Off-shore work in the maritime industry can be some of the most dangerous work there is. From seafaring vessels to oil rigs that drill for oil and gas, off-shore maritime work environments pose unique risks to their workers. Andrew off-shore accident lawyers know that these workers face these risks head-on just doing their job each day.
If you or a loved one have been involved in an off-shore accident, the off-shore accident lawyers at Laborde Earles can help.
Common Types of Off-shore Accidents & Injuries
Off-shore accidents can be life-changing, and the sad reality is that most of them are caused by human error and preventable, negligent actions.
Slips and Falls
Crew members should ideally navigate around vessels and structures with proper restraints and protective gear. However, sudden shifts in the sea can cause workers to lose their balance and fall, causing serious injuries. Head injuries, concussions, and broken bones are common consequences of off-shore slip and fall incidents.
Oil Platform Injuries
The off-shore oil and gas platform can be a harsh work environment. A gas or oil leak can create serious explosions and fire with hazardous consequences to the worker. In other instances, a crane holding workers could malfunction, causing falls that lead to crushing or even drowning.
Equipment Failures
Every workplace knows this risk, but a single equipment collapse can be hazardous off-shore. When machines fail at sea, they can injure limbs and cause burns or electric shock. Since emergency care can be a long way away, off-shore injuries at sea can pose a mortal threat. You may need to get back to land as quickly as possible to receive adequate medical care.
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What Kind of Compensation Can I Pursue?
All workers have rights, and maritime workers have the privilege of specific laws that can help them recover damages. “Recoverable damages” refers to financial compensation that the worker can use to recover from the painful aftermath of an off-shore accident.
Loss of Earnings
Wage workers often get paid by the hour, and when they get injured, they might find it hard to take care of their families. In worst-case scenarios, employees can be hospitalized after an accident, which can lead to a serious loss of earnings. Suing for compensation can make it possible for a victim to recover these losses. When maritime injuries cause disabilities, compensation can also cover any loss of future earnings.
Medical Treatment and Rehabilitation
The costs of medical care can be astronomical, and even when insurance offers coverage, deductibles are still paid out of pocket. An Andrew off-shore accident attorney can help you seek compensation for the medical costs incurred after the accident. As a patient, you should keep track of all medical expenditures to make it easy to prove the amount you had to spend on healthcare.
Pain & Suffering
Some off-shore accidents leave patients with physical scars, impairment, and emotional damage. Under certain circumstances, you can sue your employer for the pain and suffering you’ve endured from your injuries. In injury lawsuits, pain and suffering is often non-economic damage of great value. Your off-shore accident lawyer can make a legal claim to seek compensation for the pain and suffering you’ve gone through.
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The Jones Act
The Jones Act is a federal law that gives seamen the right to sue their employers for personal injury damages. The law has various benefits for seamen since it ensures that they can pursue compensation when injured at work. A seaman is someone who works on a navigable vessel and spends at least 30% of their time aboard the ship.
Under the Jones Act, you should file your lawsuit within three years of the date of your off-shore accident. (An exception to the statute of limitations is injuries that develop later as a result of the accident. In this case, you have up to three years from the time your injuries surfaced.) You must also report the injury to your employer within seven days. If you miss these deadlines, you could give up your right to pursue any compensation at all.
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The Longshore and Harbor Workers’ Compensation Act
Another group of off-shore workers includes individuals in vessel construction, shipbuilding, harbors, docks, and oil rigs. Since these workers are not covered under the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA) gives them their own right to seek compensation after an off-shore accident.
Some benefits that can be covered by the LHWCA include:
Temporary Partial & Temporary Total Disability
Under the LHWCA, these are disabilities that make it hard for a worker to meet their work obligations before full recovery. Since their capabilities are limited, this coverage ensures they receive a percentage of their average wages until they can work again.
Permanent Partial & Permanent Total Disability
Off-shore accidents can be catastrophic and cause extensive disfigurement that the worker has to live with permanently. Examples can include the loss of limbs or eyesight. As your attorney negotiates compensation, they can consider the impact of the disability on your current and future life to determine financial amounts.
The statute of limitations for filing under The Longshore and Harbor Workers’ Compensation Act is one year from the date of the accident or the date injuries from that accident surface. An accident report must also be made to your employer within 30 days. If you file within these deadlines, it gives all parties ample time to evaluate their options.
An off-shore accident attorney from our firm can help you meet these deadlines by preparing all the necessary documentation and submitting it in a timely manner.
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Call Laborde Earles Injury Lawyers Today
If you or a loved one has been injured in an off-shore accident, our Laborde Earles attorneys in Andrew can help. Maritime law is complex and ever-changing, and taking on an entire injury claim by yourself can be a monumental task. Let our off-shore accident lawyers handle your case so you can rest and focus on recovering from your injuries.
In addition, we operate on a contingency basis here at Laborde Earles Injury Lawyers. This means that you don’t have to worry about paying any legal fees upfront. If we win and you obtain a settlement, we’ll take our expenses out of a percentage of the total settlement package. Call us today to arrange a free consultation.
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