Maritime Injury Lawyers

Over $1 Billion Recovered for Maritime Accident Victims. We are proud to have a reputation for aggressively fighting for the rights of injured workers.

About Our New Orleans Maritime Lawyers

Since the 1970s, the New Orleans based maritime lawyers at Lambert Zainey have successfully resolved hundreds of maritime claims worldwide.

Our maritime injury attorneys have represented offshore maritime workers including divers, blue water seamen who suffered injuries on the high seas; vessel and drill crew members suffering personal injuries and deaths resulting from offshore drilling operations, including jack-up rigs, semi-submersibles, IDBs; and crews of offshore tugs, crew boats, lift boats, work boats, supply boats, living quarters, cryogenic platforms, lay barges, derrick barges, and other special purpose vessels and operating platforms.

Our experienced maritime lawyers have also been successful representing inland maritime workers, whether tankermen & deckhands on push boats and tugs or oilers and utility men on midstream transfer operations.

If you’ve worked on a vessel, you know that the maritime world has its own language and that anyone who hasn’t experienced it probably couldn’t understand how things operate in this world. Maritime law is similarly unique and needs an experienced maritime lawyers to maximize your recovery under whichever maritime laws may apply.

Pursuing a Maritime Claim

The maritime industry is essential to the strength and growth of this country and is the lifeblood of our economy here in the Gulf Coast. While the recent downturn in the Oil & Gas Industry has jeopardized many of our jobs, for those who have kept their jobs, it has become even more difficult to perform them safely with companies sacrificing safety by cutting corners to save money.

During times like these, it is of the utmost importance to know your rights as a maritime worker. In our country, seamen are wards of the court, which means they enjoy special protections because of their exposure to the perils of the sea and dangers of performing their duties so far from their homes for extended periods of time and having to rely on their employers to provide a safe place to work.

Common Maritime Injuries
Do I Need A Maritime Lawyer after an Injury?

“Do I need a maritime attorney?” It’s a question workers should ask when injured offshore. Unfortunately, many don’t. Unlike workers’ compensation claims, the Jones Act allows you to sue your employer for sustaining a work injury that is their fault. Determining whether a maritime worker is a Jones Act seaman is a case by case analysis that requires an experienced maritime lawyer.

blacklist

CAN YOU BE BLACKLISTED FOR FILING AN OFFSHORE INJURY CLAIM?

While we can’t say for certain whether this is possible, we feel strongly that this should NOT be a deciding factor in pursuing your right to compensation after a maritime injury. There are laws that protect seamen and other maritime workers from being blacklisted, and the courts have ruled (in Pino v. Protection Maritime Insurance Company and other cases) that blacklisting or blackballing offshore workers is illegal. In addition, when asked for a reference, past employers are not legally permitted to discuss the fact that you filed a claim against the company.

Do I Have to See a Company Doctor After a Maritime Injury

DO I HAVE TO SEE A COMPANY DOCTOR AFTER A MARITIME INJURY?

You are not required to see a company doctor, but you should never refuse medical treatment as this can be used against you later in the case. However, you are entitled to see the doctor of your choosing regardless of whether you have already seen a doctor that your company sent you to. Ultimately, it’s in your best interest to ensure that your treating physician is a doctor not affiliated with your company.

How Long do You Have to File a New Orleans Personal Injury Claim?
HOW LONG DO YOU HAVE TO FILE A MARITIME INJURY CLAIM?

If you are a maritime worker injured while on the job, there are many advantages to seeking legal representation from an experienced offshore injury attorney as soon as possible after your accident takes place. There are statutes of limitations for filing a maritime injury claim under the Jones Act and other maritime laws. If you wait too long to file a claim, you may find yourself unable to seek compensation for the damages caused by your injuries. The statutes of limitations vary, depending on which laws apply in your case.


Companies We’ve Fought Against

Lambert Zainey has obtained recoveries from a long list of maritime companies, including some of the biggest names in the industry.

