Those who are looking to work in the offshore sector are mindful of the inherent risks that come with the job, risks that are not typically found in other industries.
“New Orleans Maritime Injury Attorney” #Globalpalm.net
Maritime injuries, which can be severe and even life-threatening, are prevalent.
The probability of encountering such injuries increases when there is negligence on the part of employers and fellow employees.
Following accidents and injuries, offshore workers and other maritime workers are covered by maritime laws.
Nevertheless, the complexities of maritime law can pose challenges when trying to navigate through it.
The maritime sector plays a crucial role in bolstering the nation’s strength and development, serving as the economic backbone of the Gulf Coast region.
Despite the challenges posed by the recent Oil & Gas Industry slump, job security has become a pressing concern for workers who are now facing increased risks due to cost-cutting measures compromising safety standards.
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Ensuring the presence of a dependable maritime attorney is essential in cases involving offshore injuries.
In contrast to a standard onshore workers’ compensation claim, offshore and maritime personal injury claims can involve federal statutes and regulations, such as the Jones Act.
Enacted in 1920, the Jones Act serves to protect maritime workers who suffer injuries while working.
While there are parallels with workers’ compensation laws, the Jones Act provides a unique legal solution specifically for seafaring captains and crews.
The Jones Act delineates the types of compensation that may be provided to qualified maritime workers who were injured while performing job-related tasks.
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Injured maritime employees have the right to file personal injury claims against their employers. Safety in the offshore industry, such as in the Gulf of Mexico, heavily relies on proper equipment, maintenance, and safe work practices.
Unfortunately, many workers are injured due to lack of necessary equipment. If you work in the maritime sector and suffer an injury, consider hiring a New Orleans maritime accident lawyer for legal assistance.
New Orleans offers a variety of fun water activities, making it a great destination for adventure seekers and those looking to relax by the water, including maritime workers taking a break from their demanding jobs.
Regrettably, there is a significant risk of sustaining a maritime accident injury if individuals are negligent in water-related activities.
Based on statistical data, a staggering 1163 fatalities were recorded solely from maritime accidents in the year 2017.
This number encompasses various incidents involving drilling platforms, freighters, tankers, passenger ships, and other types of maritime accidents.
It is crucial to note that maritime accident injuries often result in severe and potentially life-threatening consequences.
Unveiling the Consequences of Unseaworthiness Doctrine on Your Compensation.
In accordance with the specific facts and circumstances at hand, a seaman who has sustained injuries may be eligible for compensation for their pain and suffering under the Doctrine of Unseaworthiness.
This legal principle allows an injured individual to pursue damages against the vessel and/or its owner/operator in cases involving negligence at sea.
For instance, if personal injuries are caused by the vessel’s lack of maintenance or the ship owner’s failure to provide sufficient safety training for the crew, a claim of unseaworthiness may be established.
The History of Maritime Injury Law and Other Relevant Legislation.
1. In addition to the Jones Act and the Doctrine of Unseaworthiness, your case could also be governed by the Death on the High Seas Act, the Limitation of Liability Act, and the Longshore & Harbor Workers Compensation Act.
Throughout history, maritime law, also known as admiralty law, has been acknowledged globally by various countries.
Shipping plays a vital role in the transportation of goods and is safeguarded by multiple international agreements. In the past, maritime issues were distinct from common law.
While admiralty law is now integrated into our legal framework, there are still many distinct rules and regulations in place.
FAQ
Is it necessary for me to consult with my personal physician following an injury sustained offshore?
Certainly, this aspect carries immense importance, especially when the doctor is tasked with making critical decisions concerning your capability to return to work, any limitations on your work,
establishing the causation of the injury or disability due to an accident, and determining the presence of a permanent disability caused by the accident.
If you find yourself uncertain, it is advisable to seek the guidance of a doctor who is fully committed to your welfare and has your undivided loyalty.
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Should an offshore injury occur, it is necessary to determine if it is mandatory to seek medical attention solely from company doctors?
It is important to note that you are entitled to choose your own doctor.
In fact, we consider it concerning when a crewmember receives medical treatment from a doctor chosen by the employer.
This is because there is a possibility of a conflict of interest arising when the doctor’s loyalty lies with the employer, potentially compromising your best medical interests in favor of the boat owner’s economic interests.
Is it advisable to engage the services of a maritime lawyer in the event of an injury?
When it comes to injuries sustained offshore, it is important for workers to inquire about the necessity of hiring a maritime attorney.
Unlike typical workers’ compensation cases, the Jones Act empowers employees to file a lawsuit against their employer for work-related injuries caused by their negligence.
Determining whether a maritime worker meets the criteria to be considered a Jones Act seaman requires a detailed assessment by a skilled maritime lawyer. To delve deeper into this topic, click on the link provided.
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Is it necessary for me to visit a company physician following a maritime injury?
Initially, it is not mandatory for you to visit a company doctor, but it is advisable not to decline medical treatment as it may have negative implications for you in the future.
Nevertheless, you have the right to consult with a doctor of your preference, even if you have already consulted with a doctor recommended by your company.
It is recommended that you choose a treating physician who is independent from your employer for your own benefit. For further information, please click on the provided link.
It is uncertain whether this is feasible, but we firmly believe that it should not influence your decision to seek compensation following a maritime injury.
Moreover, former employers are prohibited by law from disclosing that you have filed a claim against the company when providing a reference.
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What is the time limit for filing a maritime injury claim?
Seeking legal representation from a skilled offshore injury attorney promptly after being injured while working at sea can offer numerous benefits.
It is crucial to be aware of the statutes of limitations for filing a maritime injury claim under the Jones Act and other relevant laws.
Delaying the filing of a claim may result in being unable to pursue compensation for the harm caused by your injuries.
The specific statutes of limitations can differ based on the laws applicable to your situation.