Can I Be Punished For Filing an Offshore Injury Claim from a Maritime Accident?
By way of its status as a coastal state, Louisiana’s economy is immensely fueled by the maritime economy. Thousands of Louisianans work in an industry tied closely to the sea, be it on the docks, on ships, or on at-sea oil rigs. And, as occurs in most industries, physical and mental injuries are a risk workers have to face.
So what do you do if you are injured on the job? Obviously, you turn to your union or a law office that specializes in labor law.
Yet many are hesitant to go to a lawyer because they fear that they could get punished seeking the help they need. The question to ask then, is whether you can be punished for filing an offshore injury claim?
The answer, in short, is both yes and no.
The first thing that has to be remembered is that filing a claim is protected right by the United States government. If you are punished for filing a claim, this can be adjudicated in court.
Once that is out of the way, we should discuss what is required by Louisiana law when filing an offshore injury claim. Much as is the case with injury claims made against an on-land employer, the plaintiff (you) has to prove that the employer was negligent—be it both intentionally and unintentionally.
This is where the Jones Act comes in. The Jones Act provides compensation for injured maritime workers, compensation that covers injuries that result from negligent working conditions or employers. The Jones Act provides compensation of medical costs, including hospital bills, medication, surgery, and other costs.
Yet the Jones Act doesn’t cover just medical costs, but any lost wages as well. For some cases that have used the Jones Act to file a claim, bills that have accrued over time were covered as well.
As a federal law, the Jones Act is generally tried in class action law suits in federal court, but numerous state laws have been passed in accordance with precedent and the federal system. Therefore, a claim can still be tried in state and local courts.
The amount of laws that protect workers’ rights will in turn protect you if you need to file an offshore injury claim. For workers’ whose injuries were received on a boat, the jurisdiction is in whatever nation the ship is registered in. Therefore, if you do receive an injury on a ship that is registered in another country, you need to consult an international lawyer to see what can be done.
Maritime Accident Lawyers at Waitz & Downer Attorney’s at Law
If you or a loved one has suffered from a maritime accident and is looking for the best maritime time accident lawyer in the Thibodaux, LA area then give Waitz & Downer a call today at 985-876-0870! Have a few questions? No problem! Click Here to contact us!