Maritime accidents can be unbearably painful and result in severe injuries for you or your loved ones. The maritime industry is physically demanding and full of personal risk for the workers who bravely face them each day just going to work. However, when a captain or dock worker gets injured at work, it can be a challenge to pursue compensation.
If you or someone you love has been hurt in a maritime accident, a maritime injury lawyer serving the Maxie area can help. There are several laws designed to help injured maritime workers, and your lawyer can determine which one is right for your situation and walk you through the entire process.
What Causes Maritime Accidents?
Working at sea is inherently dangerous, and ships must be seaworthy to create a safe workplace environment. When a maritime catastrophe occurs, the vessel can be far from help. Getting outside help might be delayed even more if there is significant damage to the vessel, such as an onboard explosion.
Maritime accidents have a wide range of factors that cause them. Many, such as extreme weather conditions, are unavoidable. However, many other accidents are avoidable. Workers harmed in a marine accident caused by negligence can seek compensation under the Jones Act (see more below). Some common causes of maritime accidents can include:
- Abuse of drugs and alcohol, or other reckless behavior
- Improper handling of toxic materials
- Lack of adherence to safety standards
- Malfunctioning safety equipment
- Exhaustion from working too many hours without rest
- Lack of training and inexperienced crew
- Unseaworthiness of the vessel
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The Jones Act
The Jones Act was created in 1920 to provide seamen with an avenue for compensation. This allows you to file a lawsuit directly against your employer when you’re injured at work. To qualify, you must work on a navigating vessel and spend at least 30 percent of your time onboard. In addition, you must be able to prove that negligence played a part in your accident. Your Maxie maritime injury lawyer can help with this.
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The Longshore and Harbor Workers’ Compensation Act
If you do not meet the requirements of the Jones Act, you may be able to file under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This law applies to dock workers, oil rig workers, shipping terminal employees, or anyone working on or near navigable waters.
Statutes of Limitation for the Jones Act and the LHWCA
The statutes of limitations (deadlines) for filing a lawsuit under the Jones Act or an injury claim under the LHWCA are strictly followed. If you miss any of these deadlines, you could be giving up your right to seek any compensation at all.
Under the Jones Act, you have exactly three years from the date of the accident to file your lawsuit. You must also report the injury to your employer within one week of your accident. Under the LHWCA, you have just one year from the date of your accident to file your injury claim and you must report the accident to your employer within 30 days.
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How a Maxie Maritime Injury Lawyer Can Help
There are many things a maritime injury lawyer can do for you in the Maxie area, including:
- Reviewing photos, video surveillance footage, police reports, or safety data
- Investigating your case to determine cause and liability
- Speaking to eyewitnesses
- Filing all paperwork properly and on time
- Negotiating with insurance adjusters and your employer’s legal team
- Keeping you up to date on any developments in your case
- Working with your doctor to get an idea of the severity of your injuries and the potential cost of treatment
- Explaining any legal jargon or concepts you’re confused about
- Determining an appropriate amount of compensation and negotiating your settlement
- Representing you at court if necessary
A maritime injury lawyer from our firm can help with every aspect of your injury claim or lawsuit. Let our attorneys in Maxie work on your case so you can focus on healing.
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Types of Compensation Recoverable in Maritime Injury Cases
- Medical Bills and Medical Care in the Future: Even if your health insurance covers your treatment costs, copays and deductibles can add up to thousands of dollars. You might be entitled to request money for future medical diagnosis and treatment if the incident resulted in significant injuries that will require continuing care.
- Earnings Loss and Future Revenue:You may have to take significant time off work to heal from a maritime injury. You could find yourself out of work for several weeks or months as you recover in some circumstances. A maritime injury claim or lawsuit may help you obtain the compensation you would need to restore your lost revenue and meet your financial responsibilities.
- Physical Disfigurement or Impairment: If your injuries have made you entirely or partially handicapped, you may be eligible for compensation for physical disability.
- Pain and Suffering: This is for injuries that have taken a severe toll on your ability to enjoy life.
In addition, if you’ve lost a loved one in a maritime work accident, you may be eligible for survivor’s benefits, which could include partial lost wages, loss of companionship, or even funeral expenses. No amount of money will bring your loved one back, but this compensation could be used as a resource to help you face the future and move forward. One of our lawyers serving the Maxie area can tell you more and gently guide you through the legal process during this difficult time.
Call Laborde Earles Injury Lawyers Today
If you have a maritime injury or a loved one was the victim of a maritime accident, you may be eligible for compensation. We work on a contingency basis, which means you don’t owe us anything unless we win for you. Contact Laborde Earles Injury Lawyers for a free consultation. We can evaluate your case and answer any questions you may have with no obligation. Call today.
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