A position as a longshoreman or dockworker in Gretna is not necessarily the safest position available in Louisiana. Any time you work with heavy cargo, machinery, or anything industrial, there are numerous ways you can injure yourself. These injuries may simply be the result of standard occupational hazards or employer negligence.
Regardless of the cause of your injury, you need the support of an experienced Gretna longshoreman injury lawyer. At Scott Vicknair Injury Lawyers, hosts of the Overruled Podcast, we are committed to supporting the injured and their families. Our Gretna maritime lawyer can help you understand your options following your injury and pursue the legal action available for your situation.
Common Longshoremen Injuries
Gretna Longshoremen face a variety of hazards and dangers daily. The injuries they suffer are similar to those we see in offshore workers. Thankfully, dockworkers may have remedies under maritime law for injuries such as:
- Burns
- Back and spine injuries
- Head injuries
- Traumatic Brain Injury
- Limb amputation
- Lacerations
- Death
- Drowning
These injuries can have varying degrees of impact on your life. For example, a small second-degree burn will have a dramatically different effect than third-degree burns across your face and body. Similarly, different injuries will require different recovery times or accommodations for recovery.
Injuries Over Time
Some factors that may complicate Longshoreman injury cases include injuries that develop over time. This may result in joint problems like arthritis due to repetitive motions, hearing loss from prolonged exposure to loud noises, or other health conditions that develop as a result of long-term exposure to chemicals.
In these cases, our Gretna personal injury lawyers may be critical to ensuring you are well-prepared with supporting documents and a strong case.
Wrongful Death
If you lost a loved one due to the negligence of their employer, you may be eligible to file a third-party suit for the wrongful death of your loved one. We may be able to help you recover costs associated with funeral expenses and, at times, lost financial support. We know this compensation doesn’t ease the loss of your loved one, but we hope that it can support you to take the time you need to grieve.
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504-500-1111Longshoreman Environmental Dangers
Longshoremen and dockworkers face a dynamic and chaotic work environment that makes them more vulnerable to injury than many professions. The Centers for Disease Control and the National Institute for Occupational Safety and Health report that this field of work sees nearly five times more fatalities than the overall numbers of all other professions. The CDC also states that nonfatal injuries and illnesses are reported at around double all other fields.
Longshoremen face unique hazards compared to other workforces, even in other industrial settings. This is due to the proximity to open water when unloading ships, which makes workers more likely to slip or drown. Some of the other situations that contribute to injuries can include:
- Employer negligence
- Poorly maintained floors
- Constant exposure to loud noises
- Chemical exposure
- Moving machinery
- Exposure to the elements
- Falling objects
Longshore and Harbor Workers’ Compensation Act
Given the common nature of injury and fatality when you work as a longshoreman, the Longshore and Harbor Workers’ Compensation Act (LHWCA) protects the rights of injured workers. The primary benefit LHWC offers longshoremen is that, like most workers’ compensation programs, you do not have to establish guilt by either party to receive the benefits. If you are injured performing your professional duties on open water or in the appropriate loading or docking areas, you are likely eligible to file a claim through the LHWC.
The LHWC provides payment for longshoremen injured or disabled at work to cover compensation, medical care, or vocational rehabilitation services. This act generally covers longshoremen but has many exclusion criteria. To be certain, if you qualify to receive benefits through the Longshore and Harbor Workers’ Compensation Act, you can discuss your situation with our Longshoreman injury attorney in Gretna.
Third-Party Negligence
The fundamentals of the Longshore and Harbor Workers’ Compensation Act is a no-fault system that allows injured workers to recover their costs for medical treatment regardless of why the accident happened. However, this structure has significant limitations to the type of compensation you can recover.
Therefore, section 905(b) allows an injured worker to file a third-party tort lawsuit where the injury was caused by a degree of negligence from workers, managers, or owners other than the injured person.
Survivor Benefits
If you have lost a loved one due to an accident or injury at work as a longshoreman, the LHWC may provide survivor benefits. These benefits are typically provided to those who are dependents of the deceased. The established guidelines for survivor benefits include:
- Widow: 50% of Average Weekly Wage
- One child: 50% of Average Weekly Wage
- Two or more children: 66% of Average Weekly Wage
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504-500-1111Compensation Available in a Gretna Longshoreman Injury Case
The compensation you collect while working with a longshoreman injury lawyer in Gretna, LAis dependent on the type of claim you file. A third-person lawsuit for negligence may yield a higher settlement amount than a claim through the Longshoreman and Harbor Workers’ Compensation Act as a worker’s compensation claim. Some of the damages you may expect to claim include:
- Medical bills (past and future)
- Lost wages
- Disfigurement
- Loss of consortium
- Assisting devices
Maritime law can quickly become complicated, particularly when determining whether to file your claim as a lawsuit or workers’ compensation. Working with a longshoreman injury attorney in Gretna, LA, can help you avoid an undervalued settlement that leaves you injured and unsupported. Our team at Scott Vicknair Injury Lawyers will take time with you to value your losses appropriately and advocate for your ability to recover compensation.
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504-500-1111Call Our Longshoreman Injury Lawyer in Gretna Today
Recovering from an injury is challenging enough without the additional stress of how your accident or injury may affect your job. Working with our Gretna longshoreman injury lawyer gives you additional support to determine if your injuries were caused by employer negligence or if a workers’ compensation claim is more appropriate for your situation. This support lets you focus on recovering from your injuries and finding your normal rhythm again.
Our firm takes our role seriously when it comes to defending the rights of injured longshoremen. Our video testimonials speak to this commitment. If you have been injured, call us today and schedule a free case consultation.