Maritime injury claims are not handled the same way as other personal injury claims are because different laws apply to sea workers than land workers.
Maritime workers defined by these laws as a ‘seaman’ will file different claims than those who do not meet this definition.
An Alexandria seaman injury lawyer with our firm can help you understand these laws and explain how to seek compensation for your injuries. Call Laborde Earles Injury Lawyers now at (318) 777-7777 to get started.
Your Legal Options After a Maritime Injury
A seaman or other maritime worker may recover compensation through either:
- The Longshore Harbor and Workers’ Compensation Act (LHWCA)
- The Jones Act
- A personal injury claim or lawsuit
Both Acts were developed to protect the rights of maritime workers, among other aims, according to the U.S. Department of Transportation: Maritime Administration.
They can provide compensation for workers’ benefits and/or workplace injuries caused due to negligence. An experienced workers’ compensation lawyer in Alexandria can help you understand your rights and recover the money you deserve.
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Seeking Workers’ Compensation Benefits
General workers’ compensation benefits do not apply to maritime workers.
Instead, the LHWCA and Jones Act ensure that seamen and longshore or harbor workers can claim workers’ compensation benefits.
Both of these Acts are handled by the Office of Workers’ Compensation Programs (OWCP) through the U.S. Department of Labor (DOL).
The difference in benefits is simply due to a difference in how federal law handles claims for land workers versus maritime employees.
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Filing an Injury Claim
These Acts also apply if you need to seek compensation by filing a claim against a negligent employer or liable third party involved in the maritime accident.
In this way, they work much like personal injury claims—you file a claim against the person responsible for your injuries, and if they are found liable, they must pay you damages for things like medical costs and lost wages.
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What to Know About Seaman Injury Cases
If you are unfamiliar with the process of filing a seaman injury claim, here is what you need to know before filing:
Jones Act Claims
If you spend most of your time working aboard a vessel that is in operation and on navigable waters, and you contribute to the vessel, you are considered a ‘seaman.’
Seamen who are injured will file claims under the Jones Act, which helps protect the rights of crew members, captains, and other maritime workers who work at sea.
The Jones Act only covers maritime employees who meet this specific definition, according to the Division of Longshore and Harbor Workers’ Compensation (DLHWC).
Longshore and Harbor Workers’ Compensation Act Claims
In contrast, the Longshore Harbor and Workers’ Compensation Act (LHWCA) helps protect the rights of those who do not spend the majority of their time aboard the vessel while it is in open waters, such as:
- Longshore workers
- Harbor workers
- Any other maritime workers who work on, repair, load, or help build the vessel
If you are ready to file a seaman injury claim but are not sure whether you will be filing under the Jones Act or LHWCA, consider working with an Alexandria seaman injury lawyer from our firm for help.
Call Laborde Earles Injury Lawyers at (318) 777-7777 for a free consultation for your claim.
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Recoverable Damages for a Maritime Injury
The types of damages you may be able to pursue will depend on your unique circumstances. Consider all the ways the maritime accident has impacted your life.
Many of these ways will be considered damages, for which you can receive compensation meant to make up for the impairment to your life.
Some of the most common damages cited in seaman injury claims may include the following:
Lost Income
Missing time at sea means a gap in your pay, and this can wreak havoc on your life. Workers’ compensation benefits help bridge the financial gap while you are in recovery and should be paid by the liable party.
Medical Costs
One of the greatest expenses you may face from a workplace injury is the cost of medical expenses during initial treatment and recovery.
Damages can help pay for these costs, from short-term treatment to long-term care, if you suffer a disability or permanent damage.
Wrongful Death Compensation
Should you be filing on behalf of a deceased family member who lost their life in a maritime accident, you may be able to seek damages for their wrongful death. This compensation may cover:
- Funeral expenses
- Burial costs
- Lost wages and benefits
- Pain and suffering
Wrongful death claims may be filed by a seaman’s close family members, including a spouse, parents, children, or other household dependents.
Pain and Suffering
Pain and suffering damages are awarded to people who suffer serious injuries that lead to effects on mental or emotional health, such as developing depression or anxiety.
Benefits of Working with a Lawyer from our Firm
When you file your injury claim or lawsuit, you can work with a lawyer from our firm. The ways they can help you while they handle your case include:
Help with Navigating the Law
Laws can be daunting to the average person, and filing a claim on your own can require time, effort, knowledge, and experience that you may lack, especially while in recovery.
A seaman injury lawyer with our firm can help you understand the laws as they apply to your case, your legal rights, and more.
Having Someone to Manage Communications
A large part of any personal injury claim includes communicating with the other party’s lawyer, insurance companies, and more. Our lawyers can relieve you of this burden, helping to ensure you do not jeopardize your claim.
Representing You in a Trial
Having a lawyer with our firm can help file the appropriate lawsuit, protect your rights, and represent you in a trial.
Contact Laborde Earles Injury Lawyers for Help After a Seaman Injury
Learn how an Alexandria seaman injury lawyer with Laborde Earles Injury Lawyers can help you pursue compensation for your injuries.
Our reputation precedes us, with multiple multi-million and six-figure verdicts, including those for maritime and seaman injuries.
Contact us today at (318) 777-7777 to discuss your claim.
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