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Thibodaux Deckhand Maritime Injury Lawyer

People who work as deckhands on ships have a difficult profession. They can face serious injuries as a result of their jobs that have the capacity to seriously injure or even kill people. Injuries that happen while at sea or on a navigable lake or river are governed by special rules. It can be very difficult for people injured in these accidents to obtain the compensation they deserve.

A Thibodaux deckhand maritime injury lawyer can help. A seasoned maritime injury attorney can help you understand the law and how it applies to the situation and then pursue the ship owners for their damage in court.

How Federal Law Applies to Deckhand Injuries in Thibodaux

Most injuries that happen at work are covered by workers’ compensation insurance policies. Louisiana laws require almost all employers to maintain these policies to compensate injured workers. However, one exception to this rule is for injuries that happen on ships.

These injuries and the available remedies are covered by the Jones Act. Listed in 46 U.S.C. 30104, the Jones Act allows seamen injured in the course of employment to initiate civil suits in U.S. District Courts or state courts at the injured worker’s option to claim damages. These suits must be started within three years of the injury.

The term seamen can refer to any person who works a significant amount of employment time on a boat that travels on navigable waters. For example, a deckhand, as a member of the crew, certainly qualifies as a seaman for purposes of the law. A Thibodaux deckhand maritime injury lawyer can help explain who qualifies.

These navigable waters include the ocean, as well as lakes or rivers that handle commerce or fishing and travel through at least two states. It is important to note that the Jones Act does not cover injuries to passengers, workers on fixed oil rig platforms, or employees on floating casinos that are affixed and do not leave shoreside.

Differences Between Claims Under Workers’ Compensation and Jones Act

Traditional workers’ compensation law is a compromise. It provides protection in the form of income insurance and medical care for injured employees. As a trade, an employee cannot sue their employer for negligence that led to their injuries.

The Jones Act works in the opposite way. It states that if any seaman is injured in the course of their work, or if the seaman dies from the injury, they have the right to file a lawsuit in United States District Court or state court as against their employer for their injuries.

These lawsuits are a person’s only means of seeking compensation besides the no-fault remedy of maintenance and cure. Maintenance is a daily stipend paid to an injured seaman while he is removed from the service of the vessel and disabled. It is the rough equivalent of the value of room and board aboard the vessel. Cure is the cost of medical treatment. Besides the maintenance and cure, the injured seaman must make claims for the costs of any future medical treatment, in addition to any past lost wages, lost future earning potential, pain and suffering, and emotional distress that result.

In the case of a worker’s death, the personal representative of the deceased’s estate can file the lawsuit. This lawsuit can provide financial stability for a family’s future.

A Thibodaux Deckhand Maritime Injury Attorney Can Help

Injuries or fatalities that occur while at work on a boat or ship present special challenges. Normally, workers’ compensation insurance policies protect people who are injured in the course of their employment. However, federal laws state that injuries that happen while at work on a boat or ship create a cause of action for damages in civil court.

A Thibodaux deckhand maritime injury lawyer can help you pursue these lawsuits. They can work to discover all the relevant evidence that led to the injury, obtain depositions of all the witnesses, and file lawsuits in court demanding compensation.

This compensation can provide payments for pain and suffering, mental pain and anguish, disability and future medical costs as well as secure a family’s financial security. Contact an attorney today to schedule an appointment to discuss your case.