Marine workers face many dangers, whether they work on the open sea or at a shipping terminal. Because of these unique hazards, maritime injuries can be severe, sometimes even life-threatening. However, maritime law has its own set of rules that could help injured workers pursue compensation, especially if negligence played a part in the accident.
If you’re a maritime worker who has been injured in a workplace accident, a Coteau Holmes maritime injury lawyer can take on your case and guide you through the injury claim process.
How a Coteau Holmes Maritime Injury Lawyer Can Help
Maritime lawyers can protect the rights of crew members and others who are harmed in a maritime accident. A lawyer can help you hold the responsible party accountable for the accident and its aftermath. If you’ve been injured, you could be in excruciating pain, out of work, and unable to enjoy everyday activities with your family.
Trying to take on an entire legal claim while in this position can be daunting, to say the least. A Coteau Holmes maritime injury lawyer from our firm could handle all of the complex legal twists and turns of your case, so you can focus on healing and recovery. A lawyer can help in many ways, including:
- Investigating the accident and identifying the cause, such as faulty equipment
- Preserving crucial evidence and handling all paperwork
- Keeping you posted as the legal process unfolds and giving you sound advice
- Negotiating a settlement with employers and insurance adjusters
- Representing you in court if necessary
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Maritime Law and Its Purpose
Maritime or “admiralty” law came into effect long before the U.S. Constitution, and it governs navigation and shipping on the high seas, extending to other U.S. waterways. This decree covers injuries, contracts, torts, and other unlawful acts occurring near or at sea or other passable bodies of water.
One of the essential components of maritime law is the duty of care. Shipowners owe their workers reasonable care to keep them safe from harm when traveling or working aboard the vessel. This means that the ship must be seaworthy, and all of its parts and equipment must be in good condition, properly cared for, and repaired or replaced when necessary.
At Laborde Earles Injury Lawyers, we are well-versed in maritime law, and we can use this knowledge to help your case. A Coteau Holmes lawyer from our firm can examine your situation and determine if there was a breach of reasonable care by your employer, among other things.
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The Jones Act vs. the LHWCA
The Jones Act is a federal decree which accords seamen some employment protections in the event of a tragedy. If a seaman is injured or dies at work, their representative can file a civil action against the employer for compensation.
To file an injury claim under the Jones Act, you must be a “seaman,” a maritime worker doing a job on a navigating vessel, and spend at least 30% of your time on board the ship. Under the Jones Act, you have up to three years to file.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) can apply to any maritime worker who isn’t considered a seaman, including dock workers, shipbuilders, and longshoremen. Under the LHWCA, you have one year in which to file your injury claim.
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What Are Maintenance and Cure?
Maintenance and cure refer to the monetary compensation that can be sought by maritime members after sustaining injuries at work. Crew persons, dock employees, stevedores, and any maritime worker are eligible to seek compensation for damages in a maritime workplace environment.
The financial recovery details are as follows:
Maintenance
It’s customary for the crew to get free accommodation aboard the ships they work on, but they need room and board when seeking medical treatment on land. Maintenance is meant to cover expenses like rent, meals, property taxes, mortgage, homeowner’s insurance, and utilities. Nevertheless, it excludes some bills like Wi-Fi, cable, and telephone.
Cure
Cure is compensation directly related to receiving medical treatment, such as blood tests, x-rays, special medical equipment, and prescription medication. These funds are available until you reach significant medical improvement and are ready to work again. Permanent disability is available for workers who sustain lifelong injuries.
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Steps to Take After a Maritime Accident
Getting injured at work and away from your family can be distressing, but the actions you take immediately following the accident can be crucial. Here are some essential steps to take after sustaining an injury as a maritime worker:
Treat Your Injuries
Get immediate medical treatment for severe injuries, like bone fractures, concussions, and burns, and also for minor ones, like cuts and bruises. Not only could medical intervention save your life and ward off more complex issues, but it also demonstrates that you need treatment. In addition, your medical records can provide vital evidence to support your compensation claim.
Report the Accident
According to federal maritime law, injured workers must report the incident within seven days, but it’s best to go to your immediate supervisors right away to get help. Doing so can help streamline the process.
Give a Statement to Your Employer
Upon receiving the news, your employer will require a statement detailing what transpired and the responsible party for your injuries. For instance, an injured seaman could declare that their employer’s neglect to repair faulty equipment caused your injury when you tried to use it.
Citing fault or negligence can be crucial to your case, especially if you’re filing under the Jones Act.
Laborde Earles Injury Lawyers Can Help
Were you injured in a sea vessel or other maritime work environment? A Coteau Holmes maritime lawyer can help you seek compensation from the responsible party. At Laborde Earles Injury Lawyers, we can take the work of a complicated legal case off your shoulders, so you can focus on recovering from your injuries. Contact us today for a free case review and more information.
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