If you’ve suffered an offshore injury while working, it can be difficult to know how to get compensated for your losses. Work with a Baton Rouge maritime attorney and find out how to handle your claim efficiently and effectively.
Working in the maritime industry, you’re likely already aware of the many dangers you face on a daily basis. Some are unavoidable, while others are accidents that could have been prevented if not for someone’s negligence.
In a maritime accident claim, your situation can get complicated fast, mostly due to all the legal red tape and loopholes that come with these cases. Trying to make sense of everything and recover the most compensation possible can be difficult alone, which is why it’s a good idea to work with a Baton Rouge maritime lawyer from Spencer Calahan Injury Lawyers.
Because there are so many rules and regulations surrounding maritime law, getting the best settlement possible can be tricky, but we can help you get the most from your claim.
Understanding Maritime Law
Maritime law, also called admiralty law, is a body of law governing maritime activities, accidents, and offenses. This includes the domestic laws that apply to maritime activities.
There are quite a few maritime laws in Louisiana and Baton Rouge, which isn’t surprising, considering that the industry is one of the most important in the state. One of the most important of these regulations that could affect your injury case is called the Jones Act.
The Jones Act, also known as the Merchant Marine Act of 1920, is the law that allows qualifying seamen who have been involved in an accident or who have become sick to recover compensation from their employers. This includes careless acts from an employer, as well as accidents caused by a vessel that was unsafe.
According to the law, a “seaman” is someone assigned to a vessel that operates on waters capable of being used for commerce. This definition also requires that you spend at least 30 percent of your time onboard a vessel as part of your job.
Your Baton Rouge maritime lawyer will be able to help you determine which laws and acts will apply to your case—which will in turn allow you to get the most compensation possible for your offshore injury.
What a Maritime Accident Lawyer Does
Many people know that a lawyer can maximize compensation, but there is much more to it than that. Obtaining compensation means building a case demonstrating what happened, and your maritime lawyer will pour every available resource into doing just that.
A successful maritime claim usually involves fully investigating three separate aspects:
Coworker or employer negligence
The vessel’s seaworthiness
The maintenance and cure you are entitled to
Under the Jones Act, if your employer was even one percent responsible for what happened, you’ll be allowed to sue him or her for damages. This is unlike workers compensation laws in most other industries, which usually protect the employer unless gross negligence was involved.
The vessel’s seaworthiness is a matter separate from negligence, however. If a vessel doesn’t provide you with a safe and suitable place to work at sea, then the vessel’s owner can be held responsible, even if he or she attempted to correct the situation.
Maintenance and Cure in Maritime Claims
Finally, there is the issue of maintenance and cure. These items represent compensation you are entitled to separate from other damages you can seek for negligence under the Jones Act.
Maintenance and cure must both be paid by your maritime employer when you become injured. Maintenance can be thought of as your “room and board.” Your employer will need to cover your rent, grocery bills, mortgage, and anything else related to keeping you in your home and fed.
Cure, on the other hand, represents the medical care necessary for your recovery. Your employer must cover all healthcare costs that your doctor feels are necessary for you to reach your maximum point of recovery.
Contact a Baton Rouge Offshore Injury Attorney
Maritime law can be complicated, and if you’re already trying to recover from an injury, handling the legal battle, insurance negotiations, and all the other headaches that follow an offshore injury is the last thing you want to do.
Contact a Baton Rouge maritime lawyer from Spencer Calahan Injury Lawyers by completing the form below or by calling our office at 225-387-2323. Schedule a free, no-pressure case evaluation today and discover how we can help you get the full compensation you’re entitled to.