The work environments seamen face on a daily basis can be quite dangerous. Off-shore accidents can be devastating and leave those seamen with serious injuries. If you’re a seaman and have been injured in an off-shore accident, you may not know where to turn for help. You could find it impossible to work again, and your family could suffer from the loss of income.
A Marksville seaman injury lawyer from our firm can help. Our attorneys can provide assistance, guidance, and an assessment of your legal options. We can handle your claim for compensation from start to finish so you can rest and recover from your injuries.
Common Causes of Seamen Injuries
Off-shore accidents in the types of environments seamen do their jobs in can be frighteningly common, simply due to the nature of the work. Some of the common causes of injuries to seamen can include:
- Lack of proper training for crewmembers
- Irresponsible decision making
- Fatigue from long hours of demanding labor without proper rest or breaks
- Lack of proper maintenance to the equipment
- Not adhering to safety protocols
- Malfunctioning safety equipment
- Improper handling of toxic materials
- General unseaworthiness of the vessel
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How Can a Marksville Seaman Injury Lawyer Help?
Our seaman injury lawyers in the Marksville area understand your rights as a worker under Louisiana law. A seaman injury lawyer can use all of their experience to represent their clients in a legal proceeding. The attorney’s role can be even more significant when the victim is seriously injured since the client can’t do everything independently. A seaman injury lawyer can do a lot to help your case. Some of the things a lawyer can do include:
- Investigation: This is one of the most vital tasks that your attorney could undertake. Your attorney can verify all the details of your accident and make a comprehensive report. If other parties leave anything out, your attorney can ensure everything important is kept in. At this stage, the cause of your accident can be identified, helping your lawyer determine the liable party.
- Negotiations: Your lawyer can negotiate with the insurance company and your employers’ legal team on your behalf. In many cases where workers sue their employers, the employer could prefer to settle to simply make the case go away. Your personal seaman injury attorney can ensure that the offers are fair and can negotiate for a fair settlement, taking the case to trial if an appropriate settlement can’t be reached out of court.
- Litigation: When negotiations in a seaman injury lawsuit fail, an attorney can take the case to trial. Your lawyer could present a persuasive case, doing all he or she can in hopes that the official decisions go in your favor in court.
- Communication: Throughout the experience, your lawyer can give you guidance, offer solid legal counsel on big decisions, explain any legal jargon or concepts you don’t understand, and keep you updated on developments in your case.
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Which Federal Laws Protect Seamen in Marksville, Louisiana?
Traditional worker’s compensation policies don’t apply to seamen. Yet, there is legal protection available to seamen hurt while working on ships, oil rigs, or harbors in the United States.
The Jones Act
As a firm, we understand how serious the consequences of an off-shore accident can be. If your employer acted negligently and caused your injuries, you are entitled to pursue coverage for your lost wages, pain and suffering, medical costs, and more. You can do this with the help of the Jones Act, which allows injured seamen to sue their employers directly for compensation.
To qualify for protection under the Jones Act, you need to be legally considered a seaman. This refers to all persons working on a vessel (an oil rig counts as a Jones Act vessel if it has some form of navigation) for at least 30 percent of their working hours. Additionally, these individuals must contribute to the vessel’s overall mission. If you meet all the requirements and sustain injuries because of an employer’s (or other worker’s) negligence, you can file a lawsuit under the Jones Act.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that covers maritime workers who aren’t considered seamen, and who work on the water or in water-adjacent areas. Eligible workers include ship repairers, dockworkers, shipbuilders, shipbreakers, harbor construction workers, and those who load and unload vessels.
Benefits for workers who make claims under LHWCA cover both temporary and permanent disabilities. Negligence does not need to play a part in your accident under the LHWCA. Your Marksville workers’ compensation attorney can tell you more and determine whether you qualify for LHWCA coverage.
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Types of Damages Covered in a Marksville Seaman Injury Settlement
There are various types of damages that can be covered during a maritime injury settlement. Your Marksville seamen injury lawyer can determine which damages apply to your situation. While the damages differ from one case to the next, the most common include:
- Loss of Earnings: If workers are not working, they can’t meet their daily financial obligations.
- Medical and Living Expenses: After being injured, the victim might have to seek extensive medical assistance and change their living situations to adapt.
- Mental and Emotional Anguish: In some instances, accidents can hurt victims emotionally, causing varying levels of trauma. This damage could pay for therapy or other necessities.
- Disfigurement: In rare circumstances, a worker might lose a body part such as a limb or eye to the accident. This damage could compensate them since the new conditions change their lives forever.
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Call Laborde Earles Injury Lawyers Today
Laborde Earles Injury Lawyers offer free consultations for seamen who have been injured on the job. If you or a loved one are unsure of your next steps, our attorneys can help. We proudly serve the Marksville area and can see your lawsuit or compensation claim through to the end.
If another person’s negligence creates harm, the responsible party can be legally held accountable. Don’t wait until it’s too late to take action. Contact Laborde Earles Injury Lawyers today to schedule your free consultation.
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