Maritime Injuries: Legal Guidance for Seafarers and Passengers

When you think about working or traveling on the water, the risks may seem far away, but the truth is, that accidents at sea can change your life in an instant. Whether you work on a fishing boat or an offshore platform or simply enjoy a cruise along the Gulf Coast, incidents such as vessel collisions, falls overboard, or equipment failures can lead to serious injuries that affect every part of your life.

Here in New Orleans—with our busy port and long history of maritime trade—these issues hit close to home.

At Shlosman Law Firm, we know how overwhelming it can be to deal with medical bills, lost income, and long-term pain after a maritime accident. We are here to help you get your life back on track.

Maritime Law: A Complex World of Protections

Maritime law covers many types of claims and falls under both federal and state rules. This area of law includes well-known rules such as the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), the General Maritime Law, and the Outer Continental Shelf Lands Act (OCSLA).

Key Laws and Their Protections

• Jones Act: This law is designed for seamen and gives you the right to claim compensation if negligence on board causes an injury. It often means a lower burden of proof than other personal injury cases.
• Longshore and Harbor Workers’ Compensation Act (LHWCA): If you work near ports or docks but do not qualify as a seaman, this law may offer benefits for your injury.
• General Maritime Law and OCSLA: These provide further protections for various incidents at sea, ensuring that injured workers and passengers are treated fairly.

Knowing which law fits your situation is important because it helps protect your rights after an accident.

Common Types of Maritime Injuries

Maritime accidents come in many forms. Here are some of the categories we often see:

Vessel Accidents

• Collisions, Capsizing, and Sinking: These incidents can occur on fishing boats, cargo vessels, or tug boats.
• Falls Overboard and Propeller Injuries: Even a small mistake can lead to a fall overboard or a dangerous propeller accident.

Offshore Injuries

• Oil Rig and Platform Accidents: Explosions, equipment failures, or falls from heights can lead to severe injuries.
• Structural Failures: Problems with the rig’s structure or safety equipment can put workers at risk.

Shipyard Injuries

• Construction and Maintenance Mishaps: Injuries during repair work—like welding or crane operations—are common.
• Exposure to Hazardous Materials: Working with chemicals or other dangerous substances can result in serious health issues.

Dock and Pier Accidents

• Slips and Falls: Wet, oily surfaces or poor lighting can lead to falls.
• Injuries from Falling Cargo: Loose or improperly secured cargo can cause accidents.

These injuries are often caused by negligence, unsafe conditions, faulty equipment, or violations of safety rules.

Your Rights as a Maritime Worker

Maritime law offers specific rights designed to protect you when an accident occurs.

Maintenance and Cure

One of the key protections is the principle of maintenance and cure. This means that if you’re injured, the shipowner must cover your living expenses and medical costs until you reach your highest possible level of recovery.

Rights Under the Jones Act

For seamen, the Jones Act allows you to seek compensation for injuries that happen on board due to negligence. This law makes it easier to prove your claim compared to other types of injury cases.

Unseaworthiness Doctrine

If your injury is caused by a defective vessel or equipment, the unseaworthiness doctrine can hold the owner responsible for unsafe conditions.

Protection for Dock and Harbor Workers

Workers who do not fall under the Jones Act may still receive benefits through the LHWCA, which covers longshoremen and harbor workers injured on the job.

What to Do After a Maritime Injury

Taking immediate steps after an accident can make a big difference in your recovery and your legal case.

1. Seek Medical Help Right Away

Your health is the top priority. Not only does getting treatment protect your health, but it also provides an important record of your injuries.

2. Report the Incident

Let your employer or the captain know about the accident as soon as possible. Reporting it quickly helps ensure that there is an official record.

3. Gather Evidence

If you can, take photos of the accident scene and your injuries. Collect the names and contact information of any witnesses. Keep copies of any accident reports or correspondence related to the incident.

4. Contact a Lawyer

Time is of the essence. Speak with a lawyer who handles maritime injuries right away. This early step can be critical in preserving your rights and making sure your case is filed before any deadlines pass.

Compensation in Maritime Injury Cases

If your claim is successful, you may be entitled to several types of damages:

• Medical Expenses: Costs for current and future medical treatments.
• Lost Wages: Compensation for income lost because you couldn’t work.
• Pain and Suffering: Monetary awards for the physical and emotional toll of your injuries.
• Disability and Impairment: If your ability to work or enjoy life is reduced, you may receive additional compensation.
• Loss of Consortium: Damages if your relationship with your family is negatively affected.

The actual amount you receive will depend on the specifics of your case, including the severity of your injuries and the impact on your life.

The Importance of Legal Representation

Having a good lawyer on your side can make all the difference. A lawyer can help by:

• Investigating what happened in your accident.
• Talk with insurance companies to ensure you get a fair settlement.
• Building a strong case with all the necessary evidence.
• Representing you in court if needed.

At Shlosman Law Firm, our firm is dedicated to fighting for your rights. We understand that the legal system can seem intimidating, but we work hard to help you through every step of the process. Our commitment is clear: we put in the work to make sure that those responsible for your injury pay what they owe.

Don’t Wait – Get the Help You Deserve

If you or someone you care about has been injured in a maritime accident, don’t delay. Time is critical, and delaying action can harm your chances of a full recovery—both medically and legally. We urge you to reach out to us immediately. If you are in New Orleans or the surrounding areas, contact Shlosman Law Firm at 504-826-9427 or visit our website for a free consultation. Our office is located at 4907 Magazine Street, New Orleans, LA 70115.

We’re here to listen, help, and ensure you get the support you need after a maritime injury. Let’s work together to get you back on track. We look forward to hearing from you and guiding you through this difficult time.