By the Law Firm of Brandt & Sherman

Key Takeaways

• Offshore workers are typically covered under maritime law, not standard state workers’ compensation.
• The Jones Act allows injured seamen to sue their employer for negligence.
• Maintenance and cure benefits provide medical care and living expenses.
• Unseaworthiness claims may apply if unsafe vessel conditions caused the injury.
• Acting quickly protects your legal rights and compensation.

Offshore work is among the most dangerous occupations in Louisiana and along the Gulf Coast. Oil rigs, vessels, and maritime platforms present constant hazards, from heavy equipment to unpredictable weather.

When an offshore injury occurs, the path to compensation is different from a typical workplace accident. Instead of traditional state workers’ compensation, maritime workers are often protected by federal laws such as the Jones Act and General Maritime Law.

Understanding these protections is critical to securing full compensation.

Are Offshore Workers Covered by Standard Workers’ Compensation?

In most cases, offshore workers are not covered under Louisiana’s standard workers’ compensation system.

Instead, maritime employees may be protected under:

• The Jones Act
• General Maritime Law
• The Longshore and Harbor Workers’ Compensation Act (LHWCA)

Which law applies depends on your job duties and where the injury occurred.

The Jones Act: Protection for Seamen

The Jones Act provides powerful legal protection for qualifying maritime workers.

To qualify as a “seaman” under the Jones Act, a worker must:

• Contribute to the function or mission of a vessel, and
• Spend a substantial portion of work time aboard a vessel or fleet of vessels

Unlike traditional workers’ compensation, the Jones Act allows injured workers to sue their employer for negligence.

You may recover compensation for:

• Medical expenses
• Lost wages
• Future lost earning capacity
• Pain and suffering
• Emotional distress

Jones Act claims are similar to other serious injury claims, such as those involving truck accidents, but with maritime-specific legal standards.

Maintenance and Cure Benefits

Under General Maritime Law, injured seamen are entitled to maintenance and cure.

Maintenance refers to daily living expenses while recovering.
Cure refers to medical treatment until you reach maximum medical improvement.

These benefits apply regardless of fault.

Employers must provide maintenance and cure even if the injury was not caused by negligence, as long as it occurred in service of the vessel.

Failure to provide maintenance and cure can result in additional penalties against the employer.

Unseaworthiness Claims

Maritime law also requires vessels to be reasonably safe and fit for their intended purpose.

If unsafe conditions contributed to your injury, such as:

• Faulty equipment
• Slippery decks
• Inadequate safety gear
• Improper crew training

You may have an unseaworthiness claim in addition to a Jones Act negligence claim.

Common Causes of Offshore Injuries

Offshore accidents can result from:

• Equipment failure
• Explosions or fires
• Slips and falls
• Falling objects
• Unsafe lifting operations
• Fatigue due to long shifts

Severe offshore accidents can cause catastrophic harm similar to cases involving burn injuries or brain and spinal cord injuries.

What to Do After an Offshore Injury

If you are injured offshore, take these steps immediately:

1. Report the injury to your supervisor.
2. Seek medical treatment right away.
3. Document the accident and conditions if possible.
4. Avoid signing employer-provided statements without legal review.
5. Contact an experienced offshore injury attorney.

Maritime employers and insurers often act quickly to limit liability. Early legal guidance can protect your rights.

How Compensation Differs From Standard Workplace Claims

Unlike typical state workers’ compensation systems, maritime law allows injured workers to pursue broader damages, including pain and suffering.

This can significantly increase the value of your claim compared to traditional workers’ compensation benefits.

Because maritime cases involve federal law and complex jurisdictional issues, working with experienced legal counsel is critical.

Why Choose Brandt & Sherman?

At Brandt & Sherman, we understand the complexities of offshore injury cases and maritime law. You can learn more about our attorneys and our experience representing injured workers across Louisiana and the Gulf Coast.

We thoroughly investigate vessel conditions, employer practices, and compliance with federal safety regulations to build strong claims for our clients.

If you are unsure whether you qualify under the Jones Act or another maritime statute, you can contact our team for guidance.

Free Consultation With Brandt & Sherman Injury Lawyers

An offshore injury can impact your career, your finances, and your family’s future. You should not have to navigate complex maritime laws alone.

If you were injured while working offshore, contact Brandt & Sherman today for a free consultation. There are no upfront fees, and you pay nothing unless we recover compensation for you.