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When to Pursue a Jones Act Case

If a maritime employee can prove their employer’s negligence caused their accident, they can seek to hold them accountable under the Jones Act. Under the Jones Act, an injured worker does not have to prove how their employer was negligent. They must only prove their employer’s actions were a factor in causing their injury.

Examples of maritime employer negligence are:

  • Failing to provide a hazard-free work environment, such as keeping ship decks free of spilled liquids like oil or grease
    Failing to train employees on how to use tools and equipment properly
  • Not keeping machinery maintained or up to date
  • Failing to establish or enforce worker safety policies
  • Requiring employees to work longer-than-normal shifts or not giving them proper work breaks

If you are injured on the job, you should get prompt medical attention. All injuries are worth a doctor’s examination, no matter how minor they appear. Getting emergency care can also document your injuries and the fact that you sought help right away, which could strengthen your case.

Filing a Jones Act Claim can be intimidating, but our maritime accident lawyers in our New Orleans office can guide you through it. We will explain your rights and responsibilities under the law and help you fill out the proper claim forms, ensuring you report your injury promptly.

How a New Orleans Maritime Lawyer on Our Team Can Help Your Case

The experienced team at Laborde Earles can manage your maritime injury case from start to finish. We take care of our clients, anticipating their needs during a challenging time. We can examine your evidence, collect additional evidence if needed, and value your damages so you know what your case is worth. We can also communicate with all parties in your case and represent you in all proceedings, making it easier for you to focus on your recovery.

In sum, our duties in your case may include:

  • Investigation: Our team will take all steps necessary to gather evidence, obtain witness accounts, and put together a comprehensive case. Because of our proximity to New Orleans, we are positioned to do everything your investigation requires. We may even hire experts to reconstruct your maritime accident.
  • Communications: Our firm will handle as much of your case-related communications as we are allowed to. Whether we are dealing with insurance companies, other attorneys, witnesses, or defendants in your case, we’ll do the talking (and listening).
  • Administrative Duties: Maritime injury claims can require a significant amount of paperwork. When dealing with the Jones Act and other statutes related to maritime injuries, the paperwork burden may be unusually great. Our New Orleans maritime attorneys, paralegals, and other staff are ready to handle administrative duties for you.
  • Negotiations: Negotiation marks a pivotal stage in any personal injury case, and our firm will prepare exhaustively for it. When settlement talks begin, we won’t back down until we receive a fair offer. Going to trial is an option we always consider, so we are able to stand firm during settlement talks.
  • Trial: If your case requires a trial, this will be our responsibility. Trials are not always necessary, but we have secured substantial judgments for our clients. If we need to take your case to the courtroom, we will be prepared.

Client Success is Our Goal

Our firm has two primary goals: protecting your rights and securing a fair financial recovery. As we handle your case, we also want to ensure that your mind is at ease. Our team works to achieve client satisfaction by:

  • Responding quickly to all inquiries: When you call or email us, you deserve a prompt response. If you don’t reach us immediately, a team member will get back to you as quickly as possible.
  • Helping with case-related appointments: We may be in a position to help you get medical treatment or other case-related services. If we can help you, we will.
  • Listening: While it sounds simple, listening to the client is not guaranteed with many law firms. Our team will take the time to listen and understand what you’re going through. If you have any requests for us, we will do our best to accommodate them.
  • Providing regular case updates: No client should have to repeatedly contact their law firm to find out about their case’s progress. Our firm is proactive with every client, reaching out when there is a significant change in your case’s status.
  • Doing everything we can to win for you: Client service includes results. We will serve you by lending you every resource and doing everything in our power to win your case. As a maritime worker, you have certain rights. We’ll pursue a just outcome if your rights have been violated and you’re suffering as a result.

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How the Jones Act Protects Maritime Workers

The Merchant Marine Act of 1920 (46 U.S.C. § 30104 ), also known as the Jones Act, is a federal law that applies to eligible maritime employees. It allows them to file a personal injury lawsuit against their employers.

The legislation applies to crew members who work aboard or around vessels and those whose work on navigable waters. The Jones Act offers injured offshore workers an opportunity to receive maintenance and cure benefits from their employer if they are hurt in an offshore accident.

Maintenance covers an injured seaman’s daily living expenses, while cure pertains to injury-related medical costs. Our maritime injury attorneys in New Orleans can explain concepts like these in detail as they relate to your case.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) May Apply to Your Case

If you’re unsure whether you’re covered under the Jones Act, we encourage you to call our legal team today so we can review your options with you. You may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law provides benefits, including healthcare and rehabilitation services, to workers injured on navigable U.S. waters or in areas related to those waters. This includes employees who load or unload vessels and work on building or repairing them. The LHWCA also pays survivor benefits to dependents if a work injury causes or plays a role in an employee’s death. If you qualify for LHWCA benefits, we can advise you on that option.

