A man overboard incident can go from an ordinary workday to life-threatening in seconds. It remains one of the leading causes of serious injury and death in the maritime industry, and it can happen to the most experienced crew members on a well-run vessel. If you survived a fall overboard while working offshore in Louisiana or lost a family member to one, federal maritime law may entitle you to significant compensation.
At The Maritime Injury Law Firm, we have spent over 20 years representing offshore workers and their families across Louisiana and the Gulf Coast. Here is what you need to know about how these accidents happen, what the law requires of your employer, and what your options are.
What Is a Man Overboard Accident?
A man overboard accident occurs when a worker unexpectedly falls from a vessel or offshore structure into the water. These incidents happen across a range of maritime work environments, including ships at sea and in port, offshore drilling rigs, fixed platforms, and dockside operations.
Common causes include:
- Slippery or wet decks with inadequate traction or drainage
- Poor visibility during night operations or heavy weather
- Rough seas and unexpected wave swells
- Being struck by equipment such as a swinging boom or crane load
- Inadequate guardrails or missing fall protection in high-risk areas
- Insufficient safety protocols or failure to enforce the ones that exist
- Human error by crew members or supervisors
The longer a person remains in the water, the greater the risk of drowning, hypothermia, or traumatic injury from vessel contact. How the crew responds in the first minutes matters enormously.
What Crews Are Required to Do When Someone Goes Overboard
Most maritime workers don’t realize that federal regulations and established maritime safety standards impose specific obligations on vessel crews when a man overboard incident occurs. An employer’s failure to follow these protocols is not just a safety lapse. It can constitute negligence under the Jones Act.
When someone goes overboard, the crew should immediately:
- Shout “man overboard” and maintain continuous visual contact with the person in the water
- Sound the alarm, including three whistle blasts and a ship-wide announcement
- Deploy a GPS marker buoy to track the victim’s position, particularly in low visibility
- Throw flotation devices, life rings, buoys, or anything that floats, toward the victim immediately
- Execute proper recovery maneuvers, including the Williamson turn, Anderson turn, or Scharnov turn, to bring the vessel back to the victim
- Dispatch a small boat if the victim is injured, unconscious, or unable to assist in their own recovery
If the crew failed to follow these steps and that failure contributed to the severity of your injuries, that is directly relevant to your legal claim.
What Employers Are Required to Do Before Anyone Goes Overboard
Prevention is a legal obligation, not just a best practice. Employers and vessel owners have a duty under the Jones Act to maintain a seaworthy vessel and provide a reasonably safe work environment. That includes:
- Requiring all personnel to wear personal flotation devices in high-risk areas
- Maintaining clean, dry decks free of tripping hazards
- Installing and maintaining guardrails and handholds in areas where falls are a risk
- Conducting regular man overboard drills so every crew member knows the rescue procedure
- Enforcing a buddy system so no worker is alone on deck in dangerous conditions
If your employer failed to meet these obligations and you were hurt as a result, that failure is the foundation of a Jones Act negligence claim. If you have questions about whether your employer’s safety failures contributed to your accident, an experienced maritime attorney can evaluate your situation directly.
What You Can Recover After a Man Overboard Accident in Louisiana
Surviving a man overboard incident often means weeks or months of medical treatment, time away from work, and, in serious cases, permanent physical limitations. Under the Jones Act and related maritime statutes, injured seamen can recover:
- Lost wages and future earning capacity if your injuries prevent a return to maritime work
- All medical expenses, past and future, including surgery, rehabilitation, and long-term care
- Pain and suffering, mental anguish, and loss of enjoyment of life
- Maintenance and cure, your unconditional right from the date of injury through maximum medical improvement, regardless of fault
- Wrongful death damages for families who lost a loved one in a man overboard accident
Families pursuing wrongful death claims may also have options under the Death on the High Seas Act if the incident occurred more than three nautical miles from the U.S. shoreline.
Frequently Asked Questions About Man Overboard Accidents
Can I file a Jones Act claim after a man overboard accident if I survived?
Yes. The Jones Act is not limited to fatalities. If you were injured in a man overboard incident and your employer’s negligence contributed to the accident or to the severity of your injuries, you have a potential Jones Act claim. Negligence in these cases can include anything from missing guardrails to a crew that failed to execute proper recovery maneuvers.
What if I were wearing a life jacket and still got hurt?
The presence or absence of a life jacket affects the outcome of a man overboard incident, but it does not determine liability. If your employer’s negligence caused the fall or delayed the rescue, your injuries are compensable regardless of what safety equipment you were wearing at the time.
What if the man overboard accident killed my family member?
Families of maritime workers killed in man-overboard accidents may have claims under the Jones Act, the Death on the High Seas Act, or the general maritime law, depending on where the incident occurred and the circumstances. These claims can include compensation for lost future income, loss of support, and other economic damages. George has represented Gulf Coast families in exactly these situations.
How do I prove my employer was negligent after a man overboard accident?
Evidence in man overboard cases includes vessel logs, safety inspection records, crew training documentation, maintenance records, and witness accounts from others on board. This evidence needs to be secured quickly. Vessels return to service, logs get updated, and crew members rotate off. The sooner an attorney is involved, the stronger the evidentiary foundation of your case.
Does it matter that the accident happened offshore rather than in a Louisiana port?
No. The Jones Act applies to seamen regardless of whether the incident occurred in a Louisiana harbor, on the Gulf of Mexico, or further offshore. The location affects which specific statutes may apply, but it does not eliminate your rights under federal maritime law.
What if I were partially at fault for going overboard?
You can still recover. The Jones Act uses a comparative fault system, meaning your damages are reduced by your percentage of fault but not eliminated. Employers frequently overstate the workers’ fault in man overboard cases to reduce their exposure. Do not accept that characterization without speaking to an attorney.
George Vourvoulias represents injured maritime workers and their families throughout Louisiana and the Gulf Coast. Contact us today or call (504) 584-6300, free and confidential, 24/7.
