Were you or a loved one injured while working as a seaman near Lake Charles, LA? It’s important to understand your legal options. While you may not qualify for Louisiana workers’ compensation benefits, you may have a valid Jones Act claim. You may also have rights under state personal injury laws.
An experienced Lake Charles Jones Act lawyer at Hale Injury Lawyers can help you fight to maximize your financial award. We have over 61 years of combined experience fighting for injury victims like you. Since we opened our firm, we’ve recovered tens of millions of dollars for injured clients and their families.
It’s never too early to understand your legal options. If you were injured while working in the maritime industry, contact our law offices in Lake Charles, Louisiana, at (337) 426-1071 to schedule a free consultation today.
How Can Hale Injury Lawyers Help With My Lake Charles Jones Act Claim?
You may understand that you have a right to compensation under the Jones Act. Getting full compensation into your hands can be a challenge. Maritime employers rarely simply hand over the full amount an injured worker deserves.
Our experienced Lake Charles personal injury attorneys at Hale Injury Lawyers know how to fight for you. We’ve been recognized by Super Lawyers, The National Trial Lawyers, and the Top Trial Lawyers in America for our exceptional legal skills.
When you hire us, count on a skilled team to:
- Investigate and collect evidence to support your case
- Work with leading experts in relevant specialties
- Identify all sources of compensation, considering state, federal, and maritime law
- Assess your damages and determine the compensation you deserve
- Negotiate with the insurance companies for a full settlement
You will have to prove that someone else’s actions caused your injuries to receive compensation under the Jones Act. Many different factors can contribute to an accident. Our Lake Charles personal injury attorneys can help you prove what happened and who was responsible.
Contact us today to get started. Your initial consultation is always completely free of charge.
Jones Act Claims in Lake Charles: An Overview
The Jones Act is a federal law that was originally enacted to support the merchant marine. It’s commonly known as the Merchant Marines Act of 1920. Generally speaking, the law allows injured maritime workers who qualify as “seamen” to recover damages from their employers when they’re injured on the job.
Compensation under the Jones Act may be available to seamen who work on any type of seagoing vessel, such as:
- Fishing boats
- Shrimp boats
- Cargo ships
- Construction barges
- Crude oil tankers
- Cruise ships
- Dive boats
- Charter boats
- Floating cranes
- Dredges
- Jack-ups
- Drill ships
- Tugs and towboats
- Chemical ships
- Research vessels
If you were injured aboard a seagoing vessel, don’t hesitate to reach out to our Lake Charles Jones Act attorneys today. We can evaluate your situation and help determine the best option for recovering compensation for your work-related injuries.
How Are Jones Act Claims Different From Workers’ Compensation Claims in Louisiana?
Louisiana workers’ compensation laws allow injured workers to recover benefits without establishing liability. In exchange for fast access to financial help, the injured employee gives up the right to sue their employer for damages. Essentially, injured workers are only entitled to medical coverage and a portion of their lost wages.
Jones Act claims are different. If you can prove that someone was negligent, you can recover additional damages. The claim can be against your employer. It can also be against the ship’s owner, a co-worker, or even a captain.
What Do I Have to Prove to Seek Compensation Under the Jones Act in Louisiana Successfully?
Only injured maritime workers who qualify as a “seaman” are entitled to seek compensation via the Jones Act claims process. A seaman is someone who:
- Contributes to the work of the vessel in some way
- Spends a significant amount of their time working aboard that vessel (while this test is something of a moving target, typically, at least 30% of the injured worker’s time must be spent working on the vessel)
You may have a valid Jones Act claim regardless of your role aboard the vessel. For example, our lawyers in Lake Charles represent:
- Captains
- Crew members
- Fishermen
- Deckhands
- Engineers
- Dive instructors
- Cruise ship staff, including servers, entertainers, bartenders, etc.
- Welders
The vessel itself must also be “in navigation.” That means it must be afloat rather than dry-docked. You can pursue a Jones Act claim if the vessel was at port and capable of moving away from the dock. The vessel must also be operating within the United States rather than in foreign waters.
What Types of Jones Act Benefits Are Available for Injured Maritime Workers in Lake Charles?
Benefits under the Jones Act are typically referred to as “maintenance and cure.” You may also be entitled to benefits based on a vessel’s unseaworthy condition.
