Maritime Law: How It Impacts Seafarers and Businesses in Louisiana

Louisiana’s waterways keep industries moving, but working on the water comes with risks.

A deckhand on a supply vessel could slip on an unmarked oil spill. A longshoreman unloading cargo at the Port of New Orleans might suffer a back injury from faulty equipment.

Maritime law protects workers and holds businesses accountable, but it’s different from standard injury law.

At Shlosman Law Firm, we fight for injured maritime workers and help businesses understand their legal responsibilities.

This article breaks down real-world examples of how maritime law impacts seafarers and businesses in Louisiana—and why legal representation matters.

Maritime Law’s Impact on Seafarers in Louisiana

Several laws provide different types of compensation and benefits for seafarers and maritime workers in Louisiana. These laws include:

The Jones Act

The Jones Act is a lifeline for seafarers hurt on the job. It holds employers responsible when negligence leads to injuries.

Unlike standard workers’ compensation, which pays benefits regardless of fault, the Jones Act requires injured workers to prove their employer’s negligence.

Example:

A Louisiana crew member on an offshore drilling rig gets injured because his employer failed to fix a broken ladder. Under the Jones Act, he can seek damages for lost wages, medical expenses, and pain and suffering.

The law applies to anyone considered a seaman—meaning they spend at least 30% of their working time on a vessel.

It also covers more than just offshore injuries. A deckhand on a river tugboat, a fisherman in the Gulf, or a harbor pilot in the Port of New Orleans could all be protected under this law.

It’s different from general personal injury claims because it’s based on employer negligence. Plus, it offers more compensation than traditional workers’ comp, covering things like emotional distress and loss of future earnings.

Common maritime accidents that fall under the Jones Act include:

• Falls due to slippery decks
• Machinery malfunctions
• Explosions and fires
• Lifting injuries from heavy cargo
• Collisions between vessels

Longshore and Harbor Workers’ Compensation Act (LHWCA)

Not everyone who works on the water qualifies for the Jones Act. The LHWCA covers dockworkers, shipbuilders, and other maritime employees who don’t work at sea but still face dangerous conditions.

Example:

A crane operator at the Port of New Orleans injures his back while loading cargo. He doesn’t qualify as a seaman, but the LHWCA ensures he gets medical care and wage benefits.

The LHWCA works like workers’ compensation but is federally regulated. It covers:

• Longshoremen and dockworkers
• Ship repair workers
• Stevedores (cargo handlers)

Maintenance and Cure

Even if a worker can’t prove employer negligence under the Jones Act, they still have rights under maintenance and cure.

• Maintenance covers basic living expenses while the worker recovers.
• Cure pays for medical treatment until they reach maximum recovery.

Example:

A deckhand working on a supply boat in the Gulf develops pneumonia and is unable to work. Even though his employer wasn’t at fault, they must still provide maintenance and cure benefits until he recovers.

Unlike the Jones Act, maintenance and cure apply no matter who is at fault. It ensures injured seafarers aren’t left struggling to cover rent and medical bills while recovering.

Maritime Law’s Impact on Businesses in Louisiana

Maritime businesses face legal challenges that can lead to financial losses if not handled properly. From cargo disputes to environmental regulations, companies must comply with laws that govern Louisiana’s waterways.

Cargo Claims and Vessel Operations

For maritime businesses, cargo disputes are a serious concern. The Carriage of Goods by Sea Act (COGSA) sets the rules for liability when cargo is damaged or lost.

Example:

A shipping company in New Orleans sends a barge filled with grain down the Mississippi. Due to improper storage, the grain gets contaminated, leading to a lawsuit. Under maritime law, liability depends on contracts, insurance policies, and federal shipping regulations.

For businesses, having the right contracts and insurance in place is critical. One mistake can lead to costly claims.

Collisions and Allisions

Collisions happen frequently in Louisiana’s waterways, but they’re not always as simple as a car accident.

• Collision: Two moving vessels crash into each other.
• Allision: A moving vessel strikes a stationary object, like a dock or bridge.

Example:

A tugboat loses control and crashes into a dock at the Inner Harbor Canal, damaging a shipping facility. Who’s responsible? It depends on who was at fault and whether proper safety measures were in place.

Determining liability in vessel accidents requires a thorough legal review. Failing to have the proper legal guidance can be costly for businesses.

Environmental Regulations

Maritime companies in Louisiana must follow strict environmental laws. Oil spills, chemical leaks, and pollution violations can result in heavy fines.

Example:

An offshore company is fined for an oil spill near the Louisiana coast. Even though the company didn’t intentionally pollute the water, they are still held responsible under federal and state laws.

Businesses operating in Louisiana’s waters need legal guidance to ensure compliance.

Contractual Disputes

Contracts are the foundation of maritime business. Whether it’s a shipping agreement or a vessel lease, businesses must ensure their contracts are legally sound.

Example:

A Louisiana company hires a barge operator to transport goods but later disputes the contract terms. Without proper legal protection, they risk financial loss.

Legal representation is essential for drafting and enforcing maritime contracts.

Where Does Maritime Law Apply in Louisiana?

Maritime law covers all major waterways in the state, including:

• The Mississippi River – One of the busiest commercial waterways in the world.
• The Gulf of Mexico – Home to offshore oil drilling and fishing industries.
• The Port of New Orleans – A major hub for international trade.
• The Gulf Intracoastal Waterway – A key route for barges and cargo vessels.

These waterways are vital for Louisiana’s economy, but they also come with legal risks for workers and businesses.

Need Maritime Legal Help in Louisiana? Contact Shlosman Law Firm

If you’ve been injured while working on the water or if your business is facing a maritime legal issue, we can help.

At Shlosman Law Firm, we handle cases involving maritime injuries, vessel accidents, cargo disputes, and environmental claims. We fight for injured seafarers and provide legal guidance to maritime businesses.

Don’t wait to protect your rights. Call 504-826-9427 or contact us online for a free consultation. Let’s talk about your case.