Suing Your Employer for Damages After an Off-Shore Accident
Unlike other workers, seamen cannot recover damages simply by filing a worker’s compensation claim. This is why you may have to take legal action against your employer to get compensated for your injuries.
The Jones Act was specifically established to protect off-shore workers who meet the criteria of “seamen.” A seaman is normally a:
- Engineer king on a maritime vessel
- Members of the crew
- Maintenance staff
- Boat captain
- Entertainers on a ship
- Cooks and fish processors
The Jones Act is a federal statute that allows plaintiffs to have their case heard by a state court or a federal district court. The Jones Act will allow you to have a jury trial for personal injury cases.
The Jones Act also allows for a personal representative to make a claim against the employer if the seaman dies from an off-shore accident. A Ville Platte off-shore accident lawyer will help you understand the Jones Act and if your case meets the conditions necessary to make a claim under the statute.
Navigating the legalities of filing a claim under the Jones Act is a difficult task, especially if you are alone. An off-shore accident lawyer will provide you with the assistance you need to prepare for a claim and represent you if need be. Similar to personal injury law, the Jones Act requires plaintiffs to show that the liable party was negligent.
An off-shore accident lawyer has the necessary resources to investigate your case.
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.
ClientHow Do Off-Shore Accidents Occur?
Off-shore accidents mainly occur because oil rig owners fail to take enough precautions. Due to the nature of hazardous conditions in off-shore occupational activities, employers have to ensure that workers are safe.
The presence of defective or poorly maintained equipment can lead to an off-shore accident. Poor working conditions and failure to adhere to safety protocols is also another key reason why off-shore accidents occur. Each port has complete autonomy over its safety and security plan.
An off-shore accident lawyer can determine if the accident you suffered was due to a failure to follow your port’s safety and security protocols. Other causes of off-shore accidents are:
- Collisions between maritime vessels
- Loading and offloading accidents
- Explosions
- Helicopter accidents
- Lack of or inadequate training of workers
Exposure to dangerous substances such as chemicals can lead to off-shore injuries. This normally occurs a certain period of time after the initial exposure. You can still claim damages from your employer.
The first step you should take after an off-shore accident is to seek medical attention. Do not try to simply walk it off or take over-the-counter medication. This is because off-shore accidents often lead to severe or catastrophic injuries. Some of these injuries have delayed symptoms or get worse over time without treatment.
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 | ClientWhat If the Jones Act does Not Allow You to Make a Claim?
The Jones Act covers seamen, but there are off-shore workers who do not meet that criterion. The Longshore and Harbor Workers Compensation Act covers all off-shore workers who are not seamen. These are workers in the following occupations:
- Building of ships
- Repairmen of damaged ships
- Construction workers at harbors
- Conversion and alterations to equipment and machinery of maritime vessels
The Longshore and Harbor Workers Compensation Act gives the above workers a right to seek damages for injuries and diseases sustained in their workplace. The act allows dependents or survivors to seek damages if they have lost their family members to an off-shore accident.
Unlike the Jones Act, you do not have to prove negligence under the Longshore and Harbor Workers Compensation Act. The act allows you to recover medical expenses incurred after an off-shore accident. The expenses include paying for receiving treatment for a work-contracted disease.
The Longshore and Harbor Workers Compensation Act provides that workers receive two-thirds of their weekly pay as they recover from the injury. The process of recovering damages under this act is time-sensitive. You have two years to file a claim under the Longshore and Harbor Workers Compensation Act.
It is a bit confusing to know which legal statute you can use to make a claim. A Ville Platte off-shore accident lawyer from our firm can navigate the legal process for you.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientMaking a Claim Against Third Parties After a Off-shore Accident
You can still make a claim against third parties that were liable for the accident. The third party in an off-shore accident may be the vessel owner or manufacturer of equipment and tools. Third parties are liable if their negligence contributes to the accident.
You can receive benefits from a third party in addition to recovering damages through the Longshore and Harbor Workers Compensation Act. Our maritime accident lawyer can help you determine which third parties you can make a claim against after an off-shore accident.
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.
ClientWork With a Ville Platte Off-Shore Accident Lawyer Today
Recovering damages is often a time-consuming process, especially when you are handling everything alone. A Ville Platte Off-shore accident lawyer will save you time and allow you to focus on recovering. We will handle everything about your case and represent you in court if necessary.
Receive a free consultation today from Laborde Earles Injury Lawyers.
