Off-shore employees often work in hazardous conditions and regularly use dangerous machines and chemicals. Off-shore accidents and personal injury are risks maritime workers face every day. Many of these brave workers live right here in the Kenner area.
If you are a maritime worker and have recently been involved in an off-shore accident a Kenner off-shore accident lawyer can help you seek compensation. Your lawyer could help you determine liability, assess damages, and file a claim for your sustained injuries, while you rest and recover.
The Jones Act
The method used to file a claim for a Kenner off-shore accident may vary based on where and how you do your job as a maritime worker. If you are a seaman who works onboard a navigable vessel (including oil rigs and platforms if they have some kind of navigation system) and spends at least 30 percent of your time on the vessel, your lawyer could use the Jones Act. This federal law allows injured seamen in off-shore accidents to file a personal injury lawsuit against their employers for compensation.
To file under the Jones Act, you must notify your employer of the accident within seven days, and then you may file your lawsuit within three years of the date of the accident. A Kenner off-shore accident lawyer can make sure your claim is filed properly and within the time limits.
Liable Parties Under the Jones Act
Under the Jones Act, negligence must have played a part in your injury. Various parties could be liable for a Kenner off-shore accident, depending on how the incident occurred. For example, a fellow employee could be responsible for damages if they failed to observe precautions when using machinery or knowingly used a faulty machine and that carelessness caused your injuries.
Off-shore workers should use protective equipment when working in hazardous conditions. If your employer fails to provide such items, you can hold them responsible if your injuries were a result of that lack. Your lawyer could help you prove that the employer breached their duty of care, leading to your accident. More parties that could be liable for damages include:
- A vessel captain
- The vessel manufacturing company
- Vessel repair and maintenance company
Some off-shore accidents occur due to faulty parts. For example, a hoisting machine may fail due to a defective roller chain or link. This could lead to all sorts of injuries. If your lawyer determines the accident resulted from a substandard part, they could file a claim against the manufacturer.
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Longshore and Harbor Workers’ Compensation Act
Another method your attorney may use is the Longshore and Harbor Workers’ Compensation Act (LHWCA). This law could help you recover damages if you sustained injuries on or near the navigable waterways of the United States.
The LHWCA covers maritime workers whose jobs wouldn’t fit the description of a Jones Act seaman. It covers those who work in the construction, deconstruction, or repair of vessels and those who load and unload vessels.
Under the LHWCA, you have up to 30 days after the accident to report it to your employer. You have up to one year from the date of the accident to file your injury claim. An off-shore accident lawyer serving the Kenner area can help you determine exactly which legal path is right for you.
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Damages You May Pursue After a Kenner Off-Shore Accident
When you file a claim for a Kenner off-shore accident, you may claim a broad range of damages based on the extent and severity of your injuries and how they’ve affected your life. These damages can include:
- Emergency care
- Home nursing care
- Medication, assistive medical devices, rehabilitative therapies, or surgery
- Lost income if you missed work due to off-shore accident injuries,
- Pain and suffering (including physical pain, discomfort, disfigurement, and loss of life enjoyment)
- Damaged personal property
- Mental health
- Travel costs
- Reduced quality of life
- Partial to complete disability
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Wrongful Death Damages After a Kenner Off-shore Accident
If a Kenner off-shore accident results in the wrongful death of a loved one, you may seek compensation against the liable party. One such damage you may pursue is your loved one’s final medical expenses before they passed. More damages you may pursue after a wrongful death include:
- Burial and funeral costs
- Loss of consortium
- Lost companionship
- Lost pay and wages
Your attorney could also help you assess the proper amount to claim for non-economic damages like grief and pain. An attorney from our firm can gently guide you through the legal side of this difficult time.
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How a Kenner Off-Shore Accident Lawyer Can Help
A Kenner off-shore accident lawyer can help you in many ways when pursuing compensation. For example, they can gather evidence to prove liability and help prove each injury. They could also get court orders to acquire proof like video surveillance footage.
Determining fault for some off-shore accidents can be complex, especially if there were no witnesses. Your lawyer could work with various professionals to determine how the incident occurred. For example, they could consult an accident reconstructionist or a forensic expert to analyze physical evidence. More ways your attorney may help include:
- Filing your Kenner off-shore accident case within the given deadlines
- Providing legal guidance
- Answering questions regarding the Jones Act and LHWCA
- Negotiating with insurance companies and your employer’s attorneys
- Filing a lawsuit if a settlement can’t be reached
- Working with your physicians to determine the extent of your injuries and the potential cost of treatment
- Obtaining a copy of the accident report
- Following up on your insurance claim
- Providing case updates to keep you in the loop
Contact Laborde Earles Injury Lawyers Today
A Kenner off-shore accident lawyer can provide you with legal representation and handle the stress and work of your claim while you heal and recover. At Laborde Earles Injury Lawyers, we have a team of attorneys who are ready to help you pursue compensation. Call Laborde Earles Injury Lawyers now to schedule your free case review.
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