Frequently Asked Questions

Frequently Asked Questions

Being involved in an accident on land or at sea in Louisiana can leave you with many questions about your legal rights and options. Browse Scott Vicknair, LLC’s online FAQs section for answers to some of the most common queries we receive.

Getting back on your feet after a serious workplace accident interferes with your ability to earn a living requires both a physical and financial recovery. While members of the workforce hurt on the job can go through workers’ comp for help, there are serious limitations many injured employees aren’t aware of when they start navigating the process. You may end up needing to pursue both a workers’ compensation claim and a third-party lawsuit against a different negligent party other than your employer.

Why You Need to File a Third-Party Claim for a Workplace Injury

Third-party claims are frequently necessary because you are only allowed to recover payment for extremely specific damages through the workers’ compensation system. By pursuing a workers’ comp claim, an injured employee in Louisiana can specifically gain benefits covering:

  • Disability in cases when you can’t return to work at all
  • Hospital bills, the ER visit, and other medical costs like medications or surgeries
  • Mileage to and from doctor appointments and other medical services
  • Retraining or vocational rehabilitation if your injury prevents you from returning to the same position at your job
  • Supplemental payments in situations where you can go back to work but have to work fewer hours or move into a lower-paying position
  • Up to two-thirds of your average weekly wage while recovering from the injury

While those benefits will cover some of your costs after an injury, there is obviously a hole left by the reduced wage benefits. Under most circumstances, employees also specifically can’t recover anything for pain and suffering through workers’ comp. Even if the injury left you with severe emotional trauma or reduced qualify of life, those factors aren’t considered at all in your benefits like they would be in a normal personal injury lawsuit.

That leaves many injured workers in a situation where they aren’t receiving the full amount they actually deserve. Louisiana law leaves the option open to seek compensation from a third party who caused the accident, however, even if you successfully get payment from workers’ comp.

That means it is often useful to bring a lawsuit against someone besides your employer while applying for workers’ comp at the same time. By taking both routes, you increase the chances of receiving a fair amount that covers all your costs, particularly in terms of lost wages and non-economic damages. That can be especially important if you suffered a disfiguring injury, or are dealing with reduced mobility or chronic pain issues from the work accident.

This type of third-party claim is available as an option if you were hurt by someone other than a fellow employee. For instance, a third-party claim may be a good idea when a delivery driver is hurt in a car accident, a worker on a job site is harmed by faulty parts or improperly repaired equipment, and so on. You may need to file a third-party personal injury claim if you were harmed by:

  • Chemicals such as liquid solvents or dangerous gasses
  • Defective equipment
  • Sub-contractor negligence
  • Slip and falls or other premises liability issues when harmed on someone’s property for work reasons
  • Vehicle collision with someone other than a co-worker, either on a job site or while traveling for work

Protect Your Financial Recovery With the Help of an Attorney

To receive a settlement or court judgement against the third party, it’s important to take the right steps—both directly after the accident and in the weeks ahead. First and foremost, any workplace accident victim should report the incident to their employer immediately and then seek medical care. After requesting a copy of the incident report from your employer, your next step is to work with an attorney to thoroughly investigate the accident.

That investigation’s goal is to determine who is specifically liable for your injury and can provide compensation beyond a simple workers’ comp claim. Your lawyer may need to use video of the incident, accident reconstruction experts, employment records, medical documents, and other sources to establish who caused your injury and how it has affected your life.

Your attorney can then use evidence gathered at the scene or provided by eyewitnesses to argue your case in court against the third party responsible for the injury. The negligent party who owes you damages could be a:

  • Civilian driver on the road
  • Different sub-contractor working on the same project
  • Maintenance, repair, or cleaning crew
  • Manufacturer of equipment or chemicals
  • Supplier or utility provider for your employer

When the at-fault party is established, there are several potential issues to discuss with an experienced lawyer about how a third-party lawsuit might intersect with your workers’ comp claim. If your claim is paid immediately and then you sue a third party, the workers’ comp insurer may use subrogation to require that a part of your compensation go towards paying them back.

