Do I qualify for a Jones Act claim if I work on Louisiana’s inland waterways?
Yes. The Jones Act applies to navigable waters throughout the United States, not just open ocean. Workers injured on tugboats, barges, and towboats on the Mississippi River, Atchafalaya River, Red River, Calcasieu River, and the broader Louisiana waterway network all qualify — as long as they meet the seaman status test. The key question is whether you spent at least 30% of your work time aboard a vessel in navigation and whether your work contributed to the function of that vessel.
I work on a jack-up rig. Am I covered by the Jones Act?
Possibly, yes. Jack-up rigs are generally considered vessels under the Jones Act when they are being moved from location to location — when they are floating from hole to hole. Courts have found that movable offshore drilling units, including jack-ups, semi-submersibles, and drillships, qualify as vessels particularly when they are dynamically positioned or in transit. Employers frequently argue otherwise to deny Jones Act coverage. This is a contested legal question that depends heavily on the specific facts of your situation, and you should not accept your employer’s characterization of it without getting an independent legal opinion.
The company is already providing my medical care. Do I still need a lawyer?
Yes — and this is one of the situations where getting legal advice early matters most. When the company directs your medical care, they are typically steering you toward physicians whose professional relationship depends on that company’s referrals. These doctors have a documented pattern of minimizing documented injury severity and declaring Maximum Medical Improvement before the worker has actually stabilized. You have the legal right to your own independent physician, and your employer is required to pay for that treatment under their maintenance and cure obligation. Accepting company-directed medical management without independent legal counsel frequently results in premature MMI declarations that cut off benefits you’re entitled to continue receiving — and an injury record that understates the true severity of what happened to you.
I was injured during a helicopter flight to or from an offshore platform. Do I have a claim?
Yes. Helicopter transport accidents during crew changes to and from offshore facilities are a recognized category of maritime injury claim. Depending on the circumstances, you may have a Jones Act claim, a claim against the helicopter operator under general maritime law or aviation law, and/or a claim against the platform operator. These cases often involve multiple potentially liable parties. Call us immediately — evidence in helicopter accident cases, including flight data recorders and maintenance records, needs to be preserved quickly.
How long do I have to file an offshore injury claim in Louisiana?
Jones Act claims have a three-year statute of limitations from the date of injury. LHWCA claims must be filed within one year, and the employer must be notified within 30 days of injury. Death on the High Seas Act (DOHSA) claims carry a three-year limit from the date of death. However, the practical deadline is much sooner — witnesses become unavailable, vessel logs can be altered or lost, and physical evidence disappears quickly. In our experience, the best cases are the ones where we’re involved early. Call us as soon as possible after your injury.
The company offered me a quick settlement. Should I take it?
Almost certainly not before speaking with a maritime lawyer. Early settlement offers from maritime employers are routinely worth a fraction of what the case would actually be worth at trial. The company’s adjuster is experienced at resolving these claims cheaply. They do it every day. The consultation is free, confidential, and carries no obligation — the only way to know whether an offer is fair is to have someone who has handled hundreds of these cases evaluate it. Once you sign a release, you cannot go back.
Will I be blacklisted if I file a Jones Act claim?
Being blacklisted is the fear that keeps many injured workers from pursuing what they’re owed — and it’s a fear that maritime employers deliberately cultivate. Federal law prohibits retaliation against a worker for filing a legitimate injury claim. Additionally, many of our clients have recovered substantial settlements and returned to offshore work afterward. When you’re injured, you will hear a lot of advice from fellow workers, company representatives, and others — most of it designed to discourage you from pursuing your legal rights. Don’t let that fear make a life-altering decision for you. Talk to an attorney first.
What if I was partly at fault for my injury?
Under the Jones Act’s comparative fault system, you can still recover even if you were partially responsible for your injury. Your damages are reduced by your percentage of fault — but you are not barred from recovery entirely. Maritime employers routinely and aggressively overstate worker fault as a strategy to reduce their exposure. Don’t accept their characterization of what happened without getting an independent legal evaluation of the evidence.
Can I sue my employer if I was injured by a co-worker’s negligence?
Yes. The Jones Act expressly provides that an injured seaman can recover from their employer for injuries caused by the negligence of a fellow crewmember. This is one of the important distinctions between the Jones Act and typical workers’ compensation — you can pursue your employer for the negligent acts of your coworkers, not just for the company’s own direct negligence.
What is the difference between the Jones Act and workers’ compensation?
Standard workers’ compensation is a no-fault system that limits your recovery to medical expenses and a percentage of lost wages — it does not allow recovery for pain and suffering, and awards are generally capped by statutory schedules. The Jones Act, by contrast, allows full tort recovery including pain and suffering, mental anguish, loss of enjoyment of life, and full lost earning capacity. For a seriously injured offshore worker, the difference in potential recovery can be enormous. This is why maritime employers frequently attempt to characterize their workers as non-seamen subject to workers’ compensation rather than Jones Act coverage.
How much does it cost to hire The Maritime Injury Law Firm?
Nothing upfront. We handle all offshore injury cases on a contingency fee basis — we only get paid if we recover compensation for you. There are no hourly charges, no retainer fees, and no legal fees if we don’t win. The initial consultation is free and confidential.
