Working on the water is a way of life for many in Louisiana, but it is also one of the most dangerous professions in the world. From the unpredictable nature of the Gulf of Mexico to the heavy machinery used on oil rigs, the risks are constant. When a catastrophic incident occurs, the physical pain and financial uncertainty can be overwhelming for workers and their families. If you have been hurt on Louisiana’s waterways, connecting with offshore injury attorneys in Lafayette is your first step toward protecting your rights and recovering the compensation you need.

At Domengeaux Wright Roy & Edwards, we have spent decades standing up for the hard-working men and women of the maritime industry. Since 1957, our firm has built a reputation for helping injured seamen and dock workers secure justice against powerful companies. We understand that maritime law is distinct from standard workers’ compensation or personal injury law on land. The laws that apply to your case depend heavily on your specific job role and where the injury occurred. Navigating these complex federal statutes requires a legal team with deep knowledge and a proven track record of success.

Understanding Your Rights Under the Jones Act

The Jones Act, formally known as the Merchant Marine Act of 1920, is a federal statute that provides vital protections to “seamen” who are injured in the course of their employment. Unlike land-based workers, who are typically restricted to workers’ compensation claims that bar them from suing their employers, the Jones Act allows qualifying seamen to file a lawsuit against their employer for negligence.

To qualify as a seaman, you must spend a significant amount of your working time (typically at least 30 percent) in service to a vessel or fleet of vessels in navigable waters. This includes captains, deckhands, divers, and many oilfield workers stationed on jack-up rigs or floating vessels.

Under the Jones Act, your employer is legally obligated to provide a reasonably safe place to work. If they fail to do so, and that failure plays even a small part in causing your injury, they can be held liable. Negligence can take many forms, including:

• Failure to provide proper safety gear or training.
• Requiring workers to perform tasks in unsafe weather conditions.
• Failure to maintain equipment, leading to malfunctions.
• Allowing grease, oil, or debris to accumulate on decks, causing slip and fall hazards.
• Inadequate crew size for a specific task, leading to overexertion.

If negligence is proven, a seaman can recover damages for past and future lost wages, medical expenses, and pain and suffering. Additionally, regardless of fault, an injured seaman is entitled to “maintenance and cure.” “Maintenance” covers your daily living expenses while you recover, and “cure” covers your reasonable medical bills until you reach maximum medical improvement.

Determining your status as a seaman can be complicated, as employers often try to misclassify workers to avoid liability. This is why consulting with Jones Act lawyers serving Lafayette is critical to ensure you are pursuing the correct legal path.

What Compensation Can You Get Under the Longshore and Harbor Workers’ Compensation Act?

Not everyone who works on or near the water qualifies as a Jones Act seaman. For maritime workers who are not members of a vessel’s crew, protection is often found under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law covers employees who work on navigable waters or in adjoining areas such as piers, wharves, dry docks, terminals, and shipping yards.

The LHWCA is a no-fault system, similar to state workers’ compensation but generally providing more generous benefits. It typically covers:

• Longshoremen: Workers who load and unload cargo.
• Harbor Workers: Those involved in the construction or repair of vessels.
• Shipbuilders and Ship Repairmen: Individuals who build or fix ships.
• Offshore Workers: Some workers on fixed platforms on the Outer Continental Shelf may also fall under this act or its extension, the Outer Continental Shelf Lands Act (OCSLA).

Under the LHWCA, injured workers are entitled to medical care for their injuries and disability benefits if they are unable to work. These disability payments are generally calculated as a percentage of the worker’s average weekly wage. Specifically, you may receive roughly two-thirds of your average weekly wage while you are recovering.

While you do not need to prove your employer was negligent to receive LHWCA benefits, you generally cannot sue your employer for pain and suffering under this act.

However, if a third party—such as a different contractor, equipment manufacturer, or vessel owner—caused your injury through their negligence, you may be able to file a separate third-party lawsuit against them. This is a crucial distinction that offshore injury attorneys in Lafayette can help you identify, potentially increasing your total financial recovery.

What Is Admiralty Law and When Does It Apply?

