Offshore workers are often subject to complex maritime laws that can be difficult to wrap your head around after suffering an injury. When you want to make sure you get the compensation you’re entitled to, get help from a qualified New Orleans offshore injury attorney.
When you work on the shores of the United States and endure a work-related injury, your case will be governed under maritime laws. Many workers refrain from pursuing the money they need because they don’t understand these laws and aren’t sure how to go about filing a claim against their employers.
Fortunately, a New Orleans offshore injury lawyer at Braud & Gallagher is equipped to handle all of your maritime injury needs. We’ll do whatever it takes to help you secure the funds you need to move forward with your life.
Types of Vessels Covered under Maritime Law
Depending on whether or not you are classified as a seaman or some other type of offshore worker, different laws will apply to your case. Seamen will file their claims under the Jones Act, and everyone else will pursue their damages under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
However, you will need to have been injured aboard a qualifying vessel, which might include barges, ferry boats, offshore oil rigs and platforms, ships, and other boats, to name a few. After reviewing the specifics of your case, your maritime attorney will be able to ascertain whether or not your claim will fall under maritime law.
Common Injuries Offshore Workers Endure
Those who work offshore are employed in a particularly dangerous industry. For this reason, the risk of workers suffering serious injuries is high. When you get hurt at work, you may need legal representation in order to obtain the money that’s rightfully yours.
Sea workers are fortunate in that maritime laws are very employee-friendly, meaning your employer is obligated to provide a safe work environment for their employees at all times.
If they don’t fulfill this obligation, the vessel you work on may be considered unseaworthy, at which point your employer can be found liable for your injuries. Some of the most frequently seen types of injuries offshore workers endure may consist of:
- Third-degree burns
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injuries
- Electric shock
- Broken bones
- Spinal cord injuries
Injuries this severe could result in a lengthy hospital stay and time out of work where you’ll be unable to continue earning a living. For this reason, reaching out to a knowledgeable attorney who is well-versed in maritime laws will be in your best interest.
Securing Full Compensation for Your Damages
The type of worker you are classified as will determine which damages you are entitled to, as seamen and other injured offshore workers injuries will fall under different maritime laws.
For seamen, damages will fall under the Jones Act. Here, injured offshore workers will be able to recover lost wages and property damages as well as compensation for lost earning capacity, pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium, among other damages.
Additionally, seamen are able to have their necessary household expenses and medical bills covered by their employer. This is known as maintenance and cure.
Other Injured Workers
Under the LHWCA, injured workers who aren’t considered seamen will be able to receive 66 ⅔ percent of their average weekly earnings, as well as educational opportunities and/or vocational training if they won’t be able to return to work in the same industry they were working in before they were injured.
Fatal Offshore Injuries
There is also the question of what happens if a worker is killed at sea. Under the Death on the High Seas Act (DOHSA), the personal representative of the decedent’s estate may bring a claim against the liable party and recover damages for the benefit of the decedent’s surviving spouse, children, parents, or other dependent relatives.
Damages awarded under DOHSA are referred to as pecuniary damages, meaning they have an exact quantifiable monetary value and may include the decedent’s medical bills, property damages, funeral expenses, and lost wages.
Work with an Offshore Injury Lawyer in New Orleans
Maritime laws are complicated, and working with an experienced New Orleans offshore injury lawyer at Braud & Gallagher is the best way to ensure that you understand which laws will apply to your case. You can schedule your free case evaluation today when you fill out the convenient contact form we’ve provided below or by giving our office a call at 1-800-256-5674.