Between bad weather and rough seas, off-shore accidents in the maritime industry can almost feel inevitable. It’s the nature of working on the water. The risk of personal injury is a risk seamen face every day simply doing their jobs. Many of these maritime workers live right here in Baton Rouge.
That’s why seamen have rights that allow them to pursue compensation for damages that happen at work. You should know about these rights. If you’re a seaman and have sustained a work-related injury in an off-shore accident, a Baton Rouge seaman injury lawyer can help.
Common Causes of Seaman Injuries in Baton Rouge
Here are some of the most common causes of injuries to seamen we see in Louisiana:
1. Trips, Slips, and Falls
The floors of a vessel are often wet and slippery, either from water or dripping grease that ends up on the deck. Either way, it poses a safety hazard for passengers and maritime workers onboard.
A trip and fall accident can likely cause severe fractures, back and spine injuries, or even head trauma, including concussions and traumatic brain injury.
2. Toxic Chemicals
Toxic chemicals or corrosive materials in a confined space can be dangerous to anyone onboard a sea vessel. This is because corrosive substances present a hazard to the eyes, skin, or lungs by direct contact, whether touched or inhaled.
3. Moving Objects
Maritime jobs involve heavy equipment that is constantly moving. For instance, loading and unloading goods and materials from cargo ships often involve using cranes and forklifts. If vessel owners fail to adequately maintain the equipment and it malfunctions, it could cause serious accidents and injuries including broken or crushed bones.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Is the Jones Act?
This federal law allows seamen to sue their employers or any other liable party for negligence if they get injured on the job.
What Is Considered Negligence Under the Jones Act?
The Jones Act requires the employer or vessel owner to maintain safe working conditions on the vessel that the seamen work on. Failure to do this can be considered negligence by the employer, and if it causes injury, the employer could be held responsible. Under the Jones Act unsafe conditions for working can include:
- Grease or oil on the deck
- Broken or malfunctioning equipment
- Improperly maintained equipment
- Improper training of crewmembers
- Assault by a co-worker
- Co-worker’s carelessness
- Lack of safety gear or protocols
The Jones Act Burden of Proof
Compared to standard negligence cases, the Jones Act burden of proof is relatively low. You only have to prove that the other party’s negligence played a part in your injuries. Your Baton Rouge seaman injury lawyer can help you with evidence and answer any questions you may have.
Damages Under the Jones Act
At Laborde Earles Injury Lawyers, our seaman injury attorneys can help you recover compensation for many different types of damages. Some of which include:
- Lost earnings
- Past and future medical expenses
- Pain and suffering
- Mental and physical anguish
- Trauma
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDo I Qualify as a Seaman?
To pursue a Jones Act claim, the following conditions must be met:
The Vessel Must Be in Navigation
The sea vessel has to have some form of navigation on traversable waterways. It doesn’t necessarily mean that it has to be moving at the time of injury. It could be at the dock.
The Vessel Must Be Operable in Navigable Water
The seaman must be in a vessel operable in navigable waters. Navigable waters include a river, lake, or sea.
You Must Contribute to the Vessel’s Work
A seaman can’t be merely a passenger. To get compensation for damages that happened onboard, you need to prove that you had duties on the vessel that were significant for its operation.
You Must Spend a Significant Time on Board
To qualify as a seaman, you must spend 30 percent of your time onboard the vessel. Your seaman injury lawyer can tell you more, determine which law you qualify for and which legal path is right for you.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientThe Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law covering maritime workers who wouldn’t be covered under the Jones Act. Some of the employees eligible for the LHWCA include:
- Longshoremen
- Shipbuilders
- Ship repairers
- Shipbreakers
- Dockworkers
Benefits Available Under the LHWCA
Under the LHWCA, if you suffer a work-related injury, you’re entitled to pursue compensation in the form of many different damages. If your injuries are so severe that you cannot return to work, your Baton Rouge seaman injury lawyer can help you pursue rehabilitation benefits. The LHWCA also provides the following types of monetary benefits:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCan I Afford a Seaman Injury Lawyer in Baton Rouge?
At Laborde Earles Injury Lawyers, our attorneys know how traumatic an off-shore injury can be for seamen. Unexpected medical bills can be daunting, especially if you’ve had to take time off of work to recover. The financial strain can be overwhelming.
This is one of the reasons our seaman injury lawyers in Baton Rouge work on a contingency basis. This means you won’t pay anything upfront, beginning with your free consultation. Only if we win and you receive compensation, your lawyer will take his or her fees from a percentage of your total settlement package. If we lose, you don’t owe us anything.
Call Laborde Earles Injury Lawyers Today
At Laborde Earles Injury Lawyers, we’re proud to serve the Baton Rouge area. Let our seaman injury attorneys handle the hard work of your case so you can rest and recover properly in the comfort of your own home. Your lawyer can represent you in negotiations and keep you updated on your case. Call us today to schedule your free consultation.
