If you were hurt working on the water or on an offshore platform near Lafayette, the legal path forward looks different from almost any other personal injury claim. Maritime law is its own world. There are federal statutes, specialized remedies, and rules that most injury lawyers never deal with. Getting it right matters a lot for how much you can recover and who you can hold responsible.
Dudley DeBosier’s experienced maritime injury lawyers serve workers across the Acadiana region. We handle Jones Act claims, Longshore and Harbor Workers’ Compensation Act (LHWCA) cases, and general maritime law injuries. If you or someone you love was hurt offshore, on a vessel, or at a dock or shipyard, contact us for a free consultation.
Maritime Law in Louisiana: What Covers You?
Federal laws govern most maritime injury claims, and which one applies to your situation changes everything about what you can recover.
The Jones Act covers seamen, meaning workers who spend a significant portion of their time working on a vessel in navigation. If you qualify, the Jones Act lets you sue your employer directly for negligence. That’s a far broader right than most workers have. You can pursue compensation for medical expenses, lost wages, pain and suffering, and more.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is the federal workers’ compensation system for maritime workers who aren’t seamen: dock workers, shipyard employees, harbor workers, and crane operators on piers. LHWCA provides medical benefits and wage replacement without requiring you to prove anyone was at fault.
For many workers near Lafayette’s offshore energy corridor, there’s another layer: the Outer Continental Shelf Lands Act (OCSLA), which often applies to workers on fixed platforms in federal waters and can incorporate LHWCA protections.
Figuring out which law applies isn’t academic. The wrong classification can cost you real money. Dudley DeBosier Injury Lawyers can help you understand exactly where you stand.
Maintenance and Cure Benefits for Injured Offshore Workers
If you’re a seaman under the Jones Act, you’re entitled to “maintenance and cure” regardless of who caused your injury. Your employer owes it to you—period.
Maintenance is a daily living allowance paid while you’re recovering ashore. It’s meant to cover your housing and food costs. The problem is that employers often set these rates unreasonably low, sometimes as little as $30–$40 per day. That amount hasn’t kept up with real living costs, and fighting for a fair rate is one of the most common battles in maritime injury cases.
Cure requires your employer to cover your medical treatment until you reach maximum medical improvement (MMI), the point at which further treatment isn’t expected to help. Your employer can’t cut off your care before you reach MMI.
Here’s something many injured workers don’t know: if an employer willfully refuses to pay maintenance and cure, they can be ordered to pay punitive damages on top of the underlying benefits. That’s an important lever—and a reason to involve an experienced maritime injury lawyer as soon as your employer starts dragging their feet.
Common Types of Maritime Injuries Near Lafayette
The Acadiana region sits at the heart of Louisiana’s oil and gas industry. Offshore platforms, drilling rigs, supply boats, barges, and tugs operate continuously across the Gulf, and the work is genuinely dangerous.
Common injuries we see in maritime cases from the Lafayette area include:
- Traumatic Brain Injury (TBI): Falls on wet vessel decks or platform grating are among the most common causes of serious offshore head injuries.
- Spinal Cord and Back Injuries: Heavy lifting, falls, and equipment failures put workers at risk for a spinal cord injury.
- Burns: Fires and explosions on oil and gas platforms can cause severe, life-altering burns.
- Crush Injuries: Crane accidents, mooring line failures, and heavy equipment malfunctions cause crush injuries that are often catastrophic.
- Drowning and Near-Drowning: Falling overboard is a serious risk on any marine vessel, particularly in rough Gulf conditions.
- Respiratory Illness: Exposure to hydrogen sulfide, drilling fluids, and other chemicals is a real hazard for platform workers.
- Repetitive Stress and Cumulative Injuries: Not every maritime injury is a single dramatic event. Cumulative trauma from years of heavy labor is compensable too.
Some injuries don’t show up right away. If you were involved in an offshore incident and aren’t sure whether you were seriously hurt, get checked out. Delaying medical care can hurt both your health and your claim. Lafayette General Medical Center and Our Lady of Lourdes Regional Medical Center are primary emergency treatment destinations for Acadiana residents.
Who Can Pursue a Maritime Injury Claim?
More workers than most people think. Maritime law covers a broad range of workers in Louisiana’s offshore industry, including:
- Offshore oil and gas platform workers
- Rig crew and drilling personnel
- Marine vessel crew (tugs, barges, supply boats, crane vessels)
- Dock workers and harbor workers
- Shipyard and repair yard employees
- Commercial fishermen and shrimp boat workers
The most contested question in maritime injury cases is often “seaman status”—whether you qualify for Jones Act coverage. Courts look at whether you spent a significant portion of your time on a vessel in navigation and whether you contributed to the vessel’s function. If your employer is claiming you don’t qualify, that’s a fight potentially worth having. Workers who don’t meet the seaman test may still have LHWCA rights. Dudley DeBosier can evaluate which law applies to your situation.
What Compensation Can You Pursue?
What you can seek depends on which law covers you:
Jones Act claims can include compensation for medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, and emotional distress.
LHWCA benefits include medical treatment and typically two-thirds of your average weekly wage during the period of disability, plus permanent disability benefits if your injuries are lasting.
No specific outcomes are guaranteed, but Dudley DeBosier Injury Lawyers can fight to pursue every dollar you’re entitled to.
How Long Do You Have to File a Maritime Injury Claim?
The deadlines vary by law, and missing them ends your case.
- Jones Act: The deadline is generally three years from the date of injury. However, claims against the government must be filed within two years.
- LHWCA: You must notify your employer within 30 days of the injury and file a formal claim within one year.
- Separate Claim of Unseaworthiness: Claims must be filed within three years.
These deadlines can be complicated by late discoveries of injuries or disabilities, multi-party situations, incidents in federal waters, and disputes about which law applies. Don’t wait to find out which deadline is yours. Evidence disappears, witnesses move on, and companies and their insurers start building their defense the day after an incident. The sooner you talk to a maritime injury lawyer, the better your options.
Frequently Asked Questions
What’s the difference between the Jones Act and the LHWCA?
The Jones Act covers seamen, meaning workers who spend a significant portion of their time on a vessel in navigation, and allows them to sue their employer for negligence in certain situations. The LHWCA is a no-fault workers’ compensation system for maritime workers who aren’t seamen: dock workers, harbor workers, and shipyard employees. Which law covers you depends on your specific job duties and where you work.
What if my employer says I wasn’t a seaman and refuses to pay maintenance and cure?
Push back. If your employer is incorrectly classifying your status to avoid paying maintenance and cure, that’s a serious legal issue. Willful failure to pay maintenance and cure can result in punitive damages against the employer, in addition to the benefits owed. Get a maritime injury lawyer involved before accepting your employer’s classification.
Do I need a lawyer for a maritime injury claim?
Maritime injury cases involve specialized federal law, overlapping statutes, and employers and insurers who deal with these claims constantly. Going in without experienced legal representation puts you at a serious disadvantage. Dudley DeBosier offers free consultations and works on contingency: you pay nothing unless we get you money.
Talk to a Lafayette Maritime Injury Lawyer
Offshore work in Acadiana keeps Louisiana’s economy running. If that work left you injured, you deserve a lawyer who understands how maritime law actually works, not a firm learning on your case.
Dudley DeBosier’s experienced maritime injury lawyers serve Lafayette and the surrounding Acadiana region. We handle Jones Act claims, LHWCA cases, maintenance and cure disputes, and unseaworthiness claims.
Contact our Lafayette personal injury lawyers to schedule a free consultation and go over next steps.
