Working on the water can be dangerous in any capacity. Seamen and other maritime workers have a much higher rate of accidents and injuries on the job than land-based workers. These accidents can range from minor to devastating, just like the injuries they cause.
If you are a seaman or maritime worker who has received injuries while working onboard a ship (or in any maritime work environment), a Kenner seaman injury lawyer from our firm can help. We deal with all kinds of situations, from accidents to illnesses at sea, and can help you pursue compensation.
Common Causes of Maritime Injuries
Many factors can contribute to marine accidents, including:
- Slips, trips, and falls. Falling to the deck may cause fractures, back and spine injuries, traumatic brain injury (TBI), and other injuries.
- Toxic chemicals. Cleaning products, scale removers, and solvents for cargo and ships all include hazardous chemicals that may lead to serious health problems if they contact the skin or eyes.
- Shifting objects. Moving derricks, crane equipment, and unsecured cargo may fall, leading to injuries.
- Enclosed spaces. A lack of sufficient ventilation may lead to carbon dioxide and oxygen deprivation, flammable or explosive vapors, or hazardous fumes in confined regions.
- Electrical injuries and burns. Fires, explosions, and scorching in the engine room could all cause serious burns.
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The Jones Act
The Jones Act is a federal law that allows injured seamen to sue their employers for compensation. These wounded seafarers must establish that their employers were negligent in some way or that the ship was unseaworthy (their work environment was in a dangerous state). If you are a seaman and were wounded while aboard your vessel, you might qualify for a Jones Act lawsuit.
To qualify as a Jones Act seaman, you must work on a navigable vessel, contribute your work to the overall purpose of the vessel, and spend at least 30 percent of your working hours onboard. Your Kenner seaman injury lawyer can determine whether you qualify, gather information about your case, and determine the at-fault party, interviewing all relevant parties to build a strong case in your favor.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides compensation for maritime workers injured while working on piers, docks, and other places on or near navigable waterways.
The LHWCA was created to protect maritime workers who don’t fit the description of a seaman and wouldn’t qualify for the Jones Act. The LHWCA applies to harbor workers, stevedores, shipbuilders, shipbreakers, shipping terminal employees, dockers, and more.
Important Deadlines
The LHWCA allows injured workers to submit an injury claim within one year of the date of the incident. Under the LHWCA, you must also report the accident to your employer within 30 days.
Under the Jones Act, you have up to three years from the date you were injured to file your lawsuit, and you must report the accident to your employer within seven days.
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How Can a Kenner Seaman Injury Lawyer Help?
A seaman injury attorney from our firm can do a lot to help you, including:
- Investigating your accident to discover the responsible party
- Gathering evidence and interviewing eyewitnesses who saw the accident
- Looking over photos, security footage, police reports, and ship data to build a solid case
- Working with medical professionals to determine the potential cost of your medical care
- Handling all the necessary paperwork
- Negotiating with the insurance company and your employer’s legal team
- Explaining any terms or concepts you find confusing
- Representing you in court if a settlement can’t be reached
- Keeping you updated on any developments in your case
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What Kinds of Damages Can My Lawyer and I Pursue?
Depending on your situation, you and your lawyer can pursue many different types of damages, but as an injured seaman, maintenance and cure are a good place to start. Maintenance and cure are a stipend paid to injured seamen to provide basic necessities. Your lawyer can help if your employer refuses to pay maintenance and cure. If your injuries are severe, there are more damages you may qualify for that your lawyer can help you pursue.
Maintenance Benefits
Amounts in this category should pay your living expenses while recuperating from your injuries. This can include rent or mortgage, utilities, insurance for a house, food, and property taxes. Note that maintenance does not cover things like internet and phone bills. Your seaman injury lawyer can tell you more about what constitutes maintenance costs.
Cure Benefits
This type of benefit should cover your medical treatment. It also includes the expense of getting to and from medical visits. Some examples of medical fees that you may have experienced or may have to pay in the future include hospitalizations, physical therapy, CT scans and MRIs, medications, and appointments with your doctor.
Further Damages You Could Pursue
Maintenance and cure only cover so much. If your injuries are severe, you may qualify for pain and suffering, mental anguish, lost wages, disfigurement, loss of future earnings, and more. Your Kenner seaman injury lawyer can determine exactly which damages apply to your case.
Contact Laborde Earles Injury Lawyers Today
At Laborde Earles Injury Lawyers, we proudly serve the seamen and maritime workers of the Kenner area and their families. Call us today to schedule your free case evaluation.
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