Cargo loading accidents are very common in the maritime industry and can lead to serious injuries or even death. Understanding what kind of claim you have is key in determining your rights.
Cargo loading accidents can happen on a dock, pier, or even at sea. If the incident occurs at sea, the Jones Act may apply if the injured person is considered a “seaman.” Under the Jones Act, the injured seaman is entitled to maintenance (daily costs of room and board) and cure (medical expenses) until they reach maximum medical improvement. A Jones Act seaman may also pursue a claim against his or her employer for future wage loss, disability, and general damages.
If the cargo loading accident occurs while a ship is being loaded or unloaded on an inland dock or pier, the claim may fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which is a federal law. Under the LHWCA, the injured worker is entitled to medical care and a percentage of their wages. If a worker is permanently disabled, a payment schedule is used to calculate compensation.
Understanding what kind of claim you have and knowing your rights is critical to protecting yourself and your loved ones in the event of a maritime accident.
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Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
