Maritime Accident FAQs

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Frequently Asked Questions About New Orleans Maritime Injury Claims

After a serious maritime accident, it’s natural to have a lot of questions and feel uncertain about what to do next. The laws protecting maritime workers are complicated and different from regular onshore injury claims. To help provide some clarity, our experienced New Orleans maritime lawyers have answered some of the most common questions we hear from injured workers and their families.

Disclaimer: Every case and property is unique. The general answers provided here are for informational purposes only and may not apply directly to your situation. This information should not be considered legal advice. Please consult with an attorney for advice regarding your particular case.

Questions About Your Rights & Case

If you were injured while working on or near navigable waters (like the Gulf of Mexico, Mississippi River, or Intracoastal Waterway) due to someone else’s carelessness or an unsafe condition, you likely have a maritime injury claim. The specific law that applies—like the Jones Act for seamen or LHWCA for dockworkers—depends on your job and where the accident happened. The best way to know for sure is to speak with an experienced maritime lawyer for a free case evaluation.

At Lambert Zainey, we handle all maritime injury cases on a contingency fee basis. This means you pay absolutely nothing upfront. We only earn a fee if we successfully recover money for you through a settlement or verdict.

This is critical. There are strict deadlines, called statutes of limitations. For most Jones Act and general maritime law claims, you generally have three years from the date of the injury. However, LHWCA claims have much shorter deadlines—you must report your injury to your employer within 30 days and file a formal claim within one year. Because deadlines vary and can be complex, it is vital to contact a lawyer as soon as possible after your accident.

You should be very cautious. The first offer from an insurance company is almost always far less than what your case is truly worth. Their job is to save the company money, not to give you a fair deal. Never sign any settlement agreements or release forms without having them reviewed by your own maritime lawyer first.

Questions About the Jones Act & Seaman Status

The Jones Act is a federal law that gives special rights to workers who qualify as “seamen” (crew members on a vessel). It allows injured seamen to sue their employer if the employer’s carelessness (negligence) caused the injury, and it allows them to recover money for medical bills, lost wages, and pain and suffering.

Learn more on our Jones Act Claims Page.

Generally, you are considered a seaman if your job contributes to the mission of a vessel (or a fleet of vessels) and you spend a significant amount of your work time (often 30% or more) aboard that vessel while it’s operating on navigable waters. This can include deckhands, engineers, cooks, captains, and many workers on movable rigs, tugboats, and supply boats. Because it can be a tricky legal question, we can help determine your status during a free consultation.

The biggest difference is that under the Jones Act, you can sue your employer for negligence and recover damages for pain and suffering, which is not available in a typical workers’ comp or LHWCA claim. Workers’ comp is generally a “no-fault” system with set benefit amounts, while the Jones Act is a fault-based system that allows for a much broader recovery if you can prove your employer was careless.

Questions About Other Maritime Laws

Maintenance and Cure (M&C) is a basic right for injured seamen, regardless of fault. “Maintenance” is a daily payment to cover your basic living expenses (like rent and food) while you recover. “Cure” is the payment of your reasonable and necessary medical bills until you reach Maximum Medical Improvement (MMI).

Yes. Dockworkers, longshoremen, shipbuilders, and harbor workers injured on or near navigable waters are typically covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). This is a federal workers’ compensation system that provides medical benefits and payment for lost wages.

Explore your rights under the LHWCA.

Under the maritime doctrine of Unseaworthiness, a vessel owner has an absolute duty to provide a vessel and equipment that are reasonably fit for their intended purpose. If broken, missing, or unsafe equipment caused your injury, you may have an unseaworthiness claim against the vessel owner, which holds them strictly liable.

Understand Unseaworthiness Claims here.

Fatal accidents that occur more than 3 nautical miles from shore (or 12 nautical miles for aviation accidents) are generally governed by the Death on the High Seas Act (DOHSA). This law allows families to recover financial losses they suffered due to the death. The rules are very specific and different from other wrongful death claims.

Find out more about DOHSA claims.

Can I choose my own doctor?

For seamen receiving Cure benefits, you generally have the right to choose your own treating physician after the initial emergency visit. For LHWCA claims, there are also rules that often allow you to select your own doctor. It’s important to follow the correct procedures, which an attorney can help you with.

It is illegal for an employer to fire you or retaliate against you for reporting an injury and filing a legitimate Jones Act or LHWCA claim. If you believe you were fired in retaliation, you may have a separate legal claim against your employer.

Still Have Questions? Contact Us for Free.

Every maritime injury case is unique. If you didn’t see your question answered here, or if you’d like to discuss the specific details of your situation, don’t hesitate to reach out.

The experienced maritime lawyers at Lambert Zainey are here to provide the answers and guidance you need. Your consultation is always free and completely confidential.

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