Specific industries also use varying rules that can impact your recovery and should be discussed with your legal counsel. For instance, maritime employees in Louisiana, like longshore and harbor workers, are actually allowed to pursue compensation for pain and suffering as well as other types of damages normally prohibited in a workers’ comp claim. That only applies if you can prove your employer behaved negligently, however, which will require the investigation of a legal professional.

Talk to a Louisiana Workplace Accident Lawyer Today

If you were hurt on the job, you deserve the best representation possible to bring a lawsuit against the negligent party responsible for your injury. No matter what job you work or how you were injured, you need someone in your corner actively advocating for your rights and ensuring you get the full and fair amount you deserve.

We can help you handle the financial side of your recovery while you focus on returning to normal activity after the accident. Set up a consultation with the trial-ready lawyers at the Scott Vicknair law firm to discuss your injury and what steps to take next.

Although the law is nearing 100 years old, the Miller Act is still a crucial tool that regulates payments on federal construction projects and helps subcontractors get paid. If you meet the prerequisites and can get the proper paperwork filed within set deadlines, pursuing a Miller Act claim can ensure you receive the payment you are owed for providing work and materials.

What You Need to Know About the Miller Act

The provisions of the Miller Act kick in if any federal project’s construction or improvement cost will exceed $100,000. If that threshold is met, then the prime or general contractor must provide performance and payment bonds to ensure sub-contractors are eventually paid. The Act is primarily meant to help either subcontractors or suppliers performing work on federal buildings like courthouses, prisons, military bases, or other locations designated for government use.

There are extremely strict requirements you need to know about if you are planning on trying to file a Miller Act claim or pursue a lawsuit for recovering payment, however. Here’s a breakdown of what you need to know:

  • Only applies to federal projects
  • Isn’t applicable to any private construction, commercial building projects, or even state or local government funded-projects
  • Doesn’t apply to general contractors
  • Can only be used by first-tier contractors, second-tier subcontractors, or suppliers of the general contractor
  • Not applicable to third-tier or lower parties involved in the construction project
  • You must have furnished either materials or labor to the project within the last 90 days

It’s important to understand that the Miller Act specifically isn’t useful for prime contractors struggling to recover payment for government projects. If you are the prime contractor and haven’t been paid by the federal government, you should speak with a construction litigation attorney about pursuing a lawsuit for recovering costs through methods other than the Miller Act.

How to Pursue a Miller Act Claim in Louisiana

If you were involved in providing materials or workers within the last three months but haven’t been paid by the primary contractor, you have the option to pursue a claim. It will have to come from the bonding company, however, rather than the contractor.

It’s also crucial to take specific steps within limited timeframes for the best shot at having a claim approved. If you need to enforce a claim for your work, be sure to contact an attorney for assistance in:

  • Providing notice of a Miller Act claim to the prime contractor within the 90-day timeframe using either certified mail or some other means that provides written confirmation the document was delivered.
  • Sending the same notice to the surety bonding company used by the prime contractor on the project (in some cases, you or your attorney may need to submit a request to find out which company is handling the Miller Act-required bond).
  • Fill out a claim form for the surety, including all the relevant information about your lack of payment, such as a copy of your contract, emails and other communications with the prime contractor, delivery receipts, purchase orders, and so on.
  • Receiving a payment or rejection notice from the surety.
  • Filing a lawsuit within one year of your final furnishing of materials for the project if the claim was rejected but you are still owed money.

When a claim is incorrectly rejected, a lawsuit can be filed against the bond set up by the contractor, rather than the actual construction company itself. That lawsuit must be filed in federal court within the jurisdiction of the project, and requires the assistance of a skilled construction litigation lawyer with experience in government projects.

