St. Mary Parish Deckhand Maritime Injury Lawyer
Deckhands play an important role on all types of ships. However, during their maintenance of the ship, their work is fraught with risks. Deckhands are particularly susceptible to slip and fall accidents and falling overboard. These workers may be entitled to monetary compensation if they are injured while performing their duties.
A St. Mary Parish deckhand maritime injury lawyer can analyze the facts of your case and determine whether your claim is eligible for compensation. If a seasoned maritime injury attorney deems your case viable, they can help you build your case and recover a fair compensation.
Types of Claims Available for Deckhand Maritime Injury Accidents
A seaman who is injured while in the service of the vessel may have their medical expenses paid for by their employer. The injured seaman is also entitled to be treated by a physician of their choosing and not the company doctor. This medical treatment is known as “cure” and allows the individual to continue receiving treatment at the employer’s cost until they receive maximum medical improvement.
The employer may also be required to provide “maintenance,” which is the rough equivalent of room and board, so long as the seaman is deemed unfit for duty. Maintenance and cure are awarded regardless of fault. If the employer unfairly refuses to pay for medical treatment or begin payment of maintenance following notice, the injured seaman may seek damages for unfair refusal, including attorney fees and punitive damages.
Injured seamen may also file a negligence claim, which provides victims who were injured by their employer’s fault while working on a vessel with monetary compensation. With the help of an experienced St. Mary Parish deckhand maritime injury attorney, an additional claim can also be made for damages for personal injury if the ship was not seaworthy or safe.
How Does Federal Law Impact Cases in St. Mary Parish?
While Louisiana laws require most employers to maintain workers’ compensation policies to compensate those who are injured on-the-job, workers who sustain injuries on vessels are not covered by these laws.
Instead, the available remedies for their injuries are covered by the Jones Act (46 U.S.C. 30104), which allows seamen injured in the course of their employment to initiate legal action under the federal maritime law. Lawsuits filed under the Jones Act and General Maritime Law must be brought within three years of the date of the accident. It is important to note that Jones Act negligence is limited to employees who work aboard vessels operating in navigable bodies of water. Consequently, it does not cover injuries to passengers, employees of floating casinos that are affixed and do not leave shoreside, or workers on fixed oil rig platforms. There is a General Maritime Law negligence remedy for injured passengers that are not part of the crew of the vessel.
Recoverable Damages for Maritime Injuries
When a deckhand suffers an injury through employer negligence, an injury claim may be brought under the Jones Act. Damages can include compensation for:
- Past and future medical expenses
- Past, current, and anticipated future lost income
- Pain and suffering
- Wrongful death
An accomplished St. Mary Parish deckhand maritime injury lawyer can assist an injured individual with recovering damages following an accident.
Contact a St. Mary Parish Deckhand Maritime Injury Attorney
Under federal maritime law, a deckhand who suffers injuries as a result of negligence or unseaworthiness is entitled to compensation for their injuries. Unfortunately, when a serious injury accident occurs, a vessel owner and their insurance company may begin to work against the injured deckhand to minimize the amount of compensation they will have to pay.
If you were injured while working on deck, a skilled St. Mary Parish deckhand maritime injury lawyer can aggressively fight to protect your rights and pursue fair compensation for your injuries. To learn more, call today.