Offshore and Maritime Injury Attorney

For many Louisiana families, maritime and offshore work is in their blood. However, complex federal and state laws can be difficult to navigate when an accident occurs. The Louisiana offshore and maritime injury attorneys at Malvin Law have the experience needed to help steer you through the legal process necessary for recovery.

Why Hire Us?

Attorney Max Malvin has a certificate of specialization in Admiralty Law from Tulane Law School, has served as the Vice Chair for the American Bar Association TIP’s Admiralty and Maritime Committee and is licensed master mariner with the United States Coast Guard. He has helped countless victims of offshore injuries get the compensation they deserve. His maritime litigation experience includes: Jones Act, general maritime law, Longshore and Harbor Workers Compensation Act, OCSLA, the Death on the High Seas Act (DOHSA), and the Federal Tort Claims Act.

Potential Claims for Injured Seaman

An injured worker must fulfill the legal requirements for “seaman status” for purposes of the maritime claims listed below. Chandris v. Latsis established seaman status is afforded to employees with: (1) a connection to a vessel in navigation or identifiable group of vessel under common ownership or control; and (2) job duties that contribute to the function of the vessel or accomplishment of it’s mission.

Jones Act

The Jones Act, also known as the Merchant Act of 1920, is a federal law that allows injured seaman to bring legal action against their employer for damages resulting from his or her injuries incurred in service to a vessel. Depending on the facts of the case, an injured seaman may be able to recover current and future medical expenses, lost wages, loss of future earning ability, and physical / mental suffering. The Jones Act also provides remedies for wrongful death.

Unseaworthiness

An injured seaman may also be able to recover for unseaworthiness if he can establish that he was injured because the vessel was not “reasonably fit for her intended purpose.” Likewise, the equipment, or “appurtenances”, also need to be reasonably fit for their intended purpose. Unlike claims under the Jones Act, seaman injured by an unseaworthy condition do not need to establish negligence. Rather, the injured seaman needs only to show a causal link between the unseaworthy condition and his injury. However, this doctrine does not hold the shipowner responsible for a failure of the ship or its equipment simply because it occurred. The applicable case law is clear that it does not require vessels to weather every conceivable storm or withstand every peril of the sea.

Maintenance and Cure

Maintenance and cure provides injured seaman with benefits similar to workers’ compensation. Maintenance is meant to “maintain” the injured seaman while he is recovering from his injuries. Cure, as the name may suggest, pays for the injured seaman’s medical bills and expenses. Maintenance and cure is also “fault-free” meaning that injured seaman are entitled to these benefits regardless of whether negligence was involved. Maintenance and cure shall be provided until the injured seaman reaches “maximum medical improvement” – meaning that his condition will no longer improve with continued medical treatment. Lastly, an injured seaman may be entitled to recover punitive damages for a “willful or wanton failure to pay maintenance and cure benefits.”

Other Maritime Claims

Just because you don’t meet the requirements for seaman status, doesn’t mean that you don’t have a maritime claim. Below is a list of other potential maritime claims that may be available to injured persons.

General Maritime Law Negligence

Obviously, many people may be excluded by the seaman status requirement, such as ferry passengers, cruise ship guest, fishing charter customers, etc.. However, maritime law still may provide a remedy. Under general maritime law, one owes a duty of reasonable care under the circumstances.

Longshore & Harbor Workers’ Compensation Act (LHWCA)

The LHWCA is another federal act that provides the exclusive remedy for injured longshoremen and harbor workers. The LHWCA provides benefits similar workers’ compensation; however, an injured longshoremen or harbor worker may also be able to pursue a negligence action against the vessel owner.

Who Qualifies: somebody engaged in maritime employment other than a seaman. However, there are a number of exceptions and exclusions.

Benefits for qualifying workers may include:

• Medical care, treatment, prescriptions and supplies
• Disability compensation
• Death and funeral benefits

The LHWCA also provides a legal framework to assert a negligence claim against a vessel owner, commonly referred to by attorneys as a 905(b) claim. While section 905(b) of the LHWCA creates this potential negligence action against the vessel owner – the standard used to evaluate negligence is different.

Maritime Products Liability

Maritime law recognizes a claim for products liability if:

1. Maritime jurisdiction is established;
2. The product is responsible for your injuries; and
3. The product is:
   
   1. Defective in manufacture;
   2. Defective in design;
   3. Defective for lack of an adequate warning; or
   4. Breach of an express warranty

Wrongful Death

Maritime law provides three potential claims for wrongful death. As noted above, the Jones Act provides the exclusive remedy for seaman. However, other potential claims may arise when the deceased individual was not a seaman. Specifically, the family of the deceased worker may have claims on DOHSA (the Death on the High Seas Act), under General Maritime Law, or even under the state law of the adjacent state.

Get Help from Malvin Law

Offshore and maritime claims can be some of the most complex injury claims possible. Demand the experience and expertise of Malvin Law’s maritime and offshore injury attorneys. We will ensure you receive everything you deserve!