Maritime law can significantly impact a work injury claim regarding subrogation rights in terms of benefits. Generally, historically, people working offshore are higher wage earners in Louisiana, Texas, and anywhere on the gulf. So, if you’re a typical laborer on land, the statutory maximum for workers’ compensation benefits, weekly benefits are significantly lower than under a federal claim like the Longshore and Harbor Workers Compensation Act.
In Louisiana right now, it’s around $705 a week, that’s the maximum you can get in state compensation benefits, and under Long Shore and Harbor Workers Compensation Act, it’s approximately double that in the range of above $1,500, in fact, more like $1,600 per week. In terms of medical benefits, they’re similar. The employer or the employer’s longshore carrier would have an obligation to pay those benefits. It looks and acts a little bit like a state comp claim, but the benefits are significantly higher. Many Louisiana lawyers don’t do Longshore and Harbor Workers Compensation Act work because they can’t automatically take a percentage of a person’s indemnity benefits. That has to be approved, and there are specific requirements that have to be met before a lawyer can be paid a fee in a Longshore and Harbor Workers Compensation case.
So, many lawyers choose not to practice in that area. But, still, it’s critical to be able to understand that area of the law to be able to coordinate the benefits that an individual may have coming to them in terms of all of the areas of the law, whether it be general maritime law, Jones Act law, Longshore Harbor Workers Compensation Act or State Comp Act or Death on the High Seas Act.