Whether you work in a harbor or on the high seas, working in the maritime industry can be very dangerous. Hazards abound, simply by the nature of working on or near water. These are risks that the seamen and maritime workers of Coteau Holmes face every day.
If you or someone you love has been hurt in an off-shore accident, a Coteau Holmes seaman injury lawyer can help. At Laborde Earles Injury Lawyers, we proudly serve the Coteau Holmes area and can help you pursue compensation for your injuries.
Common Causes of Seaman Injuries
There are numerous causes of seaman injuries in Louisiana. Here are a few of the most common:
- Inexperienced crewmembers and inadequate training
- Neglected vessel maintenance resulting in equipment malfunction
- Extended time at sea
- Lack of enough sleep and rest
- Drugs and alcohol abuse
- Bad weather, including high winds and heavy rain
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The Jones Act
The Jones Act provides special rights to seamen who sustain injuries on the job. In Louisiana, you could file a Jones Act lawsuit against your employer if you got hurt at work due to their negligence. However, before filing a claim, you have to prove that you qualify as a seaman under the Jones Act.
The Jones act defines a seaman as someone working on a vessel, supporting its mission with your work, and spending at least 30 percent of your time onboard. Proving you qualify as a seaman can be challenging on your own. Your seaman injury lawyer can help. We understand how the court determines if you fit the definition of a seaman:
1. The Ship’s Mission
To qualify as a seaman, your vessel must be active, either independently or in a fleet. This means that it should be operating in a navigable waterway, which we determine based on the location of the water body and its accessibility. This can apply to many off-shore workplaces. For example, an oil rig or platform can count as a Jones Act vessel as long as it has some form of controllable movement and isn’t stationary.
2. Vessel Capacity
The court evaluates your capacity as a vessel operator in relation to the ship’s function. They’ll typically consider your work’s effect on the vessel’s overall mission during its movement. For example, you would not qualify for the Jones Act if you were a passenger or your work had no relation to the success of the ship or vessel.
3. Time Spent Onboard
How much time are you actually spending onboard? The Jones Act states that you must spend at least 30 percent of your total employment period aboard a vessel operated by your employer. This means that you don’t necessarily have to be working full-time on a particular ship to qualify as a seaman. A seaman injury lawyer serving the Coteau Holmes area can tell you more and answer any questions you have.
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The Longshore and Harbor Workers’ Compensation Act
Suppose your occupation primarily involves working on the land, but you were in the vessel briefly while you were working. In that case, the Jones Act would not cover you. However, vessel repairers, dockworkers, and other maritime workers may enjoy other compensation benefits provided by the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Under the LHWCA, you do not need to prove negligence as part of your injury claim. A Coteau Holmes seaman injury lawyer can determine exactly which federal law applies to your situation and help you choose the right legal path for you.
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What Kind of Damages Can I Pursue?
When you sustain injuries off-shore, you’ll need access to medical care, possibly even physical therapy or surgery. Your lawyer can add the total amount of your medical expenses (both now and in the future) and add them to your potential settlement amount. You may also be eligible for compensation to cover lost wages for the voyage period. Based on your particular situation, your lawyer could help you pursue a number of damages, including:
- Hospitalization
- Medical supplies
- Loss of potential income
- Vocational rehabilitation
- Counseling
- Lost wages
To pursue these damages under the Jones Act, you must be able to prove that someone else was negligent and that their carelessness led to your injury. A Coteau Holmes seaman injury lawyer can help pinpoint the responsible party and determine which evidence best proves it. Your lawyer can also negotiate with opposing counsel, file your lawsuit, and attend court hearings on your behalf.
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Statute of Limitations
Federal laws have what’s known as a statute of limitations. These are the deadlines required for every step of the legal process. Under the Jones Act, you must file your lawsuit within three years of the date of your accident. However, you only have seven days to report the injury to your employer. This is a very short window so make your report as soon as possible.
Under the LHWCA, you have up to one year from the date of the accident to file your injury claim and up to 30 days to report the injury to your employer. Navigating the claim filing process can be hectic, especially with little to no knowledge about maritime law. This is where our attorneys come in to make sure you don’t miss the deadlines. Especially after an injury, the time can fly by. Let us take care of the claims process while you take care of your health.
Reach Out to Laborde Earles Injury Lawyers Today
Filing a lawsuit after a seaman injury can be daunting, but it doesn’t have to be when you have assistance from a Coteau Holmes seaman injury lawyer. At Laborde Earles Injury Lawyers, our attorneys are here to help. Call today to schedule your free consultation.
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