The Young Firm is a New Orleans maritime injury law firm that handles Jones Act and offshore injury matters for workers across Louisiana and the Gulf Coast. A proper offshore injury review starts with plain facts—where you worked, what your job actually involved, and what happened—not with you classifying your own claim.
If you would rather not read further right now, skip to the contact section at the bottom of this page, which explains what to include when you describe what happened. Otherwise, the rest of this page explains, in order, whether a lawsuit is possible, which facts decide that, who besides your employer may be involved, how treatment and income can be addressed while a claim is pending, what to do now, and what deadlines matter.
Can I Sue After an Offshore Work Injury?
Short answer: It depends on your legal status and who caused the injury, not on the fact that you were offshore. A worker who qualifies as a seaman under the Jones Act (46 U.S.C. § 30104) may sue the employer for negligence. A worker covered instead by the Longshore and Harbor Workers' Compensation Act (LHWCA) generally cannot sue the employer for negligence—the employer's liability is limited to compensation benefits (33 U.S.C. § 905(a))—but may be able to sue a negligent vessel (33 U.S.C. § 905(b)) or another responsible company that is not the employer (33 U.S.C. § 933). Working offshore alone does not establish a right to sue your employer.
If you are a seaman, meaning your work connects you to a vessel or fleet of vessels in navigation in a substantial way (the standard set out in Chandris, Inc. v. Latsis and applied in the Fifth Circuit in Sanchez v. Smart Fabricators of Texas), your main employer claim is a Jones Act negligence claim. You have to prove the employer or a co-worker was negligent and that the negligence played a part in causing your injury. Seamen may also have claims for maintenance and cure and for unseaworthiness, which are separate from negligence. The Jones Act claims resource explains that framework in depth.
If you are not a seaman but your work is covered by the LHWCA, whether directly or through the Outer Continental Shelf Lands Act, your employer's obligation is compensation benefits: medical care and disability payments generally paid without proof of fault. In exchange, you generally cannot sue that employer for negligence (33 U.S.C. § 905(a)). The Longshore Act benefits and claims resource covers those benefits.
Regardless of status, a company that is not your employer—a platform operator, vessel owner, contractor, or equipment supplier—generally does not have the employer's protection from suit. If that company's negligence caused your injury, a separate claim may be possible alongside whatever employer remedy applies. That analysis is covered under claims against responsible third parties.
Two cautions. First, the "employer" for legal purposes is not always the company on your paycheck; a company that borrowed you and directed your work may be treated as your employer. Second, the answer can change with the facts of your work history, so be wary of anyone who tells you definitively that you can or cannot sue before reviewing those facts. For a fuller discussion of what you may be entitled to, see offshore injury rights and compensation.
Your Work Setting and Duties Help Determine Which Claims to Review
Job title and departure port do not decide which law covers you. What decides it is a set of facts a lawyer has to gather:
- Vessel connection. Was the structure you worked on a vessel? Floating, mobile structures such as drillships, jack-up rigs, liftboats, offshore supply vessels, and crew boats are commonly treated as vessels; a fixed production platform attached to the seabed generally is not. But whether a particular structure is a vessel is a legal question about that structure, not an assumption about its category (Stewart v. Dutra Construction Co.; Lozman v. City of Riviera Beach).
- Your actual duties. Did your work contribute to the function of a vessel or the accomplishment of its mission? What did you do on a typical hitch?
- Your work history. How much of your working time over the relevant period was spent aboard vessels, and was that assignment ongoing or a one-off? Courts look at whether the connection was substantial in both duration and nature. A percentage figure is sometimes used as a rough guide, but it is not a mechanical rule, and the nature of the connection matters as much as the time.
- Where the accident happened. Injuries on the Outer Continental Shelf raise coverage and choice-of-law questions that injuries in state waters do not.
