a maritime tort must be brought within three years after the cause of action arose, under [46 U.S.C. 30106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106&num=0&edition=prelim). That is longer than Louisiana’s two year period for most injury claims, and it is one of the reasons it matters which body of law applies. ### Which federal rules may apply to a maritime injury | Who was hurt | What may apply | Source | | --- | --- | --- | | A seaman injured in the course of employment | A civil action against the employer, with a right to a jury trial (the Jones Act) | [46 U.S.C. 30104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104&num=0&edition=prelim) | | A longshore or harbor worker, such as a ship repairer or shipbuilder | The federal longshore and harbor workers’ compensation system; vessel crew are excluded | [33 U.S.C. 902(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902&num=0&edition=prelim) | | Anyone injured by a maritime tort | A three year deadline, unless another law provides otherwise | [46 U.S.C. 30106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106&num=0&edition=prelim) | A simplified map. Seaman status and coverage turn on specific facts about the vessel and the work. ## Louisiana sees more of this work than most states The industry along the Gulf and the inland waterways means offshore and vessel injuries are a routine part of Louisiana injury practice rather than an exotic corner of it. Rivers, ports, offshore platforms, tugboats, barges, and fishing vessels are part of ordinary working life here. The firm’s post on [why maritime injury cases require knowledge of federal law](https://www.taddalaw.com/blog/why-maritime-injury-cases-require-knowledge-of-federal-laws/) covers the background in more depth. ## Vessels leave, and the evidence leaves with them Unlike a building, a vessel does not stay put. A tugboat involved in an accident today may be hundreds of miles away next week. Equipment gets repaired, crews rotate, and cargo gets unloaded, so the scene that existed right after the accident can disappear quickly. That is why documentation matters so much here: photographs, maintenance records, witness statements, inspection reports, and employment records. Some injuries are also slow to show themselves. Back and shoulder problems, hearing loss, and cumulative trauma may not become fully apparent until long after the incident, and connecting them to the work takes careful review of both medical and employment history. ## What to do after an injury offshore or aboard Report it and make sure the report is written, get the names of the people who were present, and seek treatment rather than waiting to see whether it settles down. As with any injury claim, the medical record made in the first days is what the claim is later proved on. Make sure the treating physician records how the injury happened, not merely what is hurting. A finding without a stated cause leaves an insurer room to argue the injury came from somewhere else, and that argument is far harder to answer months later than it is to prevent at the first appointment. ## Why this page exists on a Baton Rouge injury site Maritime work is not the largest part of this practice, and the firm is straightforward about that. Motor vehicle collisions and [workers’ compensation](https://www.taddalaw.com/workers-compensation-lawyer-baton-rouge/) are most of what it does. It is here because the work is real and because Louisiana is a state where an injured person is far more likely than average to have been hurt aboard a vessel or offshore. Someone searching for help after that kind of injury deserves a direct answer about whether the firm is the right fit, rather than a page written to capture the search. If a matter is better served elsewhere, the consultation is still free and the firm will say so. ## The attorneys who handle maritime claims. Erik Tadda and Jeremy Hader both list admiralty and maritime law among their practice areas, and Erik is admitted to practice in federal court in Louisiana. - [Erik M. Tadda](https://www.taddalaw.com/attorneys/erik-m-tadda/), Managing Attorney - [Jeremy Steven Hader](https://www.taddalaw.com/attorneys/jeremy-steven-hader/), Attorney ## Common questions ### Is a maritime injury claim handled differently from a car accident claim? Yes. Different law applies, and the analysis starts with the nature of the work and the vessel rather than with a crash report and an auto policy. Whether the injured person was a seaman, a longshore or harbor worker, or someone else decides which federal rules apply and what can be recovered. ### What is the Jones Act? A federal law, 46 U.S.C. 30104, that lets a seaman injured in the course of employment bring a civil action against the employer, with the right to a jury trial. If the seaman dies from the injury, the personal representative may bring it. Whether someone qualifies as a seaman is the threshold question. ### Does working around boats make me a seaman? Not automatically. Seaman status under the Jones Act turns on the worker’s connection to a vessel and whether that connection is substantial enough, not on a job title or simply working near the water. Two employees with the same title can have different rights because their day-to-day work is different. ### How long do I have to file a maritime injury claim? Unless another law provides otherwise, 46 U.S.C. 30106 requires a civil action for personal injury or death arising out of a maritime tort to be brought within three years after the cause of action arose. Other deadlines can apply in particular situations, so ask early rather than work to the outside limit. ### I work on the water but not on a boat crew. Am I covered? Possibly by a different system. The federal Longshore and Harbor Workers’ Compensation Act covers people in maritime employment such as longshoring, ship repair, and shipbuilding, and expressly excludes vessel crew. Which system applies depends on your work and where it was done. ## Sources - [46 U.S.C. 30104, personal injury to or death of seamen](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104&num=0&edition=prelim): The Jones Act. - [46 U.S.C. 30106, time limit for maritime personal injury actions](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30106&num=0&edition=prelim): The three year deadline. - [33 U.S.C. 902, definitions](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902&num=0&edition=prelim): Who counts as an employee under the longshore and harbor workers’ law. ## Contact - Firm: The Tadda Law Firm - Address: 4660 O'Neal Lane, Suite A, Baton Rouge, LA 70817 - Phone: (225) 756-0007 (accepts calls and texts) - Toll free: (800) 487-5562 - Email: info@taddalaw.com - Hours: Monday to Friday 08:00 to 17:00. Saturday and Sunday closed. - Consultations: Free same-day consultations, one on one with an attorney. - Google rating: 5.0 from 311 reviews. --- This page is general information, not legal advice. Reading it does not create an attorney client relationship. Past results do not guarantee or predict a similar outcome in any future case.