In addition to Louisiana Highway 1 and nearby auxiliary highway traffic, Cut Off residents also experience significant commercial vessel traffic. Consequently, workers employed in any maritime industry are subject to serious injuries and illnesses on the job.
In such cases, 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.
If you were injured on the job, an experienced Cut Off Maritime injury lawyer from Scott Vicknair Law can help. Our cut off personal injury attorneys will work to ensure your rights are respected and that you receive a favorable result from your claim. Call us today to schedule your free case consultation.
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, LA, boat worker injury attorney can be vital to identifying recovery options available to a specific worker and making the most of a claim.
The Jones Act
First, the Jones Act applies to maritime workers who spend the 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. A cut off jones act lawyer can help with your claim.
The Longshore and Harbor Workers’ Compensation Act
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). This federal legislation provides compensation and medical care to employees disabled from injuries occurring in navigable waters of the United States.
It also covers injuries occurring in adjoining areas customarily used in loading, unloading, repairing, or building a vessel.
LHWCA serves as the equivalent of state-level workers‘ compensation for these land-based maritime workers, ensuring they receive protections and benefits similar to other workers’ compensation programs.
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 for a Boat Worker in Cut Off
In certain situations, an injured maritime worker can file a lawsuit rather than, in addition to, filing a claim under the Jones Act or the LHWCA.
The option to file a personal injury lawsuit is typically available if the actions or inaction of a third party caused the injuries suffered by the accident victim. For example, if you were hurt on the job because of a mechanical failure, the company that made and sold the defective machine may hold civil liability for your losses.
In such situations, it is often possible to pursue both third-party litigation and a claim under the Jones Act or LHWCA at the same time. However, the injured person cannot recover twice for the same damages. A personal injury lawyer in Cut Off can provide further details about how these claims work during a free, confidential consultation.
Benefits of Filing a Personal Injury Lawsuit After a Maritime Accident
When filing a claim under the Jones Act or the LHWCA, you will be limited in the damages you are eligible to recover. This is especially true with the limited scope of damages available under the LHWCA.
However, if you are eligible to file a lawsuit, the available damages will increase significantly. In addition to a wide range of compensatory damages, you may be eligible to pursue punitive damages under limited circumstances.
The available compensatory damages can be divided between the categories of economic and non-economic damages.
Economic Damages
All of the money you are prevented from earning or compelled to spend as a result of your maritime accident falls under the category of economic damages. Economic damages a maritime attorney can help you pursue from the liable party include:
- Lost wages
- Diminished earning capacity
- Medical costs
- Future medical expenses
- Property damage
Non-Economic Damages
Meanwhile, all of your other losses are categorized as non-economic damages. Rather than affecting your finances, these damages tend to cover more profound and irreplaceable losses. Non-economic damages a maritime lawyer can help you pursue from the at-fault party include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Permanent disability
- Loss of enjoyment of life
Punitive Damages
Punitive damages are only available in a small number of cases. These damages are not meant to compensate an accident victim for their losses. Instead, punitive damages are used to punish the at-fault party for the role they played in causing the accident to occur.
A judge will only consider awarding punitive damages in your case if your injuries were caused by gross negligence or if the responsible party acted with the intention of causing harm.
Use Caution When Dealing With an Insurance Company After a Maritime Accident
When dealing with a maritime employer’s insurance provider after an accident, you need to ensure you take steps to protect yourself. Insurance company representatives go to great lengths to convince claimants they are just there to help.
However, this is all an act to get claimants to lower their guard so that the insurer can deny or devalue their claims.
When filing a maritime injury claim, it is important to remember that you will be going up against professionals with vast experience fighting these types of claims. The odds are stacked against you if you attempt to represent yourself. The best way to even those odds is to decline to speak with the insurer until you have secured a maritime accident attorney.
Once you hire a Cut Off offshore injury lawyer to help with your case, the insurance company will be barred from contacting you directly. By forcing them to work through your insurer, you will eliminate their ability to use their usual tricks.
With an experienced lawyer by your side, you will be in a good position to recover the financial compensation you need.
Pay Attention to the Filing Deadline When Seeking Financial Recovery for a Maritime Injury
When attempting to recover financial compensation following a maritime accident, you need to pay attention to the applicable filing deadline for your case. The deadline for your case will depend on whether you are filing a claim under the Jones Act or the LHWCA or if you are filing a personal injury lawsuit.
The Jones Act gives injured workers three years to file a claim in most cases. Meanwhile, if filing a claim under the LHWCA, you will have one year to file a claim if your employer fails to do so on your behalf. As for a personal injury lawsuit, Louisiana has among the strictest statute of limitation deadlines in the country, giving injured workers just one year to file their lawsuit.
If you miss the filing deadline for your claim or lawsuit, you will likely be out of options for recovering compensation. However, exceptions may apply to your case that alter the filing deadline.
Hiring a maritime accident lawyer with years of experience is the best way to ensure that you are aware of every applicable deadline related to your case.
Seek Medical Care to Protect Your Health and Your Compensation Claim
If you are injured on the job, it is critical to seek medical attention as soon as possible. Getting an examination from a doctor can be critical for your health, even if you believe your injuries are mild. Serious injuries are not always immediately evident and can worsen if not identified and treated early.
Additionally, your compensation claim could be in trouble if you wait to get the necessary medical treatment or fail to follow your doctor’s orders. The party liable for your original injuries will not be responsible for any additional damages you suffer as a result of failing to get the medical attention you need.
Furthermore, your entire claim may be challenged if you delay seeking medical treatment, as the opposing party will likely aim to claim that your injuries were caused by another incident rather than your maritime accident.
To ensure you are able to recover fair compensation for your losses, seek treatment from a medical professional as soon as possible.
Discuss Recovery Options with a Cut Off, LA, 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 complicated, especially if you try to do it alone.
A maritime injury lawyer in Cut Off, LA, could pursue a positive case result on your behalf. Scott Vicknair Law does not charge fees unless you get paid. Contact us today to learn more.
