Maritime accidents, whether offshore or onshore, are different from land accidents. Because of this, they have a different set of rules to follow in case of a maritime injury.
A Broussard maritime injury lawyer can help you understand the maritime laws pertaining to your case. An injury can fight for you, ensure your rights are adhered to, and help you seek compensation for your injuries. Before looking at what else a maritime injury lawyer can do for you, let’s look at the laws protecting maritime workers.
Laws Protecting Maritime Employees
Maritime workers, like any other workers, need compensation for any accidents, illnesses, or injuries they may get while on the job. Since their circumstances are vastly different from land workers, the following rules may help protect them in case of a marine accident:
The Jones Act
The Jones Act is a federal law that gives a seaman (a crewmember who works onboard a navigable vessel and spends 30% of their time onboard) the right to sue their employer for their injuries if they get hurt at work. The injured worker can sue for negligence and seek compensation covering physical pain, scarring, physical limitations, medical costs, and loss of ability to earn income. Seamen have three years from the date of the injury to file.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) enables employees who were injured when working on the water or in water-adjacent areas doing vessel-related activities to file for compensation. This means it could apply to dock workers, shipbuilders, or even shipping terminal employees. The employees need to meet certain requirements to qualify for the compensation.
These requirements make them eligible for medical treatment, rehabilitation efforts, transportation, and temporary or permanent disability. The act also gives surviving family members or injured workers the ability to seek death benefits. To file your injury claim under the LHWCA, you must do so within one year of your injury and must report your injury to your employer within 30 days.
Outer Continental Shelf Lands Act
This act was essentially created to extend the benefits of the LHWCA to maritime workers who work on the outer continental shelf, perhaps on an oil rig. Like the LHWCA, the Outer Continental Shelf Lands Act allows maritime workers to get compensation for physical pain and limitations, current and future medical costs, loss of earning capacity, and lost wages. This compensation covers the losses they encounter while on the Outer Continental Shelf, including an oil rig explosion or an oil spill.
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Recoverable Damages
The damages you can file for under maritime law depend on your injuries and their impact on your life. There are different damages for different claims. A Broussard maritime injury lawyer can help you determine which damages apply to your case.
Some of the common damages you can claim under maritime law include:
Medical Bills
You can seek compensation for the medical treatments directly related to your injuries, as maritime law and the Jones Act dictate. The settlement can cover emergency hospital visits, psychological and physical therapy, injury-related surgeries, and more.
If you have long-term or lifelong injuries, the law allows you to file for extended medical expenses. This can apply if the injury you have causes paralysis, permanent damage, or any other impact that requires long-term treatment. A Broussard maritime lawyer can help you calculate the total cost and assist you in pursuing the damages.
Lost Income
Lost income refers to the amount of money you would be earning if you had not been injured. The damages you may receive would cover your wages while unable to work during treatment.
Lasting damage from your injuries could also cause you to lose earning capacity. The law protects you by allowing you to sue your employer for the wages you lost and those you will lose since you can no longer work.
Pain and Suffering
These damages apply to cases where the injured party suffers severely due to an accident on the job. The damages can cover any emotional, mental, or physical pain and anguish the worker goes through because of the injuries.
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How a Broussard Maritime Injury Lawyer Can Help
A Broussard maritime injury lawyer understands the ins and outs of maritime injury law and the damages they can include. Some of the ways a maritime lawyer can help you include:
Calculating your Damages
An injury lawyer can take into account your injuries and how you got them. They can use this to calculate a monetary figure for your injuries. A lawyer from our firm can discuss with you what damages you can file for and how you can go about getting them.
Collecting Evidence
To seek full compensation, you may need to prove negligence or a breach of duty of care by your employers. Your lawyer can look for all the necessary evidence and present it with the details of your case.
Giving Legal Advice
Many maritime workers may not be fully aware of their legal options. A Broussard maritime injury lawyer can help you understand maritime law. They can put their legal knowledge at your disposal, showing you all the legal options available to you and the best path to take.
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Choose Laborde Earles Injury Lawyers for Your Maritime Injury Case
Laborde Earles has lawyers serving Broussard who can help you with your maritime injury case. We can guide you safely through the complicated legal process. Let our maritime injury lawyers handle the work of your claim so you can focus on healing and recovery. Call us at (337) 777-7777 to get a free consultation about your case today.
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