Get Help From a Legal Professional With Your Miller Act Claim Questions

If you are a subcontractor or supplier on a federal government construction project and you haven’t been paid what you are owed, contact the Scott Vicknair law firm today. We want to hear about your potential Miller Act claim and find out how to help your company move forward towards successful compensation for your work.

The maritime industry is an interesting, wide-ranging field of jobs and careers. From servicing ships to operating offshore drilling rigs and everything in between, working in the maritime industry isn’t for the faint of heart. Most of these jobs involve dangerous and often risky working conditions, so keeping maritime workers safe is a top priority.

Maritime law, like the industry itself, is complex and unique to a specialized and daring few. It can apply to everything from commercial or recreational accidents on water and vessel vandalism or pirates, to hazardous material spills. But there are several subsets of the law that specifically govern and protect maritime workers who are injured on the job. These laws are meant to provide injured workers with relief in the form of medical benefits or expenses, and/or wage benefits or lost income due to the injury.

The Jones Act and The Longshore and Harbor Workers’ Compensation Act

What type of relief you may be entitled to will depend on what classification of maritime worker you may be. For instance, The Jones Act was established in the 1920s to protect “seamen” from temporary disability or financial ruin while recovering from their injury. The law allows for up to three years from the time a seaman was injured to bring a lawsuit if negligence played a part in their injuries. The Longshore and Harbor Workers’ Compensation Act, on the other hand, was established to protect maritime workers who weren’t considered “seamen,” but who also weren’t covered by state laws- it fills the gap between The Jones Act and state workers’ compensation laws. These, and other laws, cover a variety of maritime occupations including, but certainly not limited, to:

  • Drilling crews
  • Harbor workers
  • Longshoremen
  • Seamen
  • Shipbuilders

Contact a Louisana Maritime Attorney Today

If you or a loved one work in the maritime industry and have suffered an accident or injury, and you are not receiving the treatment you deserve under the maritime laws, you should consult with an experienced maritime lawyer as soon as possible. Call (504) 500-1111 to contact Scott Vicknair’s maritime lawyers for a discussion of your rights, and an evaluation of your potential claim. Our maritime lawyers know how to navigate the complexities of the maritime law and industry so that our clients receive fair compensation and treatment. Don’t wait, contact us today!

While no lawsuit can ever possibly bring your loved one back, filing a wrongful death suit can protect your family financially as you deal with the emotional fallout of such a devasting loss. A civil wrongful death trial can only be initiated by specific parties in Louisiana, however. If a beloved family member recently passed away, an attorney can investigate the accident and help you seek damages from the at-fault party responsible for the tragedy.

Potential Damages in a Wrongful Death Lawsuit

Under state law, victims of accidents caused by negligent behavior are allowed to recoup costs associated with the injury. In situations where the victim dies, either at the scene or later as a result of their injuries, the family can sue the person or entity who failed to uphold their basic duty of care and caused the accident. Wrongful death typically applies in situations of:

  • Negligence, like a distracted driver causing a fatal crash, a company releasing a dangerous product that hurts consumers, or an employer who fails to take steps to protect employees from harm
  • Malpractice on the part of medical staff
  • Intentional acts such as a violent crime

While the latter type of case may result in a criminal trial that could see the at-fault party receive prison time, that won’t help with your financial situation. A criminal conviction can offer closure, but it won’t take care of the bills piling up after the death of the family breadwinner. That’s why you need to speak with an attorney after a loved one is killed by any sort of negligent behavior, whether they died in a slip and fall accident, a vehicle collision, or by using a dangerous product.

Civil and criminal cases feature differing levels of evidence needed to establish guilt. A criminal prosecution for a murder requires evidence beyond a reasonable doubt for a conviction. However, civil wrongful death suits instead rely on what’s known as a “preponderance” of evidence.

