Working in the off-shore maritime industry can be both thrilling and lucrative, and many people in Harvey make their living this way. However, many hazards and risks are also associated with these jobs. Accidents on these off-shore worksites can be harrowing and sometimes result in life-changing injuries or even death.
If you’ve recently been injured in an off-shore accident, a Harvey off-shore accident lawyer can help. Our attorneys can help you file a claim and pursue compensation for your injuries and other damages.
Common Off-Shore Injuries
Off-shore accidents can be severe, just like the injuries resulting from them. Common off-shore injuries include:
- Broken, fractured, or crushed bones
- Chemical burns
- Head injuries, including concussions, and traumatic brain injury (TBI)
- Back and spinal cord injuries
- Cuts, gashes, and lacerations
- Loss of hearing
- Loss of limbs
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How a Harvey Off-Shore Accident Lawyer Can Help
If you’re pursuing compensation following an offshore accident, you’ll be going up against your employer and insurer. While there are several maritime laws you can use to back up your claim, you can make costly mistakes if you don’t know what you’re doing. Your employer will likely have a team of lawyers working day and night to devalue or deny your claim.
They may even offer you a settlement immediately after the accident and ask you to sign some documents to prevent you from seeking more compensation. Accepting such a settlement and signing such documents is a big mistake. You’re better off hiring an off-shore accident lawyer to represent you in the case and get you the compensation you deserve.
A Harvey off-shore accident lawyer could do the following to help your case:
- Conduct an in-depth investigation to determine the cause of the accident and identify all liable parties
- Determine the best legal path to take based on the specifics of the accident
- Gather and preserve crucial evidence needed for your claim
- Handle the required paperwork on your behalf
- Handle all communications with your employer’s legal team and insurance company on your behalf
- Interview all witnesses present at the accident scene
- Identify all recoverable damages and determine a settlement amount
- Negotiate a settlement amount on your behalf
- Represent you in a court trial if necessary
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Maritime Laws Your Lawyer Can Use to Pursue Compensation
Off-shore workers are not covered under traditional workers’ compensation, but they do have unique legal avenues to help them seek compensation for injuries sustained on the job. A Harvey off-shore accident lawyer can help you pursue compensation under one of the following maritime laws:
Maritime Common Law
Under maritime common law, any off-shore employee injured on the job can receive maintenance and cure benefits. Maintenance benefits cover the victim’s daily expenses following the accident, including rent and food.
Cure benefits cater to all medical expenses associated with the injury, including hospital and doctor bills, physical therapy, surgery, medical equipment, testing fees, and prescription medications. The employer must pay for the victim’s medical expenses until they fully recover. Even though maintenance and cure benefits are not enough to fully compensate the victim, they can help a lot.
Maintenance and cure follow a no-fault compensation system, meaning that the victim doesn’t have to prove liability to receive these benefits. However, maintenance and cure benefits are very limited and cannot provide any lost wages.
The Jones Act
The Jones Act is a federal law allowing off-shore workers to sue their employers for any injuries sustained in the workplace. However, to file a claim under the Jones Act, you must be a seaman, meaning you must be a crew member of the vessel and spend at least 30% of your working time onboard the ship.
In addition, filing a claim under the Jones Act is fault-based. You must prove that your employer’s negligence led to the accident, causing your injuries. You can qualify for compensation if you prove that your employer was even slightly liable for your accident. An off-shore accident lawyer serving the Harvey area can help you prove liability. Under the Jones Act, you may seek the following damages:
- Past, present, and future medical expenses
- Lost wages for the time you missed work due to the injuries
- Anticipated lost income due to the injury
- Pain and suffering following the accident
- Loss of enjoyment of life
- Mental anguish
The Longshore and Harbor Workers’ Compensation Act
Off-shore employees who aren’t seamen and wouldn’t qualify for the Jones Act can file for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This applies to maritime workers who work on or near navigable waterways, including dockworkers, shipbuilders, or shipping terminal employees.
The Statutes of Limitations for These Laws
The statute of limitations for an off-shore accident case usually varies depending on the maritime law you’re using to file for compensation. For instance, if you’re filing a claim under the Jones Act, you have exactly three years from the date of the accident to file your lawsuit. You must also report the accident to your employer within seven days.
On the other hand, you have one year to file your injury claim under the LHWCA, and up to 30 days to report the accident to your employer. A Harvey off-shore accident lawyer can make sure all of your paperwork is filed properly and within the time limits.
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Call Laborde Earles Injury Lawyers Today
Filing an off-shore accident claim is a complicated legal issue that you don’t have to handle on your own. You can always reach out to a Harvey off-shore accident lawyer at Laborde Earles Injury Lawyers to represent you while you focus on recovering from your injuries. Call today for a free consultation and legal support.
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