Being hurt at sea, working offshore, or on a dock can dramatically alter your career in the maritime industry. You have federally protected options for recovering benefits, but the process can be stressful when you are dealing with severe injuries. Working with a Kenner maritime injury lawyer can provide the support and guidance you need.
At Scott Vicknair Injury Lawyers, we have provided exceptional, proactive service to Louisiana residents for over 30 years. We understand the laws governing how maritime injury claims work, and we are ready to apply them to your case to reach the most satisfactory outcome. Contact us to schedule a free consultation with a Kenner personal injury lawyer today.
Maritime Laws That May Affect Your Claim
Non-maritime workers can often turn to workers’ compensation insurance provided by their employers, but seamen, longshoremen, and others in the maritime industry cannot. Instead, they rely on various laws established both to control commerce and protect employees. Some of these laws include:
- The Jones Act: Established in 1920, this law provides benefits to those working on U.S.-based vessels performing certain functions on navigable waters. Injured workers can also bring legal action against their employers under certain circumstances.
- Doctrine of unseaworthiness: If your injury is due to the ship owner’s negligence, your Kenner maritime injury attorney may use this legal concept in your case. Shipowners owe their employees a duty of care to maintain a seaworthy vessel or face liability claims.
- U.S. Longshore and Harbor Workers’ Compensation Act (USL&H): For those working on docks or other structures other than sailing vessels, this act provides benefits similar to the Jones Act. This law can be used if your claim does not qualify under the Jones Act.
- Death on the High Seas Act (DOHSA):Families of those who die more than three nautical miles from shore can seek compensation for various expenses, including recovering the body, funeral costs, and the loss of support from the loved one.
From the moment you are injured, you have the right to maintenance and cure benefits under the Jones Act to pay your medical bills and daily living expenses. To successfully secure full compensation, you may need to file a Jones Act claim in state or federal court to show how your employer is to blame for your injuries. If you are a dock or harbor worker, Scott Vicknair Injury Lawyers can explain what benefits are available under the USL&H.
Criteria for Making a Jones Act Claim
For those working on vessels, there are three main criteria necessary for your claim to fall under the Jones Act.
The vessel must be owned by an American citizen or an American company, its primary purpose must be to transport people or cargo, and it must operate in navigable waters, as defined by the U.S. Army Corps of Engineers. Most vessels are included, such as boats, barges, cargo ships, passenger ferries, tub boats, and service ships for oil platforms.
Criteria for Making a USL&H Claim
If you are injured while working as a shipbuilder, ship-breaker, ship-repairer, longshoreman, or harbor worker, your maritime injury lawyer in Kenner, LA, can discuss how to file a claim under the USL&H.
They can also help you complete the necessary forms and collect evidence showing how your employer is at fault for your accident. The act excludes some employees, such as those in clerical and administrative positions, who standard workers’ compensation programs may cover.
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504-500-1111Common Maritime Injuries
Working at sea and around docks is inherently dangerous, and employers owe their workers a duty to minimize risks. Nonetheless, there are common injuries that can escalate into serious medical conditions without appropriate care. Some of the injuries a maritime injury attorney in Kenner, LA, can help you with include:
- Slips, trips, or falls
- Burns
- Traumatic brain injuries
- Broken bones and fractures
- Internal organ damage
- Puncture wounds
- Respiratory damage from toxic fume exposure
- Crush injuries
- Amputation
- Neck, back, and spinal cord injuries
- Repetitive motion injuries
These common maritime injuries can result from mishaps on cruise ships, explosions on oil rigs, fires in cargo loading or storage areas, or during fishing operations. You may end up with substantial medical bills when someone else is at fault, and you need a qualified legal advocate fighting for the win. Our team will treat you with compassion, but meet wrongdoers with tenacity and fierceness.
Potential Maritime Injury Claim Benefits
Although you can receive maintenance and cure payments from the day you are injured, you may be entitled to much more than that if you can show negligence by your employer or another party. These claims can be complicated, but by initiating a personal injury lawsuit, you have the chance to recover compensation for the full value of your losses. Potential damages available in a maritime injury case may include:
- Additional medical costs for ongoing care or surgery
- Lost wages if you can no longer work
- Lost retirement savings and benefits
- Costs for rehabilitative and therapeutic services
- Fees for vocational retraining if you must leave the maritime field
- Loss of your future earning capacity
In addition, you can request financial acknowledgment of your non-economic losses, such as mental anguish, permanent disability, loss of enjoyment of life, and loss of your professional reputation. Your pain and suffering are every bit as valuable as your lost income. Your maritime accident lawyer will make every effort to obtain the maximum compensation available for you from all potentially liable parties.
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504-500-1111Contact Scott Vicknair Injury Lawyers for Your Kenner Maritime Injury
Working at sea and in harbors is demanding work that requires peak physical health and experience. When you have been hurt doing the work you love, a Kenner maritime injury lawyer from our firm can get the financial relief you need without adding to your worries while you recover.
Contact us now to arrange a free case review and begin rebuilding your life. We work on a contingency basis, so if we do not secure a settlement for you, you will not be required to pay. Get the legal representation you need without concern for the upfront costs when you partner with Scott Vicknair Injury Lawyers.