Seeking Compensation for a Workplace Accident on Land or on the Water Under Maritime Law
If you have been hurt in a job-related accident, you may be entitled to receive compensation for your medical expenses, lost wages, and other benefits through your employer’s insurer, regardless of fault, with the assistance of a New Orleans workers’ compensation attorney. A Jones Act attorney helps seaman receive benefits if injured while working on a vessel. Employees who work for private employers are typically covered by the Louisiana Workers’ Compensation Act, and benefits may include payment of necessary and reasonably related medical expenses, vocational rehabilitation services, a portion of the victim’s wages during the disability period, and other benefits.
However, under the Jones Act & Maritime Law, a seaman can sue his employer and fellow employees for negligence, pain and suffering, loss of enjoyment of activities of normal life, lost wages and medical expenses. Fault is considered in calculating the amount of money paid for the personal injuries sustained.
NEW ORLEANS AND BATON ROUGE LAWYER ADVISING INDIVIDUALS IN WORK INJURY AND INSURANCE CLAIMS
The Longshore and Harbor Workers’ Compensation Act provides coverage for employees engaged in maritime work who are injured on navigable waters of the U.S. or in adjoining areas customarily used in loading, unloading, repairing, or building a vessel. The Act also provides compensation for medical treatment, supplies, incidental costs of travel, and other needs, as well as benefits for the employee’s dependents if the injury results in death.
The Defense Base Act is an extension of the Longshore and Harbor Workers’ Compensation Act. It provides compensation to employees working on behalf of the government outside the U.S., including those working on military bases or employees of private government contractors or sub-contractors. If the eligibility requirements are met, all employees engaged in such employment will be covered under the Defense Base Act, regardless of nationality.
Protecting Your Rights against an Insurance Company
Insurance companies are required to settle claims quickly and efficiently, paying all of your covered losses under your life, homeowners, flood, hurricane, or other insurance policy according to statutory guidelines. A claim for Louisiana life insurance benefits, for example, must be settled by the insurer within 60 days after receipt of due proof of death, or the insurer will be required to pay interest until a valid claim is paid. Statutory penalties may be also imposed on insurance companies that deny your claim, or any part of your claim, in bad faith.
You may have a bad faith claim against your insurance company if it fails to pay your claim within the applicable statutory period or denies your claim without cause or in an arbitrary and capricious manner. Lavis Law Firm assists clients in determining loss coverage under their insurance policies, preparing their claims, gathering the necessary documentation, following up on the status of a claim with the insurance company, and representing them in any disputes that may arise.
Explore Your Options with a Car Accident Lawyer in New Orleans
Obtaining thorough legal advice is a crucial part in deciding whether to pursue legal action. Here, New Orleans car accident lawyer Charles Lavis understands the nuances of workers’ compensation claims and personal injury cases. We also have offices in Baton Rouge and Harvey, from which we can assist individuals and families. To schedule a free initial consultation, call us at 1-866-558-9151, or contact us online.
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At Lavis Law Firm, New Orleans workers’ compensation lawyer Charles Lavis has dedicated his practice to assisting clients with personal injury and insurance-related claims, including motor vehicle collisions, on-the-job accidents (Louisiana Workers’ Compensation, Longshore & Harbor Workers’ Compensation, Defense Base Act, Jones Act & Maritime Law), trip and fall, denials of insurance coverage, and more. We strive to provide our clients with individualized attention, diligent representation, and prompt communication. Since 1995, our injury lawyers have helped residents of New Orleans as well as Baton Rouge and the surrounding areas.
Negligence Claims After a Car Accident or Trip and Fall
Many injuries are caused by the careless actions of others, including automobile crashes and accidents resulting from dangerous conditions on the property. In a majority of these situations, the ensuing legal claim will be brought as a negligence action, alleging that the defendant is legally responsible for the damages caused by his or her careless behavior. In a negligence claim, the plaintiff must establish the elements of duty, breach, causation, and damages. The duty owed to the victim will vary according to the type of case and the circumstances surrounding the injury. In car accident cases, for example, a defendant has a duty to exercise reasonable care when operating a vehicle, and a failure to do that is likely a breach of his or her duty. Causation requires that the plaintiff prove that the defendant’s conduct was the direct cause of or a substantial factor in bringing about the harm to the victim. Damages in personal injury cases may include medical expenses, lost wages, property damage, and pain and suffering.
How Workers Compensation Works in Louisiana
Louisiana Job injury compensation systems are designed to compensate injured employees for their work-related injuries. Some schemes, like the Jones Act and the Federal Employer’s Liability Act require the injured worker to prove employer negligence. Others, like the Louisiana Workers’ Compensation Act, Longshore Harbor Workers’ Compensation Act and Defense Base Act do not require proof of employer negligence. Generally, the employer is responsible for payment under these systems. The amount of compensation and duration of benefits depends upon the system. What system an injured employee falls under depends on the type of work being performed, the location of the work and other factors.
In some instances, the injured worker may find that a party other than the employer (a third party) is responsible for his or her injury. In this situation, a second claim can be brought against the third party.
If you need help or have any question about your job injury, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.