If you are a seaman or other maritime worker with injuries sustained after a work-related accident, you could be entitled to financial compensation. A Cankton seaman injury lawyer can help.
The Jones Act
To qualify for compensation under the Jones Act after sustaining injuries at work, you have to first qualify as a seaman according to a few special requirements. To assess whether your case qualifies for compensation under the Jones Act, federal courts will consider the following factors:
- Vessel Assignment: To qualify as a seaman, you must be assigned to work in a vessel that operates in navigable waters. A court determines what qualifies as navigable waters depending on the water body’s location and connection to other waterways. An oil rig or drilling platform can count as a Jones Act vessel as long as it has some form of onboard navigation.
- Vessel Contribution: To qualify for compensation under the Jones Act, you must contribute to the vessel’s function, operation, or overall success.
- Time Spent on the Vessel: You must spend at least 30 percent of your working time onboard the vessel.
A Cankton seaman injury can determine whether you qualify for a lawsuit under the Jones Act and can guide your next steps.
Liability Under the Jones Act
Many seaman injuries are a result of the employer’s negligence. If you and your Cankton seaman injury lawyer can prove that your injuries are a result of your employer’s negligence, then they may be held liable for your injuries.
Some examples of an employer’s negligence under the Jones Act include failing to provide a safe work environment and failing to ensure proper maintenance of the vessel, thus endangering the lives of seamen by creating unsafe working conditions. Some more examples of poor maintenance and other types of negligence where an employer can be held liable for your injuries include:
- An oily, greasy, or otherwise slippery deck that can cause a slip and fall accident
- Failing to replace broken equipment or necessary machine parts
- Failing to provide seamen with essential tools or protective gear for their work
- Failing to train seamen on proper handling and operation of the vessel, its parts, and all of its equipment
- Failing to provide safety standards and training on safety protocols
Maintenance and Cure
Maritime law requires employers to pay what’s known as maintenance and cure to all injured employees. This provides medical care and benefits covering basic room and board expenses without needing to prove liability for the accident as long as it was work-related. However, maintenance and cure may not be enough compensation if an accident results in severe injuries or permanent disability.
In addition to maintenance and cure payments, your Cankton seaman injury lawyer can help you pursue even more compensation, including lost wages, loss of future earnings (if your injuries make it impossible for you to work again), vocational rehabilitation (if you can’t return to the same type of work), pain and suffering, mental anguish, and more. Your lawyer can help you seek compensation for every damage you qualify for.
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.
ClientHow Can a Cankton Seaman Injury Lawyer Help?
Even though you have a right to pursue compensation alone, it is critical to understand the intricate fundamentals of maritime law, which can be complex at the best of times. When you’re suffering, in pain, and under stress, it can be hard to focus on details and easy to make mistakes.
Your Cankton seaman injury lawyer can handle all of the work of your case so you can heal at home, spend time with your family, and focus on rest and recovery. Your lawyer can do a lot for your case, including:
Compiling Proof of Negligence
A seaman injury lawyer in the Cankton area can analyze your accident and medical reports to gather liability evidence. Solid evidence is critical to creating a compelling case for compensation.
Negotiating With Your Employer’s Attorneys and Insurance Company
Having a seaman injury lawyer represent you in negotiations with your employer’s legal team and the insurance company discourages them from exploiting your inexperience or offering compensation that’s lower than you deserve.
Representing You in Court
If an appropriate settlement can’t be reached and your case proceeds to court, your seaman injury lawyer can fight to pursue your compensation, representing you every step of the way.
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 | ClientCan I Afford a Seaman Injury Lawyer in Cankton?
At Laborde Earles Injury Lawyers, we know that every dollar is important. After a bad injury, all you want is to recover, yet still be in a position where your loved ones can financially depend on you.
This is just one of the reasons our Cankton seaman injury lawyers work on a contingency basis. This means if we win and you receive compensation, your lawyer will simply take his or her legal fees out of a percentage of your total settlement package. If we lose, you don’t owe us anything. No hidden fees. No surprise charges.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientCall Laborde Earles Injury Lawyers Today
Being a seaman in the maritime industry is no easy task. It takes hard work, dedication, and perseverance. At Laborde Earles Injury Lawyers, we proudly serve the seamen and maritime workers of the Cankton area and their families. If you suffer an injury while working onboard a ship (or in any maritime environment) our seaman injury lawyers can help. Contact us today to schedule your free consultation.
