Proving fault in a Jones Act claim may be necessary for some maritime work injury cases, and this may require multiple forms of evidence along with witness testimony. The claimant will need to prove that their injury occurred through the course of performing their work duties on a maritime vessel, but proving fault will be necessary if employer negligence or vessel unseaworthiness is alleged in the claim.
Baton Rouge Maritime Lawyer
Jones Act Attorneys In Baton Rouge, Louisiana
If you or a loved one works in any type of maritime operation from Louisiana, it is vital to understand your rights when it comes to injuries sustained at sea or while on certain maritime vessels. These types of cases are very different from personal injury cases and work injury cases on land, and you are likely to require assistance from an experienced Baton Rouge maritime accident lawyer if you experience any such incident.
The team at Murphy Law Firm has extensive professional experience helping our injured clients in the Baton Rouge area through all types of injury claims. Maritime accident cases are especially challenging due to the unique nature of the laws that apply to these cases. You should not assume that an injury at sea will lead to the same type of legal proceedings as you could expect after an injury occurs on land.
Understanding Your Rights After a Maritime Accident
Louisiana is home to some of the nation’s busiest waterways, including the Mississippi River and the Gulf of Mexico. While these waters play a vital role in the state’s economy, they pose significant risks for seafarers and their passengers. Maritime accidents can take many forms, including:
- Vessel collisions. Proper navigation is essential for safe maritime operations. If you were injured due to a navigation failure or the negligence of a vessel operator, proving fault for the collision is likely to be the first major legal challenge you encounter in the aftermath of your accident.
- Fires. A fire aboard any seafaring vessel can be extremely dangerous in many ways. The vessel’s systems could fail, and occupants of the vessel may be forced into the water. These incidents can lead to severe burn injuries along with injuries from explosions, smoke inhalation, and drowning if those affected are forced into the water.
- Sinking or capsizing. This type of incident might occur for various reasons. If your vessel sank or capsized due to a specific party’s negligence, you likely have grounds for legal recourse that may yield substantial compensation for any resulting damages.
- Slip-and-falls on deck. The deck of a seafaring vessel is likely to be slick with water, and those aboard are expected to have appropriate footwear and to know how to move safely across these surfaces. However, if a slip and fall on deck results from negligence, it can form grounds for a maritime injury claim.
- Equipment malfunction. The equipment aboard most seafaring vessels will require regular maintenance and repairs. Equipment may also require operators to have specific training. When malfunctions occur, a wide range of negative effects are possible depending on the function of the equipment, from crushing and amputating injuries to severe burns, explosions, and lacerations.
- Exposure to hazardous materials. All maritime work is inherently dangerous in several ways, but many people working in these operations face exposure risk from many types of hazardous materials. Employers must account for such risks and provide employees with appropriate safety equipment. They must also enforce applicable regulations to minimize the chance of harm from exposure to hazardous materials.
Victims of these events can sustain severe injuries, such as concussions and broken bones, resulting in costly treatment and altering their quality of life. At Murphy Law Firm, our Jones Act attorneys protect the rights of those hurt in maritime accidents and ensure they receive just compensation. Regardless of the accident type, our seasoned Louisiana lawyers can build a strong case on your behalf.
The Jones Act
The Jones Act provides seamen the right to sue employers for injuries resulting from negligence or vessel unseaworthiness. If the company isn’t at fault, maritime workers are still entitled to maintenance and cure benefits. These refer to payments for living expenses and medical treatment until they reach maximum health recovery.
If you’re a seafarer who sustained injuries from a maritime accident, our Jones Act attorneys can help you understand your rights and the benefits you can claim. These may include compensation for lost wages, medical expenses, and pain and suffering.
Besides the Jones Act, other laws and regulations may come into play in maritime accident cases, including the Death on the High Seas Act and the Longshore and Harbor Workers’ Compensation Act. A competent Louisiana personal injury lawyer can help you navigate the complex legal landscape and ensure that your rights are upheld.
What to Expect in a Work Injury Case
Most workers throughout the state are familiar with the workers’ compensation system and know what to expect if they are injured while working. Workers’ compensation insurance can cover employees who suffer injuries on the job, paying for their medical treatment costs and compensating them for the income they cannot earn while they recover. The Jones Act and other maritime injury laws work similarly with a few key differences.
If you intend to file a Jones Act claim, you have the right to seek maintenance and cure through your employer. This means they will need to cover your medical expenses and the income you are unable to earn due to your injury. It may be possible to collect additional compensation under certain conditions or if your injury happened due to employer negligence, intentional misconduct, or noncompliance with applicable maritime regulations.
Murphy Law Firm Will Protect You
At Murphy Law Firm, we understand the physical, emotional, and financial toll maritime accidents can have on victims and their families. We will work closely with you to gather evidence, establish liability, and negotiate with employers or insurance companies to secure a just settlement. If necessary, our maritime accident attorney will fight for you in court to ensure you receive fair compensation.
You may have more than one legal avenue of recovery available to you, and time is a critical factor for any type of maritime injury claim. It’s vital that you connect with a Baton Rouge maritime accident lawyer as soon as you can so they can immediately begin working on your case. Contact us today to schedule a free consultation.
FAQs
What Is Maritime Negligence?
The term “maritime negligence” can refer to any failure to use reasonable care on a maritime vessel or failure to meet a specific duty of care. Proving negligence in most maritime injury cases will require proof that the defendant owed the plaintiff some duty of care, breached that duty of care, and directly harmed the plaintiff as a result. The injured plaintiff will also need to prove their claimed damages directly resulted from the defendant’s negligence.
How Much Is My Maritime Accident Claim Worth?
The potential value of your maritime accident claim will depend on the overall severity of the harm you suffered and the type of claim you intend to file. Maritime law is inherently complex, and you may need to refer to one or more maritime laws to determine the full range of your legal options. Your Baton Rouge maritime accident lawyer can provide an estimate of your claim’s total potential value.
Will I Win More Compensation if I Hire a Baton Rouge Maritime Accident Lawyer?
Hiring a Baton Rouge maritime accident lawyer is one of the most effective ways to help ensure maximum recovery from your recent maritime accident. Depending on the laws that apply to your situation, you may have more recovery options available to you than you initially realize. You may also have grounds to claim more compensation than you may expect. The right attorney can help you explore all available channels of recovery in your case.
Why Should I Hire a Baton Rouge Maritime Accident Lawyer?
You should hire a Baton Rouge maritime accident lawyer because these cases are inherently complex in many ways. If you tried to handle your case on your own, you would likely encounter legal challenges that you would not know how to overcome without legal representation on your side. Working with an experienced Baton Rouge maritime accident lawyer significantly increases your chance of success with your claim.
Contact us if you or a loved one sustained severe injuries while aboard a charter boat, ferry, or any other marine vessel. We offer a free consultation to discuss your case and determine the best action. Our attorneys have extensive experience in maritime accident law. And we do not compromise when it comes to protecting your rights. Let us help you secure the justice and compensation you deserve.
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