Understanding Unseaworthiness in Maritime Injury Law

Understanding Unseaworthiness in Maritime Injury Law

When a maritime worker is injured on the job, they may require financial assistance while they are out of work and therefore unable to earn a living. However, injured maritime employees are not eligible for workers compensation benefits through the state of Louisiana, and many workers may be under the impression that this means they won’t be able to obtain benefits of any kind.

Fortunately, this is not the case. Individuals who work in the maritime industry will qualify for benefits under the Jones Act if they are classified as seamen, or the Longshore and Harbor Workers’ Compensation Act if they are any other kind of maritime worker.

For the purposes of this article, we’ll be focusing on the Jones Act, injured seamen, unseaworthiness, and how it applies to Jones Act claims filed by injured sea workers. Read on to learn more about ships being unseaworthy and what you can expect to collect if your maritime injury claim is approved.

What It Means for a Vessel to Be Unseaworthy

Maritime jobs are federally regulated, and as such, the Jones Act requires that injured seamen be compensated when they are injured on an unseaworthy vessel. A ship will be deemed unseaworthy if it ever becomes unsafe for the seamen working on the ship. It doesn’t matter how minor the hazard may be; even a grease spill on the deck can be grounds for a vessel to be considered unseaworthy.

What’s more, Jones Act claims are often easier to win than workers compensation cases because the burden of proof is far less. Employers who are even 1 percent at fault for the cause of the injury can be found negligent and liable and be required to afford their injured sea workers the benefits they deserve.

Benefits under the Jones Act

Jones Act benefit recipients will be entitled to several benefits once their claim has been approved. To begin, seamen are going to be able to recover compensation for the same types of damages that are sought after in personal injury claims, including pain and suffering, the loss of quality of life, loss of wages, and emotional distress, among others.

In addition to the previously mentioned losses, injured seamen can collect cure, which refers to the insurer covering each medical expense that relates to your injury, and maintenance.

Maintenance is provided to seamen so they can continue to support themselves and their families. Benefits can consist of the coverage of your living expenses, including utility bills, your rent or mortgage, phone bills, groceries, and more.

Speak with a New Orleans Maritime Injury Lawyer

If you are an injured seaman and want to ensure that you are able to provide for yourself and your family while you are recuperating from your work-related injury, get in touch with a New Orleans maritime injury lawyer at the Law Office of Braud & Gallagher as soon as possible.

We can get started on your claim once you come in for your free claim review. Schedule yours today by calling our firm at 1-800-256-5674 or filling out the quick contact form we have provided at the bottom of this page.

What Is Maintenance and Cure in Maritime Injury Law?

What Is Maintenance and Cure in Maritime Injury Law?

When seamen suffer serious injuries while working on their vessel, they can file a claim under the Jones Act to recoup their losses. The Jones Act is a federal law that was enacted to protect seamen, as they are legally ineligible for Louisiana workers compensation benefits.

In order to qualify for Jones Act benefits, a ship needs to be declared unseaworthy. Fortunately, any instance where the ship or other vessel becomes unsafe in any way will result in the ship being deemed unseaworthy. When a ship is not seaworthy, the owner of the ship will be required to provide the seamen with the benefits they need to move forward with their life.

These benefits are known in the maritime world as maintenance and cure. Below, we go in further detail about what each of the benefits consists of and how they will help you recuperate without financial burden.

All about Maintenance

Before we delve further into what maintenance is, it’s important to note that all injured seamen will be entitled to recovery of certain types of damages, such as your pain and suffering, loss of consortium, inconvenience, loss of enjoyment of life, property damages, damage to your earning capacity, loss of household services, mental anguish, and interest on the total amount of your losses, to name a few.

Maintenance is a component of the Jones Act that entitles injured seamen to coverage of their necessary living expenses. While you aren’t able to earn an income, having your utilities, rent or mortgage, groceries, and other important household bills covered by your employer can make your recovery substantially easier than if you had no way to provide for your family.

If you have questions about what living expenses can be covered in your case, you can speak with your attorney so that you have a better idea of what to expect from your Jones Act claim.

