Inland Towing Is Not the Same as Blue-Water Shipping
The lower Mississippi supports one of the largest inland towing industries in the world, and towboat and barge crews raise Jones Act questions that differ from those on ocean-going vessels. Crew members on towboats are generally seamen, which opens negligence and unseaworthiness claims against the employer along with maintenance and cure. Barge work introduces recurring injury patterns: falls between barges and into the tow, wire and rigging failures during face-up and building tow, slips on iced or oiled decks, and injuries during locking operations. Fleeting and shipyard workers on the same river may fall under the Longshore Act instead, and the line between the two is frequently disputed.
Offshore and the Outer Continental Shelf
Gulf offshore work staged out of Louisiana covers drilling and production platforms, liftboats, jack-ups, supply and crew boats and diving operations. The legal framework depends on the structure and the worker's role. Crew of a vessel fall under the Jones Act. Workers on fixed platforms on the outer continental shelf generally fall under the Outer Continental Shelf Lands Act, which routes claims through the Longshore Act and can borrow adjacent state law for some issues. Personnel transfer by basket or swing rope, helicopter transport, and drilling floor operations account for a large share of serious offshore injuries.
The Evidence Employers Control
Maritime employers begin building their file immediately. Vessel and engine logs, crew statements taken within hours, safety meeting and job safety analysis (JSA) records, maintenance and inspection history, and company incident investigations are all generated fast and are all in the employer's hands. Injured workers are frequently asked to give recorded statements and to sign documents while still on medication. Nothing requires you to do either before getting advice, and a written preservation demand for logs and maintenance records is standard early work.
Where These Claims Are Heard
Jones Act and general maritime claims are federal and are commonly filed in federal district court. Longshore Act claims are administered through the U.S. Department of Labor and heard by administrative law judges rather than by a local court. Because the forums are federal rather than parish or state, maritime experience matters considerably more than office location. Templer & Hirsch is based in Aventura, Florida and handles these claims for Gulf Coast workers nationwide.
New Orleans Maritime & Offshore Injury: What to Do
- Report the injury in writing and keep a copy of the accident report
- Note the vessel name, the owner, the operator and who employed you
- Decline to give a recorded statement or sign a release before getting advice
- Get the names of every crew member who witnessed the incident
- Ask that vessel logs, maintenance records and JSAs be preserved
New Orleans Maritime & Offshore Injury: Common Questions
- I work on a towboat on the Mississippi. Am I covered by the Jones Act?
- Usually yes. Crew members of towboats and other vessels in navigation generally qualify as seamen, which allows a negligence claim against the employer, an unseaworthiness claim against the vessel, and maintenance and cure regardless of fault. Fleeting, shipyard and dock workers on the same river more often fall under the Longshore Act instead, and that boundary is frequently contested.
- What is an unseaworthiness claim?
- It is a claim separate from Jones Act negligence, brought against the vessel owner, alleging the vessel or its equipment, crew or procedures were not reasonably fit for their intended purpose. It does not require proof of negligence and can cover defective gear, inadequate manning or unsafe methods. Seamen frequently have both claims arising from a single incident.
- The company doctor says I have reached maximum medical improvement. Is that final?
- No. An employer-selected physician declaring maximum medical improvement is commonly the moment maintenance and cure payments stop, but it is a medical opinion, not a legal conclusion. You are generally entitled to your own choice of physician for cure, and a contrary opinion can restore benefits. This determination is disputed routinely.
- How long do I have to file a maritime claim?
- Jones Act claims generally run three years under 46 U.S.C. § 30106. Longshore Act claims impose far shorter administrative deadlines, generally thirty days to notify the employer and one year to file a claim. Because the applicable framework is not always obvious, the deadline should be confirmed early rather than assumed.