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.
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, our accident lawyers can take the lead on your case, so the legal process is not an added burden for you.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow a Lawyer from Our Firm Can Help
A New Orleans barge accident lawyer from Laborde Earles Injury Lawyers may be able to help with this process. Our legal professionals can explain how federal law overrides workers’ compensation protection for maritime employees.
We can investigate the situation, take the lead in gathering evidence that connects your losses to time spent at work, and demand fair payments in or out of court. We will also manage all communications with other parties involved and make in-court appearances on your behalf.
We want to secure justice and compensation for you, and we will do everything we can to make this happen. You are not alone; Our boat accident lawyer knows how to handle these kinds of cases and can fight for you. We offer strong legal representation and will defend your rights.
Give us a call today at (504) 766-3732 for a free consultation with a member of our maritime injury team.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientYour Accident Lawyer Can Prove 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, attorneys of injured parties must prove that it was the boat owner’s failure to keep them safe that resulted in their injuries.
We Take on Your Case While You Focus on Recovering
The New Orleans boat accident attorneys 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.
You should not have to worry about proving fault in a claim or lawsuit when you should be taking care of yourself after an injury. We’ll do all the heavy lifting.
Reach out to us today at (504) 766-3732 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.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientThe 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.
Common Types of Barge Accidents and Injuries
If you were injured as a barge worker, then you may be eligible for compensation, regardless of the type of injury. However, there are several common causes of injuries in barge workers, and the nature of these injuries may help your lawyer determine fault.
Common accidents include:
- Being struck by equipment
- Falling from the boat
- Asphyxiation from lack of oxygen or toxic gas
- Being crushed by falling objects
- Explosions and fires
- Slip and falls on deck or off of equipment
If you or your loved one suffered injuries as a result of accidents like these, your accident attorney can investigate the incident and determine who is at fault.
Deadlines to Know After Your Boat Accident
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.
It may seem like you have a while to take action, but it is best to reach out to us soon after your accident. Our lawyers need plenty of time to work on your case. Evidence can vanish quickly, so we need to get the ball rolling right away. We want the best outcome for you.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientContact Us Today for a Free Consultation and to Secure Your Accident Attorney
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) 766-3732 for your free consultation with our client intake team. As soon as you are ready, we are prepared to take your call. We will listen to the details of your case and inform you of how we can help.