The table below is for orientation only. It does not determine eligibility; it shows how the facts sort into the resources on this site.
| Your work setting | Facts a lawyer will ask about | Frameworks that may be relevant | Where to read more |
|---|---|---|---|
| Vessel-connected work (drillship, jack-up rig, liftboat, OSV, crew boat) | Duties aboard; whether the structure was in navigation; how much of your work history was aboard vessels; who employed you and who directed the work | Jones Act negligence; maintenance and cure; unseaworthiness; third-party negligence | Jones Act claims, whether you qualify as a seaman, maintenance and cure benefits, unseaworthiness claims |
| Fixed platform work (production platform attached to the seabed) | Whether the platform was on the Outer Continental Shelf; whether your injury arose from resource operations; whether a vessel was involved in the accident | LHWCA benefits extended through OCSLA; state law as adopted through OCSLA; negligence claims against non-employers | Longshore Act benefits and claims, offshore platform injuries |
| Mixed assignments (moved between platforms, vessels, and shore) | Hitch-by-hitch history over the relevant period; whether a reassignment changed the nature of the work; who employed you during each assignment | Could fall under any of the above; status often disputed | whether you qualify as a seaman, then the applicable remedy page |
A word about the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. § 1333. It does two different things. It extends LHWCA compensation coverage to certain injuries connected to exploring, developing, and producing resources on the Outer Continental Shelf, and it applies the law of the adjacent state as federal law in some circumstances where federal maritime law does not govern. Courts have addressed both questions—coverage in Pacific Operators Offshore v. Valladolid and the choice-of-law question in Parker Drilling Management Services v. Newton—and the answers depend on the specific facts. OCSLA is not a universal offshore lawsuit statute, and coverage under it is a different question from which law governs a negligence claim.
Finally, do not assume Louisiana law governs because you live in Louisiana or departed from a Louisiana port. Which state is "adjacent" to a given block, whether maritime law applies of its own force, and where a case belongs are separate questions that require analysis of the accident location and the parties.
Find Guidance for Your Rig, Platform, Vessel, or Offshore Job
Rig type, platform type, vessel type, your occupation, and how the accident happened are all starting points for an investigation. None of them decides eligibility or liability on its own, but each points to the records and questions that matter.
Rigs and drillships
Mobile offshore drilling units—drillships, semi-submersibles, and jack-up rigs—are working environments with drilling operations, heavy lifts, pipe handling, and crew transfers all happening around each other. The drilling contractor, the operator holding the lease, and multiple service companies often work the same deck. Detailed guidance is in rig and drillship injuries.
Fixed platforms
Production platforms fixed to the seabed raise different legal questions than mobile rigs, particularly about LHWCA coverage through OCSLA and the role of state law. Platform work also frequently involves contractors who are not employed by the platform owner. See offshore platform injuries.
Liftboats, crew boats, and supply vessels
The vessels that support offshore operations—liftboats, offshore supply vessels, and crew boats—are where many personnel transfers, cargo transfers, and deck operations happen. Injuries on these vessels often involve both the vessel's crew and the passengers or contractors they carry. See offshore vessel injuries.
Your job
Roustabout, roughneck, floorhand, driller, deckhand, galley hand, crane operator, mechanic—your title tells a lawyer where to start asking questions, not what the answer is. What you actually did, where you did it, and who told you to do it are what matter. See offshore worker injury claims.
How it happened
Personnel-basket and swing-rope transfers, lifting and pipe handling, falls on deck or from height, crane and rigging incidents, fires, and explosions each produce their own kinds of evidence and involve their own safety rules. The offshore accident and injury scenarios resource goes into those mechanisms and what records tend to matter.
If your work was on inland tugs, towboats, or barges rather than offshore, start with barge and tugboat injury claims. If you were hurt shoreside at a dock, terminal, or shipyard, start with port, dock, and shipyard injury claims.
The Company Paying You May Not Be the Only Company Involved
Offshore work is layered. The company that issues your paycheck may be a staffing or labor contractor. The company whose logo is on the platform may be the lease operator. The rig may be owned by a drilling contractor. The vessel that brought you out may belong to a boat company under charter to someone else. The crane, the basket, the rigging, or the tool that failed may have been supplied or maintained by yet another company.
