Maritime workers are put at risk every day on the job. Rather than relying on state workers’ compensation coverage, these employees are covered by federal statutes. If you’re involved in an offshore accident, it’s important to know what steps to take to recover the appropriate compensation for your losses under Louisiana maritime injury laws. For example, you’re probably wondering, “What is the average maritime injury settlement in Louisiana?”
While there is no one answer to the question, there are ways to determine how much you may be owed based on the details of your specific injuries and the scope of your losses. A Louisiana maritime injury attorney from Ron Austin Law can explain your options and pursue the compensation you deserve. Even so, it’s helpful to understand state maritime injury laws for yourself. That way, you can be sure you’re filing to recover damages for all your losses.
Louisiana’s offshore oil and gas fields, ports and inland waterways employ thousands of workers who face crane drops, explosions, falls and vessel collisions every day. When one of those accidents causes a serious injury, the compensation you can recover is set by federal maritime law, not Louisiana’s state workers’ compensation system. This guide explains what drives a Louisiana maritime personal injury settlement, the typical ranges by injury type, the deadlines that apply and how to protect the value of your claim.
Maritime Injury Claims in Louisiana
The offshore industry is a major economic driver in Louisiana. The state’s marine economy comprises over 4,500 unique businesses that employ approximately 87,381 employees across the state. Offshore employees face many unique risks on the job, whether they work on fixed platforms or aboard a vessel.
In recent years, the main cause of workplace injuries that led to time off was line-of-fire incidents. These can involve getting caught in or between objects, getting struck by objects, or getting hit by released energy. They are often caused by:
- Broken cables
- Electrical shock
- Equipment failures
- Hydraulic pressure
- Explosions
- Burning oil or fuel
- Steam
- Suspended loads
No matter the exact cause of your injuries, it’s imperative that you know what steps to take to recover the appropriate compensation. An experienced Louisiana maritime injury attorney can explain your options and gather the necessary information to file your claim.
Maritime Injury Laws: The Jones Act and the Longshore and Harbor Workers’ Compensation Act
Maritime injury claims are a bit different than your standard personal injury claim, or even your standard workers’ compensation claim. Rather than relying on state workers’ compensation benefits, maritime workers are protected by federal statutes. These include the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The Jones Act applies specifically to seamen. These individuals work on a vessel that operates on navigable waters. Such a vessel can include barges, oil rigs, and shipping boats. As long as you work on the water for a certain amount of time throughout the year, you’re considered a seaman.
Under the Jones Act, workers can bring personal injury action against their employer. Proving negligence is a big aspect of these types of cases. With regular workers’ compensation benefits, you typically cannot pursue additional legal action.
The LHWCA provides benefits to other private-sector maritime employees that aren’t covered under the Jones Act. These include workers injured on:
- Docks
- Drydock facilities
- Harbors
- Piers
- Terminals
Under the LHWCA, employees do not need to prove negligence to file a claim. Workers are ensured benefits, regardless of whether their employer was directly at fault. If you’re unsure whether your employment is classified under the Jones Act or the LHWCA, you can hire a Louisiana maritime injury attorney. That way, you can focus on physically healing while a legal professional handles the rest of your recovery.
Average Maritime Injury Settlements in Louisiana
The amount you can recover through a maritime injury claim will ultimately depend on the details of your specific case. It’s important to note that offshore employees can recover full damages, including non-economic losses, like pain and suffering. Damages for most state workers’ compensation claims are limited. Settlements can vary significantly, depending on factors like the:
- Cost of medical bills and other related expenses
- Amount of lost wages and earning capacity
- Scope of intangible losses, like pain and suffering
- Severity of injuries
- Victim’s percentage of fault
When filing a claim under the Jones Act, you must establish fault through negligence to recover damages. The LHWCA works more similarly to state workers’ compensation, so you can expect to recover damages for lost wages, medical expenses, and disability benefits. If an injured worker succumbs to their injuries, their death benefits are covered for their loved ones.
Regardless of the type of claim you’re filing, you can seek to recover maintenance and cure benefits. These cover the costs for medical treatment and life expenses. If an employer or an insurer isn’t settling the claim in a timely manner, they may also have to pay punitive damages.
It’s wise to hire a maritime injury lawyer to evaluate your case, explain your losses, and determine how much you can pursue through your claim.
What Factors Affect the Value of a Maritime Injury Settlement?
Seven factors drive most of the value in a maritime claim:
- Which law applies. Jones Act and unseaworthiness claims allow full damages; LHWCA benefits are capped at a share of wages.
