Injured maritime workers must navigate a complex set of laws to recover compensation. If you were injured as a seaman in Baton Rouge, LA, you may deserve compensation under the federal Jones Act. It’s important to hire an experienced Baton Rouge Jones Act lawyer who can fight for you.
At Mansfield Melancon Car Accident and Personal Injury Lawyers, we know how to help you maximize your financial award. Contact our law offices in Baton Rouge, Louisiana at (225) 263-4787 to learn more about your rights today. Your consultation is always free of charge.
How Can Mansfield Melancon Car Accident and Personal Injury Lawyers Help With My Baton Rouge Jones Act Claim?
When you’re injured at work, you expect to be compensated. Unfortunately, recovering compensation for work-related injuries is rarely easy. When maritime work is involved, your case becomes even more complicated.
At Mansfield Melancon Car Accident and Personal Injury Lawyers, we have over 50 years of combined experience handling complex injury claims. We’ve successfully recovered tens of millions of dollars.
Hiring an experienced Baton Rouge personal injury lawyer can make a huge difference. At Mansfield Melancon Car Accident and Personal Injury Lawyers, we’ve been recognized by Super Lawyers for our quality legal representation. We’ve also won the Avvo Client’s Choice Award for our legal services.
Hire us to handle your Jones Act claim, and we will:
- Handle all paperwork and legal filings
- Investigate to determine who was responsible
- Gather evidence on your behalf
- Represent you if your claim is denied
- Determine if you deserve benefits in addition to maintenance and cure
- Negotiate for a full and fair compensation award
- Protect you if you’re blamed for your own injuries
Our Baton Rouge personal injury attorneys work on a contingency fee basis. That means you’ll never pay attorneys’ fees unless we recover compensation for you. To learn more about this area of law and how we can help, call for a free consultation with a Baton Rouge Jones Act attorney.
What Does the Jones Act Do?
When maritime workers are injured at sea, they generally aren’t protected by state workers’ compensation laws. Instead, they can file a claim under the federal Jones Act.
The Jones Act is also known as the Merchant Marines Act of 1920. It functions similarly to workers’ compensation laws. When a maritime worker is classified as a “seaman”, they can pursue compensation from their employers after a work-related injury.
Do I Qualify as a Seaman?
A seaman is a maritime worker who:
- Contributes to the work of the seagoing vessel in navigation on U.S. navigable waters, and
- Spends a “significant amount” of their time contributing to the operation of the vessel
Generally, the vessel must be afloat, in operation, capable of moving, and on navigable waters. The vessel doesn’t actually have to be moving or out to sea, but it can’t be drydocked on land.
Whether a maritime worker’s contribution is “significant” requires a facts and circumstances analysis. The requirement has been interpreted to mean that you must spend at least 30% of your time working aboard the vessel.
What Do I Have to Prove to Recover Compensation Under the Jones Act?
You must generally prove:
- You quality as a seaman
- You were injured in the scope of employment
You can generally recover Jones Act benefits without proof of negligence or fault. However, if you can prove that someone’s negligence caused your injuries, you may be entitled to additional damages.
What Kinds of Jones Act Benefits Can I Receive?
Ordinary Jones Act benefits are similar to economic damages in a personal injury case.
Maintenance and cure benefits are designed to help offset your financial losses.
Without proof of fault, injured seamen can receive:
- Maintenance benefits to cover living expenses during recovery, including housing expenses, utilities, food, transportation, and other basic expenses
- Cure benefit to cover all medical expenses, including ER visits, doctor’s visits, hospitalization, medications, etc.
Your employer must provide maintenance and cure until you’ve reached maximum medical improvement (MMI), which is the point where you’ve recovered to the extent possible.
Can I Recover Additional Damages if My Employer in Baton Rouge Was Responsible for My Injuries?
Employers can be responsible for additional damages if the vessel was unseaworthy. If you can prove your employer failed to provide a reasonably safe work environment, you can recover damages that are similar to non-economic damages in personal injury cases.
These damages might include:
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Shock
- Humiliation
- Disfigurement
- Scarring
It can be tough to prove a negligence claim against your employer. That said, the value of your non-economic losses could be significant.
It’s important to act quickly. You’ll have three years from the date of your injury to file a Jones Act claim. In most cases, you lose your right to seek compensation after three years.
Fortunately, we know how to help. Call our Baton Rouge Jones Act attorneys today if you were injured aboard a seagoing vessel.
What Are the Leading Causes of Maritime Accidents in Baton Rouge?
Even though you can receive maintenance and cure without proof of fault, determining the cause of your accident is important. You could be entitled to additional compensation depending on why you were injured.
Some common causes of accidents at sea include:
- Failure to provide adequate safety gear
- Failure to maintain the vessel in safe condition
- Failure to properly inspect the vessel
- Damaged safety equipment
- Negligent hiring
- Failure to properly train and supervise workers
- Damaged or missing guardrails
- Missing fire suppression equipment
- Communication failures
- Defective work tools and equipment
- Improperly secured cargo or tools
- Understaffing
For help determining the cause of your injury, call our lawyers in Baton Rouge for a free case review today.
Contact an Experienced Baton Rouge Jones Act Lawyer for a Free Case Review
Jones Act claims can be complicated by many different factors. It’s also possible that you could have rights under Louisiana state law. An experienced Baton Rouge Jones Act lawyer can help you ensure that you’re receiving the full compensation you deserve.
To learn more, contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule your free consultation today.
