Seafaring comes with its own unique set of hazards. When off-shore accidents happen, the aftermath can be disastrous. Seaman injuries can range from minor to fatal, and more often than not, ship injuries are caused by negligence and human error, which means they might have been preventable.
If you have been injured or harmed as a maritime worker, you may be entitled to compensation. An Erath seaman injury lawyer from our firm can help you navigate every step of your injury claim.
What You Should Know About Off-Shore Accidents
Off-shore accidents that cause injuries to seaman can come from many different sources. Some of the most common we see include:
- Equipment failure
- Poor maintenance
- Confined spaces
- Improper loading of cargo
- Missing signage
- Not following safety protocol
- Lack of proper safety equipment
- Inadequate training for crewmembers
- Negligence
If you’ve been injured after an employer failed to provide adequate safety measures, you could be entitled to compensation under maritime law. Employer negligence also includes cases where there is a lack of training provided to crew members, which can also lead to workplace accidents.
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The Jones Act
The Jones Act allows injured seamen to sue their employers after an off-shore accident. As mentioned earlier, maritime injuries can often occur due to negligence. To receive compensation under the Jones Act, you’ll need to prove that another person’s negligence caused your injuries.
Additionally, the Jones Act only applies to individuals employed as seamen. This means you must work on a navigable vessel (an oil rig counts as long as it is not stationary), contribute to the overall mission of the vessel, and spend at least 30 percent of your working hours onboard.
Your Erath seaman injury lawyer can help with Jones Act lawsuits. They know how to navigate the legal system in these types of claims, and they can help you know what steps you should take next.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal program designed to protect injured employees while working. This act covers maritime workers who wouldn’t qualify for the Jones Act, and who work on or near water.
The LHWCA covers longshoremen, harbor workers, dockers, shipping terminal workers, shipbuilders, shipbreakers, and those who load and offload ships. This means that if you were injured loading cargo onto a ship, building, repairing, or breaking down a ship, then you could potentially be eligible for benefits under the LHWCA.
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Statute of Limitations
The statute of limitations refers to the deadlines involved in your Jones Act lawsuit or LHWCA injury claim. These deadlines are taken seriously. Missing even one of them could mean giving up your right to seek compensation.
Under the Jones Act, you have up to three years from the date of your accident to file your lawsuit, but only seven days to report the accident to your employer. Under the LHWCA, you have up to one year from the date of your accident to file your injury claim and up to 30 days to report the injury to your employer. An Erath seaman injury lawyer can ensure all of your documents are filed properly and on time.
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How Can an Erath Lawyer Help Me as a Seaman?
When you are injured as a seaman, you might feel like you have no one to turn to. Fortunately, at Laborde Earles Injury Lawyers, we can handle your entire case while you rest and recover. Our team of attorneys will be able to guide you through the process of filing a claim, ensuring that you’re fully informed throughout the entire process. Some more ways your lawyer can help include:
- Investigating your case to determine who is responsible
- Meet with your doctor to determine the extent of your injuries and how much they might cost to treat
- Calculate an appropriate settlement amount
- Negotiate with the insurance company and opposing counsel on your behalf
- Represent you in court if necessary
Can I Afford a Seaman Injury Lawyer in Erath?
Sadly, lawyers often have a reputation for being unaffordable. You may be in pain, out of work, facing unpaid medical bills, and not knowing how you’ll support your family, let alone pay for a lawyer.
At Laborde Earles Injury lawyers, we understand that every dollar is important. Our seaman injury lawyers in the Egan area work on a contingency basis. This means that you won’t pay a penny upfront. If we win, your lawyers will simply take their legal fees out of a percentage of your total settlement amount. And if for some reason we’re unsuccessful, you don’t owe us a thing.
Damages You and Your Lawyer can Pursue
If you’ve sustained seaman injuries, here is a list of damages you and your lawyer could pursue:
- Medical expenses: You can seek reimbursement for all reasonable and necessary medical expenses incurred as a result of the accident. This includes hospital bills, doctor’s fees, and any costs associated with rehabilitation or therapy.
- Property damage: If your property was damaged in the accident, you can seek compensation for the repairs or replacement costs.
- Lost income: If you were unable to work due to your injuries, you can claim lost income damages. This includes both past and future earnings losses.
- Pain and suffering: You may be entitled to receive damages for the pain and suffering you endured as a result of the accident. This is a particularly common type of damage awarded in maritime accidents.
Contact Laborde Earles Injury Lawyers Today
As a seaman, you deserve to receive fair treatment when you suffer an injury. At Laborde Earles Injury Lawyers, we can work on your case while you heal from your injuries. Contact us today to schedule a free consultation and to learn more about your options.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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