Every person in New Orleans deserves the chance to earn a living free from the fear of workplace-related injuries or illnesses. For most workers, this includes protection from these losses through workers’ compensation insurance programs. Unfortunately, these laws do not cover the maritime industry. As a result, employees who work on seagoing or river-going vessels must pursue compensation for a workplace injury in a different manner.
Federal law states that maritime workers may hold their employers directly liable for any injuries that occur on the job. This includes barge workers in New Orleans. If you have suffered a workplace injury while working as a member of a barge crew or in a maintenance capacity, you may be able to sue your employer for your losses.
A New Orleans barge accident lawyer from Laborde Earles Injury Lawyers may be able to help with this process. The legal professionals at Laborde Earles Injury Lawyers can explain how federal law overrides workers’ compensation protection for maritime employees. They can also take the lead in gathering evidence that connects your losses to time spent at work and demand fair payments in or out of court.
Give us a call today at (504) 777-7777 for a free consultation with a member of our maritime injury team.
The Jones Act and Barge Injuries
Most workers in New Orleans enjoy protection under the state’s laws concerning workers’ compensation. These laws require almost every employer to obtain this protection and provide it to workers at no cost.
Unfortunately, maritime workers are one of the key exceptions to this rule. Instead, the owners of vessels may be directly liable to their workers for injuries that occur while on the job. This is in stark contrast to workers’ compensation insurance plans that automatically cover the costs of all necessary medical care while offering cash benefits for time missed on the job.
Specifically, 46 United States Code § 30104, known as the Jones Act, empowers the employees of boat owners to sue their employers for their losses connected to a workplace injury. Additionally, 46 United States Code § 30106 says that the time limit on these lawsuits, also called the statute of limitations, is typically three years from the date of injury.
A New Orleans barge accident lawyer from Laborde Earles Injury Lawyers could provide you with more information about the Jones Act and the legal steps that an injured employee must take under this law.
For a free legal consultation with a barge accident lawyer serving New Orleans, call (504) 777-7777
Proving Fault for a Barge Workplace Injury
Traditional workers’ compensation insurance functions on a no-fault model. To collect benefits under these plans, an employee does not need to prove that their employer’s actions were responsible for the incident.
By contrast, claims for compensation under the Jones Act place the burden of proving fault for an accident on the injured employee. Much like in other personal injury claims, hurt people must prove that it was the boat owner’s failure to keep them safe that resulted in their injuries.
The legal team at Laborde Earles Injury Lawyers could take the lead in investigating the incident that injured you. This can include speaking to other workers who observed the injury, obtaining maintenance records concerning the ship’s upkeep, discovering video footage of the incident, and even evaluating an employer’s training methods that may have left workers vulnerable to accidents.
Reach out to us today at (504) 777-7777 to see how we may be able to help you to gather evidence of the responsible party’s liability for your injuries. Your initial consultation with our team is free.
New Orleans Barge Accident Lawyer Near Me (504) 777-7777
Injured Barge Workers May Deserve Compensation to Set Things Right
Claims for compensation under the Jones Act are very similar to other personal injury claims. An affected worker must be able to measure how the incident has impacted their life and make proper demands from at-fault barge owners.
Of course, the most immediate concern is the costs of medical care. This can include medical evacuation, emergency room care, surgery, and rehabilitation.
In addition, the incident may leave a person unable to return to work. If this is a temporary condition, the boat owner may be liable for the costs of all lost wages until the employee can return to the job. In situations where an inability to work is permanent, that boat owner may be required to provide compensation for future lost wages as well.
Finally, many of these incidents are traumatic events that can affect a person’s mental health. If you are experiencing flashbacks, nightmares, or other forms of post-traumatic stress, you can demand compensation for this lost quality of life as well.
Laborde Earles Injury Lawyers can help you pursue a claim or lawsuit for appropriate compensation based on your specific losses.
Laborde Earles Injury Lawyers Can Help with Your Barge Accident Case
If you have suffered an injury while working on a barge in New Orleans, you may be coping with limited mobility, a recovery process, and a complex legal path ahead of you. Fortunately, help is available from Laborde Earles Injury Lawyers.
A New Orleans barge accident lawyer from our firm can take the lead in the legal actions necessary in your case. We understand the Jones Act and its impact on workplace injuries in the maritime trades. Our firm can then work to gather evidence concerning your accident, tie it to the responsible party’s negligence, measure how the incident has impacted your life, and demand fair payments on your behalf.
Give us a call today at (504) 777-7777 for your free consultation with our client intake team. As soon as you are ready, we are prepared to take your call.