Have you been injured while working offshore? If so, you’re entitled to compensation for your injuries, including medical expenses and lost wages. To understand how much you can recover, you need to know the specifics of maritime law. Laws governing injuries at sea differ significantly from those on land. Many New Orleans personal injury lawyers do not fully understand the complexities of maritime law. Ensure your attorney is an expert in this specialized field.
Expertise of Maritime Injury Lawyers
Our maritime injury lawyers in Houston and New Orleans have years of experience. We have helped hundreds of Louisiana and Texas clients secure the compensation they deserve. Our firm was established to assist injured individuals during their greatest need.
Team and Experience
We represent offshore workers injured off the coast of Texas, Louisiana, and other Gulf of Mexico areas. Our team includes attorneys with advanced degrees in maritime law, such as Jeremiah Throns and Mike Slansky. Additionally, Nick Sennach and Mara Pet Kovich, who have represented maritime employers and insurance companies, bring valuable insider knowledge. We have offices in New Orleans, Louisiana; Houston, Texas; Atlanta, Georgia; and Miami, Florida. We are also licensed in Connecticut, specializing in the laws governing the Gulf’s waters and industries.
Why Choose Our Maritime Injury Lawyers?
If you need expert legal representation for your maritime injury case, contact our New Orleans office today. If you want to learn more about maritime law, the Jones Act, types of maritime accidents, injuries, and compensation, read on.
Maritime Law and The Jones Act
The Importance of The Jones Act
The Jones Act, passed in 1920, protects the United States’ merchant marine and offshore workers. This act acknowledges the need for legal protection for maritime workers. It allows injured workers to sue for maintenance and cure due to negligence or unseaworthiness.
Understanding Maintenance and Cure
Maintenance and cure include lost wages and medical expenses. This right to sue differs from land-based workplace injuries covered by workers’ compensation. To be eligible under the Jones Act, a worker must be classified as a seaman. This means spending 30% or more of work hours on a vessel or navigable waters and contributing to the vessel’s mission.
Jones Act Eligibility and Legal Proceedings
Who Qualifies as a Seaman?
Qualified seamen can sue employers in federal or state courts and request a jury trial. A skilled Louisiana maritime lawyer is essential, both in negotiations and court. Workers on inland waterways may also receive Jones Act protection if the waterway is commercially navigable, meaning used for interstate or foreign commerce.
Statute of Limitations Under the Jones Act
The Jones Act imposes a three-year statute of limitations on maritime injuries. You must file a lawsuit within three years of your injury. Otherwise, you lose the right to sue your employer. Contact a Louisiana maritime injury lawyer soon after your injury to ensure you remain within the statute of limitations.
Other Maritime Laws
Additional Maritime Laws
Several other laws may apply to your personal injury case, including:
- Longshore and Harbor Workers’ Compensation Act
- Death on the High Seas Act
- General Maritime Law
- Carriage of Goods by Sea Act (COGSA)
- Maritime Contracts and Insurance Law
Importance of Expert Representation
Because maritime injury laws differ from land-based laws, you need expert representation. Our attorneys, with maritime law degrees, use specialized knowledge to help injured offshore workers, including Jones Act seamen and longshoremen. We can explain which maritime laws apply to your case and the compensation you may pursue.
Types of Maritime Accidents
Working Offshore: Risks and Rewards
Working offshore provides an exciting environment contributing significantly to the US economy. However, it also poses risks. Maritime work is dangerous, and the hazardous environment can lead to job-related accidents and injuries.
Common Maritime Accidents
Deck Accidents
Slippery decks can cause workers to fall, leading to injuries. Rough seas and rocking platforms may also cause workers to fall overboard. Companies that do not properly maintain decks or railings can be held responsible for injuries.
Rig Injuries
Whether working on offshore rigs or jack-up rigs, injuries can occur if employers do not follow safety regulations. Negligence can lead to incidents ranging from rig tipping to equipment catching fire.
Equipment Malfunction
Improper maintenance of maritime equipment puts workers at risk. Equipment failures can result in fires, electrocution, and explosions from gas leaks or improper fuel storage. Employers are responsible for providing a safe work environment. Even if the accident was partially your fault, you may still recover damages with the help of an experienced maritime injury lawyer.
Types of Maritime Injuries
Common Injuries Sustained Offshore
Offshore workers may experience a range of injuries due to the hazardous nature of their work environment. Common injuries include fractures, burns, and head injuries. Slips and falls on slippery decks often lead to broken bones or head trauma. Explosions and fires can cause severe burns or respiratory issues from inhaling toxic fumes.
Long-Term Implications of Maritime Injuries
Injuries sustained offshore can have long-term effects on a worker’s health and ability to work. Chronic pain, mobility issues, and psychological trauma are common. It is crucial to seek medical attention immediately and to document all injuries and treatments. This documentation can be vital when seeking compensation.
Compensation for Maritime Injuries
Types of Compensation Available
Maritime injury victims can pursue various types of compensation. These include medical expenses, lost wages, and pain and suffering. Compensation can also cover future medical costs and loss of earning capacity. Maintenance and cure benefits are also available under the Jones Act.
How to Secure Compensation
To secure the compensation you deserve, it is essential to work with an experienced maritime injury lawyer. They can help you navigate the complexities of maritime law and build a strong case. Immediate action is critical, as there are strict deadlines for filing claims under maritime law.
Steps to Take When Injured Offshore
Immediate Actions
If you are injured offshore, seek immediate medical attention. Report the injury to your employer as soon as possible. Documentation of the incident and your injuries is crucial for any future legal action.
Legal Steps
After addressing your immediate health concerns, contact a maritime injury lawyer. They will guide you through the legal process, ensuring you meet all deadlines and file the necessary paperwork. A lawyer will also help you understand your rights and the compensation you may be entitled to.
Conclusion
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FAQs
- What should I do if I’m injured offshore?
- Seek immediate medical attention and report the injury to your employer. Then, contact a maritime injury lawyer to discuss your case.
- What compensation can I receive for a maritime injury?
- You may recover medical expenses, lost wages, and damages for pain and suffering under the Jones Act.
- How long do I have to file a maritime injury claim?
- Under the Jones Act, you have three years from the date of your injury to file a lawsuit.
- Can I sue my employer if I was partially at fault for the accident?
- Yes, you can still recover damages even if you were partially at fault for the accident.
- What is the difference between maritime law and workers’ compensation?
- Maritime law covers injuries at sea, allowing workers to sue for negligence, while workers’ compensation typically covers land-based workplace injuries without the need to prove fault.