New Orleans Admiralty Lawyer
When you work on navigable waters and suffer a debilitating injury, you may be able to obtain the compensation you need when you work with a New Orleans admiralty attorney who understands federal maritime laws.
It’s bad enough that you were injured at work and will now need to take time off to recover from your injuries, but when you find out that you more than likely do not qualify for workers compensation benefits as a seaman, you may begin to feel that all hope is lost. Fortunately, as a sea worker, you’ll be entitled to damages through the Jones Act.
At the Law Office of Braud & Gallagher, we are dedicated to helping seamen who were injured at work secure the compensation they need to pick up the pieces of their lives following their accident. Federal maritime laws can rapidly become complicated, and the best way to ensure that your maritime claim is treated with the utmost care is to reach out to a highly trained New Orleans admiralty lawyer with our firm.
Filing a Lawsuit under the Jones Act
As a maritime worker, you may or may not know what the Jones Act is and how it may influence you if you suffer an injury as a seaman. The Jones Act is a federal law that was implemented to protect seamen who suffered an injury while on the navigable seas. This act requires that all maritime employers provide a safe work environment for their seamen.
In the event that the seamen’s employer fails to do so, they can be compelled to compensate their workers accordingly. It doesn’t matter how minimal the employer’s fault might be; even 1 percent of culpability renders the employer responsible for providing their employee with the benefits they need to recover.
At this point, you may be wondering how fault is determined when you suffer an injury on the seas. The answer is simple: seaworthiness. Any ship that is able to travel in navigable waters is required to be what’s known as seaworthy. A vessel will be considered unseaworthy if it ever becomes unsafe for workers, for any reason.
For instance, if an employer fails to make necessary repairs or provide their employees with the equipment they need to get their job done, the ship can be deemed unseaworthy. Any injuries that occur on an unseaworthy vessel are thereby the responsibility of the employer.
How Long You’ll Have to Pursue Your Maritime Claim
Filing your Jones Act claim before the statute of limitations expires is critical to the success of your claim. The Uniform Statute of Limitations for Maritime Torts clearly states that you have only three years from the date that you are injured or diagnosed with a work-related injury to file your claim.
You can expect the New Orleans courts to bar your claim from being heard if you fail to get your claim filed before time runs out. Though three years may seem like plenty of time to file your lawsuit, the investigatory process that your New Orleans admiralty attorney will undertake can often be time-consuming, so you’ll want to retain legal representation as soon as you are able to do so.
The Damages You Deserve
Injured seamen are entitled to something called cure and maintenance. Cure means that your employer will be required to provide coverage of every medical expense you incur as a result of your injuries.
Maintenance provides the seaman with household living expenses, such as utility payments, rent or mortgage coverage, groceries, and other items that are necessary for you to continue to live your life while unable to work. What’s more, you’ll also be entitled to compensation for other damages, such as:
- Property damages
- Loss of consortium
- Pain and suffering
- Lost wages and damage to your earning capacity
- Interest for the total combined damages
- Mental anguish
- Loss of enjoyment of life
It will be up to your lawyer to quantify your total damages, including your maintenance and cure, so that you are made whole again following your injury. It is our goal to achieve maximum recovery of every single loss so that you may pick up where you left off, if possible, once you recuperate from your injuries.
Work with a New Orleans Admiralty Attorney
When you’ve suffered a work-related injury and you work on navigable waters, you can seek the damages you’re entitled to through the Jones Act. Get in touch with an experienced New Orleans admiralty lawyer at the Law Office of Braud & Gallagher today so that you can begin to reclaim control over your life.
You can schedule your free claim review by filling out the convenient contact form we have included at the bottom of this page or by calling our office at 1-800-256-5674.