Understanding Maritime Injuries

Workers in the maritime industry face unique risks due to the demanding nature of their jobs and hazardous working conditions. Common offshore injuries include:

  • Falls overboard
  • Crush injuries from heavy equipment
  • Exposure to toxic substances
  • Injuries caused by poor vessel maintenance

These injuries can have long-term consequences, making compensation vital for covering medical care, lost income, and other damages.

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Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working ...

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working with. Her attention to detail is unmatched.
She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
Beyond her incredible skill set, Bridgette is also kind, reliable, and a true team player. She communicates clearly, stays organized under pressure, and goes above and beyond to make sure clients and attorneys alike feel supported.
You can tell she genuinely cares about her work and the people she helps.
If you're lucky enough to have Bridgette as your paralegal, you're in the best possible hands. Five stars isn't enough for someone this exceptional!

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Brittany Johnson

Alexandria

They have good to keep me updated on the case but so far the settlement has not been reached.

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Lisa S.

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other thing...

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

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Lafayette

Courtney Marsh has a positive attitude and great attention to detail in her work!

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Rhonda C.

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

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Courtnie Heltz

New Orleans

Michelle Brouillette is always so pleasant whenever I call or stop by the office. She always has a smile on her face.

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Christine G.

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the...

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the entire process. He was always patient, knowledgeable, and quick to respond to any questions I had. What stood out most was how genuinely he cared. He made sure I understood every step and always made me feel supported and informed.

Wesley’s professionalism and compassion truly set him apart. He made a stressful situation so much easier, and I’m incredibly grateful for all of his hard work. I highly recommend Wesley and the entire Laborde Earles team. They really do put their clients first.

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Lafayette

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you fo...

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you for all your hard work to all the people working on our case.

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Sandi W.

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

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Lafayette

Over 1,700 5-Star Reviews

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Damages You May Collect Following a Maritime Accident

If you can sue your employer for damages suffered in your accident, you could recover compensation for:

  • Medical expenses for past, ongoing, and future treatment
  • Lost or reduced wages from time missed at work
  • Loss of potential future wages
  • Vocational rehabilitation
  • Pain and suffering
  • Loss of life enjoyment
  • Wrongful death damages
  • Other accident-related expenses

You may qualify for damages not listed here. Consider speaking with one of our attorneys for more specific guidance. A lawyer with our firm can review the details of your accident to determine if you should seek payment for your injuries.

Federal laws regarding maritime coverage eligibility and other matters can be challenging for a layperson. This is why working with an experienced attorney who understands the complexities of maritime law could benefit you.

The Statute of Limitations for Maritime Injury Cases

If you are considering pursuing compensation for a maritime accident, it is best to act as soon as possible.

You generally have three years from the date of the injury to sue under the Jones Act, as per 46 U.S.C. § 30106. Additionally, in most cases, you have two years from the accident or injury date to file an LHWCA claim, per U.S.C. 33 § 913. Missing these deadlines can bar you from seeking compensation for your injuries. Your lawyer will need time to build a case for your compensation, fill out all essential paperwork, and give your case the attention it deserves. Don’t wait to get legal help.

Case Results & Recoveries Our team shows up for you and results follow—every time.

Catastrophic Injuries $42
Million

For a burn victim in plant explosion

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Wrongful Death $23 Million

For the family of a mother who died

Insurance Bad Faith $17 Million

For patients who were overbilled

Insurance Bad Faith $11.8
Million

Largest hurricane claim verdict in LA

Insurance Bad Faith $10.4
Million

Loss of revenue

Maritime Injury $8 Million

Maritime worker injured offshore

Car Accident $5.25 Million

Auto accident resulting in brain injury

Thousands of Louisianans have trusted us and won.

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Workers Under The Jones Act

The Jones Act provides crucial protections for seamen who are injured while working due to their employer’s negligence. To file a claim under the Jones Act, you must qualify as a “seaman” under the law. This classification typically applies to individuals who spend a significant portion of their working time aboard a vessel in navigation. Here are the types of seamen who may qualify for Jones Act claims:

Crew Members on Ships and Boats

This includes individuals who actively work on vessels such as:

  • Cargo ships
  • Fishing boats
  • Tankers
  • Research vessels

Crew members perform essential duties related to the operation, maintenance, or navigation of the vessel.

Offshore Oil and Gas Workers

Workers aboard offshore rigs, oil platforms, or vessels involved in exploration, drilling, or production may qualify as seamen under the Jones Act if the rig or platform is classified as a “vessel.”

