Louisiana Offshore Injury Attorneys

Louisiana Attorneys Skilled in Maritime Law Matters

Offshore accidents are commonplace among people who make their living at sea or in coastal waters, such as the Gulf of Mexico. Work on a cargo ship, barge, jack-up rig, oil platform, ferry, cruise ship, or other vessel is often dangerous by its very nature. Negligence by offshore employers and vessel owners may further increase the chances of a serious injury or a fatal accident. If you or a loved one has sustained an offshore injury, the maritime law attorneys at Broussard, David & Moroux can help. We have considerable experience in helping injured offshore workers pursue maximum compensation from those responsible for accidents resulting from equipment failures, fires, explosions, falls, exposure to hazardous materials, and other events at sea. Our Louisiana offshore injury lawyers are ready to assist your family and you in seeking justice.

Because the rights of a victim of a maritime accident depend dramatically on the classification of the vessel involved and the status of the victim as a seaman or passenger, the rights of a victim must be analyzed carefully by an experienced maritime attorney. Rights of maritime victims can vary dramatically depending upon whether the victim is an employee of the operator of the vessel, a passenger or a member of the crew of the vessel, and can even depend upon which federal jurisdiction (court) governs the area in which the accident occurred.

If you are injured as a result of the actions or condition of a vessel, you should contact a highly experienced maritime attorney.

Pursue a Claim for Maximum Compensation Following an Offshore Injury

The Jones Act, which is a federal law, allows seamen to pursue compensation if they are injured due to the negligence of an employer, an unseaworthy vessel, or a combination thereof. In Jones Act cases arising from an employer’s alleged act of negligence, the plaintiff must be able to prove by a preponderance of the evidence that the employer owed the employee a duty of care, that the employer breached the duty, that the employee suffered damages, and that the employer’s breach of duty was the proximate cause of the plaintiff’s offshore injury. If successful, the plaintiff may be able to receive payment for past and future medical bills, lost earnings, pain and suffering, and other damages.

By contrast, an offshore injury case pursued under the Longshore and Harbor Workers’ Compensation Act does not necessarily require that the injured worker prove that their employer was negligent or otherwise at fault for the accident. However, as is the case in most workers’ compensation cases, the employee is only entitled to limited compensation, typically in the form of temporary total disability payments, medical expenses, and, in cases involving a permanent injury, compensation for permanent partial disability or permanent total disability. Workers’ compensation claims do not allow an injured worker to recover compensation for pain and suffering, nor is the worker’s spouse entitled to file a claim for loss of consortium.

What are My Rights When I’m Injured on a Fixed Platform?

The rights of a victim injured on a fixed platform, whether the platform is located in state territorial waters or on the Outer Continental Shelf of the United States, are for the most part governed by the laws of the adjacent state. The victim’s rights can depend upon whether the accident resulted from the negligence of a vessel operating near the platform, the platform operator itself or its contractors. Analyzing the rights of a victim in such accidents is extremely complex, and you should contact an experienced maritime attorney should you be so injured.

What are My Family’s Rights in the Event I am Injured or Killed in an Offshore Accident?

Because the rights of the family of a victim of a maritime accident depend dramatically on the classification of the vessel involved and the status of the victim as a seaman or passenger, the family’s rights must be analyzed carefully by an experienced maritime attorney. Rights of the maritime victim’s family can vary depending upon employment status and jurisdiction. If your loved one was injured as a result of the actions or condition of a vessel, you should contact a highly experienced maritime attorney.

Will I Lose My Job if I Bring a Claim?

Typically one’s decision to bring a claim or not is not as important in answering this question as is the quality of the employer. Typically the employer of a victim of an offshore accident stands to gain through the employee’s recovery against negligent third parties. Through such claims an employer can recover expenses incurred by the employer through its responsibility under the Workers’ Compensation Act or its responsibility in providing maintenance and cure benefits to its seaman employees. An experienced attorney can help you understand these issues.

Who Pays for My Medical Bills?

The law concerning the rights of a maritime victim to recover medical expenses varies dramatically depending on the classification of such a victim in his employment status. If the accident victim is a member of the crew of a vessel, the vessel operator may be responsible for medical benefits under its obligation to provide “care.” If not, the employer of the victim may owe medical benefits under the Workers’ Compensation Act. The answer to this question is complex, and you should consult an experienced maritime attorney concerning such issues.

How do I Know That an Attorney Has the Qualifications to Handle a Maritime Case?

You should question an attorney who you are considering as your representative closely concerning his actual past experience in handling maritime cases through trial as lead counsel to conclusion. The issues concerning victim’s rights in a maritime case are typically quite complex and require an extensive understanding of this area of the law.

Legal Deadlines and Notice Requirements

As in other types of personal injury cases, there is a limited time for filing a claim for compensation following an offshore injury. In addition to the statute of limitations, there may also be a requirement that the injured worker give their employer notice of the accident within a certain time frame. It is important that a person who has suffered an offshore injury consult an attorney to determine the exact time limits applicable under the facts of their case. A failure to promptly file a claim or a failure to give notice in a timely fashion may result in the dismissal of an otherwise valid offshore injury claim. A delay in consulting counsel may also result in spoliation of evidence.

Seek Guidance in an Offshore Injury Case from a Louisiana Injury Lawyer

The capable Louisiana offshore injury attorneys at the law firm of Broussard, David & Moroux handle many maritime law cases for people in New Orleans, Lake Charles, Baton Rouge, Alexandria, New Iberia, Eunice, and the surrounding areas of Lafayette, East Baton Rouge, Orleans, Calcasieu, Iberia, St. Landry, and Rapides Parishes. Call us at 888-337-2323 or contact us online to schedule a free consultation with an injury attorney. Most cases are handled on a contingency fee arrangement in which no legal fees are owed unless your case is successfully concluded.

As Louisiana Maritime Attorneys, Broussard, David & Moroux has had success in representing maritime law cases. The firm understands all of the complexities and issues that will surface during the litigation regarding which person works or uses a particular vessel or watercraft. The Louisiana Maritime Attorneys at Broussard, David & Moroux has the experience, knowledge and resources to obtain justice for persons injured offshore or on inland waters.Call us at 888-337-2323 or contact us to schedule a free consultation with an injury attorney.