Maritime workers are put at risk every day on the job. Rather than relying on state workers’ compensation coverage, these employees are covered by federal statutes. If you’re involved in an offshore accident, it’s important to know what steps to take to recover the appropriate compensation for your losses under Louisiana maritime injury laws. For example, you’re probably wondering, “What is the average maritime injury settlement in Louisiana?”
While there is no one answer to the question, there are ways to determine how much you may be owed based on the details of your specific injuries and the scope of your losses. A Louisiana maritime injury attorney from Ron Austin Law can explain your options and pursue the compensation you deserve. Even so, it’s helpful to understand state maritime injury laws for yourself. That way, you can be sure you’re filing to recover damages for all your losses.
Maritime Injury Claims in Louisiana
The offshore industry is a major economic driver in Louisiana. The state’s marine economy comprises over 4,500 unique businesses that employ approximately 87,381 employees across the state. Offshore employees face many unique risks on the job, whether they work on fixed platforms or aboard a vessel.
In recent years, the main cause of workplace injuries that led to time off was line-of-fire incidents. These can involve getting caught in or between objects, getting struck by objects, or getting hit by released energy. They are often caused by:
- Broken cables
- Electrical shock
- Equipment failures
- Hydraulic pressure
- Explosions
- Burning oil or fuel
- Steam
- Suspended loads
No matter the exact cause of your injuries, it’s imperative that you know what steps to take to recover the appropriate compensation. An experienced Louisiana maritime injury attorney can explain your options and gather the necessary information to file your claim.
Maritime Injury Laws: The Jones Act and the Longshore and Harbor Workers’ Compensation Act
Maritime injury claims are a bit different than your standard personal injury claim, or even your standard workers’ compensation claim. Rather than relying on state workers’ compensation benefits, maritime workers are protected by federal statutes. These include the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The Jones Act applies specifically to seamen. These individuals work on a vessel that operates on navigable waters. Such a vessel can include barges, oil rigs, and shipping boats. As long as you work on the water for a certain amount of time throughout the year, you’re considered a seaman.
Under the Jones Act, workers can bring personal injury action against their employer. Proving negligence is a big aspect of these types of cases. With regular workers’ compensation benefits, you typically cannot pursue additional legal action.
The LHWCA provides benefits to other private-sector maritime employees that aren’t covered under the Jones Act. These include workers injured on:
- Docks
- Drydock facilities
- Harbors
- Piers
- Terminals
Under the LHWCA, employees do not need to prove negligence to file a claim. Workers are ensured benefits, regardless of whether their employer was directly at fault. If you’re unsure whether your employment is classified under the Jones Act or the LHWCA, you can hire a Louisiana maritime injury attorney. That way, you can focus on physically healing while a legal professional handles the rest of your recovery.
Average Maritime Injury Settlements in Louisiana
The amount you can recover through a maritime injury claim will ultimately depend on the details of your specific case. It’s important to note that offshore employees can recover full damages, including non-economic losses, like pain and suffering. Damages for most state workers’ compensation claims are limited. Settlements can vary significantly, depending on factors like the:
- Cost of medical bills and other related expenses
- Amount of lost wages and earning capacity
- Scope of intangible losses, like pain and suffering
- Severity of injuries
- Victim’s percentage of fault
When filing a claim under the Jones Act, you must establish fault through negligence to recover damages. The LHWCA works more similarly to state workers’ compensation, so you can expect to recover damages for lost wages, medical expenses, and disability benefits. If an injured worker succumbs to their injuries, their death benefits are covered for their loved ones.
Regardless of the type of claim you’re filing, you can seek to recover maintenance and cure benefits. These cover the costs for medical treatment and life expenses. If an employer or an insurer isn’t settling the claim in a timely manner, they may also have to pay punitive damages.
It’s wise to hire a maritime injury lawyer to evaluate your case, explain your losses, and determine how much you can pursue through your claim.
Why Hire a Maritime Injury Lawyer in Louisiana?
Navigating Louisiana’s maritime injury laws can be complicated due to overlapping federal statutes. It’s vital to have a knowledgeable Louisiana maritime injury attorney on your side, as they can work to navigate the claims process and pursue the compensation you’re rightfully owed. Your legal team can represent you in and out of the courtroom. You can count on them to be there through every phase of your case. Our services at Ron Austin Law include:
- Evaluating cases
- Gathering evidence
- Interviewing witnesses
- Investigating incidents
- Negotiating settlement terms
- Representing your interests in court
No matter how complicated your case may seem, you can turn to a Louisiana maritime injury lawyer to pursue compensation for the full scope of your losses.
FAQs
Who Can I Hold Liable in a Maritime Injury Case in Louisiana?
Who you can hold liable in a maritime injury case in Louisiana depends on how you were injured. Injured parties in these types of cases can file against their employers, vessel owners, or third-party contractors.
Other liable parties can include equipment manufacturers or other visitors at the scene. To hold the right party accountable, you must establish fault by proving negligence or intentional misconduct. A Louisiana maritime injury attorney can identify all the potential at-fault parties.
Is It Difficult to Secure Compensation After a Maritime Injury in Louisiana?
It can be difficult to secure compensation after a maritime injury in Louisiana, even with federal laws protecting offshore employees. These laws can be complex and often overlap, making it difficult for workers to navigate the claims process and secure fair compensation.
It’s recommended to hire a maritime injury lawyer who has experience in navigating these types of cases. That way, you can be sure you’re taking the correct steps and setting yourself up for success with your claim.
How Much Time Will It Take to Settle a Maritime Injury Claim in Louisiana?
How much time it takes to settle a maritime injury claim in Louisiana depends on the details of the case. The complexity of the situation and whether both parties are willing to cooperate will also factor into the overall timeline.
Your overall recovery time can also dictate when you reach a settlement. It’s important to reach Maximum Medical Improvement (MMI) to know what would be fair compensation that covers all your injuries.
Do I Have to Go to Court to Settle a Maritime Injury Claim in Louisiana?
You do not have to go to court to settle a maritime injury claim in Louisiana. Most cases of this nature are settled out of court through negotiations with at-fault parties and their insurance companies.
Jones Act claims allow employees to file a legal claim against their employer for negligence, but even these cases are often resolved before trial. You can expect to enter litigation if a claim is disputed or you cannot reach a settlement agreement.
Hire a Maritime Injury Lawyer to Handle Your Injury Claim in Louisiana
Navigating a maritime injury claim can be stressful, especially as you’re recovering from your injuries. It’s important to understand Louisiana’s maritime injury laws and act quickly to pursue fair compensation for your injuries. It’s wise to hire a maritime injury lawyer to navigate your claim and seek the settlement you deserve.
A Louisiana maritime injury attorney from Ron Austin Law can manage the claims process while pursuing compensation for your injuries and all your other losses. Founded in 1995, Ron Austin Law has extensive experience in handling complex personal injury cases throughout Louisiana. We’re a national leader in personal injury and mass torts, and our firm has recovered more than $1 billion for our clients in the past.
Our past results can’t guarantee a win for your case, but you can be assured that you’re hiring a local team with a winning reputation. We’ve earned the trust of countless clients, along with an AV-Preeminent® peer rating on the Martindale-Hubbell Directory.
If you’re ready to learn more about how we can help with your claim, come and visit us at our office in Harvey. We’re located on the corner of Manhattan Boulevard and 4th Street, which is a quick trip off U.S. 90. Contact the office to set up a consultation with a member of our team today.
