Maritime workers are vital to the fuel industry in and around Lake Charles. Every day they perform necessary and often dangerous work. In the aftermath of an offshore accident, you might wonder how to get fair compensation for your injuries. Maritime workers have rights under federal law. Morris & Dewett can help you understand and exercise those rights.
What Is Maritime Law?
Maritime law is a niche area of law that applies to navigable water, defined as bodies of water that ships and boats can use as routes of transport. This law applies different rules to activities happening on water, extending to work sites like ports and oil and gas rigs.
Importance in Lake Charles
Lake Charles is a crucial hub for the fuel industry, with the city's waterways home to petrochemical plants, an oil refinery, and a natural gas terminal. These industries provide vital jobs for residents. Maritime law usually applies for worker safety and protection.
Maritime Accident Injuries Morris and Dewett Specializes In
Morris & Dewett has stood by Louisiana maritime workers since 2001.
Common Injuries Among Seamen
Seamen face working environments making them vulnerable to injury including slip and fall injuries, broken bones, brain injury, and neck and spinal cord injury.
Offshore Worker Injuries
Oil and gas industry workers experience hazardous conditions. OSHA identifies numerous hazards including explosions, fires, falls, toxic exposure, and caught-between or struck-by accidents.
PTSD and Mental Health Impacts
Maritime injuries' long-term mental health effects are often overlooked. Injured maritime workers can experience post-traumatic stress disorder. Catastrophic physical injuries like brain and spinal cord trauma carry devastating mental health impacts. Workers deserve fair compensation for both physical and mental health impacts.
How We Get Compensation for Maritime Injuries
Most maritime employees are exempt from state workers compensation statutes. Instead, maritime lawyers find protections through laws like the Jones Act and the Longshore Harbor Workers Compensation Act.
Jones Act Claims
Maritime workers can claim compensation under the Jones Act, enacted to encourage a safe, robust marine industry. It gives seamen the right to sue employers for injuries from employer negligence. Workers covered include cooks, deckhands, electricians, entertainers, and crew members. Filing claims resembles personal injury claims, requiring demonstration of employer negligence.
Longshore Harbor Workers Compensation Act
Some maritime workers are covered by the LHWCA, a federal law paying financial compensation, medical care, and vocational rehabilitation to workers injured on navigable waters or adjoining areas such as piers, docks, and wharves. Workers usually falling under this law include longshore workers, shipbuilders, ship breakers, and harbor construction workers.
Frequently Asked Questions
- Q: Who is eligible to file a maritime injury claim?
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All injured maritime workers have the right to seek legal compensation. Rights are laid out either under the Jones Act or the LHWCA, depending on whether they are crew members on vessels in navigation.
- Q: What compensation can I receive for a maritime injury?
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Compensation depends on whether claims fall under the Jones Act or the LHWCA. Jones Act claims include current and future medical expenses, lost wages, loss of future earning capacity, and pain and suffering. LHWCA provides disability benefits including financial compensation, medical care, and vocational rehabilitation.
- Q: How does the Jones Act protect injured maritime workers?
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The Jones Act allows maritime workers to sue employers for negligence causing injury. It allows claims for several damage types, including pain and suffering. Employers are encouraged to maintain safe workplaces to avoid injuries and legal action.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.