A maritime injury is an injury or illness related to maritime work. Maritime injuries can happen onboard vessels such as cargo ships or fishing boats, on offshore oil rigs, at docks, during duties that support vessel operations, and during offshore incidents.
Maritime law, also called admiralty law, governs legal issues related to maritime injuries. Under laws like the Jones Act and Longshore and Harbor Workers’ Compensation Act, injured maritime workers can seek compensation that is not available under standard labor laws.
If you have suffered a maritime injury, our New Orleans maritime lawyers can help you get the benefits and compensation you need. Contact us today to schedule a free consultation.
Do You Need a Maritime Lawyer?
It is always a good idea to consult with an attorney whenever you are injured at work. However, a maritime injury is different from an ordinary workers’ compensation claim. It is important to find an attorney with the right skillset to help with your maritime injury claim.
Maritime attorneys have specialized knowledge of maritime laws. They can provide a comprehensive guide to your maritime injury and represent you during the legal process. Some of the tasks a maritime lawyer may perform include:
- Gathering evidence to build a strong case
- Reviewing medical records and consulting with medical experts
- Negotiating with insurance companies on behalf of their clients
- Representing clients in court proceedings
- Ensuring injured workers receive the full compensation they are entitled to
By working with a skilled maritime lawyer, injured workers can focus on their recovery while their legal representative works to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Legal Options for Maritime Injury Victims
Maritime workers who have suffered an injury due to employer negligence or unseaworthy vessels have several legal options. Your attorney can help you understand which applies to your maritime injury case.
In some cases, it may be possible to file more than one maritime claim at a time to maximize compensation.
The Jones Act
The Jones Act is a federal law that provides seamen with the right to seek compensation from their employer if they have been injured on the job due to negligence. A Louisiana maritime attorney can help injured workers determine if they qualify for protection under the Jones Act and assist with filing a claim.
Under the Jones Act, you may be able to recover compensation for lost wages, medical care, pain and suffering, and other hardships. In the event of a fatality on the job, the family of the deceased may be entitled to death benefits.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that offers no-fault benefits like medical care, wage replacement, vocational rehab, and survivor benefits to maritime workers. Eligible workers include:
- Longshoremen
- Dockworkers
- Shipbuilders
- Repairers
- Some offshore contractors
These workers are not considered seamen and, therefore, are not eligible for Jones Act protection.
Maintenance and Cure Claims
Maintenance and Cure is a legal remedy available to injured seamen that requires their employer to provide financial compensation for medical expenses and daily living costs while they recover from their injuries.
Unseaworthiness Claims
Unseaworthiness claims may be filed when a vessel is deemed unsafe or unfit for its intended purpose, leading to injury or death. Shipowners have a legal obligation to maintain a seaworthy vessel.
Negligence Claims
In addition to the Jones Act, maritime workers can file negligence claims against their employer or other responsible parties for failing to provide a safe working environment, proper training, or adequate safety equipment.
What Are Maritime Injury Causes?
Maritime injuries can occur in various forms, affecting seamen, longshoremen, harbor workers, and offshore employees. As a result, maritime workers face a heightened risk of serious injury or even death.
A Louisiana maritime attorney can help victims of these accidents navigate the complex legal landscape and seek compensation for their injuries. Some of the most common causes of maritime injuries include:
- Mechanical accidents: Heavy machinery accidents and injuries caused by faulty equipment, defective products, or poorly maintained machinery
- Crane and winch accidents: Accidents involving the operation of cranes and winches can lead to serious injuries or fatalities
- Vehicular accidents: Injuries sustained in vehicle collisions at ports, harbors, or other maritime facilities.
- Electrocutions: Instances of electrocution due to faulty wiring or equipment malfunction
- Fires and explosions: Injuries or fatalities resulting from fires or explosions onboard vessels or at maritime facilities
- Slip and fall accidents: Injuries sustained from slips, trips, and falls on wet or slippery surfaces
- Repetitive–motion or overuse injuries: These are common in roles requiring long hours of manual labor, such as deckhands or engineers
- Exposure to toxic chemicals: Injuries or illnesses caused by exposure to hazardous substances, such as asbestos, benzene, or hydrogen sulfide
- Offshore accidents: Incidents that occur on oil rigs, natural gas wells, or other offshore facilities
- Falls overboard: Or injuries caused by weather or unstable conditions, which can result in drowning, spinal cord damage, or other serious trauma
- Vessel sinkings: Injuries or fatalities resulting from the sinking of a ship or other maritime vessel
A Louisiana maritime attorney can help individuals who have experienced any of these types of injuries understand their legal rights and pursue compensation.
Get Legal Help From a Louisiana Maritime Attorney
A maritime injury is an injury or illness related to the maritime industry, and typically not covered under ordinary workers’ compensation. Unfortunately, accidents are common for maritime workers, and the consequences can be severe.
If you have suffered a maritime injury, our knowledgeable Louisiana maritime attorneys will evaluate your case, determine your eligibility for compensation, and guide you through the complex legal process.
Don’t let the challenges of maritime law prevent you from seeking the compensation you deserve. The team at Cueria Law Firm in New Orleans can help. Contact us today to discuss your case and learn how we can help you on your path to recovery.