In this type of case, your attorney gathers and presents evidence to a jury showing it is more likely than not that the defendant’s negligence led to your loved one’s death. If that person hadn’t driven recklessly or that trucking company hadn’t failed to fix the breaks on their vehicles, for instance, your family member would still be alive. The end goal of the lawsuit is to seek damages from the negligent party covering:

  • An estimation of the value of lost household services provided by the deceased
  • Burial and funeral costs
  • Lost benefits and earning potential from the deceased
  • Medical bills for the deceased
  • Non-economic damages for the survivor filing the suit, covering emotional issues like anguish, grief, and loss of companionship

Who Can File a Wrongful Death Suit

Unfortunately, the laws surrounding wrongful death have several potential pitfalls you need to know about ahead of time. First and foremost is the time limit established by the statute of limitations. You only have one single year from the date of your loved one’s passing to file a wrongful death suit, which is why it is important to contact a lawyer early.

Who can file the suit may also cause a stumbling block in the process. Usually, the closest living relative must bring the suit, but there is a specific order that must be followed under Louisiana law. A wrongful death lawsuit can specifically be brought by:

  • Children (adopted or blood-related)
  • Spouse
  • Parents, if the deceased had no spouse or surviving children
  • Siblings, if there are no surviving parents
  • Grandparents, if there are no surviving siblings

The bottom line is that if someone you cared about passed away, and you suspect their death could have been avoided, you need to talk with an attorney as soon as possible, no matter how you were related.

Get The Answers You Need From an Experienced Wrongful Death Attorney

Our team of trial-ready professionals has a passion for protecting the legal rights of surviving victims. Schedule a consultation today to speak with an attorney about the circumstances of your loved one’s death. We want to hear about your situation and help you find the best path towards holding the negligent party responsible.

When someone dies as a direct result of negligent behavior, the law allows grieving family members to pursue a claim against the at-fault party. The specific type of claim can vary, however, depending on the circumstances. While a wrongful death action lets you recover damages incurred as a result of a loved one passing away, survival actions instead seek damages the person would have recovered if they hadn’t died.

Wrongful Death Cases in Louisiana

In either a wrongful death lawsuit or a survival action, the family needs to select someone to act as a personal representative for the deceased. Under state law, a wrongful death suit can be brought by the surviving:

  • Marriage partner
  • Child
  • Father or mother, if the spouse is deceased and there are no children
  • Siblings, if the parents, child, or spouse are no longer alive
  • Grandparents in situations where there is no spouse, child, parent, or sibling available

That breakdown isn’t always as cut and dried as it seems, however, which is why you should consult a legal professional quickly after a loved one passes away, as there are potential issues to untangle before going to court. For instance, a parent who left the family and didn’t take part in raising or financially supporting a child is legally considered to have “pre-deceased” their child and will likely be barred from bringing a suit. Depending on the family makeup, an unexpected member may have to pursue the claim, such as a spouse of one of the deceased’s children.

When that issue is resolved, the next step is to prove your loved one provided for the family and provide documentation of the specific amount of income earned. From there, your lawyer can argue how the death impacted the survivors while pursuing damages covering:

  • Financial support over the amount of time the deceased would have supported the family financially if they hadn’t passed away. That timeframe typically spans to age 18 for children, or until the person’s expected retirement age for their spouse.
  • Loss of support, services, and affection
  • Mental anguish
  • Burial and funeral expenses

Other extenuating circumstances can change the amount sought in a wrongful death claim, which is why it is crucial to work with a skilled attorney who has experience in these types of cases. For instance, those time frames may change if the deceased was expected to provide payment for a child’s college tuition costs or in situations where the person who passed away was financially supporting retired parents.

How Survival Action Differs From Wrongful Death

While it draws from the same list of people who can act as representatives, a survival action is distinct from a wrongful death suit in one crucial way. A survival action revolves around seeking damages the accident victim would have been awarded if they hadn’t passed away due to the injury. Those damages can potentially include factors like lost wages and the pain and suffering experienced by the victim before they died.

Survival actions may become complicated by the nature of the accident and the victim’s injury. If your loved one died at the scene or shortly after the accident, a representative typically can’t seek lost wages. They may still be eligible for non-economic damages covering issues like physical suffering or mental anguish, however.

