While the maritime industry provides a large economic advantage in Louisiana, it can be very dangerous to the seamen who make their living this way. Every day they face the possibility of off-shore accidents and personal injury simply by doing their jobs.
A Laborde Earles Injury Lawyers, we’re proud to serve the seamen and maritime workers of Catahoula. If you or a loved one has been involved in an off-shore accident, our Catahoula seamen injury lawyers can help. Our attorneys can handle your entire injury claim while you focus on rest and healing.
Common Causes of Off-Shore Accidents
Seamen face many different hazards when they go to sea. Some of the causes of off-shore accidents can include negligence on the part of an employer or coworker, defective or malfunctioning equipment, dangerous weather conditions (including high winds and heavy rain), slippery decks or platforms, inadequate safety measures, and lack of safety signage.
A seaman injury can be defined as any physical or mental injury a seafarer suffers while at sea. It could be anything from a broken bone to a spinal cord injury. When you are injured at sea, it’s important to obtain professional medical care as soon as possible.
Negligence is one of the most common causes of maritime and seaman injury. In maritime law, vessel owners and employers must provide a safe work environment and seaworthy vessels. If the work environment is found to be unsafe, this can count as negligence. If this negligence results in someone’s injury, the employer or vessel owner can be found liable.
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The Jones Act
In Louisiana, if seamen are injured at work, they can pursue compensation through the Jones Act. The Jones Act allows seamen to bring a lawsuit to their employers when negligent actions (or inaction) have caused an injury. To qualify under this act, the injured person must:
- Work on a navigable vessel
- Be injured while working
- Prove the injuries were caused by the negligence of his employer, the vessel owner, or a coworker
- Be a citizen of the United States or a resident alien
- Contribute to the overall purpose of the vessel
- Spend at least 30 percent of their time onboard
Your Catahoula seaman injury lawyer can determine which federal law applies to your situation and guide you on your next steps.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers injured maritime workers who don’t qualify for the Jones Act. The LHWCA provides coverage for workers injured while performing work on ships, vessels, or structures used in navigation. These include dockers, harbor workers, stevedores, shipbuilders, ship repairers, and those who load and unload cargo.
There are several types of damages your lawyer can help you pursue under the LHWCA. These include:
- Medical benefits – including hospitalization, surgery, medication, rehabilitation, physical therapy, and other necessary services.
- Disability Benefits – Under the LHWCA, an injured worker may be eligible for partial or total disability benefits. Partial disability refers to cases where the worker cannot perform some of the essential functions of his job. In contrast, total disability means that the worker can no longer do any work.
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How Can a Catahoula Seaman Injury Lawyer Help?
Maritime law is complex and can be difficult to understand at the best of times. Taking on an entire injury case alone can be overwhelming, especially when you’re injured and in pain. Our attorneys have extensive experience handling these kinds of cases and can do the work of the case while you rest and focus on recovery.
Your lawyer can review your case thoroughly and determine the at-fault party. Your lawyer can negotiate directly with the insurance company and your employer’s legal team so you don’t have to.
These are just a few ways that a Catahoula seaman injury attorney can help you:
Identifying Recoverable Damages
Here are some typical economic damages your lawyer could pursue for you:
- Medical expenses, including hospital bills, labs and x-rays, MRIs and other tests, in-home care, physical therapy, mental health care, and ambulance costs
- Loss of income
- Reduction of earning potential
In addition to those damages, you may be entitled to recover non-economic losses like:
- Pain and suffering
- Emotional trauma
- Loss of consortium and loss of companionship after a wrongful death
These are called “non-economic” because they aren’t quantifiable. But just because your emotional pain doesn’t come with a receipt doesn’t mean you don’t deserve to be compensated. Your attorney can calculate a suitable amount and add it to the total settlement.
Collecting Evidence and Proof of Liability
As part of the responsibility that comes with filing a claim, you must prove that the person responsible was negligent. Negligence is defined as failing to use reasonable care. It’s important to remember that this doesn’t mean that someone intentionally caused you harm. Instead, it means that they failed to act reasonably. For example, if a piece of faulty machinery hurt you, the manufacturer would be liable for your damages.
Your lawyer can help find evidence of the negligence that caused your injuries and use it to help build your case.
Filing Claims and Meeting Deadlines
Under the Jones Act, you have three years from the date of the accident to file your lawsuit, but only seven days to report the accident to your employer, making it one of the most important steps in a Jones Act claim. Under the LHWCA, you have up to one year to file your injury claim and 30 days to report it to your employer. Your Catahoula seaman injury lawyer can help you navigate the deadlines for your case and make sure all the paperwork is filed correctly and on time.
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Contact Laborde Earles Injury Lawyers Today
If you or a loved one has been involved in an off-shore accident, our attorneys can help. At Laborde Earles Injury Lawyers, we can take on your case so you can rest and focus on healing. Call to schedule your free, no-obligation consultation today.
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