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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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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At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

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Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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New Orleans

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working ...

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working with. Her attention to detail is unmatched.
She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
Beyond her incredible skill set, Bridgette is also kind, reliable, and a true team player. She communicates clearly, stays organized under pressure, and goes above and beyond to make sure clients and attorneys alike feel supported.
You can tell she genuinely cares about her work and the people she helps.
If you're lucky enough to have Bridgette as your paralegal, you're in the best possible hands. Five stars isn't enough for someone this exceptional!

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Brittany Johnson

Alexandria

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

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

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New Iberia

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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New Orleans

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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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