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Applying for an Offshore Job? A Critical Tip That Could Protect Your Rights

Applying for an Offshore Job!

If you’re applying for an offshore or maritime job, chances are you’re eager to get to work. Many people walk into an office, rush through the paperwork, and focus on one thing: getting on the boat as quickly as possible. But according to Arlen Braud, attorney at Braud & Gallagher, slowing down during the application process could make a major difference in protecting your rights.

Why Rushing Through Paperwork Can Cost You

Whether you’re applying for a job on a vessel, rig, or any offshore operation, the forms you fill out matter. These documents don’t just determine whether you get hired — they can also affect what happens if you’re injured on the job.

Arlen Braud warns that one of the most common and costly mistakes offshore workers make is failing to disclose old injuries.

Always Disclose Past Injuries — Even Old Ones

Many workers think that injuries from years ago don’t matter. Maybe it was a knee injury from high school football, a shoulder problem from construction work, or a back injury from a car accident when you were younger. Because those injuries feel “long gone,” people often check “no” on the paperwork just to move things along.

That can be a serious mistake.

You should always disclose any prior injuries involving your back, knees, shoulders, or any other part of your body — even if they happened many years ago and don’t bother you today. In most cases, being honest about a past injury will not prevent you from getting hired.

The Real Risk: Losing Your Right to Medical Coverage

The biggest danger of failing to disclose old injuries isn’t losing a job opportunity — it’s losing protection if you get hurt.

If you don’t list a previous injury and later injure that same part of your body while working offshore, the company may argue that the injury was pre-existing. In those situations, they may try to deny maintenance and cure and refuse to pay for your medical treatment.

That could leave you responsible for medical bills, lost wages, and recovery costs — something no offshore worker should face alone.

Your Pre-Employment Physical Matters Too

Your responsibility doesn’t end with the paperwork. During your pre-employment physical, it’s critical that you tell the doctor about any prior injuries, conditions, or recurring issues. This creates a medical record that can help protect you if something happens in the future.

Slow Down, Be Honest, and Protect Yourself

Arlen Braud and the team at Braud & Gallagher encourage offshore workers to take a few extra minutes when applying for a job:

  • Read every document carefully

  • Disclose all prior injuries

  • Be honest during your physical

  • Keep copies of what you sign

Those small steps can make a major difference in protecting your health, your income, and your legal rights.

Above all, stay safe out there.

Have any additional questions? Call today to schedule an appointment.

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How Long After a Demand Letter Does a Settlement Take in Louisiana?

After you’ve been injured in an accident, you don’t have any time to waste before the costs start to take their toll. When someone else is to blame for your accident, you may be able to hold them accountable by pursuing legal action against them. One way this can be done is by sending a personal injury demand letter to the liable party and/or their insurance company. 

 

But, there is much that goes into these demand letters, and sending one can offer you some clarity on how long it will take to receive your injury settlement. Continue reading to learn more about what a personal injury demand letter contains and how long it might take for your settlement to be issued.

Components of a Louisiana Personal Injury Demand Letter

Your attorney will be responsible for writing your personal injury demand letter, but you may be wondering what exactly will be contained in yours. Generally speaking, as every case is different, a demand letter starts off by summarizing the events of the accident and confirming liability on the part of the party who will receive your demand letter. 

 

From there, the letter should describe the injuries you sustained, the costs and expenses related to your medical treatment and care, and then detail the various economic and non-pecuniary losses you have endured. Your losses should be quantified at this point so the liable party has a complete understanding of how you and your attorney came to the overall amount you are requesting in the demand letter. 

 

Finally, the demand letter should include supporting documentation of your injuries and losses so the at-fault party can see that you are fully prepared to bring your case to court should they choose to ignore your demand letter or refuse to settle your case.

General Timeline of Events in an Injury Settlement

Once your personal injury demand letter has been sent, the liable party and their counsel or the insurance company will have up to 45 days to respond. They may choose to ignore your letter altogether, or perhaps not even read it, depending on who receives the letter. In this case, a revised demand letter will be sent by your attorney. 

