Even during calm weather or seas, a sudden deckhand accident could occur and result in harsh physical injuries. After this type of accident in New Orleans, workers in these industries typically must pursue their employers for their losses directly since these professions are usually exempt from workers’ compensation laws.
Thankfully, a New Orleans lawyer from Laborde Earles Injury Lawyers may be able to help you protect your legal rights after your deckhand injury accident. We offer new clients a free consultation with a member of our staff. Also, you pay no attorney’s fees unless we recover compensation for you.
The Jones Act and how it Applies to Injuries that Affect Deckhands
Injuries among deckhands are common. They may slip and fall on a wet surface, become crushed by shifting cargo containers, suffer harm in mechanical failures, or fall overboard.
Normally, people who suffer injuries while on the job can receive medical care coverage through a workers’ compensation insurance program. Unfortunately, the maritime industry is exempt from these requirements, meaning that an injured deckhand must pursue compensation for their losses from a different source.
The federal Jones Act provides a path forward. 46 United States Code §30104 gives hurt maritime workers the right to bring a lawsuit against their employer for negligence. These lawsuits may cover related damages.
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Federal Law Places a Strict Time Limit on Jones Act Lawsuits
Lawsuits for deckhand injuries resemble personal injury lawsuits that result from any other accident. The injured party must show that their employer’s failure to keep them safe resulted in their injury. This negligence may involve proving a failure to provide proper safety gear, inadequate security measures, a lack of training, or even an unseaworthy vessel.
In addition, the law places a time limit on when these lawsuits are appropriate. Also known as the statute of limitations, courts may refuse to hear a case if this time limit has expired. According to 46 United States Code §30106, the general time limit on lawsuits under the Jones Act is three years from the date of the incident.
The legal team at Laborde Earles Injury Lawyers could provide more information about how deckhand injury cases closely resemble lawsuits that allege personal injury. We can also work to ensure that a case is not dismissed because of an inability to file a lawsuit within the legally prescribed time limits.
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Our Lawyers Can Help You Pursue Compensation
On top of helping you file a lawsuit on time, you can expect us to handle all the other aspects of your case while you focus on recovering from your injuries.
We can:
Collect and Organize Evidence
The smallest form of evidence can be a great asset to building your case. If you think something can help your case, you need to notify your lawyer so they can add it to your evidence file.
Other forms of evidence include:
- Pictures and videos of the accident
- X-rays or other images of your injuries
- Incident report
- Witness statements
- Expert witness testimony
- Your pain journal that documents your recovery
- Medical records
This evidence will help us identify the liable party and demonstrate how they were negligent.
Deal with Communication
The other party’s representatives might try to call you to get your side of the story. We advise against speaking with them without representation. You may say something that could be used to place some degree of fault on you.
Your lawyer is aware of the tactics used and can manage any communication on your behalf. This way, no one can take advantage of you, and you won’t have the burden of keeping track of emails and phone calls.
Further, your lawyer can negotiate a compensatory award to help ensure you are given an appropriate amount of recovery.
Update You on Your Case
When you hire Laborde Earles Injury Lawyers, you can expect frequent updates about the status of your case. If you have questions or concerns, we will happily answer them so you know you’re totally in the loop throughout the whole process.
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Laborde Earles Injury Lawyers Provides Free Case Reviews for Deckhand Injury Victims
As we said, one of our team representatives will provide you with a free case review when you call our office. From there, we will work on a contingency-fee-basis, so you pay us nothing starting up, out of pocket, or upfront.
Instead, you will:
- Save your money
- Give us an agreed-upon portion of your final compensatory winnings
- Not pay attorney’s fees if we don’t secure an award for you
- Take no risk when you hire us
Learn more in a free case review from our maritime injury team.
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Potential Forms of Compensation You Can Claim Following an Injury
Because a deckhand injury case is similar to other personal injury claims, the goal is also the same. People who demand compensation in these lawsuits are looking to collect the payments they need to be made whole again. This process requires injured deckhands to evaluate every way in which an incident has impacted their lives.
The types of damages you might be able to recoup may include, but are not limited to:
Past and Expected Medical Expenses
The core of the case is always the physical injury. An employer responsible for an injury may be required to provide compensation to cover the costs of all necessary care. Your injuries may require you to:
- Visit an emergency room
- Call in a medical evacuation
- Undergo surgery
- Participate in a lengthy rehabilitation
- Take prescription medications
- Use medical devices (e.g., crutches, wheelchairs, etc.)
Past and Future Lost Wages
In addition, an injury may jeopardize your ability to make a living. If an injury forces you to miss work for a few weeks, you may be able to recover wage reimbursement for this time off the job, such as:
- Bonuses
- Hourly pay
- Vacation days
- Promotions
In more serious situations, an incident can leave you with a permanent disability. This injury may allow you to collect compensation for reduced earning capacity and/or disability.
Pain and Suffering
Finally, many people find that the emotional traumas that result from workplace injuries are just as severe as the physical ones. People who experience pain, post-traumatic stress disorder (PTSD), or other emotional losses may receive compensation for this lost quality of life.
Wrongful Death
If you lost your lost loved one in a deckhand accident, you could recover losses related to their death, such as:
- Funeral and burial costs
- Their medical care
- Your loss of financial support
- Your loss of consortium, companionship, and guidance
A personal injury lawyer in New Orleans from Laborde Earles Injury Lawyers can assist you in placing an accurate value on your deckhand injury case.
Start Building Your Deckhand Injury Case with one of our Attorneys Today
Our lawyers are ready to assist you with your deckhand injury insurance claim or lawsuit. We can explain your rights under the law, evaluate how the incident has affected your life, and demand compensation from the at-fault parties.
Reach out to Laborde Earles Injury Lawyers today at our New Orleans office by calling for your free consultation. We work for a contingent fee, meaning our clients pay us a percentage of the compensation they win via a court award or settlement.
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