If you are a maritime worker on a vessel or in a harbor, you are entitled to medical and wage benefits when you are hurt on the job. If your employer was negligent and caused your harm, you can work with a Metairie maritime injury lawyer to determine how your case should proceed. This lets you concentrate on getting better while your lawyer handles the legal details.
At Scott Vicknair Injury Lawyers, we pride ourselves on fighting for the win for every client. For over 30 years, we have offered exceptional legal representation to residents in Metairie and throughout Louisiana. To learn more in a free consultation with no obligation, contact us today to speak with a Metairie personal injury lawyer.
Common Maritime Accident Causes and Injuries
Whether on a ferry, cruise ship, fishing vessel, or dock, there are constant dangers in the maritime field. Our team has helped clients injured by a range of hazards that lead to common maritime injuries. Some of these include:
- Slippery surfaces: Ship decks covered with seawater, animal products, and hazardous chemicals can cause you to slip and fall, leading to traumatic brain injuries, broken bones, and other harm.
- Fires and explosions: You can be thrown overboard or suffer thermal burns and puncture wounds from shrapnel when cargo or tanks explode.
- Toxic chemical exposure: Breathing or contacting hazardous substances can lead to respiratory damage or chemical burns. Shipowners can be held liable for improperly storing and transporting these substances.
- Falls: Falling from a height onto a solid surface, into the water, or into a cargo hold can result in blunt force injuries, drowning, and suffocating under loose freight like grain.
- Cuts, lacerations, and abrasions: From fishing gear to sharp containers, there are numerous ways you can suffer small injuries that may lead to serious infections.
- Repetitive motions: You may repeatedly throw fishing equipment or use an established set of movements to haul cargo on a dock, all of which can lead to repetitive strain injuries in your arms, wrists, back, and legs.
Many of these situations can put you out of work for weeks and require extensive medical treatment. While you qualify for maintenance and cure benefits without establishing fault, important federal laws give you the right to file a personal injury lawsuit against your employer if they are at fault.
Your maritime injury attorney in Metairie, LA, from Scott Vicknair Injury Lawyers can assess your circumstances and help you initiate appropriate legal action.
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(504) 500-1111Verifying Your Maritime Injury Claim in Metairie, LA
The first step to filing a claim is determining which law applies to your case. Two main pieces of legislation affect how you seek benefits, and they are based on certain work conditions, such as whether you work on a qualifying vessel or on docks and in harbors. Your maritime attorney can explain these laws and all others that may impact your claim.
If you work on a U.S.-owned ship transporting people or cargo in navigable waters, you can file a claim under the Jones Act. This act provides coverage for your medical costs and daily living expenses from the day you are injured. Securing further compensation may require filing a lawsuit showing how your employer or another party was negligent and caused your injuries.
If you are a longshore or harbor worker, you will receive similar benefits under the U.S. Longshore and Harbor Workers’ Compensation Act (USL&H). The act also covers most employees working on structures such as oil rigs or other platforms. However, those working in clerical or administrative jobs are not covered and can turn to standard workers’ compensation insurance for injuries.
The Maritime Claim Process
Once your Metairie maritime injury attorney has verified how to approach your claim, other steps will strengthen your ability to secure benefits. Like every personal injury lawsuit, your application for compensation hinges on showing how you were injured and connecting those injuries to a work-related incident. Here is how the process works:
- Get medical care first: Your first action is to get treatment right away so you do not make things worse. If you delay treatment, it could make it seem as if your injury is not that bad.
- Report your injury: You must report your injury to your manager, supervisor, or captain within 30 days, but sooner is better. If possible, write down what happened so you have a clear record for your employer and your maritime lawyer.
- Continue medical care: See your doctor when you are back onshore or at the first opportunity to continue getting better and demonstrate the severity of your injury.
- Speak with a maritime attorney: If you believe your employer or another party is to blame for your harm, contact a lawyer who works on maritime injury claims. They can help you gather evidence and build a powerful case for compensation.
Shipowners and other employers owe you a duty of care to provide a safe vessel and appropriate gear, training, and equipment to do your job safely. When these parties fail to do so, your maritime injury lawyer in Metairie, LA, may be able to use the doctrine of unseaworthiness to establish negligence and collect further financial relief for you.
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(504) 500-1111Benefits and Compensation in Maritime Injury Claims
You may wonder, What does maintenance and cure mean for an injured seaman? These benefits pay for all medical bills associated with your injury and your daily living costs (rent, food, and travel) until you recover, starting from the day you are hurt.
However, you may have substantial expenses that are not covered, and decide to file a lawsuit against your employer to obtain the damages available in a maritime injury case:
- Future surgery or treatment costs
- Ongoing nursing or therapy care
- Lost income if you are disabled from working
- Lost bonuses, benefits, and retirement savings
- Vocational training costs to help you change careers
These are economic damages you can claim, but your pain and suffering may be significant. These subjective non-economic damages include the loss of your professional reputation in the industry, chronic pain, mental anguish, PTSD, and depression. Your attorney can help you calculate the full value of your claim and will fight to secure everything you deserve from those who hurt you.
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(504) 500-1111Get Started with a Free Consultation with a Metairie Maritime Injury Lawyer
When you are hurt on the job while working in and around the water, you need qualified and reputable guidance from a skilled Metairie maritime injury lawyer. We fight for the win to protect your interests.
You can get the legal help you need without worrying about the cost, since we do not get paid unless we secure a settlement for you. Contact us now for a free consultation and get started with Scott Vicknair Injury Lawyers.