Shipyard Injury Laws

A shipyard injury is a unique situation that falls under a different set of laws compared to a typical workplace injury. Maritime employees are required to file any claim for compensation under the Jones Act, 46 U.S. Code § 30104. This law functions similarly to a workers’ compensation system, but there are key distinctions that you should be aware of because they may affect your right to recovery. One of the first things you will need to prove is that you fall into the category of individuals who are protected under the statute.

Shipyard workers fall into this category in most cases, but it may be wise to speak with one of our team members to see how the law applies to the unique facts of your situation. In general, if you work on a vessel or ship that travels on navigable waters, you can seek compensation directly from your employer if their carelessness was the direct cause of your injuries.

You Aren’t Just Limited to Recoup Losses Under the Jones Act

Another law that may apply to your situation is the Longshore and Harbor Workers Compensation Act (LHWCA). This statute provides general protections for people who work in shipyards and are injured on the job. It can even apply to workers who do not perform duties directly on a vessel. We can discuss if this law applies to your unique case during a free consultation.

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Damages in a Jones Act Claim

One of the most pressing questions for any injured shipyard worker is what kind of compensation they may be entitled to receive after filing a claim under the Jones Act. There are many different categories of compensation that you can claim:

  • Past medical expenses
  • Rehabilitation fees
  • Medical equipment and devices
  • Prescriptions
  • Vocational training
  • Lost earnings
  • Reduced earning capacity
  • Pain and suffering
  • Disfigurement or scarring

You might be entitled to other damages that are not listed here. Your lawyer can assess and quantify all your injuries and losses to help ensure you are appropriately compensated. For a free consultation, contact Laborde Earles Injury Lawyers. A New Orleans shipyard accident lawyer from our firm may be able to assist you in recovering the compensation that you seek.

Steps You Should Take After Suffering a Shipyard Injury

If you have other expenses that you incurred as a direct result of your injury, you should make a note of them and discuss them with a New Orleans shipyard accident lawyer. You may be able to claim them in your case for damages.

Another important step to take to help support your claim includes keeping copies of any documents, records, invoices, or receipts that are related to your injuries and expenses. You will also want to see a doctor as soon as possible if you have not already done so.

If you were injured on the job, seeking prompt medical treatment is essential to receiving the compensation that you deserve. It creates a record of your injuries that you may need to use at trial to prove that your job duties were the direct cause.

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Your Lawyer Can Manage Every Part of Your Case

Gathering photos, medical records, and other documents can be tedious, and it’s easy to miss something. Luckily, your lawyer can take over this part of your case, among many others, such as:

  • Showing that the other party was negligent in that they owed you a duty of care, breached that duty of care, and you’re suffering damages from the accident they caused
  • Managing all communication, including emails, phone calls, and letters, with other parties
  • Negotiating a settlement with the other party’s insurer
  • Complying with all Louisiana-mandated deadlines
  • Filing a lawsuit
  • Defending you in court, if it comes to that

We will provide you with responsive care, so you can feel free to ask us any questions and expect frequent case updates.

Pay no Attorney’s Fees Unless We win Compensation

At Laborde Earles Injury Lawyers, you don’t have to worry about fees, such as:

  • Retainers
  • Start-ups
  • Hourly
  • Upfront

Since we don’t request an advancement on our pay, we will deduct a percentage for our services from your final damages. If we aren’t successful, we don’t get paid. By using this payment structure, there is no risk involved.

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Shipyard Injuries Eligible for Compensation

One of the first questions that injured shipyard workers often have for a lawyer is whether they are eligible for compensation. Unfortunately, shipyard injuries happen due to the dangerous nature of this type of work. Even if an employer follows proper safety protocols and procedures, accidents can still occur that leave you in pain and with a stack of medical bills.

Here are a few examples of shipyard injuries that are typically eligible for compensation:

  • Slip and falls
  • Forklift accidents
  • Crane accidents
  • Falling equipment or tools
  • Motor vehicle accidents
  • Burns
  • Exposure to toxic chemicals

Although the facts of each situation vary, you are generally eligible to receive compensation for injuries that happened during the course and scope of your work as a shipyard employee. If you are unsure about whether your injury qualifies, you can speak with a team member at Laborde Earles Injury Lawyers during a free consultation to learn more.

Shipyard Employers Duties to Protect Employees

Because shipyard work is so dangerous, employers have certain duties when it comes to keeping their employees safe and making sure that the workplace is free of unreasonable dangers. Some of these requirements include:

  • Regularly maintaining equipment through inspections and repairs
  • Performing background checks on new hires
  • Performing necessary drug and alcohol screenings
  • Ensuring that employees complete proper training
  • Performing periodic evaluations of employees
  • Assigning a reasonable workload
  • Following all applicable safety regulations according to the Occupational Safety and Health Administration (OSHA)
  • Ensuring there is adequate lighting
  • Ensuring employees are driving safely throughout the shipyard
  • Requiring the use of proper safety equipment

There may be ways that your employer cut corners or failed to ensure your safety. When an employer is careless in this manner, you can claim compensation for any injuries that you suffer as a result. It is important to hold employers liable not only to ensure that your expenses are covered but also to ensure that the dangerous situation is addressed promptly.

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A free, no-obligation consultation with Laborde Earles Injury Lawyers can help you figure out your situation and your legal rights. Bringing a claim may seem intimidating, but a lawyer with our firm can take the headaches and guesswork out of the process.

For a free consultation with one of our staff members, call now. As we work for a contingency fee, you won’t be charged a dime until we secure a compensatory award.

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