 

This can prolong the amount of time it takes to obtain your injury settlement, and there is no guarantee that they will meet your needs as outlined in your demand letter. For this reason, it may be in your best interests to prepare for court to secure the compensation you may be entitled to.

Reach Out to a Louisiana Personal Injury Lawyer

The personal injury claims process can be quite complex, but when you issue a demand letter, there is a strong possibility that your chances of obtaining an injury settlement you deserve will increase. 

 

You can get in touch with a highly trained Louisiana personal injury lawyer at the Law Office of Braud & Gallagher to learn more about seeking compensation for your losses. We can be reached via the submission form located below or by phone at 1-800-256-5674.

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Mistakes to Avoid in Your Maritime Injury Case

Mistakes to Avoid in Your Maritime Injury Case

If you work on or around the waters of New Orleans, you may be considered a maritime employee. Understanding your maritime employee status will be critical if you are seriously injured at work and will need medical attention of any kind. 

Filing a maritime injury claim can be even more complex than a typical personal injury claim, as there are multiple types of maritime employees, each with their own types of benefits. Below, we have described two of the most common mistakes you should avoid when filing your maritime injury case. 

1. Filing the Wrong Type of Injury Claim

Due to the fact that there are different types of maritime employees and acts under which you can obtain financial support following a work injury, we often find that injured maritime workers will file a claim under the wrong act. If you want to ensure that you don’t make this mistake, you need to understand which type of maritime employee you are and which act you should file a claim under. 

Maritime employees are broken up into two categories: seamen and other maritime employees, like harbor workers, shipyard workers, longshoremen, and those who work on oil rigs. Injured seamen are protected by the Jones Act, while other maritime employees can collect benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

It is often easier to obtain benefits under the Jones Act, as the burden of proof essentially states that if a ship is deemed unseaworthy as a result of an injury, the injured seaman will be entitled to benefits. LHWCA benefits are similar to workers compensation benefits, except only maritime employees can obtain benefits under this act. 

2. Misunderstanding Your Benefits as a Maritime Worker

The other mistake that is commonly made is for the injured maritime employee to misunderstand what benefits they are entitled to, which makes sense, since many claimants make the mistake of filing a claim under the wrong act for their maritime injuries. 

Jones Act recipients are entitled to all of the same types of losses that someone filing a personal injury claim would potentially be able to recover, such as pain and suffering, diminished quality of life, and lost income, to name a few. 

In addition to these losses, injured seamen are also entitled to what is known as maintenance and cure. Cure refers to the complete coverage of your injury-related medical expenses, and maintenance consists of your living expenses, including rent or mortgage payments, groceries, and utilities, among other costs. 

This is different from benefits under the LHWCA, which consist of full coverage of your medical expenses, a disability benefit amounting to approximately 66 percent of your average weekly wages, and job training if your condition will prevent you from continuing to work as a maritime employee. 

Reach Out to a New Orleans Maritime Injury Lawyer

Federal maritime laws are complex, and when you have questions about how you can obtain benefits for your work injury, a New Orleans maritime lawyer may be able to help. To schedule your free consultation at the Law Office of Braud & Gallagher, simply give our firm a call at 1-800-256-5674 or fill out our contact form on the bottom of this page.

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Timeline of a Louisiana Personal Injury Claim

The time period immediately following a serious accident can be chaotic. Not only are you likely dealing with the physical pain and suffering of your injuries, but you’ll also have household responsibilities that need attention, and steadily be accruing medical bills and other expenses while you recuperate. This leaves many injury victims wondering, “What’s next?”

When someone else is to blame for causing your injuries, you may be able to bring them to justice by pursuing civil action against them. We understand how overwhelming filing a lawsuit can seem, which is why we’ve described the timeline of a standard Louisiana personal injury claim below, so you can better prepare yourself for what to expect if you choose to seek repayment of your losses.

Establishing Fault

Once you have made the decision to file a civil claim, and have retained legal representation, the first step in the timeline of your claim is to establish fault.

