MARITIME PERSONAL INJURY
Louisiana—and especially New Orleans—is a hub for maritime activity for many reasons. One example is the importance of the Port of New Orleans, which is the second-biggest international water port in the country by weight. Another example of Louisiana’s major role in maritime activity is the presence of a lot of offshore oil production activities in the Gulf of Mexico. A final big reason Louisiana is so central for maritime activity is because it is located on the Mississippi River, which is a major route for transporting goods within the United States. Louisiana’s importance means that it is no surprise that Louisiana courts also handle a lot of maritime personal injury claims.
There are different times of maritime and admiralty legal cases involving personal injury. There are different laws that protect different types of individuals who are injured while on or near the water. The most common include the Jones Act, the Death on the High Seas Act, and the Longshoremen and Harbor Workers Compensation Act.
The Jones Act
The Jones Act, which deals with injured “seamen” (crewmembers on a vessel). Maritime workers who count as “seamen” can bring claims for unseaworthiness and for maintenance and cure benefits. If you or a loved one is a seaman who is hurt on-the-job, you could have a Jones Act claim. Many different types of injuries could be the basis for a Jones Act claim, depending on the facts. For example, injuries could range from less serious injuries to very serious injuries like losing a limb or even death. Workers on the following types of vessels might qualify as Jones Act claimants, just to name a few:
Jack-up rigs
Semi-submersibles
Barges
Dredges
Towboats
Fishing boats
Cargo ships
Motorized platforms
The Death on the High Seas Act
The Death on the High Seas Act was created to allow surviving family members to recover damages against a shipowner when the victim dies in international waters (in other words, beyond U.S. territorial waters). The big things to look for here are if the shipowner was negligent or if the ship was unseaworthy. If you have a loved one who died while at sea, you may have a claim under this law.
Longshoremen and Harbor Workers Compensation Act
Another big area of law is the Longshoremen and Harbor Workers Compensation Act (LHWCA). This law governs when a longshoreman or harbor worker is injured or killed. Basically, if a victim gets injured on the job on navigable waters or even areas near them—such as loading and unloading areas or areas used for repairing and building vessels—then the victim might have a LHWCA claim.
If you qualify as an injured seaman, you have the right to sue your employer for negligence under the Jones Act, as well as bring claims for unseaworthiness, and maintenance and cure. Baer Law knows how to navigate you through the rough waters that occur in a maritime personal injury case to maximize your claim! If you think you may have a claim, contact a Baer Law personal injury attorney today for a FREE case review.