Being a worker in the maritime industry can often mean that you face danger on a daily basis. These risks are faced by those who work on ships, but also by harbor employees, dock workers, and many others. These everyday perils can lead to injuries or sometimes even death.
The good news is that there are maritime laws in place that give maritime employees a chance to recover damages for injuries they get on the job. Through these maritime laws, workers can seek monetary compensation to help cover resulting expenses. However, Maritime law is complex and can be confusing, especially if you’ve been injured and are feeling overwhelmed. A Marksville maritime attorney can provide guidance on filing your claim.
Most Common Sources of Maritime Injuries
There are many sources of maritime injuries. A high number of accidents are caused simply by dangerous weather. However, human negligence is often the cause of maritime injuries. As a maritime worker you have the right to seek compensation if your injuries were caused by negligence, either partly or fully.
Conditions out on the water have the potential to be highly dangerous. Thus, maritime workers must possess great skill, undergo extensive training, and always maintain vigilance. Doing so can greatly reduce the number of maritime accidents and even save lives. But people are prone to error and many of their mistakes can lead to injury.
Conditions that encourage human error (and accidents) can include:
- Working for extended periods without rest
- Failure to properly train workers
- Extreme pressure on the job
There are many common maritime accidents that can occur as a result of human error and negligence. They can include machinery failure, onboard fires, trips and falls, or movement of a shipment that is poorly fastened. Any of these could cause injury. A more severe accident may even involve the vessel crashing into permanent, immovable objects. Distinguishing the real cause of your maritime accident may be challenging. A Marksville maritime injury lawyer could help you find out if negligence brought about your accident and injuries.
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How to File a Claim Under the Jones Act
The Jones Act is legislation that aims to safeguard maritime workers who suffer injuries while working. It provides an avenue for them to file a claim to obtain compensation. For you to qualify under the Jones Act, you must be considered a seaman (captain, crewmember, or other ship worker) working on a navigable vessel and spend at least 30% of your hours on it. You must also file your suit within three years of the physical harm or death that resulted from the maritime accident.
By working with our Marksville maritime injury attorneys, you can rest easy knowing your Jones Act claim will get filed properly. We can take into consideration the time within which your accident occurred to make sure your case is not dismissed or barred.
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How the Longshore and Harbor Workers’ Compensation Act Can Help
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a provision by the federal government. This legislation caters to maritime workers who suffer injuries that result from accidents that happened on America’s navigable waters. It can also cover injuries that occurred in areas adjacent to navigable waters, including those used in loading, emptying, fixing, and constructing ships.
The LHWCA allows these injured professionals to seek the possibility of lost pay, coverage of medical treatment, and vocational rehabilitation. If your loved one died due to injuries they suffered from a maritime accident while working, the LHWCA can also provide death benefits. An experienced Marksville workers’ compensation lawyer can help you determine whether you qualify to file a claim under the LHWCA.
The Jones Act and the LHWCA may seem similar, but there are important differences. The Longshore Act is a federal provision whereas the Jones Act is not. One crucial difference in the LHWCA is that you must provide a written notice to your employer within 30 days of either your injury or the date you realize you have sustained physical harm or disability linked to the accident. Failure to do so may endanger your right to recover damages. A maritime lawyer in Marksville can help you file your claim properly and steer you safely through the complex legal process.
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Damages You May Be Able to Recover
Recovering damages for injuries that you suffered while at work as a maritime worker is something a maritime injury lawyer can help you with. The Jones Act makes it possible for you to seek those damages. You may be able to recover lost income and lost future earning potential. You also may be entitled to lost wages if you’re unable to work and earn money due to a maritime injury.
Conversely, if you’ve suffered a disabling injury that makes you unable to return to the maritime industry, you may have had to find a different, lower-paying job. In this case, you may be entitled to compensation for the income you would have earned in the future had you been able to continue maritime work.
Other damages can include medical costs both now and in the future. You may also recover damages for the pain and suffering you’ve experienced as a result of the maritime injury. If the accident resulted in the death of a maritime worker, their family may have a right to receive death benefits for the loss of support.
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How a Laborde Earles Maritime Injury Lawyer Can Help
An injury or death resulting from a maritime accident can be overwhelming. If this happens to you in Marksville, there are avenues you can take to see if you’re entitled to compensation. A maritime injury lawyer can help fight for you and handle all the details of your case. If you have been injured and are seeking closure and compensation after a maritime accident, reach out to a Laborde Earles Marksville maritime injury lawyer.
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