sail boat

What Causes Maritime Accidents?

Maritime work can be exciting and lucrative, but the risks involved are high. Still, the industry is vital to our economy, especially in Louisiana which has one of the largest numbers of maritime workers in the country. If you’ve been injured while doing your job, it can help to know all of the factors behind your accident. These reasons can affect your chances of receiving compensation or benefits, especially if any negligence was involved. Some of the most common causes of maritime accidents can include:

  • Faulty equipment
  • Lack of proper training
  • Fatigue from overwork
  • Slip and falls
  • Exposure to hazardous chemicals
  • Fires and electrical accidents
  • Repetitive tasks that can cause damage to muscles, nerves, ligaments, and joints
  • Negligence

Explosions are also a significant and all-too-common hazard in maritime settings. Whether resulting from fuel leaks or hazardous cargo, maritime explosions can lead to catastrophic consequences. The confined spaces and volatile materials often present onboard ships increase the likelihood and severity of explosions. If you were injured, a plant and refinery explosion lawyer in Lake Charles will offer compassionate legal guidance.

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What Kind of Compensation Can I Pursue?

What you may be able to receive after your maritime accident essentially boils down to the type of work you do in the industry. Your job description also decides whether you should be filing an injury lawsuit or a claim from the appropriate government agency. A Lake Charles maritime injury lawyer can help you determine which path is right for you.

The Jones Act

The average American worker generally relies on workers’ compensation when they’re injured at work. However, if you’re a seaman—or someone who works on a ship in navigation for a significant amount of time—you have the right to file an injury lawsuit against your employer directly.

This is done under the Jones Act. By “ship in navigation,” the Jones Act refers to when the ship is in the ocean, river, or any navigable body of water. The “significant amount of time” onboard means at least 30% of your time. Speak with an experienced workers’ compensation lawyer to get a better understanding of your legal rights.

You Could Be Awarded Money for Your Damages

The maritime industry can be a difficult one to navigate, with many potential pitfalls that could cause you harm. So, when someone else’s negligence ends up injuring you, a maritime accident lawyer can help you seek fair compensation. A large portion of that compensation is for economic damages. These are costs and expenses that you can measure. They have a specific monetary amount attached to them, and you can usually provide proof with a receipt, estimate, or invoice. Here are a few examples of economic damages you might have after a maritime injury:

  • Hospital stays or emergency room visits
  • Surgery
  • Ambulance costs
  • Prosthetics, wheelchair, or other equipment
  • X-rays and MRIs
  • Lab work
  • Prescription medication
  • Loss of wages during your recovery
  • Reduced potential income due to a disability
  • Lost household income due to a wrongful death

You can also seek non-economic damages—these won’t usually come with a receipt. Examples of this would be pain and suffering, loss of enjoyment, or trauma.

If a maritime worker was killed at a maritime job due to another person’s negligence, then family members can seek reimbursement for loss of companionship under the Jones Act. Obviously, this money doesn’t bring back the loved one you’ve lost. But it can provide you with the strength and resources to face the future with confidence. A Lake Charles wrongful death lawyer can gently guide you and answer all of your questions.

Client Testimonials Hear from locals like you.

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Melanie B.

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the...

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the entire process. He was always patient, knowledgeable, and quick to respond to any questions I had. What stood out most was how genuinely he cared. He made sure I understood every step and always made me feel supported and informed.

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Lafayette

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Marksville

Courtney Marsh has a positive attitude and great attention to detail in her work!

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New Iberia

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Lake Charles

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New Iberia

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Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

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Marksville

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

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New Iberia

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R.S.

Lafayette

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Brittany Johnson

Alexandria

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Lafayette

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Melody Johnson

New Orleans

They have good to keep me updated on the case but so far the settlement has not been reached.

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Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

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Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

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Megan Couvillon

Alexandria

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Michel Lanclos

New Orleans

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

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Tracie Martin

Alexandria

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

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Mimi

Lake Charles

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

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Courtnie Heltz

New Orleans

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

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Patrick Conner

Baton Rouge

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Megan C.

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions ...

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions and concerns, and her professionalism was top notch. Her phone etiquette, and calm and caring attitude was outstanding.

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Gail

Baton Rouge

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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Matt Picard

New Orleans

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I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

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Lauren O'Quinn

New Orleans

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attor...

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attorney who is extremely knowledgeable and you'll never doubt that he'll get the job done!

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anonymous

Car Accident

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

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kelly

Lake Charles

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

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Hannah Johnson

Baton Rouge

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to det...

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jazlynn meece

Baton Rouge

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

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Debbie Fontenot

Marksville

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and ...

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and incredibly responsive. He took the time to explain every step of the process in clear terms and always made sure I felt informed and supported.

His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

If you’re looking for an attorney who is knowledgeable, reliable, and truly cares about his clients, Derek Hebert is an outstanding choice.

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Lafayette

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The Longshore and Harbor Workers’ Compensation Act

Injured maritime workers who do not meet the legal definition of a “seaman” can’t sue their employer under the Jones Act. Instead, they can file for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

The LHWCA provides benefits to injured maritime employees who are not covered by the Jones Act. These can include longshoremen, dock workers, and even those who work in shipyards and shipping terminals.

Potential Benefits

  • The benefits can range from short-term to permanent disability.
  • They often cover all your injury-related medical treatment.
  • If your injury stops you from working, you may get rehabilitation benefits to help you find a new job.

Deadlines

  • To receive these LHWCA benefits, you are required to file an accident report with your employer within 30 days of the date of your accident.
  • The time can also start from the day you realized you’ve been injured (sometimes injuries can take some time to surface).
  • You must file your injury compensation claim within two years of the date of your accident.
  • If you are a seaman filing under the Jones Act, you have up to three years to file and must report the accident to your employer within seven days.

Tests for Eligibility

The Status and Situs Tests are the two key measures of qualifying a maritime employee for LHWCA accident benefits. The test requires the claimant’s job to actively contribute to the maritime nature of their employer’s business, for example:

  • Longshoremen
  • Shipbuilders
  • Ship-breakers

On the other hand, the Situs Test calls for the injured maritime employee to be near navigable water during the accident. A Lake Charles maritime injury lawyer can explain this and other vital issues surrounding your claim.

Call a Lake Charles Maritime Injury Lawyer at Laborde Earles Today

Maritime law is complex, and making it work for you can require significant knowledge. If you’re injured, feeling vulnerable, and under stress, the monumental task of handling your own legal injury claim can be overwhelming. Our Lake Charles offshore accident lawyers can help. Contact Laborde Earles Injury Lawyers today, and we can arrange a free consultation.

A maritime injury attorney from our firm can guide you through the entire legal process. You don’t even have to worry about the cost. We work on a contingency basis and won’t charge any legal fees unless we win your settlement, and you receive compensation. Call Laborde Earles Injury Lawyers today.

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