Both survival actions and wrongful death suits also have a crucial limited time frame to act. Under Louisiana law, a family member can only pursue a wrongful death action or survival claim for up to one year after the date of death.

In either case, the surviving family member will need an attorney to file a lawsuit within that timeframe. A lawyer acts as the voice of your departed family by gathering all the required evidence and presenting the facts in court, as well as helping you handle common defenses from the at-fault party that likely doesn’t want to be held responsible for an untimely death.

Don’t Wait to Talk to an Experienced Wrongful Death Attorney

Did someone you love pass away in an accident that shouldn’t have happened? Set up a consultation with our trial-ready team to discuss your case and decide the best route forward in your family’s unique situation.

Besides simply being the right thing to do, motorists in Louisiana involved in an accident are legally required to provide their name and license plate number and offer a reasonable amount of aid. Sadly, at-fault drivers may shirk that responsibility and flee the scene to avoid law enforcement. Here’s what you need to do if you are hit by a driver who speeds off without stopping.

Steps to Take Immediately After a Hit and Run Collision

In order to protect your legal rights and ensure you can recover the compensation needed to get back on your feet, it’s important to take the appropriate actions when the shock of the collision wears off. If you aren’t immediately taken by ambulance to the emergency room, here are the critical steps to take:

  • Note vehicle details – Write down as much about the other vehicle as you can remember, such as the make, model, and license plate.
  • Contact the authorities – Call the police to investigate the accident just as you would if the other driver had followed the law and remained at the scene.
  • Acquire contact information – You want to have other people who can testify to what occurred if the case needs to go to court. Talk to any pedestrians, other drivers, or even nearby businesses with video cameras who witnessed the incident and get their contact info.
  • Take photos – Just like with any other type of accident, make sure to take pictures of the overall scene, any damage to your vehicle, and your own personal injuries.
  • Get medical attention as soon as possible – Whether you end up calling for emergency responders to transport you to the hospital or simply take yourself there, it is absolutely critical that you begin documenting your injury and its impact on your life early. Get a full checkup to search for fractures, traumatic brain injuries, or other internal wounds that may not be readily apparent due to adrenaline released during the crash.
  • Contact an attorney – After seeing a doctor, this is the most important call you will make. A skilled lawyer can help by locating the insurance policy of the at-fault driver who fled the scene and filing a personal injury lawsuit for your damages. In situations where that isn’t possible, an attorney is still indispensable for protecting you in the event your own insurance provider attempts to deny the claim in bad faith.

Dealing With Insurance Following a Louisiana Hit and Run Crash

Far more drivers without any sort of insurance policy use Louisiana roads than you likely expect, which is one reason why the at-fault party may have fled the scene in the first place. Having full vehicle insurance with additional uninsured motorist coverage may save you from financial ruin.

Unfortunately, when all is said and done, your actual costs may be well over the payout cap for any uninsured coverage in your plan. You also need to keep in mind that insurance companies, like any other business, exist primarily to generate a profit rather than to specifically help you recover after an accident.

There are far-too-many instances where insurers are reluctant to pay out at all, especially in situations involving long-term physical recovery, or they may simply try to pay less than you deserve. If you don’t deal with insurance carefully, an adjuster may attempt to argue your injury was caused by a previous event, or that you aren’t hurt as badly as you claim.

Retaining a legal professional to deal with insurance adjusters can be a tremendous help in protecting your financial recovery. Insurers are much more likely to take your claim seriously and provide the full and fair amount you deserve when a lawyer handles communication. However, in cases of hit and runs specifically, an experienced litigation attorney is even more crucial. Your legal counsel can help guide you whether insurance refuses to pay out or the at-fault driver is eventually located. In either case, you may need to file a lawsuit to recover the full damages you are owed.

