January 26, 2023
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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 your rights and support you.
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. Maritime law applies a different set of rules to activities that happen on water.
This extends to work sites like ports and oil and gas rigs. Maritime workers include many Louisiana residents who participate in our state’s fuel industry and whose on-site safety is governed in part by maritime law.
If you are in a maritime accident, your legal team should include maritime lawyers who know the specialized rules and procedures needed to seek financial compensation.
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 are a vital source of jobs for Lake Charles residents. For the safety and protection of those workers, maritime law usually applies. People who face a challenging future after a maritime accident should reach out to a maritime law firm in Louisiana.
Morris & Dewett has stood by Louisiana maritime workers since its founding in 2001. Our law firm’s local knowledge means we offer the personal dedication offshore workers want when they need to assert their legal rights. We handle a range of maritime accident cases when nothing short of excellent legal representation will do.
Seamen are exposed to working environments that make them vulnerable to injury. Workers might suffer:
The impact of these injuries can be devastating for hardworking seamen. Our maritime lawyers use their in-depth knowledge of this legal area to seek maximum compensation for these workers.
People employed in Lake Charles’ oil and gas industry and other areas of the fuel sector are often exposed to hazardous conditions. The Occupational Safety and Health Administration (OSHA) has identified numerous hazards for maritime workers and others involved in oil and gas extraction. They include:
Recognizing how serious these injuries can be for workers, we offer diligent and dedicated representation aimed at just and fair compensation under maritime law. Often these injuries involve complex legal claims for catastrophic injuries. Our experience with these types of lawsuits offers clients peace of mind that they will be treated with respect and dignity during this challenging time.
A critical but often overlooked aspect of maritime injuries is the long-term effect on mental health. Injured maritime workers can later experience post-traumatic stress disorder (PTSD), a serious mental health diagnosis that can be challenging to treat. Some catastrophic physical injuries, such as brain and spinal cord trauma, can come with devastating impacts on mental health.
Workers who live with physical or mental health impacts from an on-the-job incident should have the same access to fair compensation, and we are committed to helping them obtain it.
Maritime law encompasses several acts that govern maritime workplace injuries. Most maritime employees are exempt from general state workers’ compensation act statutes that provide protections for other groups of workers.
Instead, maritime lawyers find protections for their clients through laws like the Jones Act and the Longshore Harbor Workers’ Compensation Act (LHWCA). The law that applies to you depends on the type of vessel that you were working on when you were injured. These laws are mutually exclusive, meaning each worker’s case can only fall under one law.
Since the LHWCA excludes anyone who is a crew member of a vessel in navigation, these workers generally make claims under the Jones Act. We are respected lawyers in offshore accident claims and can help you assess the law that applies to you.
Maritime workers can claim compensation for on-the-job injuries under the Jones Act. This federal law, also called The Merchant Marine Act of 1920, was enacted to encourage a safe and robust marine industry for both commerce and national defense. It gives seamen the right to sue their employers for injuries that are the direct result of employer negligence.
Maritime workers fall under the Jones Act if they contributed to the operation of a vessel in active service when the accident happened. Examples of workers covered by the Jones Act are:
Even an employee not directly involved in the technical navigation or operation of the vessel can have rights to injury compensation under the Jones Act. If you want to better understand your legal rights after an injury at sea or boat accident, get in touch with us today.
Filing a claim under the Jones Act is similar to starting a personal injury claim in that your legal team must demonstrate your employer’s negligence led to your injury. Our professional attorneys can give you a fuller understanding of your legal options.
Some maritime workers are covered by the Longshore Harbor Workers’ Compensation Act (LHWCA). This federal law pays out financial compensation, medical care, and vocational rehabilitation to workers injured on navigable waters or adjoining areas such as piers, docks, and wharves.
The LHWCA defines an adjoining area as one that’s used to load, unload, build, or repair a vessel. Groups of workers who usually fall under this law include longshore workers, shipbuilders, ship breakers, and harbor construction workers. Claims under the LHWCA are paid out through the employer’s insurance companies, similar to a general state or private workers’ compensation claim.
Our Lake Charles maritime injury lawyers have the experience and dedication necessary to take on difficult cases. Our firm has consistently earned high ratings from past clients who note the care, attention, kindness, and professionalism of our attorneys. This trust has enabled us to stand by injured people in some of the most notable personal injury cases in Louisiana.
We have secured financial compensation for people who have endured unfathomable suffering because of employer negligence. Our law firm’s track record includes a $32.5 million settlement for workers injured in a plant explosion and $31.5 million for a person living with severe spine and brain injuries after an oilfield safety violation.
These clients showed undeniable bravery in taking legal action. The aggressive action of our attorneys meant these individuals got the fair compensation they deserved.
Under maritime law and the Louisiana statute of limitations, you have a limited amount of time to start a legal claim. By contacting us now for a free case evaluation, you can get this process started. Learn how we can help by getting in touch today.
All injured maritime workers have the right to seek legal compensation. Their rights to a claim are laid out either under the Jones Act or the Longshore Harbor Workers’ Compensation Act, depending on whether they are a crew member on a vessel in navigation.
Compensation depends on whether your claim falls under the Jones Act or the Longshore Harbor Workers’ Compensation Act (LHWCA). Under the Jones Act, your claim can include current and future medical expenses, lost wages, loss of future earning capacity, and pain and suffering. Under the LHWCA, you can claim disability benefits including financial compensation, medical care, and vocational rehabilitation.
The Jones Act allows a maritime worker to sue an employer for negligence if they caused the worker’s injury. It allows workers to claim several different types of damages, including pain and suffering. Employers are therefore encouraged to keep workplaces safe to avoid employee injuries and legal action.
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