In addition to vehicle traffic down Louisiana Highway 1 and various auxiliary highways around it, Cut Off also sees a great deal of commercial vessels pass through the area. Workers employed in any type of maritime industry are subject to serious injuries and illnesses on the job. People who work mainly on or around boats may have a right to recover compensation under federal law rather than through state-level workers’ compensation.
When it comes to getting every cent of the compensation you should be owed after a work-related boating injury, there is no substitute for guidance from a seasoned personal injury attorney who has successfully handled similar cases. Your dedicated Cut Off maritime injury lawyer from Scott Vicknair, LLC could make sure all your rights are respected and work diligently to ensure a favorable result from your claim.
The Jones Act Versus the Longshore and Harbor Workers’ Compensation Act
There are two different pieces of federal legislation that a worker may be able to file a claim under after a work-related accident. The appropriate legislation depends on a maritime worker’s duties and where they physically perform the majority of their work. Guidance from a skilled Cut Off boat worker injury attorney can be vital to identifying recovery options available to a specific worker and making the most of a claim.
First, the Jones Act applies to maritime workers who spend a majority of their time on the job working aboard a maritime vessel or in “navigable waters,” a term including large bodies of water like the Gulf of Mexico and narrower rivers and canals inland, such as the Bayou Lafourche. Under the Jones Act, injured seamen can file suit directly against their employer over any form of negligence that contributed to their on-the-job injury. The injured person could seek compensation for economic damages like medical bills and lost work income, as well as non-economic forms of pain and suffering.
Maritime workers who primarily work on land in places like docks and harbors are typically covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). As the name suggests, this piece of federal legislation effectively acts as the equivalent of state-level workers’ comp for land-based maritime workers. This legislation allows them to seek reimbursement for medical expenses, a portion of lost wages, and other benefits from their employer on a no-fault basis.
Filing Third-Party Litigation Over a Boat Worker Injury in Cut Off
In certain situations, a person may be able to file a lawsuit against a third party involved in an injury related to boat work. For example, if someone gets hurt on the job because of mechanical failure, the company that made and sold the defective machine may hold civil liability for the injured worker’s losses.
In situations like this, it is often possible to pursue both third-party litigation and a claim under the Jones Act or LHWCA at the same time, although the injured person cannot recover twice for the same damages. A boat worker accident lawyer in Cut Off could go into further detail about how these claims work during a free confidential consultation.
Discuss Recovery Options with a Cut Off Maritime Injury Attorney
If you sustain an injury or illness due to your employment in the maritime industry, you likely have unique options for seeking compensation. That said, making effective use of your rights could be a complicated process, especially if you try to do it alone.