Maritime Laws That Affect Injured Workers

Maritime laws protect offshore workers and other maritime workers after accidents and injuries. However, maritime law can be heavily detailed and challenging to navigate. If you are the victim of a maritime accident or injury, whether offshore, on an inland push boat or a midstream transfer operation on the river, contact Lambert Zainey today.

The following acts exist to protect maritime workers in the event of maritime injuries or accidents:

One of the most important laws governing the rights of maritime workers is the Jones Act. Enacted in the 1920s, it provides protections for seamen who are injured on the job by expanding the rights of seamen under General Maritime Law and adding new rights and causes of action by which an injured maritime worker can recover compensation for damages.

Learn More About Who Qualifies Under the Jones Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides for compensation, rehabilitation, and medical care to workers who are injured while working “upon the navigable waters of the United States” in jobs that that assist in maritime commerce.

Learn More About Your Rights as a Longshoremen

The Death on the High Seas Act, or DOHSA, provides relief for the families of workers who are killed by wrongful acts or negligence while on a vessel in international waters.

There are many laws that govern compensation for workers and their families, including the Jones Act, the Longshore and Harbor Workers Compensation Act, the Outer Continental Shelf Lands Act, and general maritime laws. The DOHSA specifically applies to the victims of vessel and aviation accidents that occur more than 12 nautical miles from United States shores.

Learn More About DOHSA

In 1953, the United States government enacted the Outer Continental Shelf Lands Act (OCSLA) to extend the protections of the Longshore and Harbor Workers’ Compensation Act to workers on offshore platforms on the Outer Continental Shelf.

These protections include compensation for medical costs, disability payments and rehabilitation costs for workers injured on the OCS, as well as death benefits for families of workers who have been killed. Eligible workers can claim these benefits even if they were at fault for the accident that cause the injuries.

Learn More About the OCSLA

This law gives crewmembers of a vessel the right to recover for injuries caused by the unseaworthiness of a vessel, and the right to receive medical and living expenses in the form of maintenance and cure payments.

Learn More About General Maritime Law

Maintenance and Cure is a right based in General Maritime Law. Any seaman who is injured or becomes ill while in service to a vessel has the right to receive maintenance and cure until reaching maximum medical improvement (MMI) or returns to work.

Learn More About Maintenance and Cure

case results

Over $1 Billion Recovered for Maritime Accident Victims

Murphy Oil Spill
$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

ARCO Explosion
SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

Why Do Maritime Injuries Happen?

Maritime jobs are dangerous for a variety of reasons, including:

  • Hazardous weather and conditions
  • Dangerous machinery and equipment
  • Lack of maintenance to keep equipment in good operating condition
  • Long working hours
  • Poor company safety standards

While some maritime injuries are minor, many of these injuries will dramatically affect the worker’s life. In addition to the physical toll, severe injuries can have a lasting emotional impact on workers and their families, leading to stress, anxiety, depression, and other mental health issues.

INLAND, PORT AND OFFSHORE

WORKERS OUR MARITIME LAWYERS FIGHT FOR

Offshore Drilling Crew

Offshore Drilling Crew

We help offshore drilling crew members that have been injured.

  • Roustabouts
  • Roughnecks
  • Derrickmen
  • Drillers
  • Shakerhands
  • Pump Operators
  • Toolpushers
  • Crane Operators
  • Riggers
Midstream Operations Workers

Crane Barge/ Midstream Operation

  • Rabbits
  • Cover stackers
  • Toppers
  • Flagmen
  • Tractor operators
  • Deckhands
  • Pilots
  • Utility men
  • Oilers
  • Welders
  • Riggers
  • Crane operators
Tug Boat Crew

Tug Boat Crew

Wireline Unit

Plug & Abandon Operation

  • Slick line operators
  • Wireline operators
  • E-line operators
  • Explosives
General Vessel Crew

