Workers' Compensation Lawyer in New Orleans, LA
Workers’ Comp Lawyer serving New Orleans, LA including the Maritime Industry
Providing Effective Legal Representation for Seamen, Longshoremen, and Harbor Workers Injured On the Job
If you have suffered a maritime injury or illness at sea or offshore, contact the Wanko Law Firm today (985) 893-6530 to schedule a Free consultation with one of our exceptional workers’ comp lawyers.
We help maritime workers in New Orleans and throughout Southern Louisiana seek compensation under the federal “Jones Act” and “Longshore and Harbor Worker’s Compensation Act.”
The Jones Act
If you are a seaman who suffered an injury or developed an occupational illness while sailing on a vessel, you are entitled to pursue legal action under the Jones Act.
In order to claim compensation, you must be able to prove that your injury or illness was caused by:
- the negligent actions of the vessel owner, operator, or a fellow employee or;
- the vessels “unseaworthiness”
The deadline for filing a Jones Act claim is three years from the date of your injury.
Negligence or unsafe conditions that may lead to injury includes:
- grease or oil on deck
- improper training of crew
- shortage of crew
- failure to provide crew members with proper equipment
- failure to keep vessel properly maintained
The Jones Act applies to seamen who have been injured on:
- offshore oil rigs
- tug boats
- shrimp boats
- fishing boats
- water taxis
Compensation Available Under the Jones Act
- Maintenance: payment of your living expenses during recovery
- Cure: payment of the medical cost of your recovery
Longshore and Harbor Workers’ Compensation Act
If you are a maritime worker who suffered an occupational injury or illness while loading or unloading ships, or building or repairing seagoing vessels, you may be entitled to seek compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Unlike the Jones Act, you cannot directly sue your employer for damages, but you can file a third party lawsuit under Section 905(b) of the LHWCA if a third party contributed to your injury.
Who is Eligible for Benefits Under The LHWCA?
The LHWCA covers harbor workers who were injured on a navigable waterway or in an adjoining area like a dock, pier, terminal or dry dock, including:
- Dock and port workers
- Port crane operators
- Salvage and repair divers
- Shipbuilders and shipyard workers
- Some gas and oil rig employees working from fixed offshore platforms, such as the recently destroyed Deepwater Horizon rig
Common Longshoremen and Harbor Worker Accidents
- Slip and falls
- Scaffolding accidents
- Fires and explosions
- Crane and forklift accidents
You must notify your employer of your injury within 30 days. Failure to do so may jeopardize your ability to collect benefits.
You have one year from the date of injury to file a workers’ compensation claim.
Compensation Available Under LHWCA
- Medical expenses
- Wage benefits equal to ⅔ of your average weekly wages
- Wrongful death benefits for family