The maritime industry employs more than 400,000 men and women in the U.S. These men and women face higher-than-usual risks of injuries, fatalities, and illnesses than many other industries. Occupational Safety and Health Administration (OSHA) research cites the following as commonly occurring maritime hazards that might lead to injuries:
- Fire hazards
- Cargo shifts
- Slick surfaces
- Unmade repairs
- Faulty equipment
- Machinery hazards
- Scrapping of vessels
- Construction hazards
- Dangerous chemicals
- Confinement in tight spaces
If you work in the maritime industry and were injured, an Alexandria maritime injury lawyer from Laborde Earles Injury Lawyers may help you identify the at-fault party, prove that their negligence led to your accident, and establish your right to financial compensation. When you are ready to explore your recovery options, the client intake team at Laborde Earles Injury Lawyers can give you a free consultation.
Compensation for Maritime Injuries May Cover Your Current and Future Damages
Injuries sustained in maritime accidents can be compensable. However, maritime laws—not personal injury laws—govern maritime-related injury cases. As part of your compensation case, you may recoup the following expenses and losses:
- Medical and rehabilitation expenses
- Income loss throughout your recovery
- Lasting physical impairments
- Physical pain and suffering
- Mental and emotional suffering
Your case is unique, so you may be entitled to additional compensation not included here. When we handle your lawsuit, we will take time to ensure your case is accurately valued and that you pursue the recovery you may be entitled to due to negligence.
The Death on the High Seas Act Allows Surviving Families to Recover Damages
If your loved one died while working on a vessel within three nautical miles of a U.S. shore, the Death on the High Seas Act entitles surviving spouses, children, parents, or dependent relatives to compensation to cover damages. The seaman’s employer may be held liable for damages, and whether your loved one held partial negligence in the fatal accident does not bar you from recovery.
Not all damages are covered through maritime-related wrongful death actions, such as loss of companionship or emotional trauma. However, you may qualify to receive compensation for:
- Pain and suffering if the decedent suffered physical trauma or fell unconscious before passing away
- Costs for funeral arrangements
- Loss of consortium
- Loss of income and other financial support from the decedent, including benefits
- Loss of parental guidance and nurturing for surviving children
A lawyer from our team can review your case to determine whether your loved one’s death qualifies for wrongful death under maritime law. We can also look into other legal options should other liable parties exist in your case.
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A Maritime Injury Lawyer Can Provide Valuable Advice and Services to Your Case
Are you pursuing your employer for financial recovery after suffering an on-the-job injury? If so, your compensation lawsuit might benefit from the assistance of a maritime injury lawyer. When our team represents you, we can help you:
- Understand and interpret maritime law
- Understand and interpret the Jones Act
- Accurately value your recoverable damages
- Handle insurance forms and communications
- Locate and interview accident witnesses
You do not have to navigate the financial recovery process on your own. When you leave these details to us, you have time to focus on your physical recovery. We focus on recovering the monetary compensation you are entitled to collect due to neglect.
What Kind of Advice Can a Maritime Lawyer in Alexandria, Louisiana, Offer?
If you are unfamiliar with maritime law, our attorneys may serve as your guide to navigating the litigation process. If you decide to work with our team, we can provide legal counsel on:
- Whether you have grounds to file for compensation under the Jones Act or Death on the High Seas Act
- Whether you should pursue a maritime lawsuit if your employer’s insurer begins using tactics to stall negotiations
- Whether you have grounds to sue a third party under personal injury law, which may allow you to pursue additional damages you wouldn’t qualify for under maritime law
- Whether you should accept a settlement offer based on the value of your damages, which we will calculate to give you an understanding of what you’re entitled to receive
The case assessment team at Laborde Earles Injury Lawyers can offer you guidance and direction and explain how an Alexandria maritime injury lawyer can help you with your case.
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Types of Maritime Industry Careers That May Put Workers at Risk of Injury
Maritime workers do not qualify for federal or state workers’ compensation. However, the Jones Act gives them the right to sue for personal injuries. Under this law, a worker must qualify as a “seaman” to recover compensation for injuries. This does not mean that they must serve in the United States Navy to qualify, but they must work in a field that involves working on navigable waters.