- Injury severity and permanence. Permanent disability, surgery and lifetime care raise value sharply.
- Lost earning capacity. Offshore jobs pay well, so a career-ending injury to a young worker can mean millions in lost future income.
- Medical costs, past and future. Surgeries, rehabilitation and life-care plans prepared by medical experts.
- Pain and suffering and mental anguish. Including PTSD after explosions or man-overboard events. See what qualifies as pain and suffering in Louisiana.
- Comparative fault. Maritime law uses pure comparative fault: your award drops by your percentage of fault but is never barred. Under the Jones Act, your share is not reduced at all if your employer violated a safety statute or regulation that contributed to the injury.
- Liable parties and insurance. Claims against vessel owners, platform operators, contractors and manufacturers add sources of recovery. See who is liable for offshore platform injuries in Louisiana waters.
How Long Do You Have to File a Maritime Injury Claim in Louisiana?
You generally have 3 years from the date of injury to file a Jones Act, unseaworthiness or general maritime law claim (46 U.S.C. § 30106). LHWCA claims have much shorter deadlines:
| Claim type | Deadline |
|---|---|
| Jones Act, unseaworthiness, general maritime law | 3 years from injury |
| LHWCA: written notice to employer | 30 days from injury (or from when you knew it was work-related) |
| LHWCA: formal claim | 1 year from injury or last voluntary payment |
| Louisiana state-law negligence claims (e.g., some third-party onshore claims) | 2 years for injuries on or after July 1, 2024 |
How Does the Maritime Injury Settlement Process Work?
Most maritime cases settle without a trial. A typical claim follows six steps:
- Report and get treatment. Report the injury in writing and see a doctor you choose, not only the company doctor.
- Collect maintenance and cure. Payments should begin while you recover.
- Investigate. Your lawyer gathers incident reports, vessel logs, crew statements, safety records and Coast Guard or BSEE reports.
- Reach maximum medical improvement (MMI). Settling before MMI risks undervaluing future medical needs.
- Demand and negotiate. Your lawyer sends a demand supported by medical, economic and vocational experts.
- Settle or file suit. If talks stall, the case is filed in federal or state court, and many settle during discovery or mediation.
Simple claims can settle in 6 to 12 months. Serious injury cases with disputed seaman status or multiple defendants often take 1 to 3 years.
Mistakes That Lower Offshore Injury Settlements
- Giving a recorded statement to the employer’s or vessel owner’s insurer before talking to a lawyer
- Signing a release or “settlement” form offered soon after the accident
- Relying only on a company-chosen doctor
- Downplaying symptoms or skipping follow-up care
- Missing the LHWCA 30-day notice deadline
- Posting about the accident or your activities on social media
- Accepting a maintenance rate that does not cover your actual living costs
New Orleans Jones Act Settlements and Louisiana Courts
A New Orleans Jones Act settlement is often negotiated in the shadow of the U.S. District Court for the Eastern District of Louisiana, one of the busiest maritime courts in the country, with appeals to the U.S. Court of Appeals for the Fifth Circuit. Under the “saving to suitors” clause, injured seamen can also file Jones Act claims in Louisiana state court, such as Orleans Parish Civil District Court or Jefferson Parish’s 24th Judicial District Court, and a Jones Act case filed in state court generally cannot be removed to federal court. Where to file affects jury pools, timelines and settlement value, so it is a strategic decision your attorney should make early.
Why Hire a Maritime Injury Lawyer in Louisiana?
Navigating Louisiana’s maritime injury laws can be complicated due to overlapping federal statutes. It’s vital to have a knowledgeable Louisiana maritime injury attorney on your side, as they can work to navigate the claims process and pursue the compensation you’re rightfully owed. Your legal team can represent you in and out of the courtroom. You can count on them to be there through every phase of your case. Our services at Ron Austin Law include:
- Evaluating cases
- Gathering evidence
- Interviewing witnesses
- Investigating incidents
- Negotiating settlement terms
- Representing your interests in court
No matter how complicated your case may seem, you can turn to a Louisiana maritime injury lawyer to pursue compensation for the full scope of your losses.
Employers and their insurers often have investigators on the scene within hours of an offshore accident. A Louisiana maritime injury lawyer levels that field by:
- Proving seaman status so you can pursue full Jones Act damages
- Securing vessel logs, video, maintenance records and witness statements before they disappear
- Enforcing fair maintenance and cure payments
- Identifying every liable party, including third-party contractors and equipment makers
- Working with medical, economic and maritime safety experts to value future losses
- Negotiating with insurers and taking the case to trial if they won’t pay fair value
Ron Austin Law represents injured offshore and maritime workers from its Harvey office across Jefferson Parish, Plaquemines Parish and Terrebonne Parish. If a loved one died in an offshore accident, read about wrongful death claims after offshore or maritime accidents in Louisiana.
