Navigating the complexities of maritime law after a maritime accident can be overwhelming, especially when dealing with smaller boat companies. These companies often lack detailed accident or investigation reports, which can be crucial for your maritime injury claim.
In contrast, large offshore drilling companies like Transocean, ENSCO, and Diamond are meticulous in their documentation. However, this disparity in reporting doesn’t have to hinder your case.
As a seasoned New Orleans offshore injury attorney, I understand the intricacies of maritime law, the Jones Act, and federal law. It’s vital to swiftly gather statements from witnesses or co-employees who can corroborate your account.
Emails and text messages between you and your company or colleagues can serve as critical written documents supporting your claim.
With the right legal guidance from an experienced vessel injury lawyer, you can ensure that every piece of evidence is leveraged to strengthen your case.
After maritime injuries, smaller vessel companies often fail to complete the necessary accident and investigation reports, creating significant challenges in the legal process. These companies may also neglect to document changes made to the vessel after an accident, which can be a critical issue in your case.
Unlike large oil rigs, where changes are more difficult to implement and document, vessels can be quickly modified, potentially complicating your claim. In our experience with offshore injuries, we have encountered numerous instances where vessels or their equipment were altered post-accident, necessitating a thorough investigation to uncover the truth.
We always recommend taking photos immediately after any maritime injury, especially if it occurred on a vessel. Vessels can be easily altered, unlike large oil rigs, making photographic evidence crucial.
In one notable case, a boat owner removed broken winches from his vessel the day after we served him with the court claim. Fortunately, we were able to secure scrap yard records to prove this in court and achieved a favorable settlement for our client.
Offshore injury lawyers are well-versed in federal maritime law and understand the tactics companies may use to cover their tracks.
With the right legal guidance, you can navigate the complexities of your claim and secure the compensation you deserve.
Your vessel accident may have been caused by the vessel’s mobility, which is a very common cause of injuries on vessels.
Many injured vessel workers dismiss such accidents and assume that they were not careful enough while working on the deck.
What you need to know, though, is that since the boat you worked on floated and moved about on the water, you were subject to working on moving surfaces and uneven decks, dangerous at best and deadly at worst.
Over the years, we have handled many dangerous deck surface cases and have learned how rough it is for you guys to walk and work on the deck even during normal travel, much less offshore loading and unloading.
The good news is that you can rely on the vessel design rules and Coast Guard rules that required your boat to have non-skid surfaces, proper matting, handrails, proper ladders and other safeguards to protect you.
Many vessels have very small crews of less than 10 and most often less than 20. Some tugs only have 3 or 4 crewmembers per rotation. This means that what these few people say and how they testify can be very important in your case. Unlike oil rigs which have 100 or more people working on them, in your case you may only have 2 or 3 key witnesses whose testimony will be very important in your claim.
Sitting down quickly with these guys to get statements from them can be very important in your case. We routinely obtain statements for our clients quickly after an accident to avoid ‘poor memories’ down the road. Filing your claim in court early also allows you to quickly document everyone’s version of your accident.
In handling countless maritime injury cases and assisting injured rig and boat workers over the years, a recurring theme is the belief that a job must be safe if it is always done a certain way.
Offshore workers frequently tell us they can’t identify anything their company did wrong because they follow standard procedures. However, the critical question in court is not about how often a task is performed in the same manner but whether it was performed in the safest possible way.
During maritime injury cases, the judge often instructs the jury that long-standing practices are not necessarily safe practices. Here’s a typical instruction given to the jury:
“You must determine if the operation in question was reasonably safe. The fact that a certain practice has been continued for a long period does not necessarily mean that it is reasonably safe under all circumstances. A long-accepted practice may be an unsafe practice.”
This means that just because your job was done in a customary way at the time of your injury does not guarantee it was the safest or correct way to perform it.
An experienced attorney can help demonstrate that standard procedures were not necessarily safe, strengthening your case and ensuring you receive the compensation you deserve.
