Lake Charles Jones Act Lawyer

Lake Charles Jones Act Attorney

Maritime and seamen work is one of the most dangerous forms of employment, and it is an essential backbone of Louisiana. Injured seamen can recover their financial losses through a workers’ compensation claim but may have other options if their injuries were caused by negligence. A Lake Charles Jones Act lawyer can help injured employees in the maritime industry recover as much compensation as possible after a devastating injury.

The Jones Act, established in 1920, provides seamen with additional benefits if their employer was at all negligent. A maritime employee who has been injured by the negligence of an employer can file a civil claim against the employer rather than being limited to the benefits in a typical workers’ compensation claim. This personal injury compensation can help someone recover from and treat significant injuries from the accident.

Sanchez Burke, LLC Can Help Injured Seamen and Other Maritime Employees

Injured employees have the right to recover compensation when they are injured on the job. While the Jones Act provides more compensation, it can also make the claims process more complicated and give more tasks to an injured employee. When an employee works with a knowledgeable attorney on the claim, they are able to rest and recover while their attorney handles their claim.

With more than 60 years of collective experience, the attorneys at Sanchez Burke, LLC can leverage our knowledge to help you navigate this complex claim. The negligence of any coworker or employer may be sufficient to file a Jones Act claim, allowing you to recover a much higher settlement than you would be able to through a workers’ compensation claim.

We understand how state and federal laws intersect on maritime cases and want to help those in the maritime industry recover what they are owed after a serious incident.

Understanding the Jones Act

The Jones Act states that any injury or death that occurs to a seaman because of the negligence of their employer will allow for a civil claim under the act. Civil claims allow for a wider range of damages than workers’ compensation claims. If there are claims of a vessel’s unseaworthiness, unsafe working conditions, or other acts of employer negligence and misconduct, employees who are injured may be able to recover these damages, including:

• Medical bills, past and future
• Lost wages
• Lost earning capacity
• Physical pain and emotional trauma
• Disfigurement
• Cost of living expenses

Workers’ compensation typically only recovers medical bills, a portion of an employee’s lost wages, and disability payments.

When Is a Maritime Employee Considered a Seaman?

You must prove that you are a seaman to recover compensation under this act. This includes proving:

• You aided the navigational purpose or operation of one or more vessels, either anchored or not.
• You were connected to the vessel through employment for a substantial portion of time and in work that was substantial in nature.

A vessel does not have to be a ship and may include floating platforms, barges, rigs, and other mobile vessels on the sea.

Maintenance and Cure Damages

Maintenance and cure damages are provided by the Jones Act when you, as a seaman, are injured or become ill while working on your vessel. Negligence of another party is not required for this specific claim, and the illness or injury does not have to be because of your work. You cannot recover damages if the injury or illness is from your own purposeful misconduct.

Maintenance is the cost of your food, lodging, and transportation to receive medical care, as long as these costs are reasonable and dependent on the cost of living. Maintenance is not provided when you are staying in the hospital because that is included in the hospital stay.

Cure is the cost of medical services and treatment for your injuries. This includes hospital stays, medication, medical devices, and the care and advice of medical professionals.

FAQs About Lake Charles, LA Jones Act Laws

What Are the Damages for the Jones Act?

The damages for claims under the Jones Act in Lake Charles are the same as a civil personal injury claim, as this is what the act allows seamen to do — file a civil claim against their employer. This means that employees can recover some of the following damages:

• Medical bills, past and future
• Full lost wages
• Lost earning capacity
• Property damage repair or replacement costs
• Pain and suffering damages
• Other non-economic damages (loss of quality, loss of consortium, disfigurement)

What Percentage Do Most Personal Injury Lawyers Take?

Most personal injury lawyers take a varying percentage dependent on the complexity of your case and the resources it requires. This percentage will likely increase if the case goes to trial. Always discuss fees with a potential attorney upfront. A good attorney should be very open about the costs of your case. Under a contingency fee, you only owe attorney’s fees if you win the case, but there may be other court and attorney fees to consider.

What Is the Burden of Proof Under the Jones Act?

The burden of proof under the Jones Act is that an injured employee must provide a preponderance of evidence that their employer was negligent and that this negligence caused their injuries.

The negligence may have been a very slight cause of the injury and still be sufficient, so this is often called a featherweight burden of proof. The employer’s negligence may be an action or a lack of action that was negligent. An attorney can help you recover this needed evidence.

What Settlement Can I Recover in a Jones Act Settlement?

The settlement that you can recover in a Jones Act settlement will rely on numerous factors, primarily the specific damages you suffered, including the severity of your injuries and how long they are expected to affect your life. It will also depend on:

• Whether you hire legal representation and the skills of that representation.
• Whether the case is settled or goes to trial.
• The amount of evidence that supports your case and, consequently, the willingness of the insurer to negotiate for a fair settlement.

Work With a Skilled Jones Act Personal Injury Firm

If you have been injured as a maritime employee, you need an experienced attorney to determine if you can file under the Jones Act and gather evidence of your employer’s negligence. Contact Sanchez Burke, LLC today to let us help you get the financial recovery you deserve.