The maritime industry is one of the most hazardous there is, and its workers take on unique risks simply by doing their jobs. Maritime accidents often lead to injuries, disabilities, or even death. Common ship and boat accidents can lead to all sorts of danger, including broken bones and concussions from slips and falls, impact injuries from falling cargo, severe burns from boat fires or chemical spills, and much more.
If you’ve been injured in a maritime accident, you could face medical bills and loss of income for months or years. Maritime accidents can be life-changing experiences. A maritime injury lawyer from our firm can help you seek compensation.
Why Hire an Andrew Maritime Injury Lawyer?
If you’re a maritime injury victim, it’s essential to know and protect your rights. A lawyer could help you answer all the pressing questions you may have. As legal professionals, they understand maritime law and know how to go about the claim process. Consider contacting a maritime injury lawyer if you’ve been injured while working in the maritime industry. If you’re unsure who was at fault, a lawyer who understands maritime law can help determine liability. A lawyer can guide you through the process and ensure all deadlines are met. Furthermore, there’s no cost to hire most maritime injury lawyers. Our law firm works on a contingency fee basis, meaning we get paid only if we win your case. Lawyers can also help you with your maritime injury case by:
- Providing legal advice
- Reviewing and negotiating settlements
- Representing you in court, if necessary
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The Jones Act
The Jones Act is a federal law set by the Merchant Marine Act of 1920, and it applies to anyone officially considered a seaman, including deckhands, commercial fishers, charter boat operators, ferry operators, or tugboat operators. You must be a crewmember onboard a navigable vessel, contributing to the work of the ship and spending at least 30% of your time onboard.
To file a claim under the Jones Act, you must prove that your employer was negligent in some way that resulted in your accident. These forms of dangerous negligence could include:
- An employer who fails to provide a safe place to work
- An owner who fails to provide a seaworthy vessel
- An employer who fails to provide proper training
- An employer who fails to provide safety equipment
- An employer who requires employees to work long hours
- An employer who requires employees to work in bad weather conditions
- An employer who fails to provide adequate maintenance of the vessel
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides the opportunity to seek compensation for maritime workers who sustain injuries while working. It covers any maritime worker who isn’t considered a seaman, including dock workers, harbor construction workers, ship repair workers, stevedores, shipbuilders, and shipbreakers injured on navigable waters or adjacent areas, sometimes used for shipbuilding, and loading or unloading cargo.
The LHWCA helps injured workers not covered under the Jones Act or other maritime laws to seek compensation for medical bills, lost income, and disability benefits.
When a Longshore worker suffers an injury that falls under the LHWCA, the worker can pursue disability payments from their employer until they return to work, as well as compensation for medical appointments, medication, physical therapy, and other associated medical costs.
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Filing a Notice of Claim
The first step to making a claim is submitting a notice to your employer that you were injured on the job. This is required under the law, and if you fail to do this, you won’t be eligible to seek financial assistance. The notice must contain certain information about your injury, including:
- The date and time that the accident occurred
- All parties involved in the accident
- The location of the accident
- The cause of the accident
Under the LHWCA, You must give this information to your employer within 30 days of the incident or after discovering injuries sustained due to an accident or other incident at work. If you cannot submit this notice yourself, an attorney or guardian may provide notice on your behalf.
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Recoverable Damages
Under maritime law, injured seamen or offshore workers can file a claim for damages against their employer if the accident was caused by the company’s negligence or another employee. If a loved one has died as a direct result of a maritime accident while working, their family may also seek death benefits. In any case, recoverable damages can depend on several factors, as explained below:
Economic Damages
Economic damages are those that can be calculated with an exact monetary value, and they can include:
- Medical expenses, including hospitalization, doctor visits, medications, physical therapy, rehabilitative care, prosthetics, or assistive devices
- Lost wages
- Loss of earning capacity
Non-Economic Damages
Non-economic damages are typically more challenging to calculate because they involve losses with no specific monetary value. However, in maritime accident cases, juries can sometimes award non-economic damages for:
- Pain and suffering
- Loss of consortium (companionship)
- Loss of care or support
Contact Us Today for Legal Assistance
If you were recently in a Maritime accident in Andrew, consult Laborde Earles Injury Lawyers for legal assistance. We require no upfront fees or costs to get started on your case. You don’t pay legal fees unless we obtain your settlement. Contact us today at (337) 777-7777 for a free case review and more information.
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