Maritime accidents are more common than most people realize and tend to be more hazardous than other occupations. In addition, maritime workers have different laws surrounding injury claims.
If you’ve been injured in a marine workplace accident, a Cecilia maritime lawyer can help. A lawyer can walk you through the whole process, so you can rest easy and focus on your recovery. Below are some things you need to know when filing a maritime injury case.
Common Causes of Maritime Injuries
The maritime industry can be very hazardous to its workers, both offshore and onshore. These injuries can affect harbor workers, dock workers, longshoremen, and seamen alike. Some of the most common causes of maritime accidents can include:
Slips and Falls
Workers on oil rigs or ships can spend a lot of their time on a deck. They are exposed to harsh wind, rain, and spray from the sea. This means that the deck is constantly wet, often leading to slips and falls. These accidents can be dangerous and sometimes fatal, especially in the midst of massive storms.
Employer negligence over the slippery state of their deck can increase the risk of these accidents. The vessel should be well-maintained and properly cared for. Failure to keep these standards high can endanger the crew. A Cecilia maritime lawyer can help you file a claim if you have been in such an accident and suffered an injury.
Inadequate Crew
Maritime law dictates that all sea vessels need enough properly trained crew members for every task. The vessel owner is responsible for ensuring that their ship has enough crew members to accomplish every mission. A lack of staff can lead to workers doing too much or working too long without proper rest and breaks. This can lead to exhaustion and fatigue, resulting in accidents and significant danger to all members on board.
Inadequate Equipment
Personnel can get injured when trying to gain access to the ship through an unsafe personnel basket or gangplank. There needs to be appropriate equipment to transfer people and trained personnel who can operate the equipment. In fact, all of the vessel’s equipment and machinery should be properly maintained, kept up to date, and replaced or repaired when necessary.
Your employer should provide safe, working equipment, and any accident that happens because of poor equipment could show their negligence. Boat owners and captains should ensure they have adequate, seaworthy equipment before they leave port. Such equipment can include wrenches, appurtenances, stairs and stairways, ropes, non-skid decking, and numeric tools. All equipment needs proper installation, maintenance, and training for the crew on how to properly use it.
For a free legal consultation with a maritime injury lawyer serving Cecilia, call (337) 777-7777
The Jones Act
The Jones Act is an act that protects certain injured maritime workers. The Jones Act ensures that any injured seaman can seek financial assistance for their injuries from a workplace accident. If negligence is present, injured seamen may file a claim to seek compensation for lost pay, cost of medical treatment, and more. The Jones Act covers any sailor or crewmember who works on vessels traveling over navigable water and spends more than 30% of their time onboard. This includes any vessel that travels over lakes, rivers, or oceans, such as towboats, freight vessels, barges, oil tankers, and fishing vessels.
Under the Jones Act, you must file your claim within three years of your accident. A Cecilia maritime injury lawyer can help you confirm your employment, enable you to proceed with filing a potential lawsuit, or assist you in seeking compensation.
Cecilia Maritime Injury Lawyer Near Me (337) 777-7777
The Longshore and Harbor Workers’ Compensation Act
Another Act that protects maritime workers is the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA applies to any maritime workers not covered under the Jones Act. This could mean shipping terminal employees, dock workers, or shipbuilders, and covers marine workplace injuries like falls while loading or unloading a vessel or impact injuries suffered in the repair or construction of a ship.
Under the LHWCA, you can seek compensation for rehabilitation charges, lost income, and any past and future medical expenses relating to the accident. However, you must file your claim within one year of your accident, and report the injury to your employer within 30 days.
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What a Cecelia Maritime Lawyer Can Do For You
A maritime injury lawyer from our firm can work on your behalf to seek compensation after your accident on the job. A lawyer can determine the type of case you have and the appropriate course of action.
Proving Your Claim
A Cecilia maritime lawyer can help you by:
- Collecting evidence from the accident
- Handling legal paperwork
- Drafting statements and presenting them before the responsible party or the court
- Arguing your case in court, if necessary
Pursuing Compensation
Another way a maritime injury lawyer can help is by pursuing compensation. Maritime lawsuits can have different types of compensation, including:
- Costs of any related medical care, such as hospital bills, medication, or physical therapy
- Disability for those who are unable to work due to their injuries
- Lost future earnings if your injury is so severe you won’t be able to return to the same type of work
Meeting Deadlines
There are specific filing deadlines you need to pay attention to. As mentioned, the statute of limitations (deadline to file) is different for both the Jones Act and the LHWCA. Your maritime injury lawyer can make sure you file all your claims on time.
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Get In Touch with a Cecilia Maritime Injury Lawyer Today
Navigating all the legal work yourself can be challenging, especially when you’re injured and need to rest and recover. Reach out to Laborde Earles Injury Lawyers and let us handle your claim. We charge no fee unless you win or get a settlement. Call us at (337) 777-7777 to talk to a Cecilia maritime attorney today.
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