Being a seaman can be very dangerous. Heavy machinery required for off-shore work, bad weather, and simple human error can all contribute to the risk of off-shore accidents and personal injury. This is a risk the seamen and maritime workers in the Egan area face every day.
If you are a seaman or maritime worker and have sustained injuries onboard a ship or other vessel, you could be entitled to compensation. An Egan seaman injury lawyer from our firm can help you pursue damages through an injury claim or lawsuit.
Common Causes of Seaman Injuries
Off-shore accidents can be frighteningly common and often have preventable causes. Some of the most common off-shore accidents that cause seamen injuries include:
- Equipment failure
- A lack of safety signage
- An employer’s negligence in educating crewmates about safety procedures
- An employer’s failure in training crewmates about using equipment
- Impact with moving objects like improperly stowed gear
- Oil and other fluids that can cause slippery surfaces on decks or oil rig platforms
Under the Jones Act (a law designed to protect seamen), all these causes of injury are eligible for compensation. According to the Jones Act, if your employer is negligent on any account, they could be responsible for your compensation.
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The Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, was enacted to protect injured seamen. It allows them to bring a lawsuit against their employers if their employer’s negligence resulted in their accident. To qualify under the Jones Act, you must first meet the requirements of a seaman:
- You must work on a navigable vessel (oil rigs and platforms do count as long as they have some form of controllable navigation)
- Your work must contribute to the purpose of the vessel
- You must spend at least 30 percent of your working hours onboard
A seaman injury lawyer serving the Egan area can determine which federal law fits your situation and what the best next steps would be.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that covers maritime workers who wouldn’t qualify for the Jones Act. The LHWCA provides benefits to those who work on or near water, including longshoremen, harbor workers, dockers, stevedores, shipbreakers, shipbuilders, and those who load and offload cargo from vessels.
Statute of Limitations
The state of Louisiana has what’s known as a statute of limitations. This means the deadline to file. These deadlines are strictly enforced and missing any of them could mean forfeiting your right to pursue any compensation.
Under the Jones Act, you must report your accident to your employer within just seven days. You have up to three years from the date of the accident to file your lawsuit. Under the LHWCA, you have 30 days to report your accident to your employer and up to one year from the date of the accident to file your injury claim.
An Egan seaman injury lawyer can make sure all of your paperwork is filed correctly and within the given time limits.
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How Can an Egan Seaman Injury Lawyer Help?
A seaman injury lawyer from our firm can help in a lot of ways, including:
- Taking photos and videos of the accident scene and gathering eyewitness statements
- Investigating available evidence to determine cause and liability
- Working with your doctors and specialists to find out the extent and severity of your injuries and the potential cost of treating them over time
- Deciding which damages apply to your case and calculating the monetary value of your projected settlement
- Negotiating with the insurance company and opposing counsel
- Representing you in court if a settlement can’t be agreed upon
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Can I Afford a Lawyer in Egan?
At Laborde Earles Injury Lawyers, we know that unexpected injuries mean unexpected medical bills. Medical treatment is expensive. If you had to take time off work to recover, you may have no income right now. The financial strain can be overwhelming.
These are just some of the reasons our seaman injury attorneys work under a contingency-based approach. This means that you won’t have to worry about paying anything upfront and there won’t be any surprise fees. If your lawyer wins your case and you obtain compensation, he or she will simply take their legal fees out of a percentage of your total settlement package. If we lose your case, you don’t owe us anything.
What Kinds of Compensation Can I Pursue?
At Laborde Earles Injury Lawyers, we can make sure that your lawsuit includes claims for everything you have suffered. Your claim could include some of these damages:
- Present and future medical bills: This can include physical therapy, surgery, prescription medicines, or emergency treatment.
- Lost earnings during recovery: This can include the wages you would have received if you had been physically able to work.
- Loss of potential income: This is when your accident has resulted in damage that permanently reduces your ability to work in the long term.
Other Types of Compensation
Depending on how you file and who the liable party is, you could also claim non-economic damages. These are consequences of the accident that don’t necessarily come with a price tag. This could include pain and suffering or loss of enjoyment of life.
Just because you don’t have a receipt for your pain doesn’t mean it shouldn’t be covered. And while extra money in your bank account can’t take away that pain, we understand that financial security can be a big step in the recovery process. Some of your non-economic damages could include:
- Emotional trauma: Many accident victims suffer from psychological aftereffects. This could include anxiety or depression.
- Pain and suffering: Your accident could cause you long-term pain and suffering as a result of something that was not your fault.
Wrongful Death and Survivor’s Benefits
If your loved one was a seaman and was killed in an accident at work, the Jones Act can provide survivor’s benefits. These benefits can be paid to a spouse, children, or even the seaman’s parents. Some of the damages could include loss of companionship, loss of services, final medical expenses, nurture to dependent children, funeral expenses, and more.
This compensation won’t bring back your loved one but could help you and your family face the future with confidence. A seaman injury lawyer serving the Egan area can tell you more about which damages you might qualify for and gently guide you through the legal side of this difficult time.
Contact Laborde Earles Injury Lawyers Today
At Laborde Earles Injury lawyers, we proudly serve the seaman and maritime workers of the Egan area. Let our attorneys handle your injury claim so you can rest and focus on recovery. Contact our office today and schedule a free consultation.
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