If you work on a vessel in the Gulf of Mexico, a riverboat, a tugboat, or an offshore platform and you get hurt on the job, pursuing compensation for your damages is not as simple as it might be for someone injured in a typical workplace.
Louisiana workers’ compensation covers most workers in this state. But workers who qualify as seamen under federal maritime law may have access to a Jones Act claim, which offers stronger protections. Understanding the difference between these two systems can significantly impact the amount of compensation you recover. Reach out to our maritime accident attorneys in Lafayette to learn more.
How Louisiana Workers’ Compensation Works
Workers’ compensation is a no-fault system. To recover compensation under workers’ compensation, an injured employee does not have to prove that anyone did anything wrong. If you were hurt in the course of your employment, you are generally entitled to coverage for your medical treatment and a portion of your lost wages while you recover.
The downside to workers’ compensation is that the benefits are limited. You cannot recover for pain and suffering, emotional distress, or the full value of your lost future earnings. Workers’ compensation is designed to provide a basic safety net, not to make an injured worker whole.
Louisiana workers’ compensation also places significant restrictions on how you pursue your claim. You are generally required to treat with your employer’s chosen medical provider, at least initially, and disputes are handled through the Office of Workers’ Compensation rather than through a traditional court system.
How the Jones Act Works
The Jones Act is a federal law that gives qualifying maritime workers the right to sue their employer for negligence in federal or state court. This is a different legal framework from workers’ compensation, and the potential recoveries available under it are significant.
To bring a Jones Act claim, a worker must qualify as a “seaman.” Generally, this means spending a large portion of your working time aboard a vessel, engaged in navigation and contributing to the vessel’s work. Offshore supply boat crews, tugboat hands, fishing vessel workers, and certain crew members on drilling vessels may all qualify.
If you qualify as a seaman, you can pursue your employer directly for negligence. This means you can recover damages that workers’ compensation does not allow, including compensation for pain and suffering, full lost wages, loss of enjoyment of life, and other non-economic losses.
The Jones Act also imposes a lower burden of proof on seamen than in a typical negligence case.
Consult With an Experienced Lafayette Maritime Injury Attorney
The difference between what a workers’ compensation claim pays and what a successful Jones Act case can recover is often substantial. Insurance companies and employers know this, and they also know that many maritime workers are unaware of their rights under federal law. Employers may attempt to steer an injured worker toward a workers’ compensation claim when a Jones Act case would be a much better option.
At Anderson Blanda & Saltzman, our Jones Act lawyers in Lafayette have handled maritime and offshore injury cases for decades. We know this area of law inside and out, and we have a proven record of securing maximum compensation for our clients. Let us help you. Call (337) 233-3366 or visit our contact page and schedule a free consultation to discuss your claim.