This matters because the company that controlled your work may be treated as your employer for legal purposes, and because companies that were not your employer may face a separate negligence claim if their conduct contributed to your injury (33 U.S.C. § 933; 33 U.S.C. § 905(b) for vessel negligence toward covered workers).
But identifying a company is not the same as proving a claim against it. Owning the platform, or simply being on the deck that day, does not make a company liable. A lawyer has to establish what duty that company owed, what it actually did or failed to do, and how that connected to your injury. That is why the early questions in an offshore case are about control:
- Who planned the task and told you to do it?
- Who supplied and maintained the equipment involved?
- Who was operating the crane, the vessel, or the machinery at the time?
- Whose safety procedures, permits, or lift plans governed the job?
- Who conducted the safety meeting and who signed the job safety analysis?
The answers frequently point to more than one company, and they sometimes shift the analysis of who your employer really was. The claims against responsible third parties resource explains the standards that apply to non-employers, with more detail on contractor and premises negligence, maritime product and equipment liability, and how third-party claims work alongside Jones Act and LHWCA remedies.
Medical Care and Income Support Are Different From Final Injury Damages
Short answer: Two different things can be in play after an offshore injury. The first is ongoing support while you recover. For an eligible seaman, that is maintenance and cure under general maritime law: cure pays for medical treatment, and maintenance is a daily living-expense allowance, not a replacement for your wages. For a covered non-seaman, it is LHWCA medical treatment and disability compensation. The second is a damages claim. Damages may overlap with losses the support benefits cover, subject to coordination with what has already been paid, and may also include losses the benefits do not reach at all, such as pain and suffering. A damages claim requires a viable liability theory—negligence, unseaworthiness, or another claim against a responsible party—against a specific defendant. Filing a lawsuit does not produce immediate payment, and no reliable settlement figure follows from the label on your injury.
Maintenance and cure is owed by an employer to a seaman who becomes ill or injured while in the service of the vessel, without regard to fault (Vaughan v. Atkinson; Atlantic Sounding Co. v. Townsend). Rates, choice of doctor, how long the obligation lasts, and disputes over cutoffs are covered in maintenance and cure benefits, cure and medical treatment rights, and denied or terminated maintenance and cure.
LHWCA benefits for covered non-seamen include medical treatment and disability compensation calculated from your average weekly wage, generally paid without proof of fault (33 U.S.C. § 904(b)). These benefits do not include pain and suffering. See Longshore Act benefits and claims.
Damages in a negligence, unseaworthiness, or other liability claim can include medical expenses, lost wages, and lost earning capacity—categories that may overlap with benefits already paid and are coordinated with them—as well as pain, suffering, and loss of enjoyment of life, which the support benefits do not reach. Where future losses are claimed, a lawyer will look at your medical prognosis and the work restrictions your doctors anticipate, since those—not the injury label—shape any assessment of lost earning capacity and future medical needs under the applicable remedy. Which categories are available, and how they are coordinated with benefits already paid, depends on the remedy that applies to you and the defendant involved. A covered LHWCA worker with no third-party claim does not recover pain and suffering; a seaman with a Jones Act claim may. That is why the question "what is my offshore injury worth" cannot be answered from an injury type.
For the fuller discussion of categories, how benefits and damages interact, and what affects value, see offshore injury rights and compensation.
After an Offshore Accident: Get Care, Report Accurately, and Preserve What You Have
Your first obligation is to yourself. Get treatment. Do not delay a medevac, refuse a doctor, or stay in a hazardous area to take photographs. Evidence can be obtained later; a worsened injury cannot be undone.
Beyond that, here is what an injured offshore worker can reasonably do.
