The waterways, ports, and offshore rigs of South Louisiana power some of the nation’s most critical industries—from oil and gas to marine shipping and logistics. Every day, offshore workers put their safety on the line to keep these industries moving. When injuries happen, the consequences can be serious—and the legal process can be complex.
Many injured workers assume standard workers' compensation will apply. But for maritime employees, a different set of laws often governs their rights. Chief among them is the Jones Act—a federal law designed to protect seamen injured due to unsafe vessels or employer negligence.
For more than 30 years, Falcon Law Firm has helped injured offshore workers in Louisiana understand their legal options and fight for the compensation they deserve. Here’s what you need to know about how the Jones Act works—and whether it applies to your situation.
The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law that gives qualifying maritime workers the right to take legal action against their employer if they are injured due to negligence or unsafe conditions aboard a vessel. This law specifically applies to individuals classified as "seamen," a designation with a precise legal definition.
To qualify as a seaman under the Jones Act, a worker must spend at least 30% of their time actively working on a vessel in navigation. This includes many offshore oilfield workers, crew members on boats and barges, and others who work on Louisiana’s navigable waterways.
Unlike traditional workers’ compensation programs, the Jones Act requires the injured worker to prove that their injury was caused by employer negligence or the unseaworthiness of the vessel. However, the burden of proof is relatively low—even a minor act of negligence may be enough to bring a successful claim. The Jones Act also allows injured workers to seek a wider range of damages, including pain and suffering, lost wages, and diminished earning capacity. Claims under the Jones Act are typically heard in federal court and include the right to a jury trial.
Unlike traditional workers' compensation, which typically limits recovery to medical bills and a portion of lost wages, the Jones Act allows injured offshore workers in Louisiana to recover damages for:
If the injury occurred due to an unseaworthy vessel or employer negligence, workers have a right to pursue full and fair compensation under this law.
If an injured worker does not meet the criteria to qualify under the Jones Act, other maritime laws may still offer protection:
Under general maritime law, workers may be entitled to "maintenance and cure," which requires employers to cover both medical expenses and basic living costs until the injured worker reaches maximum medical improvement. This doctrine applies regardless of fault and provides a foundational safety net for maritime employees.
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides benefits to workers injured in shipyards, docks, or other land-based maritime environments. This law offers no-fault compensation, including medical treatment and wage replacement, for those who are not classified as seamen.
For oilfield workers on offshore platforms, the Outer Continental Shelf Lands Act (OCSLA) extends federal protections to those injured beyond state waters. It clarifies the applicable legal framework and ensures injured workers on the outer continental shelf are not left without recourse.
In tragic cases where a worker dies more than three nautical miles from shore due to negligence or unsafe conditions, the Death on the High Seas Act (DOHSA) allows surviving family members to seek compensation for their loss.
Maritime law is a separate body of law, different from Louisiana civil law in both substance and procedure. For example, maritime cases often fall under federal jurisdiction, with unique rules regarding liability, venue, and damages.
Falcon Law Firm has a long and successful history of representing maritime clients, including a landmark victory in the U.S. Supreme Court case American Dredging v. Miller. We understand what’s at stake for offshore workers and their families.
If you've been injured offshore or while working on a vessel, the legal protections available to you may differ significantly from traditional workers’ compensation. The Jones Act allows qualifying maritime workers to seek compensation for medical expenses, lost wages, pain and suffering, and more—but only if the right legal steps are taken.
Understanding whether you qualify under the Jones Act can make a crucial difference in your recovery—both physically and financially. That’s why it’s essential to speak with a maritime attorney who knows how to navigate the complexities of offshore injury claims.
For more than 30 years, Falcon Law Firm has helped injured offshore workers in Louisiana assert their rights and recover the compensation they deserve. Contact us online, call us at 504-341-1234 or visit our Marrero office to schedule a consultation.
This blog post is for informational purposes only and does not constitute legal advice.