Jobs on ships and oil rigs – as well as in shipyards and harbors – come with inherent risks. Severe injuries can happen too often, leading to mounting medical expenses, lost wages, and tremendous hardship for you and your family.
If you or somebody you love suffered injuries in a maritime accident, an Opelousas maritime injury lawyer from our firm could pave the way for your financial recovery. Sea law is complex, and personal injury claims may involve one or more federal laws.
At Laborde Earles Law Firm, LLC, our Opelousas personal injury lawyers have over 350 years of combined experience fighting for injured victims. Contact us for a free consultation.
How a Maritime Injury Attorney Can Help
When you hire a personal injury attorney from Laborde Earles Injury Lawyers, you get our whole team’s support and guidance. We provide comprehensive legal services. While every case is different, here are some of the ways we may help:
Free Consultation
We’ll evaluate your case and let you know what we think. If you have grounds for a claim and we think we can help, we can begin assembling our strategy. If you don’t have a claim, we’ll let you know that as well. We want to give you our best advice so you can make informed choices.
Investigate Your Accident
Maritime and offshore accidents can occur for a wide range of reasons. We will investigate what happened in order to identify the responsible party and begin to seek compensation for your injuries.
Navigate Louisiana’s Maritime Laws
Maritime law can be complicated, and expecting you to decipher it on your own is a lot to ask. Our skilled maritime injury lawyers in Opelousas can explain your rights and help you get the financial compensation you need.
Calculate Maximum Compensation
We will consider your economic damages, such as medical bills, future medical expenses, lost wages, and property damages, to arrive at a fair compensation amount.
We will also consider non-economic damages, such as emotional stress, pain and suffering, and loss of enjoyment of life, though they can be more difficult to prove.
Negotiate With Insurance Companies
Our personal injury attorneys can file your compensation claim and negotiate your settlement on your behalf. Ideally, we will reach a fair agreement at the negotiating table. If not, we can represent you in a personal injury lawsuit.
Our maritime injury lawyers in Opelousas may need to take other steps to guide your case, such as representing you in court. We’ll ensure you know what to expect from the process and notify you as developments occur.
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.
ClientOverview of Maritime Law
United States federal law recognizes maritime professionals as unique and essential contributors to the national flow of commerce. As such, special laws at the federal level are intended to protect maritime workers by providing them and their families with compensation for workplace injuries or fatalities.
Some examples of common injuries that may give rise to a claim include:
- Neck injuries
- Brain injuries
- Burn injuries
- Toxic fume or smoke inhalation
- Electric shock
- Slip and fall injuries
- Broken bones or lacerations
Unlike employees in other industries, maritime workers are often not covered under workers‘ compensation policies. Below, we’ve broken down the federal laws that offer coverage in place of Louisiana’s workers’ compensation program. We can review your case to determine which to file a claim under, as well as any other legal options you may have.
The Jones Act
The Jones Act extends coverage to sea-based employees who spend more than 30 percent of their time working on a ship in navigable waters. A claimant must show that management was negligent in maintaining the vessel and that this failure to provide safe working conditions caused them to suffer injuries.
For example, an understaffed ship that has malfunctioning equipment, operates under unsafe orders, and/or provides inadequate staff training could be subject to a Jones Act claim.
Not all maritime workers are covered under the Jones Act. Depending on the circumstance, other laws may be more pertinent to your case.
The Death on the High Seas Act
If a maritime worker loses their life in waters more than 3 nautical miles from the United States coast, certain relatives of the deceased may seek compensation for their loss through the Death on the High Seas Act (DOHSA).
To do so, the claimant must prove that the employer, shipowner, or another party was responsible for the death due to negligence or the vessel’s unseaworthiness.
According to the United States Code 46 § 30302, the damages available to a prospective DOHSA claimant are limited to pecuniary – or measurable out-of-pocket—expenditures. Unlike a wrongful death claim, this cause of action forbids the collection of damages like pain and suffering and loss of consortium and society.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
A third federal law covers maritime workers who work on land. Unlike the Jones Act, the Longshore and Harbor Workers‘ Compensation Act (LHWCA) covers:
- Shipbuilders and repairers
- Shipbreakers
- Harbor or dock construction workers
- Longshore operators, whether at sea or on land
In other words, this law applies to injuries that may occur during the loading, unloading, building, or repairing of a vessel.
The LHWCA provides for a claims process through a Department of Labor oversight body responsible for workers’ compensation claims. After a claimant or their maritime accident lawyer submits the proper documentation and claim form, the body reviews the request. If the body rejects a claimant’s application, an administrative law judge (ALJ) can hear the dispute.
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 | ClientContact a Maritime Injury Attorney in Opelousas
After suffering from a maritime workplace injury, you may be facing a long recovery period, pain, significant time away from work, and serious financial burdens. An Opelousas maritime injury attorney from Laborde Earles can help you seek compensation.
Our team will analyze your claim to determine which maritime law or combination of laws would result in the best possible outcome for you. Contact our team today for a free case assessment, and we can help you on the path to financial recovery.
