If you work on boats, oil rigs, or any vessel in Louisiana waters, you have special legal protections. Let’s break down what you need to know in plain language.
THE JONES ACT: PROTECTION WHEN YOU GET HURT
Think of the Jones Act as super-powered workers’ compensation for people who work on vessels. If you get injured and your employer was negligent (even a little bit), you can recover:
- All your medical bills
- Your full lost wages
- Pain and suffering
- Future losses if you can’t work the same way again
This is way better than regular workers’ comp, which only covers basic medical costs and partial wages.
ARE YOU COVERED? THE TWO-PART TEST
To qualify for Jones Act protection, you need to meet two requirements:
1. You Help the Vessel Do Its Job
This is broader than you think. You don’t need to be the captain or engineer. Cooks, welders, deckhands, ROV technicians, and even bookkeepers on vessels can qualify. If your work helps the vessel accomplish its mission, you’re good.
2. You Spend Significant Time on Vessels
The general rule of thumb: if you spend at least 30% of your work time on a vessel (or group of vessels), you probably qualify. For example:
- Working 3 weeks on an oil rig, then 1 week onshore = 75% of your time (you qualify)
- Splitting time between two company vessels for a total of 35% = you likely qualify
- Working mostly in an office with occasional vessel trips = probably doesn’t qualify
Your work also needs to regularly expose you to the dangers of sea life, not just add up to enough hours.
WHAT COUNTS AS A VESSEL?
Way more than you’d think! The law covers:
- Offshore oil rigs (when they’re floating, not permanently fixed)
- Tugboats and towboats
- Supply vessels and crew boats
- Drilling ships
- Commercial fishing boats
- Barges
- Ferry boats
- River cruise vessels
- Even charter yachts with crew
Basically, if it floats, operates on navigable waters, and isn’t permanently stuck in place, it’s probably a vessel.
MAINTENANCE AND CURE: YOUR IMMEDIATE SAFETY NET
This is an ancient maritime right that dates back centuries. Here’s the deal: if you get hurt or sick while working on a vessel, your employer must provide two things immediately—no questions asked, even if the accident was your fault:
Maintenance = Daily Living Allowance
This covers your basic expenses like food, rent, and utilities while you recover. Many companies try to pay only $15-$40 per day, which doesn’t cover actual costs. You deserve enough to actually pay your bills.
Cure = Complete Medical Care
Your employer must pay for all reasonable medical treatment until you’ve recovered as much as possible. This includes:
- Doctor visits and hospital stays
- Surgery
- Physical therapy
- Medications
- Medical equipment
- Transportation to appointments
- Mental health treatment related to your injury
The key phrase: “until you reach maximum medical improvement”—meaning until further treatment won’t help you improve anymore.
The Big Difference
Maintenance and cure is easier to qualify for than Jones Act claims. You just need to be a seaman who got hurt or sick while working. You don’t have to prove anyone was negligent. You don’t have to prove the vessel was defective. You simply got hurt doing your job, so you get these benefits.
Common Tricks Employers Use
Watch out for these violations:
- Offering ridiculously low daily maintenance ($20/day when your bills are $100/day)
- Cutting off benefits before your doctor says you’re done recovering
- Refusing to pay for treatment your doctor recommends
- Making you wait forever for payments
- Requiring you to sign away other rights to get the benefits you already deserve
If your employer willfully refuses to provide maintenance and cure, they can face punitive damages—extra money as punishment for bad behavior.
WHY LOUISIANA IS DIFFERENT?
Louisiana is a maritime law hotspot because of:
- The Gulf of Mexico offshore work
- The Mississippi River and countless waterways
- Major ports like Port of South Louisiana
- Both “blue water” (ocean) and “brown water” (river) operations
If you’re working on vessels in Louisiana, you’re probably covered by federal maritime law, not regular Louisiana workers’ compensation.
WHAT TO DO IF YOU GET INJURED?
1. Get Medical Help Immediately
Your health comes first. Your employer cannot stop you from seeking medical care.
2. Report Your Injury in Writing
Tell your supervisor or captain right away. Don’t rely on word of mouth.
3. Document Everything
- Take photos if you safely can
- Get witness names and contact info
- Write down what happened while it’s fresh
- Keep all medical records and bills
- Save records of any maintenance payments
4. Don’t Sign Anything Without a Lawyer
Insurance companies will try to get you to sign documents that give away your rights. Don’t do it before talking to a maritime attorney.
5. Contact a Maritime Lawyer Soon
The sooner you get help, the better. Maritime law is specialized—you need an attorney who knows this specific field, not just a general injury lawyer.
YOUR CLAIM IS WORTH MORE THAN YOU THINK
Don’t settle too quickly. Your compensation should cover:
- All medical expenses (now and future)
- Lost wages
- Loss of future earning ability if you can’t do maritime work anymore
- Pain and suffering
- Emotional distress
- Impact on your family life
- Sometimes punitive damages if your employer acted really badly
HOW LONG DO YOU HAVE?
Generally, you have three years from your injury date to file a lawsuit. But don’t wait—evidence disappears and memories fade. The sooner you act, the stronger your case.
IMPORTANT PROTECTIONS
- You can still recover money even if you were partially at fault for your accident
- Your employer cannot fire you or retaliate against you for filing a claim
- You can choose your own doctor for treatment
- Your rights apply regardless of whether you’re a U.S. citizen
WHY CHOOSE RON AUSTIN LAW?
At Ron Austin Law, we specialize in maritime injury cases and understand the unique challenges Louisiana maritime workers face. Our focused experience in Jones Act claims, maintenance and cure disputes, and vessel accident cases means we know exactly how to protect your rights and maximize your compensation.
We handle maritime injury cases on a contingency fee basis—you pay no attorney fees unless we recover compensation for you. This ensures quality legal representation is accessible when you need it most.
Contact us today for a consultation about your maritime injury case. Visit Ron Austin Law to learn more about how we can help you.
THE BOTTOM LINE
If you work on vessels in Louisiana, you have powerful legal protections that most workers don’t have. But these protections only help if you know about them and use them.
Maritime law is complicated, and employers and insurance companies know most injured workers don’t understand their rights. They count on you accepting a low settlement before you realize what you’re entitled to.
Don’t navigate this alone. If you’ve been injured, talk to a maritime attorney who specializes in this field. Get someone in your corner who speaks this specialized legal language and will fight for what you deserve.
You’ve worked hard in dangerous conditions. When you get hurt, you deserve full compensation to recover and rebuild your life.