FAQs
Who Can I Hold Liable in a Maritime Injury Case in Louisiana?
Who you can hold liable in a maritime injury case in Louisiana depends on how you were injured. Injured parties in these types of cases can file against their employers, vessel owners, or third-party contractors.
Other liable parties can include equipment manufacturers or other visitors at the scene. To hold the right party accountable, you must establish fault by proving negligence or intentional misconduct. A Louisiana maritime injury attorney can identify all the potential at-fault parties.
Is It Difficult to Secure Compensation After a Maritime Injury in Louisiana?
It can be difficult to secure compensation after a maritime injury in Louisiana, even with federal laws protecting offshore employees. These laws can be complex and often overlap, making it difficult for workers to navigate the claims process and secure fair compensation.
It’s recommended to hire a maritime injury lawyer who has experience in navigating these types of cases. That way, you can be sure you’re taking the correct steps and setting yourself up for success with your claim.
How Much Time Will It Take to Settle a Maritime Injury Claim in Louisiana?
How much time it takes to settle a maritime injury claim in Louisiana depends on the details of the case. The complexity of the situation and whether both parties are willing to cooperate will also factor into the overall timeline.
Your overall recovery time can also dictate when you reach a settlement. It’s important to reach Maximum Medical Improvement (MMI) to know what would be fair compensation that covers all your injuries.
Do I Have to Go to Court to Settle a Maritime Injury Claim in Louisiana?
You do not have to go to court to settle a maritime injury claim in Louisiana. Most cases of this nature are settled out of court through negotiations with at-fault parties and their insurance companies.
Jones Act claims allow employees to file a legal claim against their employer for negligence, but even these cases are often resolved before trial. You can expect to enter litigation if a claim is disputed or you cannot reach a settlement agreement.
What Is the Average Maritime Injury Settlement in Louisiana?
There is no official average, but maritime injury settlements in Louisiana typically range from about $50,000 to $250,000 for soft-tissue injuries and from $1 million to $8 million or more for catastrophic injuries and deaths. The final amount depends on the governing law, injury severity, lost earning capacity and fault.
How Much Is a Louisiana Jones Act Settlement Worth?
A Louisiana Jones Act settlement is often worth more than an LHWCA or state workers’ compensation award because seamen can recover full damages. That includes past and future lost wages, medical costs, lost earning capacity and pain and suffering, on top of maintenance and cure.
What Is the Difference Between a Jones Act Claim and an LHWCA Claim?
A Jones Act claim lets a seaman sue the employer for negligence and recover full damages, while an LHWCA claim pays no-fault benefits of about two-thirds of weekly wages to dock and harbor workers. Which one applies depends on whether you qualify as a seaman.
How Long Do I Have to File a Maritime Injury Claim in Louisiana?
You generally have 3 years from the date of injury to file a Jones Act or general maritime law claim. LHWCA claims require written notice to your employer within 30 days and a formal claim within 1 year.
What Happens If I Was Partly at Fault for My Maritime Injury?
You can still recover compensation, but your award is reduced by your percentage of fault under maritime law’s pure comparative fault rule. Under the Jones Act, your award is not reduced if your employer’s safety violation contributed to the injury.
Hire a Maritime Injury Lawyer to Handle Your Injury Claim in Louisiana
Navigating a maritime injury claim can be stressful, especially as you’re recovering from your injuries. It’s important to understand Louisiana’s maritime injury laws and act quickly to pursue fair compensation for your injuries. It’s wise to hire a maritime injury lawyer to navigate your claim and seek the settlement you deserve.
A Louisiana maritime injury attorney from Ron Austin Law can manage the claims process while pursuing compensation for your injuries and all your other losses. Founded in 1995, Ron Austin Law has extensive experience in handling complex personal injury cases throughout Louisiana. We’re a national leader in personal injury and mass torts, and our firm has recovered more than $1 billion for our clients in the past.
Our past results can’t guarantee a win for your case, but you can be assured that you’re hiring a local team with a winning reputation. We’ve earned the trust of countless clients, along with an AV-Preeminent® peer rating on the Martindale-Hubbell Directory.
If you’re ready to learn more about how we can help with your claim, come and visit us at our office in Harvey. We’re located on the corner of Manhattan Boulevard and 4th Street, which is a quick trip off U.S. 90. Contact the office to set up a consultation with a member of our team today.