Maintenance and Cure Benefits
Maintenance and cure benefits are designed to help offset your financial losses. They’re similar to workers’ compensation benefits in Louisiana. That said, Jones Act claims are fault-based. That means you can recover damages in addition to your medical bills and lost wages.
Some common examples of the Jones Act benefits you may be entitled to receive include:
- Your reasonable living expenses while recovering onshore, including housing costs, food, utilities, transportation, etc.
- Emergency room visits
- Hospitalization
- Doctor’s visits
- Medical devices and medications
- Surgery
- Physical therapy and rehabilitation
- Vocational rehabilitation if you’re forced to enter a new line of work due to the injuries
- Mental health treatment, therapies, or counseling
- Death benefits in cases involving fatal maritime accidents
You’re generally entitled to these benefits for the duration of your recovery. Maintenance and cure benefits only stop once your doctor says you’ve reached maximum medical improvement (MMI), meaning that you won’t recover any further.
Unseaworthy Vessel Benefits
Generally speaking, your employer is required to provide a reasonably safe work environment. If they fail to maintain the vessel in seaworthy condition, you can seek additional damages for unseaworthiness. These benefits are similar to non-economic damages in a personal injury case.
Some common examples include:
- Lost future earning potential
- Physical pain and suffering
- Mental trauma and emotional distress
- Shock and humiliation
- Diminished quality of life
- Loss of enjoyment of life
- Disfigurement or scarring
If you were injured aboard an unseaworthy vessel, reach out to our lawyers today. These types of damages can be difficult to prove. We have the skills to help you establish their financial value.
How Much Does It Cost To Hire a Jones Act Lawyer in Lake Charles?
Our attorneys work on a contingency fee basis. When you hire us to handle your injury claim, you’ll agree to pay us a percentage of your settlement or verdict. We never charge a fee unless–and until–we recover compensation in your case.
Our Jones Act Attorneys in Lake Charles Will Fight To Recover Compensation for All of Your Injuries
Maritime workers are vulnerable to all different types of injuries, including:
- Broken bones
- Nerve damage
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Crushing injuries
- Chest injuries
- Hypothermia
- Infections, which can be caused by puncture wounds
- Head and neck injuries
- Concussions
- Back injuries
- Organ damage
- Internal bleeding
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Call Hale Injury Lawyers for a consultation today if you were injured working in Lake Charles. We’ll do everything we can to help you recover full compensation for your losses.
Does the Jones Act Require Me To Prove Negligence to Recover Compensation for My Injuries?
Yes. While you don’t have to prove that your employer’s negligence was the only cause of your injuries, you will have to prove that someone else’s negligence caused your injuries. Negligence, essentially, is a failure to exercise due caution under the circumstances and is very similar to carelessness. To prove negligence, you must prove duty, breach of duty, causation, and damages. Contact our team to learn more about each of these elements and how they might apply to your case.
What Are the Most Common Causes of Maritime Accidents in Lake Charles?
In maritime injury cases, some of the most common causes include:
- Failure to maintain the vessel in seaworthy condition
- Negligent hiring practices
- Untrained workers
- Communication failures
- Lack of adequate safety equipment
- Failure to properly store and secure tools, equipment, or cargo
- Negligent security and violence
- Defective work equipment
- Slip and fall accidents
- Understaffed vessels
- Missing or damaged guardrails
- Lack of proper fire suppression equipment
Our lawyers can help you determine the cause of your accident. Just call for a free consultation today.
How Long Do I Have To File a Claim for Compensation Under the Jones Act in Louisiana?
The statute of limitations in Jones Act cases is typically three years. If you fail to file your Jones Act claim within three years after the date of your injury, you lose your right to compensation entirely. It is always a good idea to speak with an experienced attorney, however, to make sure that there are no exceptions that apply in your particular case.
Contact an Experienced Lake Charles Jones Act Lawyer for a Free Consultation
If you’ve been injured while working on a vessel or offshore in Louisiana, you may have rights under the Jones Act. This federal law provides crucial protections for maritime workers, allowing them to seek compensation for injuries caused by the negligence of their employers or fellow crew members. Do you have questions about your rights under the Jones Act? A Lake Charles Jones Act lawyer at Hale Injury Lawyers can help. Call today to arrange your free consultation.
