Maritime workers who are injured on the job face a different legal landscape than workers covered by standard state workers’ compensation systems. The Jones Act provides a distinct set of remedies for qualifying seamen, and the damages available go significantly beyond what a typical workers’ comp claim would cover. For injured maritime workers in the Metairie area and throughout Louisiana, understanding what compensation is actually available is the first step toward pursuing a fair recovery.
Kiefer & Kiefer handles maritime injury claims throughout Louisiana and is familiar with the full scope of remedies available under federal maritime law.
Maintenance and Cure: The Baseline Obligation
Before a Jones Act negligence claim is even resolved, an injured seaman is entitled to maintenance and cure from their employer. This is not a damages award. It is a separate obligation that arises automatically when a seaman is injured in the service of a vessel.
Maintenance covers a daily living allowance to help pay for housing and basic expenses during recovery. Cure covers the cost of medical treatment until the seaman reaches maximum medical improvement. These payments are owed regardless of fault, and an employer who wrongfully withholds them can face additional penalties.
Jones Act Negligence Damages
A Metairie Jones Act lawyer can help injured maritime workers pursue the full range of available compensation. When a seaman brings a negligence claim under the Jones Act and succeeds, the recoverable damages are broad:
- Past and future medical expenses, including surgery, hospitalization, rehabilitation, and ongoing care needs
- Lost wages for the period the seaman was unable to work due to the injury
- Lost future earning capacity when the injury permanently reduces the seaman’s ability to work in their field or at the same level
- Pain and suffering, both physical and emotional, past and future
- Mental anguish and the psychological impact of the injury on the seaman’s life
Unlike workers’ compensation, which caps benefits and excludes pain and suffering entirely, a successful Jones Act claim can account for the full human cost of the injury.
Unseaworthiness Damages
Many Jones Act claims are brought alongside a separate unseaworthiness claim. If the vessel owner failed to maintain the ship in a reasonably safe condition, the seaman may recover the same categories of damages under this theory without needing to prove negligence in the traditional sense.
Wrongful Death Under the Jones Act
When a maritime worker is killed on the job, surviving family members may bring a Jones Act wrongful death claim. Recoverable damages include loss of financial support, loss of services, funeral expenses, and loss of companionship under applicable federal maritime law.
If you were injured while working on a vessel in Louisiana waters, a Metairie Jones Act lawyer can evaluate which claims apply to your situation and what a full recovery might look like given the facts of your case.
