Workplace injuries aren’t something many employees spend time worrying about. Maritime workers, however, risk injury every time they go to work. While not every maritime worker will get hurt on the job, those that do often suffer severe or life-changing injuries.
Such injuries may result in hefty medical bills and a ton of missed work hours. If you have sustained injuries as a maritime worker in Delcambre, you can sue your employer for damages by seeking the help of a maritime injury lawyer.
Common Maritime Injuries and Their Causes
Unfortunately, accidents and injuries are common onboard ships and in many maritime workplaces. The employer or shipowner has a duty to provide maritime workers with a safe work environment. This includes things like hiring enough crew for the given tasks, ensuring reasonable shifts, breaks, and proper training. It also includes making sure the ship and all equipment are considered seaworthy and safe, well-maintained, and that anything broken or unsafe is repaired or replaced.
When any of these things are overlooked, accidents and injuries are bound to happen. Slips and falls can result in broken bones or concussions, faulty machinery can result in lacerations or chemical burns, and improper use of gangplanks or passenger baskets can result in crewmembers falling into the water, and sometimes even drowning.
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What Can a Delcambre Maritime Lawyer Do for You?
Maritime workers aren’t protected by the traditional employee compensation policies that protect regular employees. This means that for maritime workers, the injury claim process can be complex. Fortunately, other legal alternatives are in place to protect them if they are injured while on the job.
While victims could use these options to sue their employers and seek compensation on their own, it could be challenging. With a Delcambre maritime injury lawyer by your side, you won’t have to worry about any legal matters regarding your claim. You’ll get legal help to build your case while you focus on recovery.
Here are some of the legal options you or your lawyer may pursue:
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The Jones Act
Maritime workers like commercial fishermen or sailors injured while on the job can sue for damages via the Jones Act. This federal law grants seamen who are hurt on the job the right to start a personal injury claim against their employer. To qualify as a ‘seaman,’ you must spend at least 30% of your time onboard a navigable vessel working as a captain or crew member. Under the Jones Act, you have up to three years from the date of the accident to file a legal injury claim. Additionally, the following steps could be integral for you to receive damages:
- Report your injuries.You have seven days to report a work injury per federal maritime law, but your lawyer may advise you to do so as early as possible.
- Seek medical treatment. Maritime employers are legally mandated to provide injured employees with medical treatment, regardless of where they are injured, whether on U.S. or foreign waters. Once you see a doctor, ensure you follow the treatment plan and attend each appointment.
- Gather evidence from the scene of the accident. Under the Jones Act, negligence must be proved. Photos at the scene could help, as well as detailed notes and eyewitness reports.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
Maritime workers who suffer from injuries sustained while working on or adjacent to U.S. waters can sue for compensation to cover medical care and vocational rehabilitation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Employees who also help in the building, repairing, loading, and unloading water vessels can seek compensation via the LHWCA. If a maritime worker dies from injuries sustained on the job, the LHWCA can also provide survivor benefits to their family.
The LHWCA applies to marine workers who do not qualify as seamen, meaning you do not have to work directly onboard a ship. Longshore workers, ship repairers, ship-breakers, shipbuilders, and any employee who works in a traditional maritime job may be eligible for compensation under the LHWCA. This includes employees working on either navigable waters or adjoining regions like docks, piers, terminals, wharves, and areas used to load and unload water vessels. If you’re an injured Delcambre maritime worker, you have up to one year from the date of the accident to make your injury claim. Additionally, if you do not report the injury to your employer immediately, you have up to 30 days to do so and still qualify for a claim under the LHWCA.
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What do Maritime Injury Damages Cover?
Ideally, these damages could compensate for current and future medical expenses, lost earning capacity (lost wages and reduced future earning capacity), pain and suffering, and pre-judgment interest. The compensation should be enough to cover your treatment and rehabilitation, lost wages, and lost future earning potential. If a loved one has died as a result of a maritime workplace accident, your family may be entitled to death benefits.
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Let Our Maritime Injury Lawyers Handle Your Claim
While employed as a maritime worker in Delcambre, have you recently suffered an injury? You might be entitled to compensation from your employer. Regardless of the kind of work you were doing, a maritime injury lawyer can help you navigate the legal process.
At Laborde Earles Injury Lawyers, we’ll handle your case so you can focus on healing and recovery. Contact us today at (337) 777-7777 for a free case review and more information.
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