Working in the maritime industry can be very dangerous. Everything from improperly stowed gear to slippery decks can result in injury, and those injuries can be quite severe, requiring costly medical care and sometimes disabling the worker permanently. These unique risks have unique laws governing compensation and how maritime workers can go about pursuing it.
If you are a marine worker and have been injured on the job, you may be entitled to compensation for medical costs, lost pay, and more. A Port Barre maritime injury lawyer can help.
Causes of Common Maritime Injuries
A shipowner or maritime employer is responsible for providing a safe workplace for their employees. This means hiring enough staff for the given tasks, ensuring they are well trained, and not requiring unreasonably long shifts without adequate rest and breaks. It also means that all equipment should be properly maintained and in good repair, all gear should be stowed and secured properly, and nothing is malfunctioning, broken, or in any way unsafe. If any negligence is present and these standards aren’t adhered to, an accident is bound to happen, and people could get hurt.
Common maritime injuries sustained on the job could include spinal cord injuries, back and neck injuries, lacerations, traumatic brain injuries, chemical burns, and broken bones.
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How a Port Barre Maritime Injury Lawyer Can Help
Maritime lawyers from our firm have experience in helping maritime workers with injury claims. If you enlist the services of a maritime lawyer, they could do the following to help you with your case:
- Handle safety complaints about unsafe equipment or sea vessels
- Prove negligence or unseaworthiness of a vessel
- Draft legal paperwork
- Negotiate compensation with employers and insurance adjusters
- Take the matter to court if necessary
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What Is Maritime Law?
Maritime law precedes the U.S. Constitution, and it’s the official decree on any trade or navigation on the high seas and other passable waterways. If you’ve been injured at work in any maritime profession, either on or offshore, a maritime lawyer can help you understand the specifics of maritime law that can best help you in your injury claim.
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What Is the Jones Act?
The Jones Act is a federal statute that protects seamen who have been injured at work to seek compensation from their employer. Since crew members are under contractual employment, they have protections under maritime law in case of injury or death in the line of duty. To pursue compensation under the Jones Act, you must first be considered an official seaman. This means you must be a crewmember of a navigable vessel, contributing your work to the ultimate purpose of that vessel, and you must spend at least 30% of your time on board the ship. You must also be able to prove that some form of negligence contributed to your accident.
Under the Jones Act, you have up to three years to file an injury claim from the date of your accident. This will allow you time to report your accident to your employer, gather evidence of negligence from the scene, determine exactly how much medical care your injury needs, and hire a Port Barre maritime injury lawyer if you like.
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The Longshore and Harbor Workers’ Compensation Act
Maritime accidents don’t just happen on ships. The Longshore and Harbor Workers’ Compensation Act (LHWCA) was created to protect any maritime worker who isn’t considered a seaman, and thus, wouldn’t qualify for compensation under the Jones Act. This includes dock workers, shipping terminal employees, shipbuilders, ship repairers, and stevedores.
It’s important to note that the statute of limitations for claims under the LHWCA is different than that of claims filed under the Jones Act. Under the LHWCA, the maritime worker has just one year to file a legal injury claim and the accident must be reported to the maritime worker’s employer within 30 days.
Understanding Maintenance and Cure
“Maintenance and cure” is the legal term for any financial recovery awarded to maritime staff following an accident at work. The payout is as follows:
Maintenance
Since the crew gets free room and board in the vessels, this payout could cover their accommodation costs while seeking treatment on the mainland. This compensation could cover rent, meals, property taxes, mortgage, homeowner’s insurance, and utilities.
Cure
Treating injuries today can come at a high cost that could drastically impact the injured worker’s finances. Cure reimburses you for any sensible and essential medical expenses incurred while treating your injuries. This could include x-rays, installation of a ramp for wheelchair access, blood tests, physical therapy, or prescription medication. You can receive this money until you have completely recovered and are ready to resume official duties. If you suffer enduring disability from these injuries that leaves you unable to work, you may be eligible for permanent disability compensation.
Contact Laborde Earles Injury Lawyers for Legal Counsel
Were you injured while working in the Port Barre maritime industry? A lawyer could help you seek compensation from your employer or boating company. At Laborde Earles Injury Lawyers, we can do the legwork of your case so you can rest and recover. We treat you with respect, compassion, and dignity when you hire us. Let us worry about the legal process as you focus on recuperating from your injuries. Contact us today for a free case review and more information.
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