Working in Louisiana’s maritime industry is not only physically demanding but is also very dangerous. The possibility of off-shore accidents and injury is a risk that Maxie’s seamen and maritime workers face every day simply doing their jobs.
If you’re a seaman or maritime worker and have been injured in an off-shore work-related accident, you could be eligible for financial compensation. A Maxie off-shore accident lawyer can help you navigate the legal process.
The Jones Act
Off-shore crew members face serious risks in their occupation. These workplace hazards can be increased when ship owners or employers do not properly maintain the seaworthiness of their vessels. If you are working as a crew member in any maritime vessel, you may already know about the Jones Act.
The Jones Act gives injured seamen the right to sue their negligent employers if that negligence results in their injury. To qualify as a Jones Act seaman, you must work on a navigable vessel, contribute your efforts to the success of the overall mission of the vessel, and spend at least 30 percent of your working time onboard.
Under the Jones Act, you have up to three years from the date of the accident to file your lawsuit. You must also report the injury to your employer within just seven days of the date of the accident. A Maxie off-shore accident lawyer can determine whether you qualify for the Jones Act and tell you more about what you need to recover damages.
Negligence Under the Jones Act
Under the Jones Act, you must prove your employer’s negligence. If you are a seaman, you have to show that your employer played a part in causing the accident that caused your injuries. This is one of the main conditions of the Jones Act. Your Maxie off-shore accident lawyer can help with this.
Your lawyer can investigate the accident and determine the responsible party. Determining what caused the accident is key to finding out who are the liable parties. The parties at fault may be:
- A fellow crew member
- The vessel’s owner
- Your employer
- Manufacturers of machines and equipment
Any of these people or entities could be held legally responsible if their negligent actions (or inaction) contributed to your injuries. An off-shore accident lawyer can also help gather the evidence to prove it.
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What Kinds of Damages Can My Lawyer and I Pursue?
The worth of your claim largely depends on the extent of your injuries. The first factor affecting the worth of your potential settlement is the cost of present and future medical treatment. This is one of the reasons it’s important to get treatment at a hospital immediately after the accident. Correctly estimating how much future treatment could cost is not easy. A Maxie off-shore accident lawyer can work with doctors to determine your future medical costs.
The second factor affecting your claim is wages lost while you’re in recovery. The court will also take into account whether you have lost future earning capacity when awarding damages. Your lawyer can also pursue the following when assessing the worth of your settlement:
- Pain and suffering
- Psychological distress
- Physical impairment
- Disfigurement
- Vocational rehabilitation
Survivor’s Benefits
If a seaman dies in an off-shore accident, a spouse, children, or even the seaman’s parents could collect survivor’s benefits. You could be entitled to loss of companionship, loss of support, loss of consortium, final medical bills, or even funeral expenses.
A Maxie off-shore accident lawyer from our firm can determine which damages you qualify for, answer all your questions, and gently guide you through the legal side of this incredibly difficult time.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers maritime workers who wouldn’t fit the qualifications of a seaman and wouldn’t qualify for the Jones Act.
The LHWCA applies to maritime workers who work on or near navigable waterways, like piers, wharves, docks, or shipping terminals. This includes harbor workers, dockers, stevedores, shipbuilders, shipbreakers, ship repairers, and more.
The LHWCA provides benefits if you are injured or have contracted diseases due to your occupation. You can recover medical expenses, disability, and more. Under the LHWCA, you do not need to prove negligence. You must file within one year of the date of the accident and you must notify your employer of the accident within 30 days. A Maxie off-shore accident lawyer can tell you more about the LHWCA.
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How a Maxie Off-Shore Accident Lawyer Can Help
Your Maxie off-shore accident lawyer can do a lot for you. Your lawyer can help you file the accident report and make a statement for your employer’s insurer. Your lawyer can help you understand which law allows you to make a claim for damages, investigate your accident, gather evidence, and talk to any eyewitnesses.
Your lawyer can handle negotiations with the insurance company and your employer’s legal team, represent you in court if necessary, and ensure that you do not miss the statute of limitations or any other important deadlines in your case.
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Call Laborde Earles Injury Lawyers Today
Recovering damages on your own after any type of accident can be a very lonely journey. You may have to take on numerous parties who try to deny or reduce your compensatory damages. You don’t have to do this alone.
A Maxie off-shore accident lawyer from our firm could be by your side providing solid legal counsel and support every step of the way. Get in touch with Laborde Earles Injury Lawyers today to schedule your free consultation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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