The off-shore maritime industry is more dangerous than average land-based jobs. The workers who make their living in the maritime industry bravely face the risk of personal injury every day. Many of them live right here in Jeanerette. When off-shore accidents do occur, they often have long-lasting impacts on the victims and their families.
You could be entitled to compensation if you sustained an off-shore injury in your work. There are a unique set of maritime laws that govern compensation in case of an accident. However, these laws can be complex and difficult to understand. A Jeanerette off-shore accident lawyer can help you with your case, explaining anything you find confusing and guiding you throughout the process.
Common Causes of Off-Shore Accidents
Off-shore accidents can often happen because of negligent behavior by the employer. A lack of proper management in off-shore work is likely to result in accidents. To safely assemble and operate the necessary equipment, adequate engineering supervision must be present and proper training given to anyone using these devices. If this doesn’t happen or is lax in any way, off-shore accidents can happen.
If your employer does not ensure adequate training of workers, it may constitute recklessness. Workers who take on tasks that are beyond their training level endanger both themselves and others.
Some employers give off-shore workers little time for rest. In such cases, the number of hours logged can increase the revenue generated. But, long working hours with short resting periods can reduce efficiency. When you are overworked and sleep-deprived, there is a higher chance that you will make an error and cause a dangerous accident.
A Jeanerette off-shore accident lawyer can help you prove that your accident was the result of negligence. Your lawyer can fully investigate your case, pinpoint the at-fault party in your accident, and ideally, gather evidence that proves it.
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Federal Acts That Allow You to Recover Damages in an Off-Shore Accident
Maritime law provides several ways to seek compensation for your off-shore accident. You may be eligible to obtain compensation under certain laws depending on where and how you do your job.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a piece of legislation by the federal government. It provides for the payment of damages, treatment costs, and job re-training services that you may need after an off-shore accident. The LHWCA applies to injuries that occurred on the navigable waterways of America or its adjacent areas. These adjacent areas include those used in loading, offloading, fixing, or assembling a vessel.
The surviving family members of a maritime worker who died as a result of an off-shore injury may recover benefits under the Longshore Act. You could be eligible for loss of companionship, final medical bills, or even funeral costs.
There are some exceptions to eligibility under the LHWCA. Here are some reasons you would not be covered:
- You were intoxicated at the time of your off-shore accident
- The accident resulted from your own deliberate wrongful acts
- Your particular work category is not covered by the LHWCA
A Jeanerette off-shore accident lawyer can determine whether or not you can receive benefits under the Longshore Act for your injuries.
The Jones Act
Your off-shore accident and resulting injuries may be a result of your employer’s negligence. The Jones Act allows injured seamen to bring a lawsuit against their employer for negligent actions that led to their injuries. You can also file a claim under the Jones Act in case of wrongful death. You can file to recover damages under the Jones Act if your employer was negligent in any way that resulted in your injuries or the death of a loved one.
The Jones Act only covers seamen. This means you must work on a navigable vessel and spend at least 30 percent of your time on board the vessel. You must file your lawsuit within three years of the date of your accident and your employer must be notified within just seven days. An off-shore accident lawyer serving the Jeanerette area can make sure you file on time and help you understand other ways the Jones Act applies to your case.
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Damages You Can Pursue in an Off-Shore Accident Claim
Your lawyer can help you pursue a number of damages that may pertain to your specific situation and injuries. Some of these could include:
- Your medical costs: This may be the most expensive result of your off-shore accident. Serious injuries, which can be common in off-shore accidents, can land a lot of maritime workers and their families in a financial crisis.
- Lost income: When recovering from your injuries, you may be unable to go to work and earn income. You can pursue compensation for lost income.
- Lost future earning capacity: This is important if your off-shore injuries leave you unable to work as before or totally unable to work.
- Pain and suffering and mental distress: This is when your injuries cause you extreme pain and the overall experience has had a lasting impact on your mental health.
Your Jeanerette off-shore accident lawyer can examine your case to determine exactly which damages you could pursue in your injury claim.
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Call Laborde Earles Injury Lawyers Today
At Laborde Earles Injury lawyers, our attorneys are ready to help. Our off-shore accident lawyers proudly serve the Jeanerette area and can handle your entire injury claim while you rest and recover from your injuries. Contact Laborde Earles Injury Lawyers today to schedule your free consultation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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