While working in the maritime industry can be thrilling and often pays well, it can also be very dangerous. Off-shore accidents can happen when they’re least expected and can range from minor to devastating. These events can be life-changing for those involved, especially when an injury is sustained.
If you or someone you love has been involved in an off-shore accident at work, a Carencro off-shore accident lawyer can help. A maritime injury lawyer from our firm could help you pursue compensation and guide you through the legal process.
How a Carencro Off-shore Accident Lawyer Can Help
Off-shore accidents and injuries are common. You can seek compensation for your injuries in the form of lost wages, medical bills, pain and suffering, and more. Maritime law is complex and can be difficult to understand at the best of times. Taking on an entire legal case alone can overwhelming, especially when you’re recovering from injuries. A Carencro off-shore accident lawyer can help you in many ways, including:
- Understanding your rights and how to protect them
- Determining which legal path is right for you and offering counsel throughout the process
- Investigating your case to pinpoint the responsible party
- Negotiating with the insurance company and your employer’s legal team
- Preparing your case for trial if it cannot be settled out of court
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Filing a Claim Under the Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, protects seamen and other maritime employees from unsafe workplace conditions. This federal law also allows injured workers who are hurt on the job to pursue compensation by suing their employer (or other at-fault parties) directly.
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Who does the Jones Act Protect?
The Jones Act covers “seamen” who work on navigable vessels. These workers are eligible to file a lawsuit under this act if they are injured through onboard negligence (this could be the negligence of your employer, the shipowner, or even a coworker). To qualify as a seaman under the Jones Act, you must:
- Spend at least 30% of your time on board the vessel
- Contribute to the operation of the boat or its mission
- Be working under an employer who owns, leases, or operates your vessel
The Jones Act is a complex piece of legislation that has evolved over time. An off-shore accident lawyer serving the Carencro area can explain anything about it you find confusing.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides compensation to maritime workers injured or disabled on the job. The LHWCA protects these workers by requiring their employers to pay for their medical expenses and lost wages. The LHWCA covers most maritime workers who aren’t considered seamen and wouldn’t qualify to file under the Jones Act. The LHWCA and its related acts apply to the following types of maritime workers:
- Longshore workers, including stevedores, ship repairers, shipbuilders, and harbor construction workers
- Non-seafaring employees injured while working on a fixed platform in navigable waters, like stationary oil rigs
- Shipyard employees
- Harbor workers engaged in building, tearing down, or repairing ships
- Maritime workers who load and offload ship cargo
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When to File Your Off-Shore Accident Claim
Being involved in an off-shore accident can be a stressful or even traumatic experience. Many victims don’t know what to do and have many questions about their rights and how to move forward. An attorney serving the Carencro area can help you navigate your case and seek compensation, but there are strict deadlines for filing.
Under the Jones Act, you must file your lawsuit within three years of the date of the injury, and the accident must be reported to your employer within seven days. Under the LHWCA, you must file your injury claim within one year of the accident, and the accident must be reported to your employer within 30 days.
Recoverable Damages in an Off-Shore Accident
The injuries and damages sustained in an off-shore accident can be devastating. Injuries on oil rigs, vessels, or other off-shore platforms can leave victims with lifelong disabilities. However, those who have been injured in an off-shore accident may not know what types of compensation they can pursue. The following are some kinds of compensation that you may be able to recover, depending on your situation:
- Medical Costs: If you are injured while working at sea, seek medical treatment immediately. Your lawyer could help you seek compensation for all related medical costs, including hospitalization, surgery, nursing care, prosthetics, ambulance services, or prescription medications.
- Lost Wages: If your injuries prevent you from returning to work, either temporarily or permanently, you can seek compensation for lost wages and lost earning capacity. Lost wages are earnings you’ve missed because of your injuries. Lost earning capacity refers to when your injuries are so severe you cannot return to the same job.
- Pain and Suffering: In addition to medical care costs and lost wages, you may be entitled to compensation for non-economic damages, such as pain and suffering that you’ve endured due to your injury.
- Loss of Consortium: If your loved one was killed or seriously injured in an off-shore accident, you might be eligible to receive compensation for loss of companionship.
- Wrongful Death: If your loved one dies due to the reckless actions of another person or their employer, you can file a wrongful death lawsuit against the at-fault party. This money could cover lost wages or even funeral costs. A Carencro off-shore accident lawyer can explain further and guide you through the legal process at this difficult time.
Call Laborde Earles Injury Lawyers Today
If you’re a maritime worker who has been hurt in an off-shore accident, we can help. At Laborde Earles Injury Lawyers, we work on a contingency basis, which means you don’t have to worry about paying any upfront costs or fees.
Our Carencro off-shore accident lawyers can advise you on the various legal options and handle your entire claim from start to finish. Contact us today to schedule a free case review and get started on your claim.
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