Louisiana maritime personal injury lawyers

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. 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) 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. 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.

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 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 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.