Talk to a Car Accident Attorney Today If You Were Hurt in a Hit and Run

Were you or someone you love harmed during a crash where the at-fault driver fled the scene to avoid consequences? Get in touch with the Scott Vicknair law firm today to set up a consultation. Our trial-ready team is eager to hear about your case and find out how to help you move towards a financial recovery after a hit and run accident upends your life.

Bike fests and hog rallies are a common sight around Louisiana, especially in the spring and summer months. While many motorists know to keep an eye out for motorcycles, it only takes a moment’s distraction for a serious accident to occur. Motorcycle fans deserve the same level of safety as anyone else on the road, and when they are hurt by negligence, they have the right to pursue compensation for their injuries.

Common Motorcycle Crash Causes in Louisiana

Unfortunately, motorcycle crashes feature significantly higher fatality rates than accidents between cars or trucks. A rider is much more likely to suffer a life-altering injury or even die in a crash than occupants of passenger vehicles. That’s what makes these common causes of NOLA motorcycle crashes so dangerous:

  • Defective parts – In some cases, the liable party may not be another driver at all, but rather the manufacturer of a defective part (such as brakes or tires) that bears responsibility for your injury.
  • Distracted driving – Drivers put everyone on the road at risk when they argue with passengers in the back seat, fiddle with knobs, swap out discs, or otherwise fail to exercise the basic duty of care required by law. This behavior can be a serious hazard even when the vehicle is stationary, such as if a driver or passenger opens their door into the street without checking for any motorcyclists who may be passing by first.
  • Drunk or drugged driving – Anyone under the influence of alcohol or illegal drugs will typically be found at fault for a motorcycle crash, but it’s also important to note that the driver may have been negligent by getting behind the wheel while using completely legal prescription medications that impair driving ability.
  • Lange change collisions – Drivers of cars, busses, or commercial cargo tracks may not notice a motorcycle if they don’t check their blind spot before switching lanes.
  • Lane splitting – Cyclists can be seriously hurt if they straddle the line between two lanes to pass traffic. In many cases, the rider will be found at fault in this type of accident, but in some circumstances, there may have been negligent behavior by someone else on the road.
  • Left turns – Much like with lane change collisions, this extremely common motorcycle accident typically occurs when a driver doesn’t look for a cyclist before beginning to turn.
  • Road hazards – Potholes and inclement weather are always concerns, but other crashes on the road can be dangerous for motorcyclists, such as if an improperly loaded long-haul truck has overturned and spilled cargo on the road.
  • Traffic violations – Speeding, reckless driving, and illegal lane changes can all make a driver liable if they cause a motorcycle crash.
  • Tired driving – Hitting the road while fatigued can be just as dangerous as driving while intoxicated, and easily result in motorcyclists suffering severe harm.

Survivors of motorcycle crashes may deal with wounds like bone fractures, soft tissue damage, internal bleeding, disfigurement, or traumatic brain injury. They can often expect lengthy recovery times and, in some cases, even permanent disability. Thankfully, if you or a loved one were harmed in a motorcycle crash, you have the legal right to pursue compensation for your costs.

Unfortunately, the all-too-common bias against motorcycle enthusiasts often leads other parties in the crash to assume anyone on a bike was automatically responsible for the accident. An experienced motorcycle accident injury attorney can help you overcome those biases to prove exactly who was at fault while fighting for the full and fair amount you deserve.

Speak With an Experienced NOLA Motorcycle Accident Attorney

Whether an insurance company denied your claim in bad faith or you need to file a personal injury lawsuit against the negligent driver responsible for your pain and suffering, we want to talk with you. The trial-ready team of legal professionals at the Scott Vicknair Law Firm is eager to hear about your case. Contact us today to find out if we are the right fit to protect your legal rights in court.

In the construction industry, it is typically in everyone’s best financial interest for a project to be completed as quickly as possible. Unavoidable delays still occur though, and they can put a major crimp on revenue streams. In some situations, those delays can effectively put a contractor in standby mode, waiting to finish the current project while unable to bring in revenue from others. When those delays have finally ended, all the parties involved need a method to identify specific overhead costs if a claim or lawsuit is filed.

