Lake Charles Seaman Injury Lawyer

The Jones Act

The Jones Act provides that any seaman who suffers harm due to the fault of another person may sue that individual for their medical expenses. In addition, the Jones Act allows seamen to pursue compensatory damages. It means that you and your Lake Charles offshore accident lawyer could seek damages for pain and suffering, lost wages, vocational rehabilitation, and future earning capacity. The Jones Act does allow seamen to seek punitive damages as well, but these are rarely awarded.

Additionally, the Jones Act requires that the seaman prove that the defendant acted willfully, wantonly, or recklessly. In essence, some negligence must have contributed to your accident. For example, if an employer expects a crew member to work in unsafe conditions and the conditions cause that crew member to be injured, that crew member could sue the employer for compensation.

Jones Act Seaman Requirements

To file a Jones Act lawsuit, you must first meet several requirements. You must work on a navigating vessel (an oil rig does count as long as it has some form of controllable navigation), you must contribute to the overall mission of the vessel (for example, a passenger would not qualify), and you must spend at least 30 percent of your working hours onboard. A lake Charles maritime injury lawyer can determine whether you qualify.

The Longshoreman and Harbor Workers’ Compensation Act

Simply put, the Longshoreman and Harbor Workers’ Compensation Act (LHWCA) covers all maritime workers except those who qualify for the Jones Act. It applies to dockers, harbor workers, stevedores, shipbuilders, ship repairers, and those who load and unload ships. For example, a docker who was injured loading cargo onto a barge would be covered by the LHWCA. Likewise, a ship captain injured while working on a cruise line would be covered by the Jones Act.

Under the LHWCA, you and your lawyer can pursue certain benefits after an injury. These include:

• Temporary total disability payments
• Permanent partial disability payments
• Vocational rehabilitation services
• Death benefits

It’s important to note that, unlike the Jones Act, you don’t need to prove negligence in an LHWCA injury claim. A Lake Charles seaman injury lawyer can answer all your questions and help decide which legal path is right for your specific situation.

Statute of Limitations

The statute of limitations (deadlines) in Louisiana are taken very seriously. Missing any of them could mean forfeiting your right to seek compensation. When filing a lawsuit under the Jones Act, you must file within three years of the date of the accident (or three years from the date your injuries surfaced). In addition, you must notify your employer of the injury within just seven days of the accident.

Under the LHWCA, you have up to two years to file your injury claim, and up to 30 days from the date of the accident to notify your employer of your injury. A Lake Charles seaman injury lawyer can help make sure that all of your relevant paperwork is filled out properly and filed on time.