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Making a Claim for Spinal Cord Injury Compensation

Suppose you injured your spinal cord while working in the maritime industry offshore or in or near navigable waters. In that case, you can pursue full and fair compensation via an insurance settlement or jury verdict. Our maritime spinal cord injury attorneys in New Iberia, Louisiana, will guide you in the appropriate direction.

How the Jones Act Applies to Spinal Cord Injuries for Seamen

The Merchant Marine Act of 1920, known as the Jones Act, extended rights granted to seamen by the Federal Employer’s Liability Act (FELA). (“Seamen” under the Jones Act refers to the individual, regardless of gender.) This law allows you to file a lawsuit against your employer if you sustained an injury while working at sea.

You could also pursue compensation if your spinal cord injury were due to the ship or boat being unseaworthy. However, it’s critical to note that the Jones Act and the unseaworthiness doctrine are the only two paths for a seaman to pursue compensation for a personal injury.

To claim under the Jones Act, you must have spent 30% of your time working on a vessel “in navigation,” and that work must contribute to the work or operation of the vessel. Our spinal cord injury lawyers will explore your eligibility during your initial consultation.

Maintenance and Cure Claim

Once we determine your spinal cord injury is work-related, we’ll help you file a claim for compensation that covers your living expenses and medical costs—your “maintenance and cure” under general maritime law.

Statute of Limitations

The Jones Act establishes a three-year statute of limitations for filing a claim.

Negligence Claim

If your employer’s negligence contributed in any way to your spinal cord injury—which can include negligence by the vessel’s owner, captain, or other crew members—you could file a claim that covers more than just “maintenance and cure,” such as:

  • Lost wages from the time of your injury. This category also includes the difference in wages if you had to take a lower-paying job, or lifetime wages if you can no longer work.
  • Medical costs beyond what you may have collected from a maintenance and cure claim, including long-term care, rehab, in-home care, and adaptation of your home or vehicle if your needs and abilities have changed.
  • Pain and suffering, both current and projected.
    Loss of companionship.

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Unseaworthiness Claims for Maritime Spinal Cord Injuries

You could file an unseaworthiness claim if you sustained a spinal cord injury due to the vessel, equipment, or crew not being reasonably adequate for the intended job.

Did you work on or adjacent to navigable waters in the maritime industry and sustain a spinal cord injury on the job? Then, the Longshore and Harbor Workers Compensation Act (LHWCA) is typically your path to pursuing a claim for compensation.

One key difference between the Jones Act and the LHWCA is that you do not need to prove negligence to file for appropriate compensation under the LHWCA. Again, our maritime spinal cord injury attorneys in New Iberia will help you determine where to file your claim based on your job and circumstances.

LHWCA Claims

To file a claim for compensation under the LHWCA, your injury must be:

  • Work-related.
  • Reported within 30 days of sustaining the spinal cord injury (there are exceptions to this timeframe, as our attorneys will explain).
  • Filed as a claim within the two-year statute of limitations, although exceptions exist for this timeframe as well.

The LHWCA provides for:

  • Temporary total or partial disability
  • Permanent total or partial disability
  • Transportation costs
  • Vocational rehab

There are numerous steps to filing an LHWCA claim. Our maritime injury attorneys can guide you through the complicated route in pursuit of an appropriate compensation settlement.

Laborde Earles Injury Lawyers and Spinal Cord Injuries

Our New Iberia maritime spinal cord injury lawyers aggressively advocate for our clients. We’re fiercely proud of our combined 350 years in the legal arena, and we’ve used that experience to help clients recover more than $1 billion in compensation settlements and verdicts.

When you’ve suffered a severe maritime injury like a spinal cord injury, monetary compensation might not get you back to where you were before the accident. However, it can help you carve a new path in life.

In the legal community, our peers have generously acknowledged the value of our work, recognizing us with these honors:

  • The National Trial Lawyers Top 100
  • AV Preeminent Highest Level of Professional Excellence Martindale-Hubbell
  • The National Trial Lawyers Top 40 Under 40
  • Super Lawyers at SuperLawyers.com
  • Trucking Trial Lawyers Top 10

Client Testimonials Hear from locals like you.

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

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Sylvia Roy

New Iberia

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

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...

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, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

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Sarah Jorden

Marksville

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

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Jenifer Leger Dendy

Lafayette

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

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is ...

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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Tori E.

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica wa...

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica was professional, knowledgeable, and attentive to every detail. She took the time to explain each step of the process, answered all of my questions thoroughly, and made sure I always felt supported and informed.
Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
I highly recommend Erica Ducote to anyone in need of a skilled, reliable, and compassionate paralegal. She truly goes above and beyond!

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maddie jo

Marksville

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

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Lisa S.

Trudy Dupuy is a wonderful asset to the team. She does an amazing job.

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Contact Our Maritime Spinal Cord Injury Attorneys Today

Call our office today to schedule a free initial consultation. The team at Laborde Earles wants to learn what happened to you and answer your questions. We are the Louisiana attorneys who care. Your future matters to us; we will help you fight for it.

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