Compensation for an offshore or maritime injury incurred by a worker in the course of his or her employment is driven by several factors. For purposes of determining appropriate compensation for a maritime injury, workers fall into two groups. The first group consists of “seamen” employed by a United States-flagged vessel and supporting its operation, while the second group consists of someone who works on navigable waters or adjacent to them on a dock, pier, warehouse, or similar facility.
A member of the first group is entitled to compensation under the federal Jones Act, while a member of the second group is compensated under a different federal law, the United States Longshore and Harbor Workers Compensation Act (USL&H). Injured workers not falling into either group may still be eligible for compensation under applicable state workers’ compensation laws. A Lake Charles offshore injury lawyer can help people understand their rights. Reach out to the skilled maritime injury attorneys at Baggett McCall LLC for help today.
Maritime and offshore work is physically demanding and often dangerous, placing workers in environments where heavy equipment, unstable surfaces, hazardous weather, and long hours increase the risk of serious injury. When an accident occurs, understanding which law applies to your situation is critical, as the applicable statute directly affects the type and amount of compensation available.
Because maritime law differs significantly from standard workers’ compensation systems, injured workers frequently face confusion when attempting to determine their rights. Employers and insurers may dispute a worker’s status, delay benefits, or argue that a different compensation scheme applies. Experienced legal guidance from a Lake Charles lawyer can help clarify these issues and protect your offshore injury claim from the outset.
The United States Longshore and Harbor Workers Compensation Act (USL&H) is a federal workers’ compensation law that offers compensation to injured maritime workers employed on or adjacent to the United States’ navigable waters, such as on or in docks, warehouses, piers, and similar facilities.
USL&H generally offers a higher rate of compensation for a maritime injury than state workers’ compensation acts do for the same injury, and therefore, an injured worker will often seek to make a claim under USL&H rather than under the state workers’ compensation statute, even when the worker’s status as someone entitled to USL&H damages is open to dispute. Like state workers’ compensation statutes, USL&H compensates the worker at predetermined rates, with no requirement that employer negligence be proved by the injured worker. Our attorneys in Lake Charles can help you better understand which act your offshore injury claim is protected under.
Benefits available under USL&H may include payment of medical expenses, disability compensation, and vocational rehabilitation when an injured worker cannot return to the same type of employment. Because eligibility can depend on both the location of the injury and the nature of the worker’s duties, disputes often arise over whether USL&H applies. Resolving these disputes requires a careful review of employment records, job responsibilities, and the circumstances of the injury.
In some cases, employers or insurers attempt to steer injured workers toward state workers’ compensation benefits that provide lower compensation, even when federal maritime law may apply. Identifying the proper avenue for recovery with the help of a Lake Charles lawyer can make a significant difference in long-term financial security for an injured offshore worker and their family.
A Legal Team that Understands the Industry and the Law
Baggett McCall LLC’s attorneys in Lake Charles understand that our offshore clients work in some of the most dangerous occupations and are at high risk for injury. While there are laws in place to protect the safety of workers, it is important to work with an attorney who knows how to employ those laws to your benefit.
Our firm has extensive experience working with maritime and offshore workers throughout Louisiana’s coastal and industrial regions. We understand the realities of offshore platforms, inland waterways, ports, and shipyards, as well as the physical and financial consequences injuries can cause. This practical knowledge allows us to evaluate claims thoroughly and pursue the full compensation allowed under the law. We have experience in cases involving:
These cases often involve complex investigations, multiple responsible parties, and overlapping legal standards. By identifying all potential sources of recovery, we work to hold the appropriate parties accountable and pursue compensation that reflects the true scope of your injuries and losses.
Timely action is important in maritime injury cases, as deadlines and notice requirements can apply. Working with knowledgeable counsel can help preserve evidence, protect your rights, and position your claim for the strongest possible outcome.
Reach out to Baggett McCall LLC for a free consultation, or call 337-478-8888 or 1-800-New-Claim (639-5246) now to speak directly with an experienced Lake Charles offshore injury lawyer. Choose your lawyer carefully. Contact Baggett McCall today.
