Many residents of Iota, Louisiana, earn their daily bread by working as seamen. Every occupation has its hazards, but for seamen, off-shore accidents can be deadly. The risk of personal injury is one that seamen face every day simply doing their jobs.
When you or a loved one experiences tragedies like this, it can be hard to know where to turn. At Laborde Earles Injury Lawyers, we’re here to help. An Iota seaman injury lawyer can handle your lawsuit or injury claim while you rest and heal properly at home.
Common Causes of Iota Seaman Injuries
Seaman accidents are just that—accidents. It can be hard to control or anticipate them, even when following all safety precautions. Many things can result in an off-shore accident. Some of the most common include:
- Unseaworthy vessels
- Improper handling of toxic materials
- Bad weather
- Lack of training
- Careless behavior of coworkers
- Collisions
- Neglecting safety protocol
- Having no safety protocols in place
- Defective equipment causing fire or electrical hazards
- Long hours of arduous work without proper rest or mandated breaks
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Recoverable Damages After an Iota Seaman Injury
Your Iota seaman injury lawyer can help you pursue compensation for damages like this:
- Pain and suffering
- Lost wages
- Lost future earning capacity
- Current and future medical care
Survivor’s Benefits in a Wrongful Death Suit
If your loved one was a seaman who was killed in a fatal off-shore accident, you can pursue compensation for loss of support, loss of companionship, final medical expenses, funeral expenses, and more. An Iota seaman injury lawyer can answer all of your questions and gently guide you through the legal side of this difficult time.
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The Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, was enacted to provide injured seamen an avenue for compensation by allowing them to sue their employers directly when negligence resulted in their injuries. There are some requirements you must meet to qualify for the Jones Act.
You must work onboard a navigable vessel (an oil rig can count as long as it has some form of navigation and isn’t stationary). You must also contribute your work to the overall success of the vessel and spend at least 30 percent of your working time onboard.
Is there a Deadline for Filing a Jones Act Lawsuit?
Louisiana has a strict statute of limitations (set of deadlines) that are taken very seriously. Missing any of them could mean giving up your right to pursue compensation.
Seamen have up to three years from the date of the accident to file their Jones Act lawsuit to file their seaman injury claim. Whether you want to sue your employer because of unseaworthiness or a third-party manufacturer for not servicing the vessel that caused your injuries, you have three years from the accident to file.
Additionally, under the Jones Act, you only have seven days from the date of the accident to notify your employer of your injury. This is a very short window of time, so it’s best to do this as soon as possible. Your Iota seaman injury lawyer can make sure all of your necessary paperwork is filed properly and on time.
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The Longshore and Harbor Workers’ Compensation Act
If you don’t qualify as a seaman, you can rely on other federal laws such as the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA provides benefits for injured maritime workers who work as shipbuilders, shipbreakers, ship repairers, stevedores, harbor workers, dockworkers, and shipping terminal employees.
Under the LHWCA, you have up to 30 days from the date of the accident to report your injury to your employer. You have up to one year from the date of the accident to file your injury claim.
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Do I Need a Lawyer to File My Claim?
You are not legally required to have a lawyer represent you for your Jones Act lawsuit or LHWCA injury claim. However, maritime law is complex and difficult to understand at the best of times. When you’re in pain, it can be hard to focus on details and easy to make costly mistakes.
After a bad injury, all you want is to recover, yet still be in a position where your loved ones can financially depend on you. Hiring a professional to handle the job can give you enough room for recovery. It can also give you peace of mind. An Iota seaman injury lawyer from our firm can handle all of the work of your case so you can focus on rest and healing.
Can I Afford a Lawyer in Iota?
At Laborde Earles Injury Lawyers, we know that the aftermath of an off-shore accident can be one of the most difficult and stressful times of your life. Unexpected injuries often result in unexpected medical bills. You could be in pain, out of work, and not know how you’ll pay those new medical bills, or even support your family.
This is one of the many reasons that our seaman injury attorneys work on a contingency fee basis. This means if we win and you receive compensation, your lawyer will simply take his or her legal fees out of a percentage of your total settlement package. If we lose, you don’t owe us anything. No upfront costs. No hidden fees.
Call Laborde Earles Injury Lawyers Today
At Laborde Earles Injury Lawyers, we’re here to help. Our seaman injury attorneys know that if you’ve been injured, you’re going through difficult times and you need all the help you can get. We can provide you with exactly that. Our lawyers can examine your case and determine the best way forward. To schedule a free case evaluation session, call us today.
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