Admiralty law, often referred to as general maritime law, is a body of law that governs navigation and shipping. Under general maritime law, a vessel owner has an absolute duty to ensure that the vessel is seaworthy, meaning its equipment and its crew are reasonably fit for their intended purpose. This means the vessel owner can be held responsible even if they were not negligent in the traditional sense.

A vessel can be considered unseaworthy for many reasons:

• Defective or broken tools and machinery.
• Lack of safety rails or non-skid surfaces.
• Incompetent or violent crew members.
• Improperly stored cargo.

If you are a seaman injured due to an unseaworthy condition, you can bring a claim against the vessel owner. This claim is often brought alongside a Jones Act negligence claim. It allows recovery of damages similar to those under the Jones Act, including lost income and pain and suffering.

General maritime law also covers passengers on vessels, such as those on cruise ships or recreational boats, who are injured due to the operator’s negligence. Understanding the nuances of admiralty jurisdiction is complex, but experienced legal counsel can determine if an unseaworthiness claim applies to your situation.

Differences Between the Jones Act, LHWCA, and DOHSA (Death on the High Seas Act)

Navigating the aftermath of a maritime tragedy can be confusing because these laws often overlap or apply exclusively depending on the details of the incident. Understanding the core differences is vital.

The Jones Act vs. LHWCA

The primary difference lies in the worker’s status. The Jones Act covers “seamen” (crew members), while the LHWCA covers land-based maritime workers (longshoremen, harbor workers). The Jones Act requires proving negligence but allows for damages for pain and suffering. The LHWCA is a no-fault system offering defined benefits, but it typically excludes pain and suffering unless a third party is involved.

The Death on the High Seas Act (DOHSA) 

When a maritime tragedy results in a fatality, the location of the incident dictates which law applies. DOHSA applies when a death occurs on the high seas beyond three nautical miles from the shore of the United States.

DOHSA allows the personal representative of the deceased (usually a spouse, parent, or child) to file a lawsuit for financial losses. This includes the loss of financial support the deceased would have provided to their dependents. Historically, DOHSA was very restrictive, limiting recovery strictly to economic losses and barring damages for the survivor’s grief or the deceased’s pre-death pain and suffering.

However, recent changes and court interpretations have evolved, particularly regarding commercial aviation incidents over water, though it remains a restrictive statute for traditional maritime cases compared to general maritime law wrongful death claims.

Because these laws are so specific, managing a claim without professional help puts you at a severe disadvantage. Insurance companies and vessel owners have teams of lawyers working to minimize their payouts. You deserve a team that fights just as hard for you.

Why You Need Offshore Injury Attorneys in Lafayette

When you are injured offshore or on the river, the company you work for will often mobilize a response team immediately. Their goal is to manage the risk and limit the company’s financial exposure. They may ask you to sign documents while you are still medicated or in pain, or they may rush you to see company doctors who might downplay the severity of your injuries.

You need an advocate who prioritizes your well-being above the company’s bottom line. The offshore injury attorneys in Lafayette at Domengeaux Wright Roy & Edwards know the tactics these companies use. We intervene to ensure you receive proper medical care from unbiased physicians and that your evidence is preserved.

We have recovered millions of dollars in verdicts and settlements for our clients because we prepare every case as if it is going to trial. Whether your case falls under the Jones Act, the LHWCA, or general maritime law, we have the resources to build a compelling case. We investigate the vessel, interview witnesses, and consult with maritime safety professionals to prove exactly how the incident occurred.

Make the Wright Choice

If you or a loved one has suffered a serious injury or death while working on the water, do not wait to seek help. There are strict statutes of limitations (time limits) on filing maritime claims. If you miss these deadlines, you could lose your right to compensation forever.

The offshore injury attorneys in Lafayette at Domengeaux Wright Roy & Edwards work on a contingency-fee basis. This means you pay no upfront fees, and we only get paid if we successfully resolve your case. There is no risk to you in seeking justice.

Let us handle the legal battle while you focus on healing. We are ready to listen to your story and fight for the future you deserve.

Make the Wright Call, Today. Call 337-291-4878 (HURT) or contact us online for a free consultation.