More than 400,000 maritime employees work throughout the United States, including those in New Orleans, Louisiana. They each face a higher risk of injury, illness, and death on the job than the average U.S. worker, according to the Centers for Disease Control and Prevention (CDC).
If you or a loved one has suffered injuries from a maritime accident, you may be able to recover damages from your employer that could pay your medical bills and other accident-related losses.
Laborde Earles Injury Lawyers is ready to look at your case to see how a New Orleans maritime injury lawyer can help you take legal action. Call our team today for a free consultation at (504) 777-7777.
How the Jones Act Protects Maritime Workers
The Merchant Marine Act of 1920 (46 U.S.C. § 30104), known as the Jones Act, is a federal law allowing eligible maritime employees to file a personal injury lawsuit against their employer. The law refers to a “seaman,” which includes crew members who work aboard or around vessels and those whose work involves a body of water, such as a river, lake, or ocean.
The Jones Act offers injured workers an opportunity to receive maintenance and cure benefits from their employer if they are injured while working. As the Legal Information Institute (LII) explains, maintenance covers an injured seaman’s daily living expenses, while cure pertains to the seaman’s injury-related medical costs. A lawyer can explain concepts like these in detail as they relate to your case.
When to Pursue a Jones Act Case
If a maritime employee can prove that their employer’s negligence caused their accident, they can seek to hold them accountable under the Jones Act in a state or federal court. Under the Jones Act, an injured worker does not have to prove how their employer is negligent. They only have to prove that their employer’s actions were a factor in their injury.
Examples of maritime employer negligence are:
- Failing to provide a hazard-free work environment, such as keeping ship decks free of spilled liquids like oil or grease
- Failing to train employees on how to use tools and equipment
- Not keeping machinery properly maintained or up-to-date
- Failing to establish or enforce worker safety policies
- Requiring employees to work longer-than-normal shifts or not giving them proper work breaks
If you are injured on the job, you should get medical attention promptly. All injuries are worth a doctor’s examination, no matter how minor they appear. Getting emergency care can also document your injuries and the fact that you sought help right away, which could help your case.
Filing a claim under the Jones Act can be an intimidating process, but a New Orleans maritime injury lawyer with Laborde Earles Injury Lawyers can guide you through it. We can explain your rights and responsibilities under the law and help you fill out the proper claim forms, ensuring you promptly report your injury.
The Longshore and Harbor Workers’ Compensation Act May Apply to Your Case Instead
If you are not sure that you are covered under the Jones Act, call our legal team today so that we can review your legal options with you. You may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
This federal law pays benefits, including health care and rehabilitation services, to workers injured on navigable U.S. waters or in areas related to those waters. This includes employees who load or unload vessels or work to build or repair them.
The LHWCA also pays out survivor benefits to dependents if a work injury causes or plays a role in an employee’s death. If you qualify for LHWCA benefits, we can advise you on that option, as well.
For a free legal consultation with a maritime injury lawyer serving New Orleans, call (504) 777-7777
How a New Orleans Maritime Injury Lawyer Can Help Your Case
Laborde Earles Injury Lawyers can manage your maritime injury case from start to finish. We take care of our clients, anticipating their needs during a challenging time. If you can sue your employer for damages suffered in your accident, you could recover compensation that can pay your:
- Medical expenses for past, ongoing, and future treatment
- Lost or reduced wages from time missed at work
- Loss of potential future wages
- Vocational rehabilitation
- Pain and suffering
- Loss of life enjoyment
- Other accident-related expenses
You may qualify for damages not listed here, so consider speaking with an attorney for specific guidance. A lawyer with our firm can review the details of your accident to determine if you could seek payment for your injuries.
The federal laws pertaining to maritime coverage eligibility and other matters can be challenging for the layperson to follow. This is why working with an attorney who understands the complexities of maritime law could benefit you.
We can examine the evidence you have, collect additional evidence if needed, and value your damages so that you know what your case is worth. We can also communicate with all parties in your case and represent you in all proceedings, making it easier for you to focus on your recovery.
New Orleans Maritime Injury Lawyer Near Me (504) 777-7777
Statute of Limitations for Maritime Injury Cases
If you are thinking about pursuing compensation for a maritime accident, it is best to act as soon as possible. You generally have three years from the injury date if you are suing under the Jones Act, per 46 U.S.C. § 30106.
If you plan to file an LHWCA claim, you have one year from the accident or injury date to do so, per U.S.C. 33 § 913. Missing these deadlines can bar you from seeking compensation for your injuries.
Your lawyer will need time to build a strong case for your compensation, fill out all essential paperwork, and make sure all steps are taken to give your case the attention it deserves.
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Contact Laborde Earles Injury Lawyers About Your Maritime Injury
The sooner you hire an attorney with Laborde Earles Injury Lawyers, the sooner we can start working for you. Give us a call today at (504) 777-7777 so that we can review your case during a free evaluation and help you plan your legal strategy.
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