Every job has its risks, but the threat can be a little more severe for those working in maritime industries. Accidents are common, and when they happen, marine workers can be shocked to find out that ordinary compensation policies don’t protect them.
If you’re a maritime worker and have been injured in a workplace accident, a Henderson maritime injury lawyer can help you seek financial recovery under maritime laws.
Which Laws Protect Maritime Workers in Henderson?
Maritime workers and seamen have special laws that allow them to seek reimbursement for injuries that might be life-changing or devastating. Maritime injury lawyers can help you understand the legal grounds that apply to your specific circumstances. The primary laws covering Henderson maritime workers are the Jones Act and The Longshore and Harbor Workers’ Compensation Act (LHWCA).
1. The Jones Act
Unlike most workers, the law doesn’t provide automatic worker’s compensation benefits for seamen. Thus, the Jones Act gives seamen the right to sue for compensation if they’ve been injured at work. Seamen can file under the Jones Act to pursue personal injury damages from their employers or the shipowner. The victim must show that they work on a vessel and spend at least 30% of their time there.
A unique feature of this law is that you must prove negligence. For example, if an employer’s negligence causes harm, the employee can file against that employer for damages. If a coworker’s actions cause injuries, the harmed party has the right to seek legal reprieve there too. Your Henderson maritime injury lawyer can help you gather evidence and determine the at-fault party.
2. The Longshore and Harbor Workers’ Compensation Act (LHWCA)
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is another federal law that applies to injured maritime workers. This law covers anyone not covered under the Jones Act. This includes workers injured while working on construction in harbors, loading in the docks, or repairing ships.
Under the LHWCA, the benefits for the injured worker extend to various categories. The law offers compensation for:
- Past and future medical treatment. If you incur expenses during treatment, you can seek compensation that may offset your debt.
- Lost wages. When the accident makes it impossible to work in your profession, the LHWCA can ensure you receive financial support.
- Post-accident rehabilitation. If your injuries require extensive assistance, the law can provide extended coverage.
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What Are the Deadlines to File a Work Injury Claim?
All states have statutes of limitations that determine how long a worker has to file their injury claims. Honoring the time limits is essential since missing the deadline might eliminate your chance of receiving compensation.
If you file under the Jones Act, the statute of limitations is three years from when the accident happened. If you file under The Longshore and Harbor Workers’ Compensation Act (LHWCA), the time is more limited. The worker must file within just one year of their accident.
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What Are the Causes of Maritime Injuries?
Offshore rigs, vessels, and harbors can be dangerous work environments. For maritime workers, extreme care and caution are vital to avoiding injuries while completing daily tasks. When seeking compensation, a victim must prove that injuries happened in the workplace, and in some cases prove that negligence was a factor. Some of the most common causes of maritime accidents are:
Slip and Fall Incidents
Maritime workers often work on decks or elevated platforms. For these workers, slip and fall incidents can happen anytime, especially when there’s hazardous weather. A fall at sea can have profound implications resulting in injury or even death.
Inadequate Crew
Shipowners have a responsibility to hire competent crew members to ensure efficient and safe operations. When an inadequately trained captain or deckhand acts erroneously, they can put other crew members in danger.
Equipment Failure
Shipowners should run a seaworthy vessel at all times. If they don’t ensure the equipment is properly maintained, they can harm the seamen that rely on them to do their duties.
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How a Henderson Maritime Injury Lawyer Can Help
Suffering from a maritime injury at sea or onshore can be painful and stressful. You might worry about your chances of successfully seeking compensation, especially if your employer is a big corporation.
At Laborde Earles Injury Lawyers, we take your case seriously. Taking on a legal suit on your own can be a daunting undertaking, especially when you’ve been injured. Our lawyers can handle the hard work of your claim so you can rest and recover.
A Henderson maritime injury lawyer could help you in many ways, including:
- Gathering evidence – Evidence is the backbone of an injury claim. We can collect important evidence of your injuries and the accident that caused them, which could include taking photos of the scene, speaking to witnesses, or checking medical records.
- Initiate consultations – If you hire us, we could represent your interests in the case against your employer. We could contact your employer’s attorney and the insurance evaluator and represent you in those negotiations.
- Conduct negotiations – We could use legal grounds to negotiate with opposing counsel.
- Court proceedings – We could represent you in court, if necessary.
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You don’t Pay Us Unless You Win a Settlement
Laborde Earles Injury Lawyers operate on a contingency fee basis for all maritime injury cases. If you or a loved one hires us, we won’t charge you any legal fees unless you win.
If you or a loved one gets injured in a Henderson maritime accident, a lawyer from our firm can help you seek compensation.
Laborde Earles Injury Lawyers will take the burden of a legal suit off your shoulders and answer all of the questions you may have about its proceedings. Contact us today to schedule a free consultation.
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