How Delays Impact Office Overhead Costs

Besides the costs of materials and labor, contractors have to bring in enough revenue to keep the lights on between projects. These more generalized expenses are still incurred on a monthly basis regardless of the length of any given project.

Employees obviously still need their checks regardless of whether the project owner has provided any payment. The costs of operation for the company’s home office have to be paid even if the project ends up delayed for an extended period. This sort of home office overhead impacted by delays can specifically include:

  • Insurance
  • Legal fees
  • Marketing costs
  • Salaries and benefits for office employees like clerical staff or managers
  • Utilities and other office space costs

Since revenue earned on a project is used to absorb these costs, you may seek to recover damages for those administrative expenses that are “unabsorbed” when a delay outside your control prolongs the project.

Calculating Allocable Overhead With the Eichleay Formula

Both the contractor and project owner need a method of arriving at an exact price tag for those costs if a claim is filed over delay losses. That’s where the Eichleay formula comes in, and it is currently the only recognized tool for calculating unabsorbed home office overhead in delay cases. The formula uses these three steps:

  • Determine the overhead that is allocable to the contract. This is found by dividing the contract billings by the total billings for the contract period. That number is then multiplied by the total overhead for the contract period.
  • Find the daily contract overhead. To reach this number, divide the allocable overhead determined in the last step by the days of performance, including the delay days.
  • Arrive at the amount available to claim. For this third step, multiply the daily contract overhead by the number of days delayed to find the amount available to claim.

Knowing the formula is only half the battle, however, as there are a number of limitations to keep in mind. For starters, the Eichleay Formula is really only useful at the end of the project, because it requires knowing the total number of delay days. The formula also doesn’t have any bearing on direct costs for labor or materials, and crucially is only available in contracts where the delay was caused by a government entity acting as the project owner.

You must also show the delay prevented your business from undertaking any other projects that could bring in revenue to help cover these overhead costs. It’s important to note the formula is based on the notion of a fixed home office overhead cost, and ignores the possibility of price fluctuations over time. That means changes to your staffing or office costs may interfere with the formula’s usefulness.

Using the formula effectively can also involve a significant time and paperwork investment, as the project owner may require audited financial data to ensure your overhead costs are accurate. Consulting an attorney as early as possible in the process is key to ensuring the formula is used to its maximum benefit.

Consult a Louisiana Extended Duration Attorney if a Project is Behind Schedule

The bottom line is that you need an attorney to assist in determining if the Eichleay Formula applies to your situation or if other means of recovering damages should be pursued. Schedule an appointment with our experienced construction litigation team today to learn more about what specific steps to take towards protecting yourself legally while safeguarding your profits.

When harbor workers are injured, they are often left wondering how to cover bills while recovering, since they don’t qualify for coverage under the Jones Act. The good news is that the Longshore and Harbor Workers’ Compensation Act (LHWCA) requires your employer to prove workers’ comp benefits for you as well. If you developed an occupational disease due to exposure to harmful materials, or were physically injured in an accident at work, a maritime attorney can help you get the benefits you deserve.

Who Can Apply for Benefits Under the LHWCA in Louisiana

It’s crucial to know which maritime workers’ comp law applies to your situation, because seamen specifically can’t pursue compensation through the LHWCA. Other types of maritime employees besides sailors are likewise barred from recovering costs through the Jones Act. The Longshore and Harbor Workers’ Compensation Act may cover you if you were hurt while working on:

  • Docks
  • Loading and unloading areas for vessels
  • Navigable waters of the U.S. or any adjoining areas
  • Piers
  • Terminals
  • Wharves

Benefits are available to injured workers engaged in repair, loading and unloading, or other dock activities but who don’t actually sail with the ship as crew. Even employees who aren’t specifically in a maritime position, such as a construction worker taking part in a job on a wharf, can potentially be covered.

