New Orleans Dock & Longshore Work Injury Lawyers

Building and repairing the docks, wharves, and piers along the Mississippi River is some of the most dangerous construction work in Louisiana. If you were injured on one of these jobs, a dock worker injury lawyer can help you determine which laws apply to your claim. The answer is often federal law, not state law.

Many dock construction injuries fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal benefits system that runs separately from Louisiana workers’ compensation.

Some workers also have claims under the Jones Act or against companies other than their employer. Filing under the wrong system can delay or reduce your benefits.

Douglas & London represents injured workers throughout the New Orleans area. Contact our team for a free consultation. You pay no fee unless we win.

Dock Construction Work Along the New Orleans Riverfront

The Port of New Orleans operates cargo terminals and wharves along miles of the Mississippi River, from the Napoleon Avenue Container Terminal uptown to facilities along the Industrial Canal.

Keeping that system running requires constant construction: rebuilding wharf decks, driving piles, replacing fenders and bulkheads, and expanding terminals to accommodate larger ships.

Dock construction crews face risks that most land-based construction sites don’t:

• Working Over Water: A fall from a wharf deck or pile cap can lead to drowning or a severe impact injury.
• Barge-Mounted Cranes and Pile Drivers: Heavy lifts from a moving platform leave little room for error.
• Falling Loads: Steel pile, concrete forms, and rigging can drop on workers below.
• Slick, Uneven Surfaces: Wet decks, mud, and debris cause slips near open edges.
• Welding and Cutting: Hot work near fuel and water creates burn and electrical hazards.

Does the LHWCA Cover Dock Construction Workers?

In many cases, yes. The LHWCA covers maritime workers who are not seamen, and it specifically names harbor workers among those it protects.

To qualify, you generally need to meet two tests:

• Situs: Your injury happened on navigable water or on an adjoining pier, wharf, dock, terminal, or other area used to load, unload, build, or repair vessels.
• Status: Your work was maritime in nature. Courts have often treated pier and wharf construction as harbor work that meets this test.

Your actual duties matter more than your job title. A pile driver working on the river may qualify, while someone building an office on port property may not.

If you qualify, the LHWCA provides several types of benefits:

• Medical Care: Treatment for your work injury, from a doctor you choose.
• Disability Pay: Generally two-thirds of your average weekly wage while you can’t work, up to a federal maximum that adjusts each October 1.
• Scheduled Awards: Payments for the permanent loss, or loss of use, of certain body parts such as an arm, leg, hand, or eye.
• Vocational Rehabilitation: Retraining help if you can’t return to your old job.

Some dock workers also qualify for Louisiana workers’ compensation, and the two systems can overlap. Learn more about federal benefits on our longshore and harbor worker page.

Jones Act or LHWCA? Why the Difference Matters for Dock Builders

The Jones Act protects seamen. The LHWCA protects most other maritime workers. You can’t collect under both for the same injury, so the category you fall into shapes your entire claim.

To count as a seaman, you generally need a substantial connection to a vessel in navigation. Courts use a rough guideline of about 30% of your work time spent aboard a vessel or fleet. Most dock builders work from the shore or a fixed structure, which places them under the LHWCA.

Marine construction projects blur that line. If you spent most of a job on a crane barge, spud barge, or workboat, you may qualify as a seaman.

Here is how the two systems compare:

	Jones Act	LHWCA
Who It Covers	Seamen with a substantial connection to a vessel	Most non-seamen maritime workers, including many harbor and dock workers
Claims Against Your Employer	Negligence lawsuit allowed	No-fault benefits, but no lawsuit against your employer
What You Can Recover	Lost wages, medical costs, pain and suffering, plus maintenance and cure	Medical care and a portion of lost wages from the employer

 

Employers and insurers sometimes classify workers in ways that limit what they owe. A lawyer can review your job records and time on vessels to see where you fit.

Who Can Be Liable for a Dock Construction Accident in New Orleans?

Under the LHWCA, you usually can’t sue your own employer. That is the trade-off for no-fault benefits. Other companies on a dock project can still be held responsible for your injury if their negligence caused it, and those claims can include pain and suffering.

Potentially liable parties include:

• Vessel Owners: You may bring a negligence claim against the owner of a ship or barge that contributed to your injury.
• General Contractors and Subcontractors: Other companies on site may be liable if they created a hazard or ignored one.
• Equipment Manufacturers: A defective crane, hoist, scaffold, or tool can support a product liability claim.
• Terminal or Property Operators: A company that controls the site may be responsible for unsafe conditions it knew about.

Third-party claims run alongside your LHWCA benefits, so plan them together. Your employer’s insurer may have the right to recover from a third party. In some situations, settling a third-party claim without your employer’s written approval can result in the loss of your right to future LHWCA benefits.

If you aren’t sure who else was at fault, talk with our team about how your accident happened.

OSHA Safety Rules on Louisiana Maritime Construction Sites

Louisiana does not run its own OSHA program for private employers, so federal OSHA rules govern dock and waterfront construction. Depending on the task, a single project can fall under the construction standards, marine terminal standards, longshoring standards, or shipyard standards.

