Maritime accidents are often quite serious and can have extreme consequences on workers. The industry is fraught with risks, and accidents can lead to severe injuries and financial hardship. To gain support for your maritime accident law case, contact a Lafayette maritime accident lawyer. They can inform you about what legal avenues are available for your situation.
Maritime employees can benefit from a law firm that advocates for justice against large companies and employers. The Cox Law Firm has been in the industry for decades, and our attorneys have a combined 135 years of experience. Since our start in 1969, we have always fought for the individual going up against seemingly impossible opponents.
Maritime accidents are usually somewhat complicated. The exact cause of the accident can impact how large the accident is and how much damage it can cause. Common causes include things like:
Even minor issues like communication problems can lead to increased risks for everyone on board. This is why it is so important for employers and ship owners to properly train their employees and regularly maintain their vessels to prevent equipment failure and accidents.
In order to determine liability in a maritime accident, it is important to identify who is involved in the incident and what their responsibilities are. Different individuals have duties to perform, and failure to do so might be considered negligence.
Shipowners are responsible for making sure their ships are seaworthy. This means that the ship is properly maintained and ready to be on the water. They also must provide a safe working environment and provide enough training for the crew so that they know how to address dangerous situations and safety concerns while on the ship. Employers might also be responsible for this if they are not the direct owners of the ship.
Sometimes, third parties can be liable depending on the context of the accident. If a product was properly maintained and used correctly but failed, then it could be considered defective. This could make the equipment manufacturers liable for the accident. If there is a collision with another vessel, then the other ship could be held liable if they were the ones responsible for causing the accident.
The Jones Act applies to maritime workers involved in an accident because it protects workers who are injured at sea. These employees have the right to initiate a lawsuit against their employers if they are found to be negligent. They can also receive maintenance and cure, which are daily living expenses and medical expenses incurred as a result of the injuries. If the vessel they were working on is deemed to be unseaworthy, they could receive additional compensation.
To file a maritime injury claim in Lafayette, LA, first make sure to report the accident as soon as possible and check that a written report is created. Document as much as possible by taking photos of the accident scene, any injuries you sustained, and any contributing factors to the accident. Next, it is important to determine what laws are applicable to your situation and employment status. An attorney can help you determine whether to file under the Jones Act or another type of law.
Negligence in a maritime accident occurs when an employer or owner of a ship fails to care for employees. They have a duty to protect maritime workers from getting injured or sustaining damage aboard a vessel. If their negligence directly resulted in an injury or an illness, then the victim might be eligible to file a maritime injury claim. Negligent actions can include things like not maintaining the ship or not training workers enough to safely do their jobs.
You can file a claim if you were injured while working on an offshore oil rig. However, the type of claim you can file depends on the type of employee you are. If you are classified as a seaman, then you would qualify under the Jones Act. If you are a non-seaman, then you could file under the Longshore and Harbor Workers’ Compensation Act (LHWCA). It is also possible to file under the Outer Continental Shelf Lands Act (OCSLA).
From the LHWCA to the OCSLA, there are a lot of different laws that apply to individuals who work on or near the water. Determining which laws apply to your case can be confusing. If you need assistance figuring out how and where to file a claim, schedule a consultation with the Cox Law Firm. We can help you avoid common mistakes so that you can receive compensation as quickly as possible.
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