General Vessel Crew

  • Ordinary seamen
  • Able seamen
  • Boatswain
  • Mates
  • Captains
  • Deckhands
  • Motormen
  • Engineers/Q-MED
  • Electricians
  • Steward
  • Cooks
  • Galley men
  • Medic
  • Safetyman
Blue Water Vessel

Blue Water Vessels

  • Captain/Master
  • Deck department
  • Officers/ Licensed
  • Chief Officer/Chief Mate
  • Second Officer/Second Mate
  • Third Officer/Third Mate
  • Ratings / Unlicensed
  • Boatswain
  • Able Seaman/AB
  • Ordinary Seaman/OS
  • Engineering department
  • Officers / Licensed
  • Chief engineer
  • Second engineer/first assistant engineer
  • Fourth engineer/third assistant engineer
  • Ratings / Unlicensed
  • Qualified Member-Engine Department/QMED
  • Oiler
  • Wiper
  • Electrical department
  • Electrotechnical Officer
  • Steward’s department
  • Chief steward
  • Chief cook
Sub Sea Operations

Sub-Sea Operations

  • Saturation divers
  • SCUBA (self-contained breathing appara) divers
  • Tendors – Decompression Chamber Operators
  • Life support technicians
  • Dive masters
  • BOP technicians
  • OV operators
  • Ordinary seamen
  • Able seamen
  • Boatswain
  • Mates
  • Captains
  • Deckhands
  • Motormen
  • Engineers/Q-MED
  • Electricians
  • Steward
  • Cooks
  • Galley men
  • Medic
  • Safetyman
Dredging Vessel Accident Injuries: Protecting Workers During These Vital Maritime Operations

Dredging Operation

  • Liver man
  • Boom operators
  • Deckhands
  • Oilers
  • Mechanics
  • Engineers
  • Welders
6 Barges Break Away on Intracoastal Waterway Near Houma After Striking Concrete Barrier

Lay Barge Operations

  • Welders
  • Fitters
  • Helpers
  • Fire watch
  • Anchor handlers
  • Wench operators
  • Deckhands
  • Oilers
  • Mechanics
  • Barge crew
  • Stinger

Frequently Asked Questions For Our New Orleans Maritime Lawyers

The truth is, injured offshore workers have more rights than they realize. You have a right to

  • an attorney,
  • independent medical care,
  • to have medical bills paid,
  • to not talk,
  • and to recover.

Read More About Your Rights If You Have Been Injured Offshore

Claims involving injuries caused by defective maritime products and equipment can often be hard to prove, especially when the items were purchased through a distributor or retailer rather than the manufacturer.

Under maritime law, the manufacturers are generally responsible for any injuries caused by their products. However, the distributor may also share some liability if it can be shown that they knew their merchandise contained defective parts. Employers can be held liable as well, if there is evidence that they failed to inspect or properly maintain their equipment.

Read More About Who Is Responsible If You Were Injured Due to Defective Products or Equipment

The injured seaman is entitled to collect these benefits until a physician determines the injured worker has reached a point called “maximum medical improvement.” If an employer refuses to pay maintenance and cure benefits, the injured seaman has a right to file a lawsuit to recover these benefits.

Learn More About The Length of Time Maintenance and Cure Benefits Will Last Under the Jones Act

Learn How Much an Injured Worker Will Receive in Maintenance and Cure Benefits Under the Jones Act

Louisiana’s many rivers are the lifeblood of the state’s economy. At any given time, there is a steady stream of vessels — from fishing and casino boats to cargo ships and oil tankers — making their way up and down the gently flowing river waters. Some of the nation’s busiest ports are located along the Mississippi River. The rivers provide employment to thousands of Louisiana’s citizens.

Workers injured on Louisiana’s rivers, lakes and inland waterways may qualify to collect federal benefits under the Jones Act and other maritime laws.

