Being an off-shore worker comes with various dangers. Thus, you need to keep yourself from any perilous situations. Some causes of injuries in your line of work may include equipment problems, explosions, and fires. Most injuries result from the negligent acts of the employer.
You can seek compensation if you have suffered off-shore injuries while working. A Rayne off-shore accident lawyer from our firm can help. We will be at your side, advocating for your right to compensation. In doing so, you can rest easy and take your time to heal.
How the Longshore and Harbor Workers’ Compensation Act Protects You
The Longshore and Harbor Workers’ Compensation Act (LHWCA) safeguards you in case of an off-shore injury. It allows you to receive compensation for your losses. It also ensures that you get the treatment that you need. If your off-shore injury resulted in a disability, the LHWCA provides vocational rehabilitation for you. The LHWCA covers injuries that happen in America’s navigable waterways.
The LHWCA also covers those who work to load, offload, repair and build ships in nearby locations. off-shore injuries may lead to a victim’s death. The LHWCA is also applicable in this case. The dependents of the deceased are entitled to receive survivor benefits. Your employer or their insurance provider will have the responsibility of paying for such compensation. off-shore injuries also encompass diseases that may plague you due to your line of work.
The LHWCA provides one year to file a claim for compensation. The year gets counted from the day you suffer the off-shore injury. You must report the injury within 30 days, starting from the day of your accident. If you don’t, you risk your chance of compensation. There are other factors to consider under the LHWCA. Your off-shore accident lawyer can inform you about them. This way, you will avoid making a costly error.
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The Jones Act Differs From the LHWCA
The Jones Act gives seamen the right to file a suit against their employer in the event that they suffer injuries during their work. The LHWCA allows you to recover no-fault benefits. This means that it protects your employer from a suit if they pay the compensation amount. But, there are exceptions to this provision. Your Rayne off-shore accident lawyer can inform you if the exceptions apply to your case.
A lawyer can also advise you on what steps to take if the exceptions do apply. The Jones Act and the LHWCA cover different classifications of employees who suffer injuries in their employment. The Jones Act and the LHWCA cannot both apply in your case. A lawyer will examine the details of your off-shore accident.
The off-shore accident lawyer will then inform you which compensation law you can file your case under. Both laws are complicated, and you deserve to focus on your recovery. But, an off-shore lawyer can explain how these laws apply to your case and handle the legal process.
Eligibility for Filing a Claim Under the Jones Act
You have a three-year window to file your claim under the Jones Act. It could be a claim after an off-shore injury or a death of a loved one. The day of the injury marks the start of the three-year period. To qualify for compensation under the Jones Act, you must work on the vessel 30% of the time. Your injuries must be sustained during your employment.
You also have to show that the injury happened due to negligence.
Our personal injury lawyers can help you gather evidence, such as witness testimonies, video footage of the accident, and any photos. Medical records can show the extent of your injuries. Knowing how the accident happened will help you and your lawyer chart the way forward.
Laws governing compensation after an off-shore injury are there to safeguard your rights. But they may be too complicated. An off-shore accident lawyer can assist you in creating a case against the negligent party.
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What a Rayne Off-Shore Accident Lawyer Can Do for You
Recoverable damages in an off-shore accident case differ from person to person. You can recover medical costs for the treatment you underwent or are still undergoing after the accident. Future medical costs are also accounted for in damages. If you cannot work at the same capacity after an off-shore injury, you can get compensation for lost earning capacity. In the recovery period, working may be an impossibility. But, had you been at work, you would have gotten an income.
You can also seek non-economic damages, such as pain and suffering. A Rayne off-shore accident lawyer can gather evidence of your losses, such as wage statements and medical records. By investigating the accident, a lawyer can help show who was liable for your off-shore accident.
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Going to Court
After filing your claim for compensation, it is likely that negotiations will take place. Experts from the insurance companies will take part in the negotiations. A lawyer can help negotiate a settlement without going to court. But, going to court may prove necessary if a settlement cannot be reached. An off-shore accident lawyer can represent you in trial.
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Work With a Rayne Off-Shore Accident Lawyer
An off-shore injury can be devastating to you and your family. To work, you may need to be physically well. You can seek compensation, and a Rayne off-shore accident lawyer from our firm can help.
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