Lafourche Parish Maritime Injury Lawyer
Accidents that cause maritime injuries can occur when people working in the maritime industry are negligent. However, they can also occur when victims are enjoying recreational activities, such as swimming or boating.
Regardless of whether you were engaged in work or play, if you suffered an injury in an accident caused by another party, contact a seasoned personal injury attorney. A Lafourche Parish maritime injury lawyer may be able to discuss what legal options you may have.
Are Maritime Workers Covered Under Workers’ Compensation?
When an employee sustains a job-related injury, they are usually covered by their state’s workers’ compensations laws. Maritime workers who suffer injuries on the job are covered under federal laws written specifically for them, including the Jones Act and the Longshore and Harbor Workers’ Compensation Act. There are other general maritime laws that may also apply.
These laws guarantee that injured maritime workers will receive compensation or maintenance and cure if they suffer an injury while performing job duties while aboard vessels on navigable waters and on docks, piers, terminals, and wharves. If the injury leaves the worker unable to go back to their previous position, then they may also be entitled to vocational rehabilitation services. A maritime injury attorney in Lafourche Parish could provide more information.
What is The Jones Act?
In a regular workers’ compensation case, state law usually prohibits the injured worker from filing a lawsuit against the employer for their injuries, even if the accident or incident that caused the injury was due to the negligence of the employer. That is not the case with certain injured maritime workers.
For example, under the Jones Act, an injured maritime worker may be able to file a civil lawsuit with a Lafourche Parish lawyer, against the employer if it was an employer or co-employee negligence that caused the injuries. The claim rests upon the rule that the owner must provide the crew with a seaworthy vessel that is a reasonably safe place to work.
Damages that an injured maritime worker can pursue under the Jones Act include:
- Medical expenses
- Loss of income
- Loss of benefits
- Pain and suffering
- Emotional anguish
If the worker died as a result of their injuries, their spouse and/or dependents can pursue a wrongful death action against the employer. In addition to past medical expenses and loss of wages and benefits, survivors can also pursue damages for loss of support to the spouse and/or children and loss of care and household services the victim provided, as well as pain and suffering and mental anguish of the victim prior to death and funeral and burial expenses.
To be able to file a lawsuit under the Jones Act, the victim must be a crew member of a vessel in navigation. It is also important to know that whether an individual is a victim filing an injury claim or a survivor filing a wrongful death claim, there are statutes of limitations in place for both.
If someone suffered an injury while working, they should seek medical treatment immediately and make sure they save all documents from their medical provider. They should file an accident report with their employer immediately, being careful to follow whatever procedure their employer has in place.
Recreational Accidents
The state of Louisiana has more than 7,500 miles of coastline, providing a countless number of waterways for residents and visitors to enjoy. Unfortunately, that also means there are a high number of boating and other water activity accidents that occur each year. Injuries caused by recreational accidents are injury cases that fall under the general maritime law, but sometimes under Louisiana tort law. Speak with a maritime injury lawyer in Lafourche Parish to learn more.
Speak with a Lafourche Parish Maritime Injury Attorney
Whether on the water for work or pleasure, if you suffered a maritime injury due to the actions of another, you may be able to recover compensation. The Jones Act, General Maritime Law, and the Longshore and Harbor Workers’ Compensation Act protect maritime workers while people enjoying Lafourche Parish’s coastline in recreational activities such as boating and fishing can file an injury claim.
If you suffered an injury in a boating accident, or other maritime accident, caused by the negligence or recklessness of another party, contact a Lafourche Parish maritime injury lawyer to find out how we can help you obtain financial compensation for the losses your injuries have caused.