Report the incident accurately. Follow your company's reporting procedure and report through the proper channels. Describe what happened, what hurt, and what you felt, without guessing at causes you did not see and without minimizing symptoms because you want to stay on the hitch. If a symptom shows up later, report that too. Accuracy protects you; both exaggeration and understatement cause problems later.
Keep what you already have. You are not expected to build a case file. But if any of the following exists and is already in your possession, keep it:
- the date, time, and location of the incident, including the rig, platform, or vessel name and the block or field if you know it;
- the names of your payroll employer, the company you were working for, and the operator;
- names and contact information for co-workers who saw what happened;
- photographs you took lawfully at the time, if any;
- any incident report, witness statement, or form you were given or signed;
- medical records, discharge papers, and prescriptions from the initial treatment;
- pay stubs, hitch schedules, and offer letters showing your earnings;
- texts, emails, or messages with supervisors or the company about the incident, your treatment, or your return to work.
Understand what a lawyer will seek from others. Much of the important evidence is in the company's hands, not yours: crew lists and personnel-on-board records, your hitch history across assignments, vessel or platform logs, work permits, job safety analyses, lift plans, inspection and maintenance records for the equipment involved, and internal communications about the incident. A lawyer can request that these be preserved and obtain them through the legal process. That is not something you should try to collect yourself.
Be careful with statements and releases. You may have a legitimate obligation to report the incident to your employer, and you should meet it. Recorded statements to insurance representatives, requests to sign documents you do not fully understand, and any offer to settle or release claims are different. Get individualized advice before doing those things. A release signed early, while you are still being treated, can end claims you did not know you had.
The offshore accident and injury scenarios resource explains which records tend to matter for specific accident types, and offshore injury rights and compensation addresses what you may be giving up in a release.
Offshore Injury Claims Do Not Share One Universal Deadline
Short answer: There are at least three different clocks after an offshore injury: reporting the injury to your employer, formally filing a benefits claim, and filing a lawsuit. They are governed by different rules. The limitation period for a personal-injury lawsuit under the Jones Act or general maritime law is set by 46 U.S.C. § 30106. Under the LHWCA, written notice of injury to the employer (33 U.S.C. § 912) and the formal filing of a compensation claim (33 U.S.C. § 913) are separate requirements with separate time limits. Claims governed by state law follow state limitation periods. Some of these clocks are much shorter than others. Reporting the injury to your employer does not, by itself, satisfy every filing requirement. Get a prompt deadline review rather than assuming one period covers everything.
A few points worth knowing now:
- Reporting is not filing. Telling your supervisor about the injury and filling out an incident report are important, but under the LHWCA the written notice of injury and the formal claim are separate requirements with their own time limits, and the notice period is short.
- Different defendants, different clocks. A negligence claim against your employer under the Jones Act, a negligence claim against a third-party contractor, and a claim governed by adjacent-state law through OCSLA may each have a different limitation period. Missing the deadline for one does not necessarily affect another, but you should not count on that.
- The start date can be disputed. Deadlines generally run from when the claim accrues, and for injuries that develop over time or were not immediately apparent, when that happened can itself be an issue.
The accident date, any written notices or claim forms you have received, and the names of the companies involved are the starting point for a lawyer to identify which deadlines may be in play. Pinning them down often requires more: when each claim accrued, whether any exception applies, and which limitation rules govern each defendant. For the detailed rules, see Jones Act deadlines and LHWCA filing deadlines.
Already Receiving Benefits, Blamed for the Accident, or Worried About Your Job?
These are concerns that can make an injured worker hesitate to ask for advice. None of them should.
The company is already paying me. Doesn't that settle what kind of claim I have?
Not by itself. An employer that voluntarily pays maintenance and cure, or whose insurer voluntarily pays LHWCA benefits, has taken a position on how to handle your injury. That position may or may not match your actual legal status, and voluntary payments are different from a formal compensation award or an approved settlement, which can have binding effect. Accepting benefits you are entitled to is not a waiver. That said, benefits and later recoveries do interact: under the LHWCA, an employer or insurer that paid compensation generally has rights against a third-party recovery, and settling a third-party claim without the employer's written approval can affect your entitlement to further compensation (33 U.S.C. § 933). That is a reason to get advice before you settle anything, not a reason to avoid advice. See third-party claims alongside Jones Act and LHWCA remedies.
