St. Mary Parish Shipyard Accident Lawyer
Shipyard workers face unique challenges in their workplace, including a serious risk of injury. When shipyard workers get hurt on the job, they may face additional challenges seeking financial and medical benefits. Maritime and shipping companies in St. Mary Parish are not required to provide regular Louisiana state workers’ compensation.
This generally means shipyard workers may not file traditional workers’ compensation claims with their employer’s insurance company. However, shipyard workers that suffer injuries on the job may still be eligible to pursue benefits under federal law through the Longshoremen and Harbor Workers’ Compensation Act (LHWCA) or through third-party liability claims.
A St. Mary Parish shipyard accident lawyer who is knowledgeable in admiralty and maritime injury law can evaluate your case and determine whether it is worth pursuing. If so, a compassionate maritime injury attorney can help you build a claim for compensation.
Who Can be Held Liable For Shipyard Accidents?
For shipyard workers, accidents and injuries can be a constant concern. If a third-party shipowner negligently fails to turn over its ship in a condition that is reasonably safe for work to be done, the shipowner may be sued under the Longshore and Harbor Workers’ Compensation Act (LHWCA) under section 905(b)
If the shipyard accident is not the fault of an employer or a co-employee, but rather the fault of a third party, a worker may file a personal injury claim. Even though the employee may still qualify for benefits under LHWCA, the victim may also bring a claim of pain and suffering against the third party.
As a St. Mary Parish attorney can further explain, third-party contractors may be held liable for damages in shipyard accidents caused by poorly maintained vehicles or supplied equipment, hazardous working conditions, or the negligence of their employees.
If the operator or shipyard owner is not the victim’s employer, they may be liable for dangerous conditions such as exposure to hazardous chemicals, trip and falls, and overcrowding.
How Comparative Negligence Can Affect Cases in St. Mary Parish
While some states have stringent negligence laws that are unfavorable to injured victims, Louisiana takes a different approach. For third-party personal injury claims, state laws base recovery on the comparative negligence of the parties. This means a victim who is found partially at fault for their injuries may recover damages, but that amount may be reduced proportionally by the fault they shared in causing the accident.
For example, if the shipyard’s contracted supplier of adhesive materials provided materials that were chemically irritating to the eyes, but the worker handled the materials without goggles, the worker may be found to be 55 percent at fault. The injured shipyard worker may then recover 45 percent of the total damage award. Speak with a St. Mary Parish shipyard accident attorney for more information about comparative negligence.
Recoverable Damages for Shipyard Accidents
The damages that are compensable may vary from case to case, depending on whether the shipyard worker qualifies for a third-party claim, a claim under LHWCA, or both. Some of the compensation a shipyard worker may qualify for includes:
- Medical bills
- Lost wages
- Costs of re-education and reassignment
- Pain and suffering
- Disfigurement
- Mental anguish
- Worker’s compensation through LHWCA
Contact a St. Mary Parish Shipyard Accident Attorney
Whether a person is operating a forklift which carries materials from one destination to another or performing maintenance on ships and other vessels, shipyard workers may suffer a number of injuries.
Shipyard accidents can involve multiple responsible parties, and recovering from them can be a complicated process. This is because both personal injury laws and certain applicable maritime laws may come into play.
When you are hurt on the job, contact an experienced St. Mary Parish shipyard accident lawyer who can help you understand the complex legal process of pursuing compensation. To learn more about your legal rights and options, call today.