Working in the maritime industry can be dangerous and involves taking risks every day. While maritime work can be thrilling and often pays well, there is always a risk of personal injury to the workers who bravely make their living this way.
When you’re injured on the job, it can be challenging to get compensation for your injuries. For many maritime workers, a legal claim or lawsuit is necessary. If you’ve been hurt or if someone you love has died as a result of an accident, a maritime injury lawyer serving the Gretna area can help.
Common Causes of Maritime Injuries
Maritime accidents can happen at any time and can range from minor to completely devastating, as can the injuries resulting from the accidents. However, some causes of maritime injuries are more common than others. These can include:
- Improperly maintained machinery or ship parts
- Malfunctioning safety equipment
- Negligence
- Poor maintenance practices
- Defective equipment resulting in electrical fires
- Failing to use proper safety precautions
- Lack of training for new crewmembers
- Exhaustion due to working too long without proper rest or breaks
- Alcohol or drug use
- Missing safety signage
While these are some of the leading causes of maritime injuries, there are many others. For example, a marine accident can occur due to negligence on the part of another vessel. These types of large-scale accidents put everyone on both ships at risk.
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Maritime Law
Maritime law is the body of laws governing all aspects of seafaring and shipping activities over navigable waters. It includes everything from how ships are built and maintained to the rules that govern navigation and safety regulations. It also covers the rights and responsibilities of crew members and passengers aboard vessels and the shipowners themselves, whether they are aboard or not.
Maritime law is complex and can be difficult to understand if you’re not well-versed in it. For this reason and many more, taking on a maritime injury case alone can be overwhelming without someone who knows the way. A Gretna maritime injury attorney can guide you through the entire process. When it comes to the vessel you work on, maritime law can apply to:
- offshore oil rigs
- cruise ships
- cargo ships
- container ships
- tankers
- bulk carriers
- passenger liners
- fishing boats
- tugboats
- barges
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The Jones Act
The Jones Act covers workers aboard vessels operating under the U.S. flag. This can include crewmembers, captains, onboard engineers, and others who perform functions contributing to the overall mission of the ship. To qualify under the Jones Act, you must also spend at least 30 percent of your time on board the ship. The Jones Act allows an injured maritime worker to sue his or her employer directly for compensation when negligence plays a part in the accident.
Under the Jones Act, shipowners are obligated to maintain a safe workplace and provide equipment suitable for performing work. They are also required to provide safety training and ensure their vessels are seaworthy. Anything less and the shipowner is liable. A maritime injury lawyer serving the Gretna area can help you pinpoint the at-fault party, whether it’s your employer, the shipowner, or even a coworker.
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The Longshore and Harbor Workers’ Compensation Act
For maritime workers who don’t qualify for the Jones Act, there’s the Longshore and Harbor Workers’ Compensation Act (LHWCA). This law covers oil rig workers, dock workers, shipping terminal workers, and more. You do not have to prove negligence for an LHWCA claim.
Statutes of Limitations for the Jones Act and the LHWCA
The statutes of limitations (or deadlines) for these pieces of legislation are strictly enforced. Missing any deadlines involved may mean giving up your right to pursue compensation at all. Under the Jones Act, you have up to three years from the date of the accident to file your lawsuit and you must report the accident to your employer within seven days.
Under the LHWCA, you have just one year to file your injury claim and you must report the accident to your employer within 30 days. A Gretna maritime injury lawyer can make sure all paperwork is filed properly and within the correct timeframe.
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How Can a Gretna Maritime Injury Lawyer Help Me?
A maritime attorney can do a lot for your case, including:
- Speaking to any eyewitnesses
- Studying evidence such as photos, video surveillance, or police reports
- Investigating your case to determine cause and liability
- Negotiating with the insurance company and your employer’s attorneys
- Working with your physician to determine the extent of your injuries and the potential cost of treatment
- Explaining anything you may find confusing, answering your questions, and keeping you updated on the case
- Representing you in court if a settlement can’t be reached
Can I Afford a Maritime Lawyer?
Our maritime attorneys at Laborde Earles Injury Lawyers understand that unexpected injuries come with unexpected medical bills. Getting medical treatment, while necessary, can be very expensive. This financial strain can be increased when you’ve also had to miss work to recover. This is just one of the reasons our lawyers work on a contingency basis. This means that you won’t have to worry about paying upfront costs or anything out of pocket.
In fact, if we win and you receive compensation, your lawyers will simply take their legal fees out of a percentage of your total settlement package. If we lose, you don’t owe us anything.
Contact Laborde Earles Injury Lawyers Today
Maritime injuries can cause serious problems over time. If you’re a maritime worker and have been hurt in a work accident, you may be entitled to compensation. Let our Gretna attorneys handle the complexities of your injury claim or lawsuit so you can rest and recuperate from your injuries. Call Laborde Earles Injury Lawyers today to schedule your free case review.
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