The company says the accident was my fault.
Sometimes there is a report you signed that seems to agree. Under the Jones Act and general maritime law, a seaman's own negligence usually reduces recovery in proportion to fault rather than eliminating it (45 U.S.C. § 53, made applicable to seamen by 46 U.S.C. § 30104). LHWCA benefits are generally paid without regard to fault (33 U.S.C. § 904(b)). Whether the company's version is accurate, and whether the task was set up so that the "unsafe act" was the only way to do the job, are questions for investigation, not something to concede on a form.
I have a prior injury in the same area.
A prior condition does not automatically bar a claim, but it does change what has to be reviewed. How a prior condition is treated depends on which remedy applies to you, and the answer has to be worked out from your own records: what your medical history showed before the accident, what it shows after, and what specifically changed—new symptoms, new findings, new restrictions, or a change in what you can do at work. Expect the company to look closely at that history, and expect your lawyer to need it too. Be straightforward about prior injuries with your doctors and your lawyer, and be accurate about what you disclosed when you were hired and treated.
I'm afraid of being fired or blacklisted.
This is a real concern in a small industry, and you deserve a candid answer rather than a promise. Some legal frameworks include protections against retaliation for reporting injuries or pursuing claims, but whether a particular protection applies and what it covers depends on your status and the facts, and no lawyer can guarantee your job or your future hiring. What a lawyer can do is tell you what protections exist in your situation, help you document what is said and done, and explain the realistic trade-offs so you make the decision with your eyes open. For the broader discussion of rights, see offshore injury rights and compensation.
Seeking an Offshore Injury Lawyer From New Orleans, Port Fourchon, or Elsewhere
Where you live and where you crewed up—Port Fourchon, Venice, Cameron, Morgan City, Galveston, or elsewhere—tell a lawyer something about the operators and vessels involved, but they do not determine which law governs your claim or where a case must be filed. Where the accident happened, what you were working on, and who the parties are drive those questions.
What proximity does affect is practical access to your lawyer. The Young Firm is based in New Orleans, in the middle of the Gulf Coast offshore workforce and the ports that serve it. If you are recovering from surgery, cannot drive, or live several hours away, say so when you contact the firm. Confirm specifics about meetings, travel, and document exchange directly with the firm rather than assuming them from this page.
For the firm's broader background and the full range of maritime matters it handles, see the homepage.
What to Expect From an Offshore Injury Case Review
An initial review with a maritime lawyer should be a fact-gathering conversation, not a legal exam you can fail. Expect to be asked about your work history over the past few years, the accident itself, your treatment and restrictions so far, what the company has said, paid, or asked you to sign, and the accident date and any notices you have received. You do not need to know whether the rig was a "vessel" or whether you are a "seaman" to have this conversation. You do not need complete records to have it either.
Before hiring any lawyer for an offshore case—this firm included—ask direct questions and expect direct answers: whether they have handled claims involving your type of work setting, which attorney will handle your matter and who you will talk to when you call, how they will investigate, how fees and litigation expenses are handled and what happens to expenses if the case does not succeed, and how settlement decisions are made.
Get the fee and expense terms in writing before you agree to representation. Contacting the firm or having an initial conversation does not by itself create an attorney-client relationship or mean the firm has agreed to take your case. Any agreement to represent you, and the terms of that engagement, should be confirmed with the firm directly and in writing. Information about the firm's attorneys and practice is on the homepage.
If Your Family Lost Someone in an Offshore Accident
If you are here because a family member died in an offshore accident, the injured-worker guidance above is not what you need. Fatal offshore accidents are governed by a separate set of laws that determine who may bring a claim, what losses are recoverable, and which statute applies depending on where and how the death occurred. Which relatives may recover is not the same under every framework, and it is not something you should have to work out before asking for help.
