Offshore & Maritime Injuries

Offshore and maritime injury cases proceed under a specialized federal framework that overrides state workers’ compensation for covered workers. Seamen fall under the Jones Act (46 U.S.C. §30104), which permits negligence claims with jury trial and unlimited damages. Dock and harbor workers fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA, 33 U.S.C. §901 et seq.), a federal workers’ comp scheme with higher benefit rates than state WC. Workers on fixed platforms are covered by the Outer Continental Shelf Lands Act (OCSLA). Our firm handles Gulf South maritime and offshore cases from our New Orleans office.

The three federal frameworks — which one applies?

Jones Act (46 U.S.C. §30104)

The Jones Act covers seamen — crew members of vessels “in navigation.” Coverage depends on:

• The worker’s status as a member of the vessel’s crew;
• The vessel being “in navigation” (afloat, capable of moving, or performing work function);
• The worker’s connection to the vessel being substantial in both nature and duration.

Jones Act workers can sue the vessel owner and operator for negligence — a right that includes:

• Jury trial in state or federal court;
• Unlimited damages — pain and suffering, full lost wages, loss of earning capacity, medical expenses;
• Additional maintenance and cure benefits (analogous to WC medical + $8/day room-and-board type payments);
• Unseaworthiness claims against the vessel itself under general maritime law.

Jones Act cases are among the most valuable in maritime practice because the negligence standard is favorable to plaintiffs (featherweight causation) and damages are uncapped.

Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et seq.)

The LHWCA covers maritime workers who are not seamen — longshoremen, harbor workers, shipbuilders, ship repairers, and dock workers. Coverage requires:

• The worker’s employment must be on navigable waters or on adjoining piers/wharves/terminals/loading areas (the “situs” test);
• The work must be in furtherance of maritime commerce (the “status” test).

LHWCA is a federal workers’ compensation scheme — no fault, no jury trial for benefits, but benefit rates and medical coverage significantly exceed most state WC:

• Two-thirds of average weekly wage (like state WC) but with a much higher maximum (currently around $1,900+/week);
• Comprehensive medical treatment;
• Permanent disability benefits, death benefits for dependents;
• Third-party lawsuits available against vessel owners under §905(b) — permitting negligence claims against the vessel that carries or unloads the cargo.

Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.)

OCSLA covers workers on fixed platforms and structures on the outer continental shelf — drilling platforms, production platforms, and other fixed installations beyond state waters. OCSLA workers get LHWCA benefits (via §1333(b)) but with state law “borrowed” as surrogate federal law for tort claims — Louisiana or Texas law typically supplies the negligence framework.

Which framework applies to my case?

The classification decision is often litigation-defining. Employers routinely argue for the classification that limits recovery; workers benefit from Jones Act status when it applies.

• Crew member of a boat, ship, or supply vessel in the Gulf offshore-service industry — likely Jones Act.
• Deck worker on a fixed platform — likely OCSLA + LHWCA benefits with borrowed state law.
• Longshoreman loading/unloading cargo at Port of New Orleans — likely LHWCA.
• Shipbuilder or ship repairer at a shipyard on navigable waters — likely LHWCA.
• Land-based industrial worker at an offshore-service employer’s yard — likely state WC only.

Common offshore and maritime injury contexts

• Slip-and-fall on wet or oily decks — a classic Jones Act unseaworthiness claim.
• Crane and hoisting injuries — supply-vessel operations, platform crane operations.
• Chemical exposure and hazmat — offshore drilling, tank cleaning, refinery-adjacent maritime work.
• Falls from height — platform work, ship rigging, dock operations.
• Fires and explosions — offshore platforms, ship engine rooms.
• Diving accidents — commercial dive operations.
• Equipment failures — winches, cables, wire ropes.
• Trip-and-fall on dock walkways — LHWCA cases at Port of New Orleans, Port of Mobile.

