Texas has a large maritime industry, which comes with many inherent dangers. In the event you are hurt while working in one of these jobs, you may be able to seek compensation with help from a Beaumont maritime injury lawyer from our firm. A savvy work injury attorney could offer you the guidance and support for a favorable outcome if you or your loved one has been hurt in a maritime accident.
A maritime injury is any harm that comes when relating to activities such as fishing, shipping, offshore drilling, and other types of work happening on or near the water. Maritime injuries are a unique sort of workplace injury because they happen in a specific environment that is governed by laws and regulations enacted to protect those specific workers.
There are many laws that an experienced Beaumont maritime injury lawyer will reference if a worker is seeking compensation.
The Jones Act is a federal law that helps seamen who have been injured on the job to sue their employers for negligent acts. The claims covered under this Act include improper training, unsafe working conditions, and dangerous or unseaworthy boats. A successful claim will provide compensation for pain and suffering, lost wages, and medical expenses.
The Longshore and Harbor Workers’ Compensation Act, also abbreviated to LHWCA, is a law that allows employees to collect workers’ compensation benefits. The employees must be harbor workers, longshoremen, or other types of maritime employees who are not covered under the Jones Act. It provides compensation for disability payments, medical expenses, and vocational rehabilitation.
The Death on the High Seas Act, also known as the DOHSA, protects families of workers who have died during their work due to negligence, intentional acts, or the unseaworthiness of the vessel. The death must occur more than three nautical miles from the United States shoreline to be covered.
Many injuries can occur through the course of employment on the navigable waters, whether on the docks, on the ships, shipyards, or oil rigs.
The most common injury is a slip and fall accident that occurs due to wet decks, poor maintenance of the ship, or uneven surfaces. Maritime work also tends to involve heavy machinery and operating various types of equipment. Crush injuries, amputations, and lacerations are examples of severe injury that may be caused by malfunction or improper use of the equipment, as well as the failure to train a worker.
Workers may be exposed to hazardous chemicals, which can cause burns and respiratory issues, or even have long-term health effects from chemical exposure. Back pain, carpal tunnel syndrome, and musculo-skeletal disorders are chronic injuries that happen when the same task is performed repeatedly. The volatile environment on oil rigs or tankers means there is a high potential of fires leading to burns, respiratory damage, and other serious injuries in maritime environments.
If a person has suffered a personal injury in this capacity, the first step is to seek medical treatment and to report the injury to the employer. Health and safety always come first, and it is important to keep a record of all the treatment sought and any follow-up visits.
Filing an official accident report is key to properly documenting the case. The worker should keep thorough records of the accident with photographs of the site and collect the witness contact information.
A maritime accident attorney in Beaumont, TX will conduct an inquiry into the incident and gather evidence such as maintenance logs, witness statements, and expert testimony. During this stage, it is important to uncover employer negligence that led to the injury.
The next step would involve filing the claim, depending on the applicable statute. Once the claim is commenced, there will be an option to speak with the employer’s insurance company to pursue a settlement out of court. If a resolution cannot be reached, a trial may take place that will involve depositions, case strategy, and each side presents their arguments in court.
Maritime injuries can take a devastating toll on workers and their families. It is fundamental for your lawyer to know about the different kinds of injuries, the maritime legal provisions in place to protect you, and what steps should be taken after an injury. A Beaumont maritime injury lawyer will do all they can to help injured workers through the process and secure compensation to begin rebuilding their life. Call now for a free initial consultation.
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