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Cecilia Seaman Injury Lawyer

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Attorney David Laborde | Attorney Digger Earles
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On This Page
  1. The Jones Act
  2. The Longshore and Harbor Workers' Compensation Act
  3. Important Deadlines
  4. Call Laborde Earles Injury Lawyers Today
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
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  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Cecilia Seaman Injury Lawyer

Seamen and other maritime workers on ships are subjected to hazardous working environments. There is a constant risk of bad accidents that can cause serious injuries to the workers involved. Many of these brave workers live right here in Cecilia. 

If you’re a seaman or other maritime worker, and you’ve been injured in a maritime accident, a Cecilia seaman injury lawyer can assist you in taking advantage of the federal laws and pursuing compensation for your injuries. 

The Jones Act

Several federal laws protect workers in a maritime environment. The Jones Act allows injured seamen to sue negligent employers for compensation. To qualify under the Jones Act, you must be considered a seaman and meet several requirements:

  • You must work on a vessel in navigation.
  • You must spend at least 30 percent of your time aboard the vessel (or a fleet of vessels) and contribute in some way to the vessel’s operation.
  • The vessel must be in use in navigable waters, which means it cannot be tied or dry-docked indefinitely. 
  • Seamen may operate aboard ships in inland waters such as lakes, rivers, or the sea.
  • An oil rig or other offshore platform can be considered a Jones Act vessel as long as it has some form of onboard navigation.

If you or a loved one meets the description of a seaman, the Jones Act may help you recover after an injury or death that occurs while working. Your Cecilia seaman injury lawyer can determine whether you qualify.

Damages You Can Pursue Under the Jones Act

Under the Jones Act, you must show that your employer or the vessel owner was negligent in some way. For example, employers and vessel owners may fail to do sufficient risk assessments to prevent crewmember injuries. 

Alternatively, they may emphasize profits and production speed over workers’ safety, resulting in any number of injuries. If you and your lawyer can prove that your employer or the shipowner is at fault and you qualify as a seaman, you can pursue compensation for:

  • Lost wages and future earning potential
  • Ongoing and future medical bills
  • Pain and suffering
  • Disfigurement 
  • Mental anguish

Maintenance and Cure

In addition to Jones Act damages, injured seamen can claim “maintenance and cure.” Employers of wounded sailors have a legal obligation to pay maintenance and cure for their injured employees if the incident happens when the employee is on the clock. Maintenance and cure should be paid regardless of who’s responsible for the injuries.

“Maintenance” refers to the day-to-day living expenses of their injured employees. It covers essential needs like food, rent, and basic utilities. Their employers normally cover these expenses while they’re on the vessel. “Cure” is the seaman’s reasonable medical expenses. It typically covers emergency care, medications, surgeries, hospitalization, therapy, and medical transportation. 

The appropriate amount of maintenance and care should be based on the wounded seaman’s actual home expenses and medical records. For instance, If you live in a high-cost area, your maintenance budget should reflect that. Similarly, your care budget should cover your actual medical expenses even though they may be on the expensive side, as long as they’re directly related to the accident. 

Your employer may deny your rights to maintenance and cure. If you were hurt at work and aren’t getting your maintenance and cure benefits (or the amount you’re receiving isn’t enough), a Cecilia seaman injury lawyer can help. 

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The Longshore and Harbor Workers’ Compensation Act

Seamen aren’t the only ones who work in the maritime industry. Shipyard workers, harbor workers, and other marine employers who don’t work onboard vessels (or who aren’t onboard as much) are examples of these employees. If you don’t meet the requirements of a Jones Act seaman, you are likely covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA) when you’re injured on the job.

To be eligible for LHWCA protection, you must perform “maritime” tasks as part of at least a portion of your employer’s responsibilities. Even if you don’t work as a seaman who spends time at sea, a significant amount of your profession must take place on or near navigable waterways, including areas like wharves, piers, shipyards, docks, or shipping terminals.

A Cecilia seaman injury lawyer from our firm can tell you which federal law applies to you and answer any questions you may have about your case.

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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 | Client
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Important Deadlines

You have three years from the date of your accident to file your lawsuit under the Jones Act. You must also report the accident to your employer within seven days.  

If you are a non-seaman maritime worker, you have two years from the date of the injury to file under the Longshore and Harbor Workers’ Compensation Act. Under the LHWCA you have up to 30 days to notify your employer of the accident. Your Cecilia seaman injury lawyer can help make sure everything is filed on time.

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
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Call Laborde Earles Injury Lawyers Today

Rather than adding to your stress and compromising your healing, let Laborde Earles Injury Lawyers handle your complicated legal case while you rest. We have years of combined legal experience and are committed to protecting the rights of injured seamen and maritime workers. Call today to schedule your free consultation. 

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Laborde Earles Injury Lawyers is gearing up for its eighth annual Bike It Forward event, giving away bikes, helmets, and other goodies to deserving kids. This year, to make the event even more...

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The Laborde Earles Cancer Scholarship celebrates students who intend to pursue an education in medicine, public health, and related fields. When awarding the scholarship’s $2,500, the scholarship...

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Digger Earles and David Laborde are now featured in the publication that highlights outstanding lawyers LAFAYETTE, LA, FEBRUARY 10, 2020 — Two attorneys representing Laborde Earles Injury...

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Maritime Injury FAQ:
What Are Maintenance and Cure Benefits? What Are Maintenance and Cure Benefits?

Maintenance and cure benefits are two types of compensation that an injured seaman can receive after being hurt on the job under the Merchant Marine Act of 1920, which is more commonly known as

What is Admiralty Law? What is Admiralty Law?

Admiralty law is a body of laws that govern matters related to shipping, vessels, and oceanic issues. It includes both U.S. and international laws. Also referred to as maritime law, admiralty law

What Are the Common Examples of Employer Negligence That Can Lead to a Jones Act Claim? What Are the Common Examples of Employer Negligence That Can Lead to a Jones Act Claim?

The most common examples of employer negligence that can lead to a Jones Act claim include failure to: Keep up with vessel maintenance Provide proper equipment to workers Ensure that each

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Cecilia Maritime Injury Practice Areas
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Additional Locations
  • Jefferson Island Seaman Injury Lawyer
  • Abbeville Seaman Injury Lawyer
  • Alexandria Seaman Injury Lawyer
  • Gretna Seaman Injury Lawyer
  • Hire a Grand Coteau Seaman Injury Lawyer
  • Cankton Seaman Injury Lawyer
  • Egan Seaman Injury Lawyer
  • Hammond Seaman Injury Lawyer
  • Breaux Bridge Seaman Injury Lawyer
  • Arnaudville Seaman Injury Lawyer

 

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