Off-shore accidents are common on barges, oil rigs, and ships on the Gulf Coast of Louisiana. These accidents can range from minor to catastrophic, just like the injuries that result from them. Medical intervention after an offshore accident can be difficult to access because of the remote nature of seafaring maritime work. Injuries may worsen if workers have to wait for medical help.
If you or a loved one has been hurt in an off-shore accident, an attorney serving Chataignier can help. An off-shore accident lawyer from our firm can help you seek compensation for your injuries by gathering facts about your case, identifying recoverable losses, identifying parties at fault, and more.
Common Types of Off-shore Injuries
Workers in the maritime industry understand that the job comes with inherent risks and is more dangerous than land-based work. As such, work-related injuries can range from minor to fatal and everything in between. Some of the common types of off-shore injuries include:
- Spinal and Back Injuries:Off-shore workers can get injured from hard labor or lifting heavy loads. Their work requires many hours of standing, pulling, twisting, and lifting. Off-shore workers can also injure their back by being struck by vehicles, falls, or unstable loads. A spine or back injury can lead to disability and chronic pain.
- Traumatic Brain Injury (TBI): Offshore workers can suffer a blow to the head if a worker slips, falls, or is struck by unsecured or swinging cargo. Brain injuries can result in personality changes or permanent cognitive changes. These symptoms can life-changing.
- Hypothermia and Frostbites: Due to being exposed to extreme temperatures day and night, offshore and maritime employees often suffer from hypothermia and frostbite.
- Lung Damage: Offshore workers can suffer from lung damage if they’re exposed to high quantities of dangerous chemicals, the results of which can be fatal. Even a little exposure can lead to chronic or cumulative lung damage.
- Loss of Hearing: A worker’s hearing can be impacted by working around loud machinery for long periods.
- Loss of Limbs or Broken Bones: A lot can go wrong when you’re using heavy, swinging machinery. If it’s used improperly or malfunctions, horrific accidents can ensue, resulting in broken or crushed bones, or even complete loss of limbs.
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How Chataignier Off-Shore Accident Lawyers Pursue Claims
Off-shore workers are individuals working a certain distance from the seashore, usually at sea. Maritime workers are exposed to danger every day, sometimes due to the heavy machinery they use for work, sometimes simply due to the nature of working on or near water.
When injured in a work-related accident, maritime workers are not entitled to typical workers’ compensation. However, here are some other laws that a Chataignier off-shore accident lawyer may use to help you pursue compensation:
The Jones Act
Under the Jones Act, maritime workers can seek compensation for medical expenses, disability, lost wages, and pain and suffering. However, your lawyer must prove the injuries suffered were due to negligence. In the Jones Act, the burden of proof is lower than in other law areas. This means that shipowners must provide a safe vessel in good repair to work in and anything less is unacceptable.
To file a lawsuit under the Jones Act, you must be considered a seaman, which means you must work on a navigating vessel and spend more than 30 percent of your time on the ship. You must file within three years of your off-shore accident, and you must report the injury to your employer within just seven days.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a compensation system set up specifically for maritime workers, such as dock workers, harbor workers, and shipping terminal employees. The LHWCA covers maritime workers who sustained injuries at adjoining areas to the sea, including those who build, repair, load, and unload vessels. The LHWCA can offer permanent partial disability payments to qualified workers who require it.
Under the LHWCA, you must file your injury claim within just one year of the accident and you must report the injury to your employer within thirty days. A Chataignier off-shore accident lawyer can determine if you qualify and help you seek this compensation within the time limits.
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What Kinds of Damages Can I Pursue?
Off-shore injuries can be catastrophic and require extensive medical care. Depending on the nature, cause, and severity of the injuries, you and your lawyer could pursue compensation for:
- Medical Bills: If you suffered severe injuries off-shore, there’s a high likelihood your medical bills are piling up. You might be entitled to claim present and anticipated future medical care expenses for your work-related injuries. Medical expenses may include surgery costs, medication, rehabilitation, mental health care, and transportation to the hospital.
- Lost Wages: The loss of your income while you heal can be very stressful for you and your family. If you cannot go to work due to the injuries, you can seek to recover damages for lost earnings.
- Pain and Suffering:This can be categorized into physical and mental distress—the emotional pain from the traumatic experience and physical injuries, such as disfigurement and scarring.
- Wrongful Death: If you lost a loved one after an offshore accident, you could file a claim for wrongful death. You might qualify to receive compensation for medical care, funeral and burial expenses, consortium loss, and companionship loss. An off-shore accident lawyer in the Chataignier area can help guide your legal claim at this difficult time.
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Contact Laborde Earles Injury Lawyers Today to Learn More
If you’ve sustained injuries in an off-shore accident at work, our attorneys can help. At Laborde Earles Injury Lawyers, we can help you pursue compensation for all of your losses, including lost wages, medical bills, and pain and suffering. Let us do the work while you rest and recover from your injuries. Call us today to schedule a free case review and learn more.
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