This is where we will investigate the cause of the accident you were involved in and gather evidence against the culpable party that will show, based on a preponderance of the evidence, that the named party is responsible for causing your injuries.

Damages You Can Recover

After fault has been determined, we move on to calculating the value of your claim. This is done by taking into consideration not just your medical expenses and lost wages, but also lost quality of life, pain and suffering, emotional distress, the loss of companionship and love, and many other economic and non-economic damages.

Negotiating with the Insurer

From there, we file an insurance claim and prepare to negotiate with the insurance adjuster. The insurer isn’t likely to simply settle your claim and pay out the amount that you may be entitled to. Insurance companies are known for employing underhanded tactics to reduce the settlement amount they need to pay you.

Going so far as to manipulate provided statements and issue lowball settlement offers, your attorney will be well-prepared for negotiations and do everything possible to ensure you aren’t taken advantage by a profit-driven insurance company.

When to Head to Court

If the negotiations with the insurance company are successful, and we are able to obtain a settlement that adequately meets your needs, then heading to court might not be necessary. But if the amount the insurer settles for doesn’t cover your losses in their entirety, or if we are unable to get the insurer to see reason, then going to court may be the best way to obtain full compensation for your losses.

Meet with a Personal Injury Lawyer in Louisiana

If you are ready to regain control of your life after an accident but aren’t sure where to begin, reach out to an experienced Louisiana personal injury lawyer at the Law Office of Braud & Gallagher. You can give our firm a call at 1-800-256-5674 or fill out the quick contact form we have included at the bottom of this page to schedule your free, no-obligation claim review.

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Can I Be Blacklisted for Filing a Maritime Injury Claim?

If you have been injured at work and you work within the maritime industry, you may be entitled to financial support and other benefits. But many times, despite being entitled to said benefits, injured maritime workers will refrain from filing a claim because of the fear of retaliation and being blacklisted. 

Below, we go into further detail about what it means to be blacklisted and retaliated against and what your legal options are if it happens to you.

Concerns over Employer Retaliation

Maritime workers are unable to obtain workers compensation benefits when they suffer an on-the-job injury. But this is due, in part, to the fact that they are protected under federally regulated laws known as the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). 

These benefits are similar to workers compensation benefits in many regards. However, injured maritime employees often have concerns of what will happen after they’ve filed a claim. Unfortunately, as mentioned, many maritime workers who suffer serious injuries at work are afraid to file a claim for benefits due to the fear of being blacklisted and/or retaliated against for doing so. 

While there is no official “blacklist” of the maritime industry floating around, it is quite possible that your employer will retaliate against you by attempting to ruin your professional reputation, which could then make it difficult for you to find a new job. 

Other forms of retaliation could include being demoted, terminated, or subjected to a hostile work environment all because you exercised your right to maritime injury benefits. 

Thankfully, behaviors of this sort will not be tolerated, as both the Jones Act and the LHWCA prohibit employers from blacklisting and retaliating against maritime workers who file a claim and/or are approved for benefits under their respective acts.

Pursuing Your Claim despite the Risks

Though being blacklisted and retaliated against for filing a maritime injury claim is against the law, this, unfortunately, does not stop companies from continuing to do so. However, if you were injured or fell ill due to the conditions of your work environment, you may be entitled to these benefits and should therefore still pursue your claim. 

In the event that your employer retaliates against you and we are able to gather evidence supporting the claims of retaliation, we can pursue a claim against them that could result in back pay, compensation for defamation, reinstatement into your former position, or other damages. 

Get in Touch with a New Orleans Maritime Injury Lawyer

If you are being retaliated against by your employer in some way or if you have concerns that you will be retaliated against for filing a Jones Act or Longshore and Harbor Workers’ Compensation Act claim, get help from an experienced New Orleans maritime lawyer at the Law Office of Braud & Gallagher. 

You can fill out the brief contact form at the bottom of this page or give our office a call at 1-800-256-5674 when you are ready to come in for a complimentary consultation.