Workers on Tugboats and Barges

Seamen working on tugboats, towboats, and barges are protected under the Jones Act, as these are considered vessels in navigation.

Ferry and Cruise Ship Workers

Employees aboard ferries or cruise ships, such as deckhands, engineers, and hospitality staff, may qualify for Jones Act protections if their primary role contributes to the vessel’s mission.

Commercial Fishermen and Shrimpers

Workers on commercial fishing boats often qualify as seamen under the Jones Act, provided they work aboard navigable vessels.

Harbor Pilots and Deckhands

Harbor pilots and deckhands who guide or assist vessels in navigation are typically considered seamen under the Jones Act, as their work directly supports the vessel’s operations.

How Do You Qualify as a Seaman?

To pursue a Jones Act claim, you must meet these general criteria:

  1. Connection to a Vessel: You must work on a vessel that is afloat, in navigation, and capable of moving on water.
  2. Significant Time Aboard the Vessel: A substantial portion of your duties—typically 30% or more—must be performed on the vessel.
  3. Contribution to the Vessel’s Mission: Your work must directly support the vessel’s purpose or operations.

If you’re unsure whether you qualify as a seaman under the Jones Act, consulting an experienced maritime injury lawyer can help clarify your rights and legal options.

Our Lawyers Have Recovered More Than $1 Billion for Our Clients

With more than 350 years of combined legal experience, we strive to protect all injury victims in New Orleans and elsewhere in Louisiana. Our past results attest to our successful track record. For example:

  • We secured a $23 million judgment for a woman’s wrongful death.
  • Our trial lawyers got a $17 million verdict for clients whose healthcare provider overbilled them.
  • We won $7 million for a truck driver’s injuries.
  • Our firm secured $5.5 million for an injured maritime employee.
  • We will treat your case with the same care and attention as these successful cases.
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We Can Get to Work for You on a No-Win, No-Fee Basis

When you call our firm, you will receive a free, no-obligation consultation right away. Unless and until your case ends with a settlement or court award, you will not pay us anything:

  • Hourly
  • Upfront
  • Out of your pocket

We understand the financial burden you’re carrying right now, and we don’t want to add to it. You must save your money so you can rest easy while we take care of everything else.

Our Legal Team We fight for our own.

Meet Our Team

Digger Earles

Founding Partner

Hunter, fisherman, and aggressive trial attorney, most recently securing a historic $5 million bad faith excess verdict.

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Top 10 Trucking Trial Lawyers
Acadiana Profile Top Lawyer
Top 100 National Trial Lawyers

David Laborde

Founding Partner

In addition to owning a ranch and hunting on the weekends, David is recognized as a top trial lawyer in Louisiana, most recently winning a $7.2 million settlement.

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Top 100 Trial Lawyers
Acadiana Profile Top Lawyer
Multi–Million Dollar Advocates Forum

Alexis Davis

Attorney

Personal injury attorney at Laborde Earles, Alexis combines award-winning legal writing with diligent advocacy, focusing on protecting clients’ interests throughout Louisiana.

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Best Case Note
Law Review award winner

Aaron Bergeron

Attorney

Personal injury attorney Aaron Bergeron brings a client-first approach shaped by courtroom and judicial experience.

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Law Clerk, 27th Judicial District Court
Graduated cum laude, Southern University Law Center

Ben Alexander

Attorney

Litigation attorney Ben leverages years of experience defending catastrophic, maritime, and insurance cases, including those involving the Deepwater Horizon incident.

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Deepwater Horizon MDL
Rising Star 2013–2018
Top 100 honoree

Cade Melancon

Attorney

Cade brings judicial and court experience, as well as catastrophic injury litigation skills developed from pre-suit preparation through trial support and appeals.

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Federal court internship
District staff attorney

Carolina De La Pena Rogers

Attorney

Carolina represents motor-vehicle crash victims, applying nationwide immigration litigation experience with a proactive strategy, clear communication, and client-focused guidance.

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Spanish speaker
Immigration courts admitted
Louisiana Association for Justice

Daniel Snellings

Attorney

With more than 30 years in complex litigation, Daniel represents injured victims in auto, maritime, product liability, toxic tort, and class matters.

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Martindale-Hubbell rated
Best Maritime Attorneys 2022
NITA skills certificate

David Charles Laborde Jr.

Attorney

DC handles diverse injury matters, using prior insurance-defense and entertainment-law experience to anticipate tactics, strengthen claims, and guide clients through every step.

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Former defense attorney
Louisiana Bar admitted
Tulane football letterman
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Derek B. Hebert

Attorney

Personal injury attorney Derek Hebert takes a proactive, detail-driven approach, building cases early to apply pressure and pursue strong results.

