The maritime industry has a reputation for being extremely hazardous. No one should underestimate the dangers of marine work. Seamen and other maritime workers face the risk of accidents and personal injury every day simply doing their jobs.
If you or a family member has been hurt in a maritime accident on the job, you could be entitled to compensation. A Mandeville seaman injury lawyer can navigate you safely through an injury claim, guiding you and providing counsel every step of the way.
Federal Laws That Protect Seamen and Maritime Workers
The Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are federal statutes that protect marine workers who are injured on the job. Keep in mind that, depending on the sort of marine work you do, you are only covered by either the Jones Act or the LHWCA.
The Jones Act
The Jones Act applies to “seamen” who work in the marine industry. Seamen are those who work on a navigating vessel and spend at least 30 percent of their time onboard. Oil rigs, jack-up barges, cargo boats, and other vessels are all included in the definition of a vessel as long as they have some form of onboard navigation. The Jones Act allows injured seamen to sue a negligent employer directly for compensation.
The Longshore and Harbor Workers’ Compensation Act
The LHWCA gives marine employees certain protections and privileges, and applies to maritime workers who don’t qualify as a Jones Act seaman. Maritime employees who are harmed on navigable waters or in facilities like ports, docks, wharves, terminals, drydocks, or any other facility adjacent to navigable waterways are covered.
A seaman injury lawyer serving Mandeville from Laborde Earles Injury Lawyers can determine which protection applies to you.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Statute of Limitations
Under the Jones Act, you have up to three years from the date of the accident to file your lawsuit. You also have just seven days to report the accident to your employer. This is a very small window of time. You run the risk of losing your entitlement to compensation for your injuries if that time limit expires. It is vital to act swiftly.
Under the LHWCA, you have up to one year of the date of the accident to file your injury claim and up to 30 days to report the injury to your employer.
The time limit is in place to ensure that the evidence acquired is precise and relevant in your case. Not only might witnesses forget essential facts with time, but vital papers may be misplaced or destroyed as well. These situations could make proving your case more difficult as time goes on. Your Mandeville seaman injury lawyer can help you file on time.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
What Am I Entitled to as an Injured Seaman?
Seamen have long had fundamental rights under maritime law, including compensation for personal injuries caused by a vessel’s unseaworthiness. This is known as “Maintenance and Cure” for crew members who are wounded or get ill while on duty.
Both Maintenance and Cure are traditional nautical stipends seamen can access if harmed while in the service of a ship or vessel. Maintenance and cure are paid without consideration to any damages you may be entitled to due to negligence or unseaworthiness (these your lawyer can help you pursue in your injury claim).
When you can’t work due to an accident or disease, an employer must give seamen a certain amount of money every week to cover a limited amount of room and board. The regulation states that your employer must pay you what it would cost you to live on land the same way you did aboard the vessel off-shore.
If you were wounded due to someone else’s carelessness, you might be able to pursue a separate Jones Act lawsuit to pursue more. Your Mandeville seaman injury lawyer can explain which damages apply to your case.
In addition to maintenance payments, each wounded seaman is entitled to cure benefits when they’ve suffered an injury, which means reimbursement of reasonable medical expenditures as they recuperate.
You can sue your employer for maintenance and cure if they refuse to pay for either of them. Employers frequently begin to pay maintenance and agree to cover medical expenditures after receiving a letter from a Mandeville seaman injury lawyer.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
What Types of Damages Can My Lawyer and I Pursue?
Maintenance and cure are good to have, but your lawyer can help you pursue more. The Jones Act and the LHWCA allow wounded seamen and other marine workers to seek compensation for the following categories of losses:
- Wages that have been lost
- Future earning capacity has been lost
- Medical care now and in the future
- Pain and suffering
- Mental anguish
- Loss of support and companionship due to wrongful death
Your employer may try to reimburse your injuries with a minimum amount without admitting fault. This is a common practice. With the help of your Mandeville seaman injury lawyer, you could establish a case resulting in fair compensation for injuries caused by another party, whether it’s your employer, the vessel owners, or even a negligent coworker.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.Client
Call Laborde Earles Injury Lawyers Today
At Laborde Earles Injury Lawyers, we proudly serve the seamen and maritime workers of the Mandeville area and we’re dedicated to preserving your rights. Our seaman injury lawyers can handle your Jones Act lawsuit or LHWCA injury claim while you rest and focus on recovering from your injuries. Contact us today to schedule your free consultation.