New Orleans Maritime Injury FAQ
As an offshore worker or other type of maritime employee, suffering an injury at work can be a one of the most challenging times of your life. With that in mind, we have answered some of the most common questions we have received in regard to maritime injuries and claims below. If you have additional questions, contact our office for personalized answers to your questions.
What is the Jones Act?
The Jones Act is a federal law that protects seamen who suffer work-related injuries on an unseaworthy ship or vessel. The burden of proof in finding a ship unseaworthy is fairly low, as even the most minor condition, such as a slippery deck, can render a ship unseaworthy. A Jones Act lawyer can give you further details.
What is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides maritime employees who are not seamen with benefits when they endure on-the-job injuries. Such employees might include those who work on oil rigs, longshoremen, shipyard workers, and harbor workers, to name a few.
What is maintenance and cure?
Maintenance and cure are benefits available to seamen under the Jones Act. Maintenance provides coverage of necessary living expenses, such as rent or mortgage assistance, utility bills, groceries, and the like, while cure provides coverage of the medical expenses you incurred as they relate to your work injury.
What benefits can I get under the LHWCA?
LHWCA benefits are nearly identical to most state workers compensation benefits and include coverage of work-related medical costs, wage replacement benefits, vocational rehabilitation, and death benefits, where applicable.
Does it matter who is to blame for causing my maritime injury?
Under the LHWCA, fault is irrelevant as long as your injuries stem from the work you perform for your employer. However, under the Jones Act, injured seamen are only eligible for benefits if the ship or vessel is considered unseaworthy.
Work with a New Orleans Maritime Injury Lawyer
For more individualized information or to schedule a free claim review with a highly trained New Orleans maritime injury lawyer, contact the Law Office of Braud & Gallagher. You can give our office a call at 1-800-256-5674 or submit the quick contact form at the bottom of this page to set yours up.