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Full-Tuition Merit Scholarship Recipient
Certificate in Civil Law Studies

Frances Gossen O'Neal

Attorney

Fran is an experienced litigator with strong research roots, clerkship experience, and broad court admissions, providing thoughtful, steady representation for injured clients.

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23rd JDC clerkships 
LSU Law J.D.

Jeanne Laborde

Attorney

Personal injury attorney Jeanne has spent decades guiding clients through treatment, billing, and insurance issues with diligence, clarity, and compassion.

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Bilingual English/Spanish
20+ years serving clients

Jennifer Coussan

Attorney

Lafayette native Jennifer brings sharp judicial perspective from federal and appellate clerkships, strengthening litigation strategy, motion practice, and outcomes for clients.

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Federal law clerk
Third Circuit attorney

Jonathan Chatwin

Attorney

Jonathan focuses on workers’ compensation and personal injury, combining accounting training and Army service with practical, disciplined advocacy for Louisiana clients daily.

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U.S. Army veteran
Fifth Circuit admitted

Kade Stutes

Attorney

Storm claim attorney Kade serves Acadiana homeowners with local roots, judicial-clerkship experience, and a steady, responsive approach to complex insurance disputes.

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27th JDC judicial clerk
Society VP
Louisiana Bar 2023

Kelby Rasmussen

Attorney

Kelby practices personal injury law, drawing on courtroom insight from district-judge clerkships, to provide clear answers and steady guidance to clients following serious accidents.

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36th JDC law clerk
LAJ member

Kristen Broussard Guidry

Attorney

 Kristen brings more than 25 years of experience and deep insurance-defense insight, now using industry knowledge to zealously advocate for injury clients.

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Top 15% LSU
Outstanding Young Lawyer
Past YLA President

Mary Cryar

Attorney

Mary turns two decades of insurance and injury defense experience into advocacy for people facing serious injuries or denied insurance claims today.

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NITA instructor
Taught LSU trial advocacy
Multi-state bar admissions

Nicholas R. Rockforte

Attorney

Nicholas represents clients in injury, complex litigation, and class actions, bringing a first-in-class mindset and underdog focus to every case for clients.

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Top 40 Under 40
Levee counsel

Paul Laborde

Attorney

Personal injury attorney Paul Laborde brings a thorough, disciplined approach shaped by strong legal training and a deep respect for the profession.

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LSU Law Graduate
Judicial & Legislative Experience 

Robert (“Rob”) Marionneaux Jr

Attorney

Trial lawyer Rob focuses on catastrophic injury and wrongful death, delivering proven courtroom results while supporting families through life-changing tragedies today.

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$20.6M verdict
Million Dollar Advocates
Hall of Fame inductee

Ryan Saunders

Attorney

Ryan brings first-responder experience and trial-driven precision to complex matters, dedicated to helping clients who need a prepared, strategic advocate always today.

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First responder 10+ years
Felony defense
Patent bar passed

Scott Higgins

Attorney

Scott is a seasoned injury litigator handling wrongful death, maritime, and complex multi-party cases, valuing client relationships as much as results always.

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AV Preeminent rated
Licensed in Louisiana/Texas

Shawn Bordelon

Attorney

Shawn is a personal injury litigator with defense-side insight, representing clients through trial and appeals, including matters that reach the Louisiana Supreme Court level.

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Former defense counsel
Louisiana Supreme Court experience

Victor Rushing

Attorney

Victor is a pre-litigation attorney who guides injured clients through early case strategy, providing clear communication and responsive, detail-oriented representation.

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Western District admitted
Knights of Columbus

Wesley Elmer

Attorney

Wesley evaluates claims from both sides, helping clients understand strengths and risks while pursuing fair outcomes in personal injury matters statewide fully.

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Dual-perspective counsel
Fifth Circuit admitted
Former parish bar president

Will Casanova

Attorney

Will devotes his practice to Louisiana workers’ compensation, providing injured workers with steady, informed guidance to navigate benefits, treatment, and claims.

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Past Acadia Bar President
Southern graduate
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Amit Gulati

Attorney

Attorney Amit Gulati brings courtroom-tested advocacy and a trial-first mindset to personal injury and criminal defense cases.

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Former Orleans Public Defenders Attorney
Extensive Felony Trial Experience

Contact Our New Orleans Maritime Injury Attorneys for a Free Consultation

The sooner you hire an attorney from the team at Laborde Earles, the sooner our maritime injury lawyers in New Orleans can start working for you. Give us a call today to review your case and start planning your legal strategy. You pay no attorney fees unless we win.

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