Maritime law, also known as admiralty law, governs legal issues and disputes on navigable waters, including oceans, rivers, and lakes. It is a focused area of law that addresses the rights and responsibilities of maritime workers, vessel owners, and other parties involved in maritime activities.
Understanding maritime law is crucial for anyone who works on or around water, as it provides unique protections and legal avenues not available under standard personal injury law.
Maritime law differs from general personal injury law in several key ways:
The Jones Act is a federal law that provides specific protections to seamen—individuals who work on vessels operating in navigable waters. Under the Jones Act, seamen injured due to their employer’s negligence can sue them for damages.
This significantly differs from standard workers’ compensation claims, which typically do not require proof of negligence.
The Jones Act is a powerful tool for injured maritime workers, ensuring they have a legal avenue to seek fair compensation for their injuries.
The LHWCA compensates maritime workers not covered by the Jones Act, such as longshoremen, harbor workers, and other employees who work on or around navigable waters but are not considered seamen. The LHWCA covers:
Unlike the Jones Act, the LHWCA does not require proof of employer negligence. Workers are entitled to benefits simply by proving that their injury occurred during employment.
In addition to specific statutes like the Jones Act and the LHWCA, general maritime law provides a broader legal framework for resolving maritime disputes.
General maritime law also covers various other issues, such as salvage rights, maritime contracts, and environmental regulations.
If you are a maritime worker injured on the job, understanding your rights under maritime law is essential. The unique protections offered by the Jones Act, the LHWCA, and general maritime law can significantly impact your ability to secure fair compensation.
Consulting with a New Orleans offshore injury attorney who specializes in maritime law can help you navigate these complex legal waters and ensure that your rights are fully protected.
Whether dealing with medical expenses, lost wages, or the long-term impact of a serious injury, having an experienced maritime injury lawyer by your side can make all the difference in achieving a favorable outcome for your case.
A: After a maritime injury, it’s essential to seek medical attention right away. Please make sure to document the incident as thoroughly as possible, including taking photos, obtaining witness statements, and keeping all relevant communication. Contacting a New Orleans offshore injury attorney can help ensure that your rights under maritime law are protected and that you gather the necessary evidence for your claim.
A: The Jones Act provides injured maritime workers the right to seek compensation from their employers for injuries sustained due to negligence. This federal law is designed to offer protections similar to those found in workers’ compensation claims, including coverage for medical expenses, lost wages, and fair compensation for pain and suffering.
A: Yes, you can still file a claim even if your company didn’t complete detailed accident reports. Gathering other forms of evidence, such as witness statements, emails, and text messages, to support your case is crucial. An experienced New Orleans offshore injury attorney can help you navigate this process and ensure that your maritime injury claim is strong.
Q: What types of compensation can I seek after a maritime accident?
A: After a maritime accident, you may be entitled to various types of compensation, including medical expenses, lost wages, and compensation for serious injuries. The Jones Act and other maritime laws ensure that injured maritime workers receive fair compensation for their injuries and losses.
A: The statute of limitations for filing a maritime injury claim can vary, but under the Jones Act, you generally have three years from the date of the injury to file a claim. It’s important to consult with a New Orleans offshore injury attorney as soon as possible to ensure you meet all necessary deadlines and preserve your rights.
A: A maritime injury claim involves several steps, including gathering evidence, filing the claim, and possibly negotiating with the employer or their insurance company. Throughout this process, your attorney will advocate for your rights and work to secure the compensation you deserve for your medical expenses, lost wages, and other damages.
A: Yes, hiring a New Orleans offshore injury attorney is highly recommended for maritime injury claims. Maritime law is complex, and a lawyer with specific experience in this field can provide the experience needed to navigate the legal system and maximize your chances of receiving fair compensation.
400 Poydras St, Ste 2090
New Orleans, LA 70130
504-608-6308
