Maritime work comes with an enormous share of risks and at-work hazards for the brave men and women who make their living in the maritime industry. Many of these workers live right here in the Port Barre area.
Unfortunately, traditional workers’ compensation doesn’t apply to seamen and other maritime employees. As a result, these cases can be very complex. However, a Port Barre seaman injury lawyer from Laborde Earles Injury Lawyers can help you sue the liable party for compensation, guiding you throughout the entire process.
What Are the Common Causes of Seaman Injuries?
The following are the common causes of seaman injuries:
- Poorly maintained vessel, ship, boat, oil rig, or platform
- Faulty equipment
- Fatigue-related injuries due to overworking
- Natural disasters and bad weather
- Failure to uphold maritime regulations or safety protocols
- Incompetent or poorly trained crew members
- Co-workers’ negligent acts
- Employer’s failure to provide necessary equipment or gear
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.Client
What Should I Do After Suffering a Seaman Injury?
The first few actions you take after suffering injuries in a marine environment can determine your safety and well-being, and even influence your compensation claim. You can do the following immediately after a maritime accident:
Get Medical Help
Seek medical assistance to alleviate your pain and prevent infections or further damage. Your health is the most important thing you have. Seaman injuries can be fatal and, if not treated fast, may lead to amputations, disabilities, or chronic pain.
Report the Injury
As soon as possible, report the injury to your supervisor or management. It helps you create a solid piece of evidence to support your claim. Additionally, the management can help you access first aid or emergency medical services. This is an important document. Your lawyer can be with you and help you fill it out if you like. You can hire a lawyer immediately after the accident.
Keep Copies of all Documents
Keep copies of medical reports, bills, and the accident report you made to your employer. These can all be used as evidence in your case.
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 | Client
How do I Pursue Compensation After a Seaman Injury?
The U.S. legal system has two pieces of legislation that give you a legal right to pursue compensation for a maritime injury. These acts are:
The Jones Act
The Jones Act is a federal law that gives your employer the responsibility to create and maintain safe working conditions, supply necessary equipment, and uphold maritime regulations for your safety. Under the Jones Act, a seaman can sue their employer for injuries sustained in the line of work. If the employer is negligent in any way and that negligence results in an injury, you can sue for compensation.
A seaman refers to any employee who works on or around a navigating vessel, spends at least 30 percent of their time onboard the ship, and has responsibilities on the vessel contributing to its overall mission. Seamen can therefore include onboard sailors, cooks, cleaners, captains, oil rig workers, engineers, and technicians. A Port Barre seaman injury lawyer can determine whether you qualify and explain your legal options.
The Longshore and Harbor Workers’ Compensation Act
Suppose you aren’t a seaman but work at a dock, terminal, shipyard, or harbor to offload, load, repair, or service the vessels. Or you work onboard a vessel, but don’t meet the requirements of a Jones Act seaman. In these cases, you can pursue compensation for injuries sustained at work under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The LHWCA does not require proof of negligence to pursue your compensation.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
How Can a Port Barre Seaman Injury Lawyer Help?
A seaman injury attorney can do a lot for you and your case. Your lawyer could:
- File a claim against the liable party
- Investigate your accident to find reliable evidence
- Negotiate with the insurance company and your employer’s legal team
- Take the lawsuit to trial if the responsible party fails to accept the settlement terms
- Handle all the paperwork for you
- Answer all your questions and keep you up to date on case developments
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.Client
What Is Maintenance and Cure in Maritime Law?
Maintenance and cure are basic, guaranteed damages you can recover following maritime injuries. “Maintenance” covers your daily expenses and utility bills as you recover from the injuries, like rent and electricity. “Cure” covers medical expenses, such as hospital bills, medication, and medical equipment.
Maintenance and cure can often be a meager amount, and employers can be stingy with it at times. Having your lawyer with you could help you get a higher amount. Pursuing a Jones Act lawsuit or LHWCA claim with your Port Barre seaman injury lawyer could entitle you to much more. These damages could include:
- Wrongful death
- Pain and suffering
- Emotional distress
- Mental anguish
- Decreased quality of life
- Lost wages and salaries
- Reduced earning capacity
What Is the Deadline for Filing a Seaman Injury Claim?
Under the Jones Act, you have three years from the date of the accident to file your lawsuit. You must also report the injury to your employer within just seven days. Under the LHWCA, you have one year to file your injury claim and up to 30 days to report the injury to your employer. Your seaman injury attorney serving Port Barre can file on time and handle everything as you focus on recovery.
Call Laborde Earles Injury Lawyers Today
At Laborde Earles Personal Injury Lawyers, our attorneys work on a contingency basis, which means you only pay us if you get a settlement. You won’t pay any upfront fees, and our case evaluation is free of charge and confidential. Call Laborde Earles Injury Lawyers today to schedule a free consultation.