The maritime industry can be very dangerous to those working in it. Accidents and injuries are frightfully common occurrences and can range from minor to disastrous. Maritime injuries can leave workers out of a job, having to face mounting medical bills and lost wages. Some accidents are so severe that workers die of their injuries.
If you were injured or lost a loved one in an off-shore accident, our Scott maritime injury lawyers can help you pursue compensation for your injuries, damages, and losses. The attorneys from our firm can take on your entire legal case so you can focus on your family and recover from your injuries.
Common Causes of Maritime Injuries
Maritime accidents are an occupational hazard for seamen and maritime workers. Many are caused by simple human error and negligence, while some accidents can be caused by storms with high winds and wet decks. Other causes of maritime injuries include:
Poor Maintenance
Every part of a ship is essential and must be kept in proper working order. Without proper maintenance, wear and tear may affect the pieces of the ship, causing any number of injuries from broken bones to lacerations. The shipowner is responsible to ensure their vessel is properly maintained, safe, and seaworthy.
Improper or Inadequate Training
Every new crew member must receive adequate training. The maritime company should provide thorough training to avoid accidents and manage disasters if necessary. Training should also happen often enough to provide refreshers to the long-term crew.
Slips and Falls
Slip and fall accidents are some of the most common causes of maritime injury. These can cause broken bones, and head injuries, including concussions and traumatic brain injury. In extreme cases, a crew member could fall overboard and even drown.
Bad Weather and Collisions at Sea
While rough storms may trigger extensive damage to the vessel, collisions can also cause extreme injuries and death. Properly trained and experienced crew members working with well-kept equipment could ideally help prevent malfunctioning radar systems, navigational errors, and other causes of accidents.
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Which Federal Laws Help Maritime Workers Pursue Compensation?
Suppose you have suffered maritime injuries from hazardous working conditions on a vessel or a loading dock. In cases of maritime workplace injury, federal law can provide you with sources of protection, namely the Jones Act and The Longshore and Workers’ Compensation Act.
The Jones Act
The Jones Act is limited to seamen who have sustained injuries on the job due to someone else’s negligence (this could be your employer, the shipowner, or even a coworker). Under the Jones Act, a seaman is anyone working onboard a navigating vessel and spending more than 30 percent of their time on the ship. Seaman can sue directly for damages such as:
- Medical bills
- Pain and suffering, emotional trauma
- Loss of enjoyment of life
- Permanent medical conditions
- Lost wages and earning ability
If you lost a loved one who qualified as a seaman in an off-shore accident, you may be entitled to compensation, including final medical costs, funeral costs, and more. A Scott maritime injury lawyer from our firm can guide you through your legal case during this difficult time, offering solid legal counsel throughout the process.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides for maritime workers who are not seamen and would not be entitled to any compensation under the Jones Act. It can provide payments, medical care costs, and rehabilitation services to injured workers. LHWCA can cover any maritime worker whose job takes place on or near navigable waters, such as piers, harbors, and docks. Possible benefits may include:
- Wage replacement
- Disability benefits
- Death benefits for surviving family members
- Medical costs, including emergency room treatment, out-patient treatment, prosthetics, physical therapy, or prescription medication
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Deadlines for Filing
The deadlines (or statutes of limitations) for filing a lawsuit under the Jones Act and filing an injury claim under the LHWCA are strictly enforced. If you miss these deadlines, you may give up your right to pursue any compensation at all. A Scott maritime injury lawyer can make sure all of your paperwork is handled properly and within the timeframe.
Under the Jones Act, you have up to three years from the date of your accident to file your suit. If your resulting injuries surfaced after that time, you have three years from the date your injuries surfaced. However, you must report your injury to your employer within seven days of the accident.
Under the LHWCA, you have just one year from the date of your accident to file your injury claim. You must report your accident to your employer within 30 days.
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How Can a Scott Maritime Injury Lawyer Help?
A lawyer can help in a lot of ways, including:
- Speaking to eyewitnesses and gathering evidence
- Studying photos of the scene, video surveillance footage, or any police reports to help determine the at-fault party
- Negotiating with insurance adjusters and your employer’s attorneys
- Explain any legal jargon you may find confusing
- Keep you updated on developments in your case
- Represent you in court if necessary
- Working with your doctor to determine how much treatment you may need
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Can I Afford a Maritime Lawyer in Scott?
At Laborde Earles Injury Lawyers, we know that injured maritime workers often face unexpected medical bills and unplanned time off work. Our lawyers work on a contingency basis, so you don’t have to worry about any upfront costs. If we win, and you get compensation, we simply take our legal fees out of a percentage of your total settlement package. If we lose, you don’t owe us anything.
Contact Laborde Earles Injury Lawyers Today
If you are a maritime worker and have been injured on the job, our Scott maritime injury lawyers can help. Let us handle your legal claim so you can rest and recover from your injuries. We can review your case and come up with a game plan to move forward. Call Laborde Earles Injury Lawyers today to arrange your free consultation.
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