Legal Protections For Maritime Workers
Maritime work often involves challenging and hazardous conditions. To protect workers, the Jones Act provides legal recourse for seamen who are injured while performing their duties. This federal law allows injured maritime workers to seek compensation from their employers if negligence contributed to the injury. For those employed in the New Orleans area, this legal framework plays a vital role in addressing workplace injuries and ensuring proper accountability.
Employer Negligence And Worker Rights
Under the Jones Act, employers are required to provide a safe working environment for their employees. This includes maintaining equipment, training workers properly, and addressing potential hazards on vessels. When an employer fails to uphold these responsibilities, injured workers can pursue compensation for their medical expenses, lost wages, and other damages. Proving negligence is a critical aspect of these cases, and it often involves demonstrating how the employer’s actions or inactions contributed to the injury.
Maintenance And Cure
In addition to claims under the Jones Act, injured seamen are entitled to maintenance and cure. Maintenance refers to the cost of living expenses while recovering, such as rent and groceries, while cure covers medical expenses related to the injury. This obligation exists regardless of whether the employer was negligent, ensuring that maritime workers receive support during their recovery.
Unseaworthiness Claims
Unseaworthiness is another legal avenue for injured maritime workers. A vessel must be reasonably fit for its intended use and safe for those working on board. If an injury occurs due to unsafe conditions, such as defective equipment or inadequate crew training, the vessel owner may be held liable. These claims are separate from Jones Act claims but can provide additional opportunities for compensation.
Common Maritime Injuries
Maritime work exposes individuals to risks such as falls, equipment failures, and hazardous weather conditions. Common injuries include broken bones, back injuries, head trauma, and repetitive stress injuries. These conditions can lead to substantial medical bills, long-term rehabilitation needs, and lost income, making legal action an important step toward recovery. Be sure to not wait too long to file a claim as statutes of limitations typically exist for most circumstances.
Filing A Claim
The process of filing a claim under the Jones Act or related maritime laws requires attention to detail. Workers must provide evidence of their employment status, the nature of their duties, and the circumstances of their injury. Timely action is also crucial, as the statute of limitations for Jones Act claims is three years from the date of the injury surrounding an injury.
At Kiefer & Kiefer, we are committed to supporting maritime workers in New Orleans, LA, who have been injured on the job. If you need help pursuing a claim, contact our experienced New Orleans, LA Jones Act lawyer today. We’ll work with you to protect your rights and pursue the compensation you deserve for your injuries and losses. Again, waiting too long to pursue a claim could see the statute of limitations expire so be sure to get a claim started sooner rather than later.
