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Identifying The Right Louisiana Maritime Attorneys For Your Claim
Various maritime jobs involve risks that could result in severe injury or even death. Regrettably there are all manner of possible risks lurking while working for the offshore oil and gas service industry, stevedoring companies, barge fleets, marine or anchor salvage companies, or commercial fishing fleets among many other maritime jobs. Careless crewmembers, ship operators cutting corners on safety measures, imprudent captains, collisions between vessels, loss of footing on a slick deck, lack of adequate railing, malfunctioning equipment, shifting cargo, fires and explosions from well blowouts, and severe weather conditions are just some of the myriad situations that can result in a serious injury or death.
The particular branch of law, which deals with maritime accident related litigation, is called Maritime Law or Admiralty Law. Because Maritime Law can be confusing and complicated for those who are not well versed in the particulars of this branch of law, it is important to select an experienced Louisiana maritime attorney, as opposed to just hiring a personal injury lawyer. Qualified Louisiana maritime attorneys ...
... will examine your case to see if you qualify as an injured seaman for maintenance and cure, and /or compensation from the Jones Act and the doctrine of a ship’s “un-seaworthiness.”
Who Qualifies?
Spending at the very least 30% of your work time on a vessel under navigation or other floating or movable structure along the Louisiana inland waterways or in the Gulf of Mexico will almost certainly entitled you to benefits under Louisiana and federal maritime and admiralty laws, if you endure a serious injury while on the job. Additionally, the Jones Act also protects the loved one or family of a maritime worker who is killed while working on a vessel on account of negligence, including the unseaworthiness of the vessel. Land based maritime laborers are not eligible for the compensation offered by the Jones Act. Yet, they may be eligible for compensation under The Longshore and Harbor Worker's Compensation Act. All those employed in maritime careers, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, builders, and shipbreakers are covered under the Longshore and Harbor Worker’s Compensation Act. The Act does not include those maritime workers, who are covered under the Jones Act. The term "injury" in both the Longshore and Harbor Worker’s Compensation Act and the Jones Act includes occupational illness arising out of employment.
Do You Know Your Rights?
The Merchant Marine Act of 1920, now named the Jones Act governs the liability of vessel operators and marine employers for their employee’s work-related injuries. Recovering damages involves proving negligence or fault on the part of the vessel’s owners, operators, officers, and/or fellow workers or show defect, also termed “unseaworthiness,” with the vessel, making it not only un fit for its intended use, but also an unsafe place to work and live.
If as an offshore maritime worker you have unfortunately been incredibly injured, be sure to fill out the accident report or incident paperwork as soon as you can. With severe injuries it is important to have a qualified Louisiana maritime attorney look over any paperwork your employer gives you to sign. After a serious incident, it is recommended not to give a recorded statement to anyone without first seeking legal advice. This can often be challenging. Eventually, seek out your own doctor to understand the difficulties of your injuries. Many companies may try to direct you towards their doctors who may not have your best interests in mind when they give a diagnosis.
When choosing a Lawyer look for law firms that have not only specialized Louisiana maritime attorneys to prepare and present your case, but also a team of individuals who can immediately investigate your accident, photograph and preserve the evidence, question witnesses, and safeguard all of your lawful rights.
One of the most important decisions you’ll ever make is selecting the right Louisiana maritime attorneys to present your case. Discover qualified New Orleans Maritime Attorneys web sites by doing an easy search on the world wide web. One highly respected firm you can count on to represent your maritime law case is the law office of Gordon, Elias && Seely, L.L.P., with their skilled Maritime Law and Jones Act lawyers.
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