Louisiana Offshore Worker Injury Claims
Working offshore in Louisiana means facing dangers that most people never dream of in their jobs. Whether you work on the Clovelly Hub oil rig in South Louisiana, a drilling platform, or a supply vessel, you are exposed to numerous hazards. In the event of an injury or accident, getting Louisiana offshore worker injury compensation is far more complicated than other standard workers’ compensation claims.
At Douglas & London, our Louisiana offshore work injury lawyers help offshore workers and their families recover the full compensation they deserve under federal maritime law. If you or a loved one has been hurt while working offshore, this page explains everything you need to know and why having experienced legal representation makes all the difference.
The Legal Framework for Offshore Injury Claims in Louisiana
Different laws govern offshore injury claims in Louisiana, and they each provide offshore workers and their families with certain protection. Each law applies to different categories of workers and vessels. Understanding which law applies to your situation is the first critical step in protecting your rights.
The Jones Act
The Jones Act is the primary federal law protecting seamen. It applies to workers who spend a significant portion of their employment on a vessel in navigation. Under this law, injured seamen can sue their employer for negligence and request compensation for pain and suffering by only demonstrating that the employer’s negligence played a part, however slight, in causing the injury. Such cases can be filed in a federal or state court.
General Maritime Law
This law allows seamen to bring unseaworthiness claims against vessel owners. If any worker is injured because the vessel is unfit for its intended purpose, the worker can seek compensation from the vessel owner, along with punitive damages.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
The Longshore and Harbor Workers’ Compensation Act (LHWCA) applies to maritime workers who are not seamen, such as dock workers and shipbuilders. It provides them with compensation benefits regardless of fault, such as medical care, disability payments, and death benefits to families if the worker dies.
Other laws, such as the Death on the High Seas Act (DOHSA) and the Outer Continental Shelf Lands Act (OCSLA), also provide remedies for workers who lose their lives on the high seas, on stationary drilling rigs, or on islands on the Outer Continental Shelf. These laws help your Louisiana offshore injury lawyer fight for your claims and ensure you achieve the best possible result.
Common Causes of Offshore Injuries
Some of the common causes of offshore accidents are;
- Fires and Explosions: Working in an oil or gas facility carries a constant risk of a fire outbreak due to the inflammability of materials or equipment malfunction. An example of this is the fatal Whitney Oil and Gas offshore explosion of 2024.
- Falls From Heights: This is ranked among the leading causes of offshore fatalities; falls from vessel decks, ladders, or grated walkways are quite common. Slippery surfaces from oil and weather conditions at sea also cause these.
- Chemical or Toxic Exposure: Offshore workers can be unintentionally exposed to harmful substances such as benzene, hydrogen sulfide, and drilling muds, all of which can cause long-term health issues.
- Vessel Collisions and Capsizing: Supply boats or crew transfer vessels operating in Gulf waters can capsize or collide with other vessels or offshore installations due to severe weather.
- Equipment-Caused Accidents: Faulty or improperly maintained equipment, such as cranes or defective pressure valves, can cause serious injuries on rigs and at sea.
These accidents cause severe, life-altering injuries like:
- Traumatic brain injuries and skull fractures
- Spinal cord injuries and paralysis
- Severe burns and smoke inhalation injuries
- Crush injuries that can lead to amputations
- Broken bones and joint injuries
- Internal organ damage, especially from high falls
- Hearing loss from steady exposure to noise and no proper PPE
- Occupational lung disease and respiratory conditions caused by toxic exposure and inhalation
- Psychological trauma
- Wrongful death
What to Do When Involved in an Offshore Accident
In the occurrence of an offshore accident, stop work immediately and seek medical attention, even if the injury seems minor. Report the injury formally to your supervisor, who should complete an accident report and follow safety protocols.
Properly document the incident by taking photographs and videos of your injuries, and make sure you preserve any physical evidence. Take notes of everything that happened, the conditions, and also how it happened.
Make sure you give no recorded statements or sign any settlement documents from your employer’s insurance company without an attorney present. Contact an offshore injury lawyer immediately, as the sooner you act, the stronger your ability to preserve critical evidence.
Challenges Unique to Offshore Injury Claims
As a victim of an offshore injury, you face a series of challenges when making your claim, which is why experienced legal representation is essential. Here are some of the challenges:
Determining Which Law Applies
The type of vessel you work on and how much time you spend offshore determine which law you are covered by. Determining whether it is under the Jones Act, general maritime law, or other laws is a grey area heavily contested by employers and insurers. This is because the answer directly affects the amount of compensation you are eligible for.
Aggressive Opposition
Offshore companies tend to have experienced maritime defense attorneys and insurers whose full-time job is minimizing what they pay injured workers. They investigate the accident from their own perspective, looking for ways to make you seem at fault while pressuring you to accept a quick and lower settlement.
Statutes of Limitations
Depending on the law governing your situation, the deadlines may differ. Jones Act claims have a three-year statute of limitations from the date of injury. LHWCA claims are valid for one year. General maritime wrongful death claims are subject to a three-year statute of limitations. After these deadlines, you permanently lose your right to compensation, regardless of how strong your case is.
Preserving Evidence
Evidence in offshore cases, such as surveillance footage, maintenance records, crew logs, and even witness statements, can disappear quickly as shifts change and platforms are cleaned or repaired. Act quickly to preserve evidence and contact your lawyer to make sure your claim has the evidence required.
Why Choose Us for Your Offshore Injury Claim?
After an injury, your priority must be to heal and get better. At Douglas & London, we understand this, which is why our team of New Orleans offshore injury lawyers brings our full resources, expertise, and aggressive advocacy to your case to ensure we recover the best possible compensation for you.
We understand the offshore industry, its players, safety regulations, and tactics. We use this know-how when investigating to ensure a fair result. We also understand the human cost and that money can’t buy everything.
Still, it can help you and your family limit the financial impact of an accident and compensate you for its widespread effects on your lives. Contact us today for a free, confidential consultation, as time matters in these cases.
FAQs
Can the family of a worker who was killed offshore file a claim?
Yes, they can. Surviving family members are entitled to compensation under the law applicable to the deceased’s job. These claims can include funeral expenses, loss of financial support, and loss of services and companionship.
Do I need to be a U.S. citizen to file an offshore injury claim?
No. The Jones Act and maritime law generally apply to all offshore workers based on where you work and the nature of your employment, not your citizenship status.
Can I still file a claim if I was partially at fault for my injury?
Yes. Maritime law uses a pure comparative fault system, which means your percentage of fault reduces your compensation, but it doesn’t stop you from recovering anything. Even if you were 50% at fault, you can still recover 50% of your damages.
