Maritime law is much more complex than other areas involving workplace accidents. There are numerous potential laws that could apply to your case, along with potentially higher financial stakes. Getting legal help early matters, because evidence aboard a vessel can change or disappear quickly. Depending on which law applies to your job, you may be able to file a personal injury lawsuit rather than a workers’ compensation claim. Reach out to the family at Inzina Law Injury Attorneys today to learn more about the options available to you after you have suffered a maritime injury.
We take maritime cases from anywhere in Louisiana. The people who call us work the Gulf, the Intracoastal Waterway, the Mississippi and the Atchafalaya, and the ports and yards at Port Fourchon, Morgan City, Intracoastal City, the Port of Iberia, Cameron, Venice and Houma. Which federal law covers you depends on your job and on the vessel, not on how far you live from our Lafayette office.
How dangerous is maritime work?
Regardless of where you are physically working in the maritime industry, it is known as one of the most dangerous professions for workers. Fatality rates in maritime work run well above the average across American occupations, and longshore and dock work carries a high injury rate as well. While much of the statistical focus is on death, workers who suffer injuries on the job may never be the same again, and their ability to earn a living may be severely compromised.
Common Causes of Maritime Injuries
Maritime injuries can occur both onshore or offshore. Whether you are working on a boat or in a supporting profession that is in close proximity to the water, you can suffer maritime injuries in the following types of accidents:
- Overexertion injuries: Maritime workers frequently lift heavy items and perform intensive physical labor.
- Slips and Falls: There are numerous pieces of equipment and slippery substances that line walking paths both on and offshore.
- Machinery accidents: Workers use complex and heavy machinery, and it may be either defective or not properly maintained. You can sue the manufacturer in a product liability lawsuit if you were hurt by defective machinery.
- Vessel accidents: The barge or vessel that you were on can strike a pier or another vessel on the water.
- Falling overboard: You can fall either off the vessel entirely or between vessels when the boats are onshore.
- Exposure to chemicals: There may be toxic fumes or other chemicals in use, both on boats or onshore. Employees may be working with toxic chemicals that can cause severe illness or injury.
- Fires and explosions: Flammable substances or the engine itself could ignite or explode, causing severe burns or other injuries.
It is vital that you know the cause of the accident. To win a lawsuit, you need to prove that someone fails to uphold their duty of care. If you are filing a worker’s compensation claim, you must prove that you have suffered a work-related injury.
What Is Maritime Law?
There are a series of federal laws that could provide a pathway for financial compensation if you have suffered a maritime injury. Depending on the circumstances, you may be able to file either a personal injury lawsuit or a workers’ compensation claim. There are three major federal laws that you may use to be compensated for a maritime injury:
- Jones Act: You may be able to file a personal injury lawsuit against your employer if you are a seaman, which means your work has a substantial connection to a vessel in navigation, in both its duration and its nature. Courts often use roughly 30 percent of working time aboard as a rule of thumb, but that is a guideline rather than a fixed line, and whether you qualify turns on what your job actually involves.
- Death on the High Seas Act: When a death is caused by wrongful conduct on the high seas more than three nautical miles from the shore of the United States, certain family members can bring a claim for what they have lost. Inside that three mile line, other laws apply instead.
- The Longshore Harbor and Workers’ Compensation Act: This is a federal program that offers workers’ compensation benefits for longshoremen injured on the job. It covers workers in more traditional maritime occupations who are not on navigable vessels.
Why Do I Need a Maritime Injury Lawyer?
The amount of compensation you receive depends on the law you are using to obtain financial compensation. Your attorney would review your situation to determine how and whether you can pursue compensation for your injuries. They would then handle the claim or the lawsuit from there.
Our team can perform the following tasks for your maritime injury case:
- Investigate the accident and gather helpful evidence for your case
- Explain your legal rights and help you choose the correct course of action
- Estimate the value of the damages you are seeking
- File a workers’ compensation claim or lawsuit on your behalf
- Negotiate a settlement of your lawsuit or claim
- Try your case in court, advocating for you throughout the legal process.
Maritime claims run on federal law and on short timelines, so it helps to work with someone who handles them regularly.
Contact a Louisiana Maritime Injury Lawyer Today
The family at Inzina Law Injury Attorneys is here to assist you after you have suffered a maritime injury. We know how the system works and how to effectively advocate for you. All it takes to get started is one phone call or message to schedule your free initial consultation. You can send us a message online, or you can call us today to speak with a member of our team.