What Is the Statute of Limitations for Offshore Injuries in Louisiana?
If you’ve suffered an offshore injury in Louisiana, you may be wondering if time is running out to file your claim. The statute of limitations sets deadlines for filing injury cases, and while it isn’t designed to stress you out, it does mean that you need to act quickly to protect your rights.
Waiting too long can hurt your case. Evidence fades, witnesses move on, and you could lose out on the compensation you need to recover and take care of your family.
At The Maritime Injury Law Firm, we help injured offshore workers understand their rights and fight back against employers who try to avoid paying what they owe. Below, we explain how statutes of limitations work for offshore injury claims and why consulting an experienced maritime attorney is essential.
What Are You Entitled to After an Offshore Injury?
Under maritime law, injured workers are protected by several important rights:
Maintenance – Your employer must cover your daily cost of living while you recover.
Cure – Your employer is required to pay for your medical care and treatment.
Two major federal laws provide additional protections for offshore workers:
The Jones Act
The Jones Act protects seamen by guaranteeing:
- A safe work environment.
- The right to choose your own doctor after an offshore injury.
- Compensation for pain, suffering, and lost wages if employer negligence caused your injury.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
This law protects workers who are not covered under the Jones Act, ensuring they receive:
- Compensation for lost wages during recovery.
- Medical care and rehabilitation services until they are fit for work.
If you were injured while working for the federal government or on a U.S. government-owned vessel, different rules apply under the Federal Employer’s Compensation Act.
How Much Time Do You Have to File Your Claim?
In most offshore injury cases, the statute of limitations is three years under maritime law.
However, the deadline may vary based on the details of your situation:
- 1 year – If your claim falls under Louisiana state personal injury laws.
- 2 years – If you are filing a claim against the federal government.
- 3 years – For most maritime injury claims under federal law.
Your timeline depends on where your injury happened, the type of vessel you worked on, and who employed you. That’s why it’s critical to talk with an attorney as soon as possible to confirm how much time you have to act.
Why Acting Quickly Matters
Failing to file before the deadline can result in your case being dismissed entirely, leaving you without compensation for:
- Lost wages.
- Medical expenses.
- Pain and suffering.
- Future care needs.
Our team at The Maritime Injury Law Firm will evaluate your case, determine which laws apply, and ensure your claim is filed on time.
Steps to Take After an Offshore Injury
If you’ve been hurt offshore, here’s what you should do to strengthen your case:
- Document everything – Write down what happened, including dates, times, and any unsafe conditions.
- Seek medical attention – See a doctor of your choice, not just the company’s doctor.
- Avoid signing statements – Don’t let your employer or their insurance company pressure you into signing anything.
- Call an experienced maritime lawyer – The sooner you get legal help, the stronger your case will be.
Contact The Maritime Injury Law Firm Today
Don’t let the clock run out on your offshore injury claim. George Vourvoulias has over 20 years of experience helping injured offshore workers across Louisiana and the Gulf Coast fight for the compensation they deserve.
We know the tricks employers and insurers use to delay or deny claims, and we won’t let them take advantage of you. Contact The Maritime Injury Law Firm today for a consultation, and let’s fight for your future together.
FAQs About Statutes of Limitations for Offshore Injury Claims
What happens if I miss the statute of limitations deadline?
If you file your claim after the deadline, your case can be dismissed entirely. That means you may lose the right to recover compensation for medical bills, lost wages, and other damages, no matter how serious your injury was.
Is the statute of limitations always three years for offshore injuries?
Not always. While most maritime injury claims have a three-year deadline under federal law, some cases have shorter limits, such as state-based claims or injuries involving the federal government. The exact timeline depends on the facts of your case.
When does the statute of limitations start running?
In most cases, the clock starts on the date of your injury. In certain situations, such as occupational illnesses or injuries that develop over time, the deadline may begin when the injury is discovered or should have been discovered.
Does reporting my injury to my employer stop the clock?
No. Reporting an injury or receiving maintenance and cure does not pause or extend the statute of limitations. You must still file your legal claim within the required time period.
What if I’m still receiving medical treatment or maintenance and cure?
Even if your employer is paying maintenance and cure, the statute of limitations continues to run. Waiting until benefits stop can put your claim at risk, which is why speaking with a maritime attorney early is important.
How can a maritime attorney help with filing deadlines?
A maritime attorney can determine which laws apply to your injury, calculate the correct deadline, and make sure all paperwork is filed on time. This helps protect your rights and prevents costly mistakes that could end your case before it begins.