As long as the injury occurred or the illness was developed on United States navigable waters, the LHWCA can potentially apply to:

  • Dock employees
  • Divers on repair or salvage operations
  • Longshore workers
  • Crane operators working on docks or ports
  • Harbor construction crews
  • Port workers
  • Shipbuilders and shipyard workers
  • Shipbreakers
  • Stevedores

What the LHWCA Covers and Why You Need an Attorney

Benefits are available if you suffer a temporary disability, so long as a doctor has stated you can’t return to work while recovering, or if you will have to work in a different position with less physical activity. The LHWCA also applies in situations of permanent disability if a doctor determines your condition is unlikely to ever improve. Survivors can additionally file a claim if a loved one died due to the injury. In any of these instances, the LHWCA specifically allows for benefits covering:

  • Lost income, typically up to two-thirds of your average weekly wage at the time of the injury
  • Medical costs
  • Vocational rehabilitation

Getting all of those benefits can be difficult on your own, however. A number of potential stumbling blocks may prevent you from receiving the full coverage you desperately need while unable to work. For instance, if you recently got a promotion, your employer’s insurance company may have a skewed calculation of your “average weekly wage,” since you would have earned more if you hadn’t been hurt.

Strict time limits are another concern to keep in mind. You must report the injury to your employer within 30 days, as well as file an Employee’s Claim for Compensation form to the Office of Workers’ Compensation Programs within one year. Failing to meet that timeline can cause you to lose out on benefits, even if you are permanently disabled by the injury.

Gathering all the required information to file the paperwork takes time, and there are, unfortunately, instances where employers aren’t interested in moving quickly to pay what you are owed. That’s why it’s important to have the assistance of an attorney to ensure the claim is made properly and to help you overcome problems during the process. In the event your claim is denied for any reason, a maritime attorney can also help you file an appeal with the Longshore Claims Examiner overseeing your case.

Protect Your Legal Rights After a Maritime Accident by Speaking With an Attorney

If you were hurt on the job, or a loved one passed away due to a maritime injury, talk to an experienced attorney to find out if you qualify for coverage and what steps you should take next to protect your financial recovery. You deserve the full benefits owed to you after the injury and our legal team wants to help you get back on your feet. Get in touch with the Scott Vicknair Law Firm today using our online form or call directly at (504) 500-1111.

Seeking recovery for a maritime injury can be tricky because there are different laws for different types of maritime workers. How your claim should be handled and the number of damages you are entitled to will largely depend on which law applies to your specific situation and classification.

For instance, if you are a “seaman,” which is a legal term of art, you may get to recover under the Jones Act, which is a federal statute that allows you to pursue certain damages, such as maintenance (a daily rate representing your basic living expenses) and cure (medical treatment until you reach the point of maximum medical improvement), lost wages, lost future earning capacity, future medical care, pain and suffering, and in some cases, punitive damages.

Before recovering under the Jones Act, however, we must determine whether you qualify as a seaman.

Preliminary qualifications that must be met before classifying an injured worker as a seaman:

  • Were you a crew member of a vessel at the time of your injury?
  • Did you spend at least 30% of your time aboard the vessel or a fleet of vessels?
  • Did your work contribute to the function of the vessel or the accomplishment of its mission?

Recently, the Courts also explored whether the injured worker owed allegiance to the vessel, rather than to a stateside employer, whether the work was sea-based, and whether the worker’s assignment to the vessel was for a limited task. If you can answer “yes” to these questions, you may qualify as a “seaman.” More often than not, maritime workers who work on ships, offshore rigs, barges, tugs, riverboats, and/or ferries, will likely be considered a seaman. But not always, which is why it’s important to consult with a knowledgeable maritime attorney about your potential case. We can help you navigate the complexities associated with your classification as a maritime worker, and determine if you qualify as a “seaman” for purposes of pursuing a claim under the Jones Act.

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