Cure and Maritime Injuries

When your lawyer refers to cure, they are referring to the coverage of your medical expenses as they relate to the injuries you sustained at work.

Your employer will be obligated to cover each medical cost, including your co-pays, transportation costs, hospital bills, diagnostic imaging, ambulance fees, prescription medications, medical equipment, physical or occupational therapy, installation fees, and any rehabilitative services you might require.

It will be up to your attorney to calculate the value of your damages after reviewing the costs of your maintenance and cure to ascertain how much you are able to recover from your Jones Act claim.

Contact a New Orleans Maritime Injury Lawyer

If you are a seaman who has been injured on the job, get help obtaining the benefits you deserve when you work with an experienced New Orleans maritime injury lawyer at the Law Office of Braud & Gallagher.

We provide injured sea workers with a free consultation. You can take advantage of this opportunity by calling our office at 1-800-256-5674 or by completing the quick contact form we have included at the bottom of this page.

Five Most Dangerous Intersections in New Orleans

Five Most Dangerous Intersections in New Orleans

Whether you’re a pedestrian or a driver, intersections can be difficult to navigate and dangerous. Sadly, that means many people are hurt or killed at intersections throughout New Orleans every year.

While any crossroads can be dangerous, New Orleans is particularly known for its dangerous intersections. While the city is doing its best to fix this, below are currently the most dangerous intersections to watch for.

5. Iberville Street and North Peters Street

Since this crossroads doesn’t currently have a traffic signal, it’s especially dangerous for many pedestrians. The chances of a severe injury or a death occurring here are especially likely. While the city is taking steps to include more pedestrian signals, which will reduce the rate of injuries and fatalities, this busy intersection is still dangerous.

4. Poydras Street and Camp Street

Unfortunately, many New Orleans intersections don’t have clear pedestrian signals, and this leads to multiple injuries suffered where Poydras Street and Camp Street meet. When pedestrians don’t have clear indicators for how much time they have to cross the street, they may take risks while crossing.

Unfortunately, that makes this street a major problem for pedestrians and drivers alike. One mistake could lead to serious injuries here.  

3. Canal Street and North Peters Street

This intersection causes trouble for many drivers, not just because of the danger to pedestrians, but because Canal and North Peters don’t cross neatly. This particularly busy intersection may veer at sharper angles than many drivers may be used to, and when their visibility at corners is reduced, the results can be disastrous.

This is especially complicated by the light rail station that splits Canal Street. This may be confusing to pedestrians and drivers, which leads to more accidents when drivers aren’t attentive to their surroundings.

2. Highway 90 and Gravier Street

Any intersection with a high volume of traffic can be dangerous, and Highway 90 is no exception. This intersection can be especially dangerous because of the speed of many of the cars passing through the area. Many pedestrians and drivers suffer catastrophic injuries like head trauma and spinal injuries, so take care when dealing with this intersection as you travel through New Orleans.  

1. Bourbon Street and Canal Street

Frequently listed as one of the most dangerous intersections in America, Bourbon at Canal Street is especially dangerous, with numerous lethal crashes a year. The dangers are so serious that the city has begun measures to make this intersection safer.

Get Help after an Intersection Crash in New Orleans

If you’ve had a car accident at one of these New Orleans intersections, don’t worry; you have options to get your settlement. No matter how serious your injuries are, our lawyers at the Law Office of Braud & Gallagher can help you through your difficult time.

These intersections might leave you badly injured, but your New Orleans personal injury lawyer can fight to get you the compensation you need to recover from the driver who hurt you. For more information or a free consultation with our firm, call us at 1-800-256-5674 or fill out the online form below.

La. Team Sets Record For World’s Largest Gumbo

In 2015, Braud & Gallagher decided it was going to bring a WORLD RECORD back to Louisiana, where it belonged. Previously, the record was held by a group who set the record in Alabama at an LSU v Alabama football game. The record set in Alabama was a seafood gumbo weighing 2,100 lbs. Braud & Gallagher was determined to bring the record to Louisiana! Continue reading “La. Team Sets Record For World’s Largest Gumbo”