You can seek guidance without knowing which maritime death law applies. Start with help after a fatal offshore accident, or see the broader maritime wrongful death claims resource.
Legal Review and Sources for This Offshore Injury Guidance
This page is general information about offshore injury claims for workers in the Gulf. It is not legal advice, and it cannot determine whether any particular worker has a claim. Eligibility under each framework discussed—seaman status under the Jones Act, coverage under the Longshore and Harbor Workers' Compensation Act (LHWCA), extension of coverage or choice of law under the Outer Continental Shelf Lands Act (OCSLA), and liability of any non-employer—depends on facts that only an individualized review can establish.
The authorities referenced on this page are listed below so that each statement can be checked against its source:
Statutes
- Jones Act, 46 U.S.C. § 30104 — negligence remedy for qualifying seamen against their employer, incorporating the railway-employee remedies of the Federal Employers' Liability Act.
- 45 U.S.C. § 53 — comparative negligence rule (recovery reduced, not barred, by the worker's own fault), applied to seamen through the Jones Act.
- 46 U.S.C. § 30106 — limitation period for maritime personal injury and death actions.
- Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 904(b) — compensation payable irrespective of fault.
- 33 U.S.C. § 905 — employer exclusivity (§ 905(a)) and vessel negligence claims (§ 905(b)).
- 33 U.S.C. § 912 and § 913 — notice of injury and claim-filing requirements.
- 33 U.S.C. § 933 — third-party claims, employer and carrier rights against recoveries, and settlement approval.
- Outer Continental Shelf Lands Act, 43 U.S.C. § 1333 — extension of LHWCA coverage and application of adjacent-state law.
Decisions referenced
- Pacific Operators Offshore, LLP v. Valladolid (U.S. 2012) — standard for OCSLA-extended LHWCA coverage.
- Parker Drilling Management Services, Ltd. v. Newton (U.S. 2019) — when adjacent-state law applies under OCSLA.
- Vaughan v. Atkinson (U.S. 1962) and Atlantic Sounding Co. v. Townsend (U.S. 2009) — the general maritime law duty of maintenance and cure and the consequences of failing to pay it.
- Seaman-status and vessel-status standards derive from Chandris, Inc. v. Latsis, Harbor Tug & Barge Co. v. Papai, Stewart v. Dutra Construction Co., Lozman v. City of Riviera Beach, and Sanchez v. Smart Fabricators of Texas (5th Cir. en banc 2021); detailed treatment is on whether you qualify as a seaman.
Agency guidance
- U.S. Department of Labor, Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation — general guidance on benefits, notice, and claim filing.
Statements about maintenance and cure and comparative fault are tied to the authorities listed above. The application of any of these principles to a particular worker depends on the facts and the remedy involved. Statements about how offshore work is organized and what an investigation looks for reflect the general practice of maritime injury litigation and are not descriptions of any particular case. Nothing on this page reports a result, credential, or fee term; those should be confirmed directly with the firm.
Tell The Young Firm Where You Worked and What Happened
You do not need a complete case to start. When you contact the firm, include:
- your name and the best way to reach you;
- the date of the accident;
- your employer, and the company you were working for if different;
- the name of the rig, platform, or vessel, if you know it;
- one or two sentences about what happened and what is most urgent right now—treatment you cannot get, pay that has stopped, a statement or release you have been asked to sign, or a deadline notice you received.
You do not need to send medical records, Social Security numbers, or identity documents with an initial inquiry; those can be requested later if they are needed. Unknown details—the operator's name, the exact block, your hitch percentages—are normal and should not stop you from reaching out.
Contacting the firm does not by itself create an attorney-client relationship or commit the firm to representation. Whether the firm takes your case, and on what consultation and fee terms, is something to confirm with the firm directly. If you cannot travel to New Orleans, or need to communicate through a family member because of your injury, say so in your message.