The maritime industry involves a wide range of career possibilities, including:
- Commercial divers
- Commercial fishermen
- Processing plant employees
- Shipyard workers
- Transportation employees
If you or a loved one works in any of these maritime-related careers, you may qualify to recover compensation from your employer for your injuries and damages.
Types of Maritime Accidents
Maritime laws control the shipping business and its variables. Governed by maritime law, the following types of accidents and injuries might mean you are eligible for financial compensation from your employer:
- Barge accidents
- Deckhand injury
- Dockworker accidents
- Seaman injuries
- Shipyard accidents
Maritime workers might incur dangers in their line of work. When employee injuries result from negligence, they might be compensable via a lawsuit or insurance claim.
Types of Maritime Injuries
Workers in the maritime industry face dangers that could frequently place them at risk, including slippery floors and decks, loose and shifting cargo, and equipment-related dangers. Commonly reported accidents may include:
- Falls over railings or from equipment that might lead to accidental drownings
- Slip, trip, and fall accidents that could cause fractures, bone breaks, or head injuries
- Confinement or becoming trapped, which could lead to crushing injuries
- Electrical or chemical burns that could damage one’s skin or nerves
A member of our team can give you a free consultation if you have suffered one or more of these injuries. You might be eligible for financial compensation to support yourself and your family while recovering from your injuries.
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Proving Fault and Assigning Liability Involve Establishing Four Key Elements
According to the Centers for Disease Control and Prevention (CDC), worker safety is increased when equipment and vessels undergo regular maintenance and upkeep, chemicals are safely stored, and environmental hazards are controlled and managed.
As in all personal injury-based compensation lawsuits, your case will require proving the at-fault party’s negligence. To do so, we may prove the at-fault party’s duty of care to you, how they breached that duty, how the breach caused the accident, and what damages you suffered as a result.
Duty of Care
Your maritime workplace owes you a standard of care that can be provided with simple maintenance and attention to detail. That includes ensuring that indoor and outdoor floors are well maintained, and that equipment undergoes routine care and maintenance. It also means ensuring that workers are well-trained and provided with all necessary safety equipment.
Breach of Duty
If any of the above-mentioned conditions are not met, or your safety during your employment is compromised in any other fashion, you and your fellow workers might be at risk of injury. If that happens, your employer may be considered in breach of their duty to provide you with a standard of care.
Cause of Injuries
If your employer or the owner of the vessel where you work was negligent, and their negligence caused your injuries, they may bear financial responsibility for your damages. We may use your medical records and bills to prove the cause and cost of your injuries.
Financial Damages
If the at-fault party’s action led to your injuries, they may be responsible for your financial damages. Our team may help prove their negligence, value your injuries, and negotiate with the at-fault party.
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Plaintiffs Have a Time Limit for Filing Maritime Lawsuits
Like personal injury cases, maritime lawsuits also must comply with a deadline set by the statute of limitations, found in 46 U.S. Code § 30106. Per this statute, plaintiffs generally have up to three years from the date of the maritime accident to file their lawsuit. This statutory deadline also applies to wrongful death cases involving maritime accidents, though the filing period may start on the date of the victim’s death.
If you do not submit your lawsuit within its statutory filing period, you may be barred from pursuing compensation through the federal court system. These cases can take time to build and involve complex factors, like foreign parties, so you should act as soon as possible to ensure you do not miss your case’s deadline.
Put an Alexandria Maritime Injury Lawyer to Work for You
Were you or someone you love injured in a maritime accident? A maritime injury lawyer from our team can work to assess the monetary value of your lawsuit, prove the negligence that led to your injuries, and negotiate for a favorable settlement on your behalf.
Learn more about how a lawyer from our firm could help you identify and seek recovery from the at-fault party. Contact the maritime accident team at Laborde Earles Injury Lawyers today by calling (318) 777-7777.
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