Work accidents can happen anywhere, but they can be the most severe in the maritime industry. Maritime accidents have the potential to be devastating. The resulting injuries to maritime workers and seamen can be life-changing. A Ledoux maritime injury lawyer can help.
If you’re a maritime worker and have been hurt in an accident at work, you may not know where to turn. A Ledoux attorney from our firm can walk you through your injury claim or lawsuit, offering guidance and solid legal advice throughout your case.
Common Maritime Injuries
Maritime accidents can be brutal and have many causes. The maritime industry can be a thrilling, yet dangerous field to work in. Some of the most common maritime injuries can include:
- Broken bones, fractures, and lacerations
- Head injuries, including concussions and traumatic brain injury
- Soft tissue injuries, including sprains and strains
- Loss of hearing from exposure to loud machinery
- Spinal cord injuries
- Lung damage from exposure to toxic chemicals
- Burns from explosions or electrical fires
- Hypothermia or frostbite from exposure to extreme temperatures
Every case is different. Your Ledoux maritime injury lawyer can help you choose which legal route to take as you pursue compensation for your injuries.
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The Jones Act
If you work as a seaman on a navigating vessel (including oil rigs if they can move) for at least 30 percent of your time, you are likely to be covered by The Jones Act. Eligible seamen could include captains, drillers, engineers, deckhands, and fishermen, as long as they meet the qualifications.
The Jones Act gives eligible maritime workers the right to sue their employers for compensation after workplace injuries. However, you will have to prove that your accident was caused by negligence in one form or another (the responsible party could be your employer, the shipowner, or even a coworker).
Proving Liability Under the Jones Act
If your Ledoux maritime injury lawyer can prove that the vessel owner was negligent, they may be held liable for your injuries. Under maritime law, a vessel can be deemed unseaworthy while still sailing or navigating the water if that ship provided unsafe work conditions for the staff.
The vessel owner must provide safe equipment for crewmembers to work with and adequate training on how to safely use it. If the shipowner won’t make necessary repairs and you suffer injuries as a result of the vessel’s condition, you may have a viable claim against the shipowner. Your lawyer can help pinpoint the at-fault party.
What Kinds of Compensation Can I Pursue Under the Jones Act?
The Jones Act allows you to sue if you are injured on the job. As a result, you may be able to seek some of the same types of damages you would in a personal injury claim, such as:
- Lost wages
- Pain and suffering
- Loss of life’s enjoyment
- Loss of companionship
Maintenance and Cure Under the Jones Act
The Jones Act states that even if there was no negligence involved in your accident, you have the right to maintenance and cure. Maintenance refers to compensation for a worker’s daily living expenses after an injury. Cure refers to payment for medical care, which may include:
- Surgery
- Physical therapy
- Medications
- Prosthetics or other medical devices
- Hospitalizations
- Emergency treatment
Deadlines to File Under The Jones Act
Jones Act lawsuits are subject to a deadline called the statute of limitations. This deadline is three years from the date of your injury or the date your injuries surfaced. You must also report the accident to your employer within just seven days.
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The Longshore and Harbor Workers’ Compensation Act
If you or your loved one were injured while working on a dock, pier, oil rig, vessel, terminal, platform, or ship repair facility, you may be eligible to file a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This act provides similar rights to the Jones Act, but you don’t need to be working on a vessel or considered a seaman to pursue compensation. In addition, under the LHWCA, you do not have to prove negligence.
Deadlines to File Under the LHWCA
You have one year from the date of the injury to file an LHWCA claim, and you must report the accident to your employer within 30 days.
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How Can a Ledoux Maritime Injury Lawyer Help?
After a maritime accident, a lawyer can help you and your case in a lot of ways. Some things a Ledoux maritime lawyer could do include:
- Filing your paperwork properly and on time
- Gathering evidence and talking to eyewitnesses
- Investigating your case to determine cause and liability
- Negotiating with your employer’s attorneys and the insurance company
- Working with your doctors to determine the extent of your injuries and how much treatment could cost
- Representing you in court if necessary
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Can I Afford a Ledoux Maritime Injury Lawyer?
Here at Laborde Earles, we understand that when you’re injured unexpectedly, you also have to deal with unexpected medical bills. This can be especially stressful if you’ve also had to take time off work to recuperate. This is just one of the reasons that our Ledoux maritime injury lawyers work on a contingency basis.
It means you don’t have to worry about any upfront costs or advance payments. In fact, if we win and you receive your compensation, your lawyers will simply take their fees out of a percentage of your total settlement package. You’ll only pay us a percentage of your compensation after you win.
Call Laborde Earles Injury Lawyers Today
If you’re a seaman or maritime worker and have been hurt in an accident at work, our Ledoux maritime injury lawyers can help. Let us handle the hard work of your claim or lawsuit so you can rest and heal from your injuries. Contact Laborde Earles Injury Lawyers today to schedule your free consultation. We can review your case, make a plan to move forward, and answer any questions that you have.
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