The maritime industry can be a dangerous one for those working in it. Accidents can happen at any job, but due to the nature of work on or near the water, the injuries maritime workers suffer can be severe. Maritime and off-shore workers take on a high amount of personal risk just doing their job every day. If you or a loved one gets injured in an off-shore accident, you could be entitled to compensation.
A Port Barre off-shore accident lawyer can assist you in filing an injury claim or suing for damages. Laborde Earles Injury Lawyers can sit down with you and discuss how we can help. Our attorneys can handle the paperwork while you focus on recovering from your injuries.
Common Causes of Off-Shore Accidents
While bad weather can play a big role in off-shore accidents, negligence and human error can too, especially those that result in maritime injuries. Some of the most common causes of off-shore accidents can include:
- Not upholding safety standards
- Poorly maintained equipment, causing fire or electrical hazards
- Lack of sufficient training
- Not enough crew for the given workload
- Crew members working too many hours without proper rest and breaks
- Improper handling of toxic chemicals
For a free legal consultation with a off-shore accident lawyer serving Port Barre, call (337) 777-7777
Recoverable Damages You Might be Entitled to
The off-shore accident lawyers at our firm know what damages are recoverable when a victim suffers injuries due to the fault of another party. The following are examples of compensatory damages:
- Medical expenses, including hospital stays, physical therapy, prosthetics, or prescription medication
- Lost wages during recovery
- Reduced potential income because of a disability
- Pain and suffering
- Property damage
- Loss of income after a wrongful death
- Loss of companionship after a wrongful death
Port Barre Off-Shore Accident Lawyer Near Me (337) 777-7777
How a Port Barre Off-Shore Accident Lawyer Can Help
For maritime workers in Port Barre, an off-shore accident lawyer from our firm can assist you with filing injury claims related to off-shore accidents. This could include offshore drilling operations, commercial fishing boats, offshore production vessels, or even construction vessels.
A lawyer can represent you in negotiations with your employer’s attorneys or the insurance adjuster. Your lawyer could help prove negligence in your case by gathering important evidence. Your lawyer could offer advice and legal support throughout the process, guiding you and answering any questions you may have along the way. Your off-shore accident lawyer could choose to use either the Jones Act or the LHWCA to aid your claim.
The Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, was enacted to protect seamen from unfair treatment and provide an avenue for compensation when off-shore accidents result in injury. To file an injury claim under the Jones Act, you must first qualify as a seaman, which means contributing to the work of a vessel in navigable waters. You must also spend a significant amount of time (a total of 30% or more) on board the ship.
Why Liability Is Vital to Your Jones Act Case
Under the Jones Act, some negligence must have taken place in your accident (and it must be proven) to file for any sort of compensation. In many cases, the negligence resulting in accidents belongs to the employer or shipowner. For example, if you were burned in an electrical fire as a result of malfunctioning equipment, the shipowner should have ensured the equipment was properly maintained and in good working order before the vessel left port.
A shipowner or employer has a responsibility to provide a safe work environment and ensure that his or her vessel is seaworthy. Anything less is negligence. Your Port Barre off-shore accident lawyer can help find and prove the instances of negligence involved in your injury and pinpoint the at-fault party.
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The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers maritime workers not considered seaman and who wouldn’t qualify for the Jones Act. This means anyone involved in maritime work on or adjacent to navigable waters. This includes shipyard workers, dockworkers, tugboat operators, oil rig workers, and shipping terminal employees.
In addition, under the LHWCA, negligence does not have to play a part in the off-shore accident to file for compensation.
Deadlines Under the Jones Act And LHWCA
There are strict time limits to file claims under both of these acts. If you do not file your lawsuit within the allotted period, you will lose your right to pursue it. Under the Jones Act, you have up to three years to file your injury claim. The Jones Act also follows general maritime law in that you must report the off-shore accident to your employer within seven days.
Under the LHWCA, you have just one year from the date of your accident to file an injury claim, and up to 30 days to report the incident to your employer (though it’s best to do this as soon as possible).
Can I Afford a Lawyer?
At Laborde Earles Injury Lawyers, our off-shore accident attorneys work on a contingency basis. This means that we don’t charge anything upfront, and you don’t pay any legal fees unless we win, and you receive a settlement. You can rest easy knowing a lawyer from our firm is working on your behalf, without worrying about how you’re going to pay for it.
Contact an Off-Shore Accident Lawyer at Laborde Earles
If you’re a maritime worker or seaman and have suffered an injury, you may be entitled to compensation. At Laborde Earles Injury Lawyers, we take your case seriously and can ease you through the legal process. Let our lawyers do the hard work of your case so you can rest and recover. We offer free consultations—contact us today for more information.