Off-shore workers face a lot of risks in their occupation. An accident could impair your ability to earn a living wage. If you or your loved one has sustained injuries in an off-shore accident, you can work with a Terrytown off-shore accident lawyer to seek compensation.
A lawyer can help you navigate through the complexities of making a claim after an off-shore accident.
Different Laws Apply to Off-Shore Accidents
Determining the laws that can help you recover damages is a tricky process. For instance, there is a law that applies to seamen only. This is the Jones Act which came into law in 1920. The law applies to all harbors and ports of the country.
A Terrytown off-shore accident lawyer will help you understand if you can make a claim using the Jones Act. The act was primarily intended to protect off-shore workers and crew members involved in accidents while working.
The Jones Act holds ship owners liable if their negligence leads to an off-shore accident. The employer or shipowner is liable in the event that:
- The accident occurred while you were working on the vessel.
- The employer or ship owner acted in breach of their duty of care.
- The injury you sustained was a result of the breach of duty.
The Jones Act is applicable if you were working on an off-shore vessel in the sea, ocean, or any other navigable waters. An off-shore accident lawyer can determine if your specific case qualifies for a claim under the Jones Act.
Steps to Take When Claiming Damages Under the Jones Act
You have to take certain steps to build a case for recovering damages. The Jones Act places the burden of proof on the plaintiff. A maritime injury lawyer from our firm can help.
A lawyer will advise on what actions you have to take to build a case. For instance, the lawyer will tell you to ensure you have reported the off-shore accident to your captain or supervisor. Seek medical attention from any local health facility. Keep the records of your treatment and any medical expenses you have paid out of pocket.
Having a Terrytown off-shore accident lawyer by your side means that you have:
- A negotiator
- Someone to represent you in court when necessary
- Someone who can investigate the accident
- A litigator who will pursue your claim to completion if it goes to trial
An off-shore injury lawyer will protect your interests despite the many parties you face in your case. This may include third parties, your employer’s insurers, or attorneys.
Recoverable Damages Under the Jones Act
The Jones Act provides a range of economic and non-economic benefits that you can recover from your employer. For instance, during your recovery, the Jones Act stipulates that the cost of medical care you are receiving should get paid by your employer. The medical costs covered by the damages should also include any future treatments you may receive.
The wages you have lost due to the accident are also recoverable. In some cases, the injuries sustained in an off-shore accident are so severe that you are unable to work for a significant period of time. Your employer will cover the wages you have lost during this time.
Other damages you can seek include:
- Partial or total disability
- Medical equipment bought for in-home use
- Pain and suffering
- Cost of trauma counseling
The recoverable damages will depend on the severity of your injuries. The strength of your case will also influence how much you may be able to recover. You will be able to receive more damages if you can prove that your employer was negligent. The Jones Act allows seamen to recover damages if their injuries were a result of another crew member’s negligence.
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How Can Non-Seamen Seek Damages After an Off-Shore Accident?
According to the Bureau of Safety and Environmental Enforcement (BSEE), there were approximately 160 injuries attributable to off-shore accidents in 2020. These injuries are not exclusive to seamen only. Non-seamen can make a claim for damages through the Longshore and Harbor Workers’ Compensation Act.
The act specifically relates to workers involved in:
- Loading and unloading maritime vessels
- Repairing maritime vessels
- Building maritime vessels
The act also covers construction workers at harbors. Congress recently extended the Longshore and Harbor Workers’ Compensation Act to cover non-seamen injured while working on navigable waters.
The Longshore and Harbor Workers’ Compensation Act allows you to recover damages for any injuries or illnesses that may arise out of your employment. The recoverable damages under the act are quite similar to the ones under the Jones Act. For instance, you can recover medical expenses for physical therapy and vocational rehabilitation.
The Longshore and Harbor Workers’ Compensation Act allows your dependents to qualify for damages if you die after an off-shore accident. A Terrytown off-shore accident lawyer will help you understand how you can recover damages based on the two laws for seamen and non-seamen.
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Work With a Terrytown Off-Shore Accident Lawyer Today
You and your family should not have to bear the financial costs of an off-shore accident. You can seek damages with the help of a Terrytown off-shore accident lawyer. An attorney can help you negotiate with or take legal action against the liable parties.
Receive a free consultation from Laborde Earles Injury Lawyers today.
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