Metairie Louisiana Legal Blog

The waterways around Louisiana provide employment for numerous residents. During the course of their duties, they could suffer debilitating injuries. The problem is that those who work on vessels, harbors, docks or oil platforms do not qualify for traditional workers' compensation as those who work on land do. Instead, they must rely on admiralty and maritime law for the benefits they need during recovery.

Federal courts hear most work-related injury claims. Depending on the type of work the injured person does, claims would be filed under the Longshore and Harbor Workers' Compensation Act or the Jones Act. In some cases, a claim could be filed under both acts.

Some Louisiana residents make their living working out on the water, but not on navigable vessels. Instead, they work on oil platforms, which comes with numerous dangers. Even when a company takes safety on an offshore oil platform seriously, accidents still happen that cause injuries and take lives.

For example, Shell operates an auger tension leg platform out in the Gulf of Mexico somewhere in the neighborhood of 214 miles from New Orleans. Recently, personnel on the platform were conducting safety drills when an accident occurred. At around 9 a.m. on June 30, tragedy struck during a mandatory and routine lifeboat launch and retrieval test. 

The Longshore and Harbor Workers’ Compensation Act (LHWCA) helps provide compensation for those who suffer injuries “on the navigable waters of the United States.” For some, it’s easy to understand if they are eligible for this compensation. Those hurt while performing construction on a pier or dock can file a claim quickly.

For others, it might not be as straightforward. Plenty of people operate near “navigable waters” and aren’t involved in shipbuilding or what many would consider traditional maritime occupations.

Working on one of Louisiana's navigable vessels comes with risks. While workers often make sure they do what they can to avoid the obvious risks associated with their jobs, they may not pay enough attention to the less dangerous, but potentially just as debilitating, dangers. For instance, a neck sprain may not seem serious, but it could keep a worker on land for some time. 

A sudden twisting of the spine, a fall or whiplash could all lead to a neck sprain. When it happens, a worker may not think much of it, or it could cause excruciating pain. In fact, a neck sprain may not even happen in a sudden accident. It could result from a worker repeatedly forcing his or her joints beyond their normal limits. In either case, the resulting injury will undoubtedly be accompanied by pain.