Evidence to preserve

1. The scene — vessel deck, platform, dock, or yard. Photographs before repair or cleanup.
2. Equipment involved — do not permit disposal without inspection. Applicable to crane cables, safety harnesses, tools.
3. Vessel or platform incident reports — internal reports, Coast Guard incident reports, OSHA reports (for LHWCA cases involving land-based operations).
4. Certificates of Inspection (COI) and vessel documentation — for Jones Act cases, the vessel’s certification status matters.
5. Weather and sea-state records — offshore incidents frequently involve weather factors relevant to seaworthiness claims.
6. Personnel records — the injured worker’s job description, training records, safety-training completion.
7. Witness contact information — offshore worker crews rotate; witnesses become hard to locate quickly.
8. Medical records — from initial treatment forward, including any medevac records for offshore injuries.

Damages recoverable

Jones Act cases

• Past and future medical expenses (with maintenance and cure supplement).
• Full past and future lost wages (not capped at 66 2/3%).
• Loss of earning capacity.
• Pain and suffering, mental anguish, loss of enjoyment of life.
• Loss of consortium (for spouse — depends on jurisdiction).
• Punitive damages available in limited maritime tort circumstances.
• Wrongful-death recovery under general maritime law and DOHSA (Death on the High Seas Act, 46 U.S.C. §30301) for deaths beyond 3 nautical miles offshore.

LHWCA cases

• Medical treatment.
• Temporary total disability benefits (two-thirds AWW, higher maximum than state WC).
• Permanent disability benefits.
• Death benefits for dependents.
• Vocational rehabilitation where applicable.
• Third-party (§905(b)) claims against vessel owners for negligence.

OCSLA cases

LHWCA benefits combined with a tort claim under borrowed state law (Louisiana or Texas, depending on the adjacent state). The tort claim carries state-law damages rules including comparative fault.

Frequently asked questions

How do I know if I’m a “seaman” for Jones Act purposes?

The Supreme Court’s Chandris test looks at whether the worker’s duties contributed to the vessel’s mission and whether the worker had a substantial connection to a vessel in navigation. Offshore-service vessel workers are usually seamen; land-based industrial workers usually are not. The classification is fact-specific.

Can I bring both a Jones Act case and a state-court case?

Not for the same injury. The framework that applies (Jones Act, LHWCA, OCSLA, or state WC) is determined by employment classification and situs. Jurisdictional analysis is one of the first case-defining conversations.

What if I was injured on a supply boat, not on a platform?

Supply-boat crew members are usually Jones Act seamen — one of the most favorable positions for maritime injury recovery.

How long do I have to file a Jones Act case?

Three years under 46 U.S.C. §30106 for Jones Act negligence claims. LHWCA claims have different notice requirements — typically 30 days for notice of injury and one year to file a claim. OCSLA claims combine LHWCA benefit rules with the borrowed state’s tort statute of limitations.

Can I sue the platform owner even if I’m employed by a contractor?

Yes — third-party claims against platform owners, drilling operators, and vessel owners are frequently available under §905(b) (LHWCA) or under Louisiana state law borrowed via OCSLA. These cases can produce substantially larger recoveries than the underlying benefit framework alone.

How much are maritime cases worth?

Jones Act cases involving serious injury commonly range from mid-six figures into eight figures. LHWCA benefits provide ongoing income and medical treatment; third-party §905(b) recoveries can add substantially. OCSLA cases combine both. Results depend on the facts of each case; no outcome is guaranteed.

What if my case involves both maritime and land-based components?

“Dual-status” cases arise where a worker’s duties spanned both maritime and land-based work. Classification depends on the pattern of duties over time, not just the moment of injury. Careful factual development can position a dual-status worker as a Jones Act seaman when the facts support it.

Talk to a maritime and offshore injury lawyer

Maritime and offshore cases depend on early classification analysis, prompt evidence preservation, and specialized federal-law expertise. Our New Orleans office handles Jones Act, LHWCA, and OCSLA cases from the Gulf offshore-service industry.

• New Orleans: 504-269-3870
• Mobile: 251-444-3519
• Atlanta: 504-269-3870
• Free case review: maplesconnick.com/contact

See related pages: Workers’ Compensation hub, Personal Injury hub, Construction Injuries.