The maritime industry is known to have some of the most hazardous occupations. However, unlike workers in other industries, maritime workers are not protected under basic workers’ compensation policies. Therefore, if you’re injured as a marine worker, you can directly file a compensation case against your employer and there are several special laws to help.
When filing the claim, you can enlist the services of a maritime injury lawyer for legal representation and professional advice. Your lawyer may assist you in filing your claim, collecting evidence, proving negligence, or representing you in court.
Common Maritime Injuries
Maritime workers take on unique risks when they go to work, whether their work environment is a fishing vessel or a shipping terminal. Slips and falls can cause some of the most common injuries in any maritime workplace. Broken bones, concussions, lacerations, traumatic brain injuries, and chemical burns can also take place.
Workplace accidents can be especially frequent when any sort of negligence is present. It is the responsibility of the employer or shipowner to ensure a safe work environment for their employees, including hiring enough staff and properly training them and making sure all equipment, tools, and machinery are well-maintained, in good working order, and replaced when necessary.
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The Jones Act Vs. The LHWCA
Maritime laws provide the opportunity to seek financial compensation for all work-related injuries or illnesses. If you’re a maritime worker and you’re injured at work, here are three compensation systems you may be able to use to pursue compensation:
- The Jones Act: Victims covered by the Jones Act sustain injuries at sea. You must qualify as a seaman, which means you must make your living as a crewmember of a navigable vessel and spend at least 30% of your time on board the ship. The injury or illness must be work-related to be eligible for compensation. The Jones Act permits you to file a claim against your employer if the vessel that caused the injuries had mechanical problems or other negligence can be proven. You have up to three years from the date of the accident to file your compensation claim. If a seaman onboard dies due to a negligence-based accident, the Jones Act allows survivors to file a lawsuit for wrongful death.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA): The LHWCA covers all maritime workers not covered under the Jones Act. For example, it covers employees working on loading and unloading bays, those who work on docks, and those repairing or building a vessel. LHWCA can also pay death benefits to family members if a worker dies in the course of duty. Under the LHWCA, you have up to one year from the date of the accident to file your claim. It is best to report the injury to your employer immediately, but it must be reported within 30 days to qualify.
- General Maritime Law: Also referred to as admiralty law, general maritime law can cover compensation for maritime workers injured while offshore or near water. You might still qualify under maritime law if you’re not eligible for compensation under the Jones Act or LHWCA. Your lawyer can study your claim and advise you on which compensation system best applies to your situation.
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Why Hire an Egan Maritime Injury Lawyer?
As an injured maritime worker, your right to seek financial compensation starts the moment you’re hurt at work. Hiring an Egan maritime injury lawyer could help you navigate the challenges of filing a personal injury claim against your employer. There are benefits to working with a legal team when pursuing a personal injury claim. Your lawyer can:
File Your Maritime Claim
Your lawyer can assist you in the complex process of filing your claim and building a solid case. During the filing process, your legal team may:
- Collect sufficient evidence, such as medical records and police reports to support your claim
- File all the required legal paperwork promptly, adhering to the proper statute of limitations
- Negotiate with your employer
- Provide evidence showing unseaworthiness of a vessel if there was negligence on the employer’s part by failing to maintain the vessel in good working condition
- File a court case and represent you if an out-of-court settlement fails
Your lawyer can safeguard your interests throughout your claim and guide you through the entire process.
Handle the Complexities of Maritime Law
Maritime law is one of the most confusing areas of law to understand. Therefore, if you’re a maritime worker and have sustained work-related injuries, a lawyer in Egan can help. Trying to understand the details of a section of the law can be hard enough when you aren’t injured and vulnerable.
An Egan maritime injury lawyer can handle the legwork of your case, so you can focus on recovery and healing from your injury.
Pursue Your Compensation
The value of compensation is based on lost wages, medical expenses, and disability. Here are examples of maritime settlements that a lawyer can pursue:
- Disability:If you become impaired due to the accident, you might be eligible for compensation both in LHWCA and Jones Act.
- Maintenance and Cure: All injured seamen could be eligible for maintenance and cure after a work-related accident. Maintenance covers daily living expenses, while cure covers medical expenses until complete recovery.
- Income Replacement: Income replacement can be pursued in the Jones Act and LHWCA. If you’re injured while working, you might be eligible for this compensation.
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Contact Laborde Earles Injury Lawyers for a Free Case Review
If you’re a seaman and have been hurt at work in Egan, you can seek legal representation from Laborde Earles Injury Lawyers. We can help you navigate the complicated maritime laws, so you can rest and recover. Contact us at (337) 777-7777 for a free case review.
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