Learn More About River Worker Injuries

Learn More About Inland, Port, and Waterway Worker Injuries

Jones Act lawsuits can often take a long time to resolve due to the varying factors involved. It depends on how much factual disputes there are, the severity of the injuries sustained, how many parties are liable, potential court delays, and any potential delays due to the plaintiff and defendant.

Read More About How Long Maritime Lawsuits Take

In general, maritime injury settlements for physical injuries are not taxable. However, if the settlement includes damages for emotional distress, depression, or PTSD then it may be considered taxable.

Read More About How Tax Laws Apply to Maritime Injury Settlements

Compensation For Workers Injured While Working a Maritime Job

The type and amount of compensation you may be able to recover after a maritime accident depends on many factors, including the nature of your job, the specific maritime law your claim falls under, and the severity of your injuries. Compensation may include:

  • Past medical expenses
  • Future medical expenses
  • Lost wages
  • Lost earning capacity
  • Loss of enjoyment of life
  • Pain and suffering

Common Types of Maritime Injuries

When a person seeks employment in the offshore industry, they understand that the job comes with inherent risks other work doesn’t. Some of the most common maritime injuries can be severe, even life-threatening. The risks of suffering these injuries are greatly increased when employers and other workers are negligent in their duties. At Lambert Zainey, our experienced Louisiana offshore injury attorneys have helped workers who have been hurt in many different types of offshore accidents.

Common Challenges and Solutions in Personal Injury Accident Claims

Navigating the complexities of a maritime accident claim can present several challenges. At Lambert Zainey, we are equipped to address these challenges head-on, providing solutions that pave the way for a successful resolution of your claim.

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Proving Negligence in Maritime Accidents:
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Proving Negligence in Maritime Accidents:

Challenge: Establishing liability can be complicated in maritime law, as it often requires proving negligence on the part of the employer or vessel owner.

Solution: Our team has decades of experience in investigating maritime accidents. We gather comprehensive evidence, including safety records, employee training logs, and maintenance reports, to establish liability effectively.

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Managing Medical Treatment and Financial Strain:
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Managing Medical Treatment and Financial Strain:

Challenge: Dealing with ongoing medical treatment and potential financial strain due to an inability to work can be overwhelming for injury victims.

Solution: We provide comprehensive support, connecting you with medical professionals who understand maritime injuries and advising on financial options to ease your burden during the legal process.

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Dealing with Insurance Companies:
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Dealing with Insurance Companies:

Challenge: Insurance companies often aim to minimize settlement amounts or deny claims altogether.

Solution: With years of experience negotiating with insurance firms, we ensure that your rights are protected. We advocate for a fair settlement that truly reflects the extent of your injuries and losses.

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Timely Filing and Jurisdictional Issues:
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Timely Filing and Jurisdictional Issues:

Challenge: There are strict deadlines for filing maritime injury claims, and jurisdictional issues can complicate where and how to file.

Solution: We ensure timely and proper filing of your claim, considering all jurisdictional factors, to avoid any potential pitfalls that could jeopardize your case.

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Navigating Maritime Law Complexities:
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Navigating Maritime Law Complexities:

Challenge: Maritime law includes various statutes like the Jones Act and the Longshore and Harbor Workers’ Compensation Act, which can be daunting to understand.

Solution: Our attorneys are well-versed in maritime law and will guide you through these legal intricacies, ensuring that your claim adheres to all relevant statutes and regulations.

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Emotional and Psychological Impact:
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Emotional and Psychological Impact:

Challenge: Maritime accidents often have a significant emotional and psychological impact on victims and their families.

Solution: Understanding the emotional toll, we handle every case with sensitivity and empathy. We also connect clients with counseling services when needed, ensuring holistic support.

What Our Clients’ Say About Us

NATIONALLY RECOGNIZED ATTORNEYS

CONTACT US

Our experienced attorneys are here to guide you through every step of the process, from initial consultation to settlement or trial.

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