If you become injured on the job as an offshore worker in New Orleans, Louisiana, or around the Gulf Coast, The Maritime Injury Law Firm can fight to ensure you and your family receive the compensation you deserve.
It is important to keep in mind that there is a statute of limitations for filing a lawsuit due to an illness or injury. Failure to meet that statute could forfeit your right to receive compensation — an unfortunate and costly oversight. While the statute of limitations for a maritime lawsuit is three years, there are some exceptions.
Different Acts Have Different Statutes
Though the Jones Act is the prominent and most comprehensive piece of legislation protecting maritime workers, other acts, such as The Longshore Harbor Workers’ Compensation Act (LHWCA), the Death on the High Seas Act (DOHSA), the Outer Continental Shelf Lands Act (OCSLA), and the Admiralty Jurisdiction Act, Suits in Admiralty Act, and Public Vessels Act, all have different statutes of limitations.
- The Jones Act: In addition to Maintenance and Cure benefits, the Jones Act also covers the right for seamen to seek compensation for damages when they are injured or become ill due to a vessel, shipowner, captain, or crew. Except for very rare circumstances, seamen have three years to file a lawsuit and be eligible for compensation.
- Longshore and Harbor Workers’ Compensation Act (LHWCA): LHWCA requires injured workers to file a claim within 30 days from when the injury occurred and no later. Also, to receive any benefits, you must file your claim within one year after the injury date.
- Death on the High Seas Act (DOHSA): A family member of an offshore worker who died due to a wrongful act, neglect, or default that took place three nautical miles from the U.S. shoreline, under DOHSA, has three years to file a claim.
- Outer Continental Shelf Lands Act (OCSLA): Under OCSLA, your claim is governed by the statute of limitations of the closest adjacent state, which can be confusing. So, if Louisiana is the closest state to where the accident took place, you have just one year to file your claim. If it is Texas, you have two years to file your claim. Here at The Maritime Injury Law Firm, we can help you determine the closest adjacent state so that you can move forward with your lawsuit in a timely manner.
- Admiralty Jurisdiction Act, Suits in Admiralty Act, and the Public Vessels Act: While you technically have two years to file a claim under these acts, a six-month denial period needs to be considered. This denial period cuts down on time to file, making the statute of limitations only 18 months. Also, it is important to note that under many circumstances, you may have to file a claim with the employer before filing a lawsuit.
What Workers Qualify To File a Maritime Lawsuit Under The Jones Act?
All qualified seamen can file a maritime lawsuit under the Jones Act. This typically means that the employee works aboard a ship, vessel, or fleet of ships that their employer owns.
The work must contribute to the vessel’s functionality, with a minimum of 30% of their time aboard in certain jurisdictions. This can include barges, cargo ships, and tugboats in and around New Orleans, Louisiana, and throughout the Gulf Coast.
What About Workers in New Orleans Filing a Maritime Lawsuit Against the U.S. Government?
In New Orleans, offshore workers sometimes have injury claims against the government.
Workers who would file a maritime lawsuit against the government include merchants or seamen on a U.S. naval ship, aboard the Military Sealift Command, or crewmembers working onboard a vessel owned or operated by a government agency.
The Jones Act does cover these claims, but it is important to note that the three-year statute of limitations does not apply. When filing a maritime lawsuit against the U.S. government, the statute of limitations is two years, not three.
If you aren’t sure if your claim should be against the government, The Maritime Injury Law Firm can determine who is responsible — so that you can file your maritime lawsuit properly.
Why Are Statutes of Limitations Important for Offshore Workers?
As an offshore worker in New Orleans, Louisiana, it is essential to know the statutes of limitations so that your maritime lawsuit is not dismissed solely because you failed to file it on time.
If you are injured while working, The Maritime Injury Law Firm understands the intricacies of the Jones Act — for both regular and government suits — and can file your injury claim accurately, with plenty of time to collect and evaluate all necessary documentation.
Contact The Maritime Injury Law Firm in New Orleans, Louisiana Today
Filing a lawsuit within the maritime industry can be complicated — one wrong move and the case could easily face dismissal. If you are injured or become ill while working offshore, you cannot allow your lawsuit to fall through the cracks on a technicality.
Here at The Maritime Injury Law Firm, we understand The Jones Act and other maritime laws in detail and navigate them with ease. With over 20 years of maritime experience throughout the Gulf Coast, we will make sure you file on time and fight fervently on your behalf. To discuss the specifics of your case, contact us today to set up a free and confidential consultation.
