Suffering an injury while you’re working offshore can make it difficult to secure the compensation you deserve. When you need help bringing your employer to justice, work with a New Orleans Jones Act attorney.
Seamen who are injured at work often run into legal issues when attempting to get their costs and damages covered by their employer. Thankfully, the Jones Act provides protection for these workers so they aren’t stuck with a mountain of expenses they should never be expected to pay for.
A maritime attorney at Braud & Gallagher is prepared to fight for the money you deserve. Your New Orleans Jones Act lawyer will build a powerful case against your employer so that they have no choice but to provide compensation for all you’ve been through as an injured seaman.
The Purpose of the Jones Act
The Jones Act has been in place since 1920, when the federal government saw that it was increasingly necessary to protect seamen who are injured at work. But which offshore workers are considered seamen? If you work on a vessel that is capable of working in or currently working in navigable waters and you spend a significant amount of your time onboard, then you may be considered a seaman.
Under the Jones Act, injured sea workers have the opportunity to hold their employers accountable for their damages when they suffer a work-related injury or illness. When you file your claim, you can obtain the compensation you need to recover without having to worry about how you’ll continue to support yourself and your family while you recuperate.
Ways Seamen Can Be Injured
Before you can start collecting the compensation you’re entitled to, we will need to establish that your employer is, in fact, at fault. The Jones Act states that it is the responsibility of your employer to maintain a safe work environment at all times.
This means that if at any moment the conditions of your work environment weren’t safe, your employer can be found liable, no matter how minor their contribution to your injuries might have been. Here are a few examples of ways seamen are frequently injured that warrant the filing of a claim under the Jones Act:
- Suffering an injury due to faulty or malfunctioning vessel equipment
- Being harmed by a violent colleague
- Being forced to work without the appropriate training or equipment
- Working on a slippery deck surface due to a grease or oil spill
These are just a few examples of how seamen could suffer an injury while working on a vessel. Any instance of your vessel being unsafe, whether listed above or not, is grounds for the ship being deemed unseaworthy. Your maritime lawyer can review the details of your accident to determine whether or not your employer is expected to be found negligent in your New Orleans case.
What Damages Injured Seamen Are Entitled To
Damages in a Jones Act claim are similar to those of a personal injury claim, with a couple of important differences.
First, injured seamen are entitled to what’s known as maintenance and cure. Maintenance means that your employer will be expected to cover your living expenses, including your rent or mortgage, your utility bills, and your groceries, while you are unable to earn a living. Cure is when your employer will cover the total costs of your medical expenses as they relate to your work injuries. But that’s not all.
Just like with a personal injury claim, sea workers who suffer an injury can seek compensation for lost wages, pain and suffering, property damages, loss of enjoyment of life, inconvenience, lost earning capacity, mental anguish, loss of consortium, loss of household services, and the effects of scarring or disfigurement, among other things. Your attorney will quantify your damages so that you can be sure you’re getting the most out of your claim.
Get Help from a New Orleans Jones Act Attorney
Working offshore can be a challenge as it is, but having to navigate the complicated nature of maritime law and the Jones Act just isn’t in your job description.
You can get help from an experienced New Orleans Jones Act lawyer at Braud & Gallagher when you fill out the quick contact form we’ve included at the bottom of this page or give our office a call at 1-800-256-5674.
In doing so, you’ll be able to schedule your free case review, where we can get a better idea of the circumstances surrounding your accident and subsequent injuries.