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Making a Claim for Spinal Cord Injury Compensation

Suppose you injured your spinal cord while working in the maritime industry offshore or in or near navigable waters. In that case, you can pursue full and fair compensation via an insurance settlement or jury verdict. Our maritime spinal cord injury attorneys in New Iberia, Louisiana, will guide you in the appropriate direction.

How the Jones Act Applies to Spinal Cord Injuries for Seamen

The Merchant Marine Act of 1920, known as the Jones Act, extended rights granted to seamen by the Federal Employer’s Liability Act (FELA). (“Seamen” under the Jones Act refers to the individual, regardless of gender.) This law allows you to file a lawsuit against your employer if you sustained an injury while working at sea.

You could also pursue compensation if your spinal cord injury were due to the ship or boat being unseaworthy. However, it’s critical to note that the Jones Act and the unseaworthiness doctrine are the only two paths for a seaman to pursue compensation for a personal injury.

To claim under the Jones Act, you must have spent 30% of your time working on a vessel “in navigation,” and that work must contribute to the work or operation of the vessel. Our spinal cord injury lawyers will explore your eligibility during your initial consultation.

Maintenance and Cure Claim

Once we determine your spinal cord injury is work-related, we’ll help you file a claim for compensation that covers your living expenses and medical costs—your “maintenance and cure” under general maritime law.

Statute of Limitations

The Jones Act establishes a three-year statute of limitations for filing a claim.

Negligence Claim

If your employer’s negligence contributed in any way to your spinal cord injury—which can include negligence by the vessel’s owner, captain, or other crew members—you could file a claim that covers more than just “maintenance and cure,” such as:

  • Lost wages from the time of your injury. This category also includes the difference in wages if you had to take a lower-paying job, or lifetime wages if you can no longer work.
  • Medical costs beyond what you may have collected from a maintenance and cure claim, including long-term care, rehab, in-home care, and adaptation of your home or vehicle if your needs and abilities have changed.
  • Pain and suffering, both current and projected.
    Loss of companionship.

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Unseaworthiness Claims for Maritime Spinal Cord Injuries

You could file an unseaworthiness claim if you sustained a spinal cord injury due to the vessel, equipment, or crew not being reasonably adequate for the intended job.

Did you work on or adjacent to navigable waters in the maritime industry and sustain a spinal cord injury on the job? Then, the Longshore and Harbor Workers Compensation Act (LHWCA) is typically your path to pursuing a claim for compensation.

One key difference between the Jones Act and the LHWCA is that you do not need to prove negligence to file for appropriate compensation under the LHWCA. Again, our maritime spinal cord injury attorneys in New Iberia will help you determine where to file your claim based on your job and circumstances.

LHWCA Claims

To file a claim for compensation under the LHWCA, your injury must be:

  • Work-related.
  • Reported within 30 days of sustaining the spinal cord injury (there are exceptions to this timeframe, as our attorneys will explain).
  • Filed as a claim within the two-year statute of limitations, although exceptions exist for this timeframe as well.

The LHWCA provides for:

  • Temporary total or partial disability
  • Permanent total or partial disability
  • Transportation costs
  • Vocational rehab

There are numerous steps to filing an LHWCA claim. Our maritime injury attorneys can guide you through the complicated route in pursuit of an appropriate compensation settlement.

Laborde Earles Injury Lawyers and Spinal Cord Injuries

Our New Iberia maritime spinal cord injury lawyers aggressively advocate for our clients. We’re fiercely proud of our combined 350 years in the legal arena, and we’ve used that experience to help clients recover more than $1 billion in compensation settlements and verdicts.

When you’ve suffered a severe maritime injury like a spinal cord injury, monetary compensation might not get you back to where you were before the accident. However, it can help you carve a new path in life.

In the legal community, our peers have generously acknowledged the value of our work, recognizing us with these honors:

  • The National Trial Lawyers Top 100
  • AV Preeminent Highest Level of Professional Excellence Martindale-Hubbell
  • The National Trial Lawyers Top 40 Under 40
  • Super Lawyers at SuperLawyers.com
  • Trucking Trial Lawyers Top 10

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Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's,...

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

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I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the...

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the entire process. He was always patient, knowledgeable, and quick to respond to any questions I had. What stood out most was how genuinely he cared. He made sure I understood every step and always made me feel supported and informed.

Wesley’s professionalism and compassion truly set him apart. He made a stressful situation so much easier, and I’m incredibly grateful for all of his hard work. I highly recommend Wesley and the entire Laborde Earles team. They really do put their clients first.

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Lafayette

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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New Orleans

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

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Marksville

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated Toxic Water Claim. Mr. John Chaillot has been instrumental in advising me on documentation, timelines, and all matters pertaining to my case. A true professional and appreciated. Thank you.

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Stephan C.

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

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Contact Our Maritime Spinal Cord Injury Attorneys Today

Call our office today to schedule a free initial consultation. The team at Laborde Earles wants to learn what happened to you and answer your questions. We are the Louisiana attorneys who care. Your future matters to us; we will help you fight for it.

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