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Reviewing the Laws

Maritime Injuries

Bateman McDonald Law Firm represents maritime workers injured on vessels and navigable waterways throughout Louisiana, the Gulf of Mexico, and the Mississippi River. From Jones Act claims to Longshore and Harbor Workers' Compensation Act cases, we know federal maritime law and fight to hold employers and vessel owners accountable.

 

Maritime work on the Gulf Coast and Louisiana's waterways is inherently dangerous. If you suffered a work-related injury on a vessel or navigable waterway, you may be covered by the Jones Act or the Longshore and Harbor Workers' Compensation Act (LHWCA). These federal laws provide significantly different benefits and protections.

 

Bateman McDonald Law Firm has extensive experience navigating both systems and can determine which law applies to your case and how to recover every dollar you are owed.

Louisiana Maritime Injury Lawyer |
Jones Act Attorney | Baton Rouge

The Jones Act: Federal Protection for Injured Seamen

The Jones Act (46 U.S.C. § 30104) is a federal law protecting "seamen" who spend significant time working aboard vessels in navigation. The Jones Act applies to offshore workers injured at sea or on navigable inland waterways.

 

The Jones Act permits injured seamen to recover for injuries caused by employer negligence or the use of unseaworthy vessels, tools, or equipment.

Are You a Jones Act Seaman?

To qualify as a Jones Act seaman, you must meet these requirements:

  1. Vessel in Navigation – You must be employed on a vessel that is in operation and capable of movement

  2. Contribution to Vessel's Function – Your duties must contribute to the vessel's mission, operation, or purpose

  3. Substantial Connection to the Vessel – You must have a substantial connection to a specific vessel or fleet

  4. Time Spent on the Vessel – Generally, spending at least 30% of work time on a vessel meets this requirement

Workers Who May Qualify as Jones Act Seamen:

  • Deckhands

  • Captains and boat operators

  • Marine engineers

  • Tugboat operators

  • Galley hands and cooks

  • Cruise ship wait staff and entertainers

  • Vessel crew members

What You Can Recover Under the Jones Act

1. Maintenance and Cure

Maintenance and cure is a centuries-old maritime right requiring vessel owners to care for injured seamen regardless of fault:

  • Maintenance – Daily payment covering basic living expenses (rent, food) while recovering and unable to work

  • Cure – Payment for all medical treatment reasonably related to your injury until maximum medical improvement (MMI)

 

If your employer refuses to pay maintenance and cure or terminates it prematurely, you may be entitled to back pay, punitive damages, and attorney's fees.

2. Unseaworthiness Claims

Vessel owners have a legal duty to provide a seaworthy vessel that is reasonably fit for its intended purpose, properly maintained, and equipped with adequate gear and competent crew.

 

Common unseaworthy conditions include:

  • Defective equipment or machinery

  • Slippery or poorly maintained decks

  • Inadequate safety procedures

  • Incompetent or short-staffed crew

  • Lack of proper tools, lighting, or protection

  • Inoperative safety devices

 

Unlike negligence claims, you do not need to prove fault—only that the vessel condition was unsafe and contributed to your injury. Unseaworthiness claims are brought under general maritime law and often pursued together with Jones Act negligence claims.

3. Jones Act Negligence Claims

Under the Jones Act, an injured seaman can sue their employer directly for negligence. You are entitled to recover if your employer's failure to use reasonable care played any part, even the slightest, in causing your injury.

 

Employer negligence may include:

  • Failing to provide proper equipment or training

  • Requiring unsafe work practices

  • Ignoring complaints about unsafe conditions

  • Failing to warn of known hazards

  • Allowing unqualified or reckless crew to continue working

  • Ordering work during unsafe weather conditions

 

Jones Act negligence allows you to seek full tort damages including:

  • Past and future lost wages

  • Medical expenses

  • Pain and suffering

  • Mental anguish

  • Loss of enjoyment of life

  • Disfigurement or disability Our attorneys have litigated and tried many

 

Jones Act cases in state and federal courts throughout Louisiana, Texas, Arkansas, Mississippi, and beyond. Maritime law is a complex and highly specialized area of federal law with rules different from state-based personal injury law. Bateman McDonald Law Firm attorneys have the knowledge and experience to handle your maritime injury case. There are plenty of lawyers who advertise for maritime cases, but very few actually understand how to use maritime law to their client's advantage.

Longshore and Harbor Workers' Compensation Act (LHWCA)

The LHWCA is a federal workers' compensation law covering dockworkers, harbor workers, and other maritime employees who work near water but not primarily on a vessel.

 

Covered workers often include:

  • Longshoremen and stevedores

  • Shipbuilders and shipbreakers

  • Welders and ship repairmen

  • Harbor construction workers

  • Offshore oil and gas platform workers (in certain situations)

 

Benefits under the LHWCA include:

  • Weekly disability payments (66 2/3% of your average weekly wage)

  • Medical treatment and prescriptions

  • Permanent impairment awards (based on AMA guidelines)

  • Vocational rehabilitation services

 

You do not need to prove negligence to receive LHWCA benefits, but unlike the Jones Act, you cannot recover for pain and suffering.

Offshore Platform Injuries and OCSLA

The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. § 1331 et seq.) extends certain legal protections to offshore workers injured on fixed platforms or structures on the Outer Continental Shelf, such as:

• Oil and gas production platforms

• Fixed drilling rigs

• Offshore wind turbine installations

• Subsea pipeline work areas

 

If you were injured working on one of these structures, you may be entitled to federal benefits similar to the LHWCA, including:

• Weekly disability benefits

• Medical treatment

• Vocational rehabilitation

• Permanent disability compensation

 

You may also have a separate personal injury claim against a third party for full damages including past and future lost wages, pain and suffering, mental anguish, medical expenses, and loss of earning capacity.

 

We have the experience and resources to:

• Investigate which company caused the injury

• Discover why the incident occurred and how it could have been prevented

• File claims in federal or state court, depending on what best protects you

• Go to trial if the defendants don't pay what your case is worth

 

Bateman McDonald Law Firm knows offshore work. We've represented roustabouts, floorhands, crane operators, engineers, electricians, painters, welders, laborers, and other oilfield personnel who suffered serious, life-changing injuries offshore. We understand OCSLA, Longshore, and Jones Act law. We know how to build complex cases against multiple defendants. We try cases, so the other side knows we're serious. We don't get intimidated by oil and gas giants or big-name defense firms.

Injured offshore or on a Louisiana vessel? Contact Bateman Law Firm for a free consultation about your maritime injury case.
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