PAIN AND SUFFERING
LOUISIANA OFFSHORE ACCIDENT ATTORNEY:
Seamen who are injured due to negligence or unseaworthiness of a vessel while working at or near sea are entitled to recover loses from their employer or the owner of the vessel. The Jones Act has provisions to cover financial damages including lost wages and lost earning capacity.
Damages covered under The Jones Act include pain and suffering, lost earning potential, lost wages, medical expenses, disfigurement (if applicable) and more. Amount of financial compensation depend upon severity of the injury and details surrounding the case. You should never sign paperwork until you have an experienced maritime accident attorney carefully review your case, aside from the initial accident and injury report.
In some cases, The Jones Act specifies a three year statute of limitation from the date of the injury, therefore it is important to act quickly!
The Law Firm of L. Clayton Burgess is highly skilled in investigating and representing individual cases and claims presented to them.
If your injury leaves you unable to work, causing the lose of your health insurance or retirement benefits, you can receive compensation for their value.
Assigning a value to pain and suffering can be difficult. A doctor or psychologist’s diagnosis of anxiety, depression, or post-traumatic stress disorder may help.
The value of Jones Act settlements vary greatly depending on the severity of injury, the effect it has had on your life, and expected treatment plans. The Jones Act also protects families of workers killed at sea giving them the right to recover damages.
Longshore and Harbor Workers’ Compensation Act (LHWCA) provides compensation to seamen injured while working at sea and adjoining areas, such as repairing ships, working on decks and piers, or loading and unloading cargo from vessels.
The LHWCA covers maritime occupations like ship mechanics, harbor workers, longshore workers, or shipbreakers.
The basic requirements of LHWCA entail the following:
- During recovery, injured seamen are eligible to receive 66.67% of their weekly wages.
- In the case of permanent disabilities like loss of limbs and organs, workers can receive compensation for loss of expected earning capacity.
- Deceased worker’s surviving spouses are entitled to half of expected earnings according to the Secretary of State’s national average.
- A report must be furnished to the director of the district in which the injury took place within 10 days of the injury or 10 days from the date that the employer was informed of the injury.
The statute of limitations for LHWCA is one year from the date of the injury.
The Death on High Seas Act (DOHSA) applies to any incident that happens more than 3 miles away from U.S. shores. The act provides compensation for death caused by negligence, a wrongful act, or default. A DOHSA claim can only be filed by surviving dependent relatives, children, spouses, or their representatives.
The financial amount owed to the surviving family is calculated by the wages and benefits the maritime worker would have received had they not been fatally wounded. Minus an amount that would have been used by the deceased for themselves, the final monetary compensation accounts for the actual amount of financial contribution the seaman would have made to the household.
DOHSA stipulates a statute of limitations of three years from the date of death.
The Louisiana Personal Injury Attorneys at The Law Offices of L. Clayton Burgess will assist you in pursuing a claim to obtain a recovery. Call today at (337) 234-7573 or toll free (877) 234-7573.