What is the difference between maritime law and the Jones Act?
Maritime law — also called admiralty law — is the entire body of law governing activities on navigable waters. It includes numerous statutes, court-developed doctrines, and international conventions. The Jones Act is one specific federal statute within maritime law — the one that gives injured seamen the right to sue their employer for negligence. Maritime law also includes the LHWCA, DOHSA, OCSLA, unseaworthiness doctrine, maintenance and cure, and general maritime negligence. When people say ‘maritime law,’ they often mean the Jones Act — but the full framework is much broader.
I work on the Mississippi River, not the Gulf. Am I covered by maritime law?
Yes. Maritime law applies to all navigable waters of the United States, not just open ocean or the Gulf of Mexico. The Mississippi River, Atchafalaya River, Red River, Calcasieu River, the Gulf Intracoastal Waterway, and Louisiana’s inland bayous and waterway system are all navigable waters for purposes of federal maritime jurisdiction. Workers injured on barges, tugboats, towboats, and other vessels on these waterways have full Jones Act and maritime law protections.
I’m a commercial fisherman in South Louisiana. Do I qualify for Jones Act coverage?
Yes. Commercial fishermen — shrimpers, oystermen, crabbers, finfish harvesters — who work as crew aboard fishing vessels are Jones Act seamen. The Jones Act applies regardless of the size of the vessel or whether the employer is a large corporation or an individual boat owner. One of the most important things a South Louisiana fisherman needs to know is that the Jones Act’s maintenance and cure obligation is absolute — it applies even if you were partially at fault for your injury, and your employer cannot simply refuse to pay because they claim the accident was your fault.
What is the difference between maintenance and workers’ compensation?
Workers’ compensation is a state-law system that typically pays a percentage of wages and medical expenses, caps recovery, bars lawsuits, and does not compensate for pain and suffering. Maintenance and cure is a maritime law obligation that pays daily living expenses (maintenance) and all medical costs (cure) regardless of fault — but is separate from, and in addition to, the right to sue for full damages under the Jones Act. An injured seaman can receive maintenance and cure while simultaneously pursuing a Jones Act negligence claim for pain and suffering, lost earning capacity, and full damages. Workers’ compensation provides neither that level of medical coverage nor the right to sue.
Can I file a claim if I was injured at a Louisiana shipyard?
Yes. Workers injured at Louisiana shipyards are typically covered by the Longshore and Harbor Workers’ Compensation Act, which provides medical benefits, wage replacement, and the right to sue responsible third parties — including vessel owners whose vessel’s condition contributed to the injury. Shipyard workers also frequently have occupational disease claims from asbestos, silica, and lead exposure that can be pursued under maritime law regardless of when the disease is diagnosed, as long as the diagnosis occurs within applicable limitations periods.
How long do I have to file a maritime injury claim in Louisiana?
Jones Act claims: 3 years from the date of injury. LHWCA claims: 1 year from the injury date, with employer notice required within 30 days. DOHSA wrongful death claims: 3 years from the date of death. General maritime law negligence claims: 3 years is the typical standard. Maintenance and cure claims have no strict filing deadline but should be pursued promptly. Waiting weakens every type of claim — evidence disappears, witnesses become unavailable, and vessel logs can be altered. Contact us as soon as possible after your injury.
What if multiple parties were responsible for my injury?
Maritime injuries frequently involve multiple potentially liable parties — the vessel owner, the employer, a co-employee, a third-party contractor, an equipment manufacturer, or a platform operator. Maritime law allows claims against all responsible parties, and the comparative fault system means that each party’s share of liability is determined proportionally. Having an attorney who understands how to identify and pursue all available defendants is critical to maximizing your recovery. George has handled cases involving simultaneous Jones Act, unseaworthiness, LHWCA, and third-party negligence claims in the same case.
Does it matter if my employer is based outside Louisiana?
No. Maritime law is federal law, and your employer’s state of incorporation does not affect your rights. Many Gulf Coast maritime employers are incorporated in Texas, Delaware, or other states. George is licensed to practice in the U.S. District Courts for all three Louisiana districts and the Fifth Circuit Court of Appeals, and has handled cases against maritime employers based across the country.
What if the accident happened in international waters?
U.S. maritime law, including the Jones Act, can apply to incidents occurring in international waters if the worker is a U.S. seaman employed on a U.S.-flagged vessel or by a U.S. employer. For incidents in international waters beyond 3 nautical miles from shore, the Death on the High Seas Act applies to wrongful death claims. For passenger injuries on cruise ships that departed from U.S. ports, general maritime negligence applies. These cases involve additional complexity — particularly if the vessel was flagged in another country — and should be evaluated by an experienced maritime attorney.
How much does a maritime injury case cost to pursue?
Nothing upfront. The Maritime Injury Law Firm handles all maritime injury cases on a contingency fee basis. We advance all litigation costs — filing fees, expert witnesses, deposition costs, investigation — and are reimbursed only out of a successful recovery. If we don’t recover for you, you owe nothing. The initial consultation is free and confidential.