When crews work over or next to water, OSHA’s construction rules require life jackets, ring buoys, and a lifesaving skiff on hand. Common violations on dock jobs include missing fall protection at open edges, no rescue boat on standby, poorly inspected rigging, and crane lifts without proper signaling.

A violation doesn’t automatically prove another company was negligent, but it can be strong evidence in a third-party claim.

Common Injuries From Dock and Pier Construction Accidents

Dock construction accidents often cause serious, long-term injuries:

• Brain Injuries: Falls onto decks or barges and falling loads can cause traumatic brain injuries with lasting effects on memory and mood.
• Spinal Cord and Back Injuries: Falls and heavy lifting can lead to herniated discs, fractures, or spinal cord damage.
• Crush Injuries and Amputations: Pinch points between barges, piles, and machinery can crush hands, arms, and legs.
• Drowning and Near-Drowning: A fall into the river can cause oxygen loss, hypothermia, or death.
• Burns and Electrical Injuries: Welding and cutting near water can cause severe burns and shocks.

Many of the region’s most serious injuries are treated at University Medical Center New Orleans, home to the only Level I trauma center in southern Louisiana.

What to Do After a Dock Injury in New Orleans

The first few days after an accident matter for both your health and your claim:

• Get medical care right away. Prompt treatment protects your health and creates a record tying your injury to the job.
• Report the injury in writing. Tell your supervisor, then give written notice to your employer within 30 days using Form LS-201.
• File your claim on time. You generally have one year from the injury or from your last compensation payment to file an LHWCA claim.
• Document what happened. Photograph the scene and equipment if you can, and write down the names of coworkers who saw the accident.
• Keep your records. Save pay stubs, medical bills, and any letters from your employer or its insurer.
• Be careful with insurers. Avoid recorded statements, and don’t sign a settlement before talking with a lawyer.

Third-party claims follow different deadlines. Maritime negligence claims generally must be filed within three years under federal law. Claims under Louisiana law usually have a two-year deadline for injuries that happened on or after July 1, 2024.

Your Rights If Your Employer Retaliates

Federal law makes it illegal for an employer to fire or discriminate against a worker for claiming benefits or testifying in a claim. Louisiana law offers similar protection for state workers’ compensation claims.

Retaliation can take several forms:

• Termination: Being fired soon after reporting an injury.
• Demotion or Lost Hours: Being moved to lower-paying work or cut from the schedule.
• Pressure Not to File: Being told a claim will cost you your job or future work.

If you reported a safety hazard, OSHA’s whistleblower rules may also protect you. Those complaints have a short 30-day filing window. Keep texts, emails, and notes that show what happened.

Frequently Asked Questions

Can I file for LHWCA benefits and a lawsuit at the same time?

Yes, but not against your employer. You can collect LHWCA benefits and pursue a claim against a vessel owner, contractor, or equipment maker at the same time. Get written approval from your employer and its insurer before settling any third-party claim, as settling without it can, in some cases, cut off future benefits.

Am I covered if I was hurt on land next to the water, not on a vessel?

Often, yes. The LHWCA covers injuries on piers, wharves, docks, and terminals next to navigable water, as long as your job was maritime work.

What if my employer says I’m covered by state workers’ comp instead?

Don’t accept that at face value. Some dock workers are covered by both systems, and federal benefits are often higher. A lawyer can review your job and the location of the injury to determine which systems apply to you.

Can I choose my own doctor after a dock injury?

Yes. The LHWCA lets you choose your treating doctor, as long as the doctor isn’t on the Department of Labor’s unauthorized list. Switching doctors later usually requires approval.

What happens if a defective crane or piece of equipment caused my injury?

You may have a claim against the manufacturer, distributor, or company that maintained the equipment, in addition to your LHWCA benefits. Ask that the equipment be kept in its post-accident condition, since it may be key evidence.

Can a family file a claim if a dock worker died on the job?

Yes. The LHWCA pays death benefits and funeral expenses to eligible survivors, such as a spouse and dependent children. Families may also have a wrongful death claim against a negligent third party. Survivor claims under the LHWCA generally must be filed within one year of the death.

Do I need a lawyer if my LHWCA benefits are already being paid?

Not always, but a review can catch problems early. Insurers can miscalculate your average weekly wage, cut benefits too soon, or dispute your disability rating. A lawyer can also check whether you have a third-party claim you didn’t know about.

Talk to a New Orleans Dock Worker Injury Lawyer at Douglas & London.

A dock injury can leave you out of work, facing medical bills, and unsure which laws even apply. You don’t have to sort out the LHWCA, the Jones Act, and third-party claims on your own.

Douglas & London is a personal injury law firm with the resources to take on large companies and their insurers, including in court. Our New Orleans dock worker injury lawyers can review your case, explain your options, and fight for the money you deserve. Spanish-speaking staff is available.

Call (504) 499-0380 or contact us online for a free consultation about your dock or pier construction injury. There is no fee unless we win