Intracoastal City Maritime Injury Lawyers
Intracoastal City Maritime Accident Lawyers. Make the Wright Call.
Intracoastal City Maritime Accident Lawyers Focused on Helping You.
The Intracoastal City Maritime Injury Lawyers of Domenegeaux Wright Roy & Edwards have spent decades protecting the rights of Louisiana maritime workers and seamen after injuries. Intracoastal City provides access to Vermilion Bay and the Gulf of Mexico. It is vital to Louisiana’s offshore and commercial fishing industries, with maritime workers living in Abbeville and throughout Vermilion Parish.
The Gulf Intercoastal Waterway is essential to the shipment of energy products, chemicals and other commodities, as are the maritime workers who work in this Louisiana port, and the seamen who work on the vessels.
Maritime workers have demanding responsibilities. Because of the risks that come with working on ships, tugboats and at ports, in shipyards, docks and terminals, there are federal laws that provide strong protections for maritime workers. The Jones Act provides automatic “maintenance and cure” benefits for injured seamen – those who work on ships and other floating structures. It also entitles seamen to seek full compensation when their employer or someone else is to blame for their injuries.
For longshoremen and other maritime workers who do not qualify as seamen under the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), and other laws can provide similar support for compensation, depending on the circumstances of you case.
Understanding Longshoremen & Harbor Workers’ Claims
There are complex laws that determine each workers’ legal rights. In particular, the Longshore and Harbor Workers’ Compensation Act (LHWCA) covers maritime workers who work on or near navigable waters. If you are a longshore worker, harbor worker, ship repair worker, shipbuilder, or similar maritime worker injured on the job, our experienced Louisiana maritime injury attorneys can help you get the compensation you deserve.
Under the LHWCA, maritime workers and longshoremen are entitled to financial compensation, benefits, and services if they are injured, disabled, or killed as part of their employment. The LHWCA provides coverage for any injury sustained on the job or occupational disease that arises from or is damaged by marine employment.
Injured workers are eligible for benefits under LHWCA maritime law regardless of their previous physical condition and pre-existing injuries if the conditions are aggravated, re-injured, or worsened during employment.
The LHWCA provides the following types of benefits to injured workers:
- Medical Expenses
- Disability Compensation
- Rehabilitation Services
Injured in a Maritime Accident? Make the Wright Call.
Understanding Jones Act Claims
The Jones Act provides compensation rights to those who have been injured or developed an illness while working aboard or in connection to a vessel. Vessels that qualify under the Jones Act include all types of ships and boats common to Intracoastal City and the Louisiana offshore industry, including container and cargo ships, tugboats, commercial fishing boats, offshore drilling ships, tankers and barges.
To be entitled to compensation under the Jones Act, three criteria must be met:
- The worker must meet the criteria of a “seaman.”
- The worker must sustain the injury or develop the illness during the course of his or her employment.
- The worker’s injury or illness must result from negligence on the part of his or her employer or other employee.
- Generally, contract workers, longshoremen and harbor workers cannot bring a Jones Act claim.
Any injury that occurs as a result of the negligence of the vessel owner or another employee can be an opportunity for compensation under the Jones Act as long as the injury happened under the scope of the seaman’s employment. The amount of damages recovered by the seaman may be reduced in proportion to the amount of his or her liability for the injury.
The types of compensation that may be available under the Jones Act and general maritime law include maintenance and cure.
“Maintenance” refers to the payment of room, board and wages from the time the seaman leaves the ship until her or she returns to work or returns to “maximum medical improvement.”
“Cure” refers to payment of reasonable medical expenses to treat the injury or illness. The payments start at the time of the injury and continue until the seaman reaches maximum medical improvement – when the condition will no longer improve with continued medical treatment.
Unseaworthiness Claims & The Jones Act.
A vessel owner has a duty to maintain the ship in a seaworthy, or safe manner to ensure those employed on the vessel have a safe working environment. If the vessel, crew or equipment are found to be unseaworthy, then the seaman is entitled to additional compensation above the rewards for maintenance and cure.
This compensation can include damages for pain and suffering, loss or impairment of earning capacity and other losses attributable to the injury or illness and unseaworthy condition of the ship. Unlike a Jones Act claim, which is brought against the seaman’s employer, an unseaworthiness claim is made against the vessel owner.
COMMON ACCIDENTS TO LONGSHOREMEN & MARITIME WORKERS
Longshoremen and harbor workers’ injuries and fatalities are commonly caused by accidents including:
COMMON INJURIES TO MARITIME WORKERS
Maritime workers and seamen are exposed to dangers each day on the job and as part of crews. Even with proper training, accidents can still occur, and these injuries are unfortunately among the most common:
- Back Injuries
- Bone Fractures
- Brain Injuries
- Catastrophic Injuries
- Chemical Injuries
- Crush Injuries
- Hearing & Vision Loss
- Herniated Disc Injuries
- Neck Injuries
- Repetitive Use Injuries
- Shoulder Injuries
- Spinal Cord Injuries
- Wrongful or Accidental Death
- Asbestos-related injuries, including Mesothelioma
THE LHWCA EXCLUDES THESE TYPES OF EMPLOYEES FROM COVERAGE
- Shipbuilders who are employed to build recreational vessels smaller than 65 feet long
- People employed by a marina and who are not engaged in the construction, replacement, or expansion of the marina (except for routine maintenance)
- Mechanics or repairmen for recreational vessels
- Aquaculture workers
- Captains and crew members of vessels, for instance any type of boat or ship. These workers are entitled to protection under a federal law known as the Jones Act.
JONES ACT REPRESENTATION FOR MARITIME WORKERS
If you were injured in a barge accident, on a tugboat or suffered an injury while employed on a ship, a floating structure or vessel, you could have a Jones Act claim. Don’t risk filing your Jones Act case until you have talked to an experienced, aggressive Intracoastal City Jones Act attorney with experience in all types of maritime accidents and the Jones Act.
CALL US FOR AN HONEST ASSESSMENT OF YOUR CASE
We can provide you with experienced legal guidance in all aspects of maritime law, and we offer free initial legal consultations. Federal law provides strong protection for injured maritime workers under the LHWCA and the Jones Act. Each comes with a statute of limitations and other specific procedures.
If the claim is due to an occupational disease, such as hearing loss or lung conditions due to exposure to asbestos, the filing requirement is two years from the date you first become aware of the occupational disease, your disability, and its impact on your employment.
You should not wait to file your claim. The longer you wait, the easier it will be for your employer to argue that your injuries are unrelated to your work. You need professional legal representation to help you receive the compensation you deserve.
Make the Wright Call. Call 337-291-HURT.
If you or a family member has been injured in a maritime accident, or for more information about LHWCA or Jones Act, contact the Intracoastal City Maritime Lawyers for a free consultation at Domengeaux Wright Roy & Edwards LLC by calling toll-free 1-800-375-6186 or locally at 337-291-HURT. Our lawyers handle maritime cases on a contingency fee basis, meaning you never pay any legal fees unless we win compensation for you.
Our trial attorneys have helped maritime workers and injured clients from communities throughout Louisiana, including in Abbeville, Baton Rouge, Houma, Lake Charles, Lafayette, New Iberia and New Orleans.