Our Maritime & Jones Act FAQ

Ever wonder if some days or times are safer to drive than others?  If you are like me, there are days I come up and tell my wife: “It seems like all the bad drivers are on the road today!”  Is that a coincidence?  Turns out it is NOT!

Be extra vigilant on Friday and Saturday!

According to the National Safety Council (Injury Facts), the number of fatal crashes is more frequent on weekends, peaking on Saturday.  The number of nonfatal crashes is higher on weekdays, peaking on Friday.  For both fatal and nonfatal wrecks, the peak time of day was 4 p.m. to 7:59 p.m., but vary depending on the time of year.  In general, less fatal crashes occur in the morning and increase later in the day and into the evening hours. 

Travel in March, not in October.

During the COVID pandemic, crash statistics were largely sporadic given people’s jobs, crazy store hours, lack of school, etc.  Now that things are getting back to normal, so are crash statistics.  Typically, less miles are traveled in January and February and steadily increase through July.  As a result, traffic deaths were lowest from January to March and elevated from May through October.   

Increases in fatalities during COVID.

You would think that with fewer people on the road during the COVID pandemic, the rate of crashes and fatalities would have decreases.  Surprisingly, this was not the case.  In fact, in 2020 the number of crash deaths increased by 8% despite an 11% decrease in the amount of miles driven.  In 2021, the number of deaths increased by an additional 11%. 

Researchers blame the increase in traffic deaths in 2020 to three factors: (1) An increase in alcohol-impaired driving; (2) an increase in speeding; and (3) an increase in unrestrained vehicle occupants. 

Let this be a lesson to all of us that just because there may be fewer people on the road, whether it be on a Sunday morning or during a pandemic, we should never let down our guard while driving!

Have You Been Injured In An Accident And Searching For A Personal Injury Lawyer?

No matter what day or time your accident happened contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

I get it.  After a car wreck, you may be shaken up and achy, but you just don’t have time to go to the doctor.  “I’ll just take some Motrin and rest.”  You have a full-time job, kids to pick up from school, and just not enough time to deal with your own injuries.  “Hopefully I’ll feel better after a few days.”  If this is you, I understand.  But just know that if you don’t take time to properly document your injuries soon after an accident, the insurance company probably won’t give you credit for them later, even if you are really hurt and things get worse later.   

Insurance companies don’t take your word for it.

If your injuries are not documented in black and white in a medical provider’s records, the insurance company will not consider them in the adjustment of your insurance claim.  It doesn’t matter if you have been dealing for months with persistent back pain.  As the insurance company sees it, if your injuries weren’t bad enough to cause you to seek medical treatment, they aren’t serious enough to compensate. 

When you go to the doctor’s office, urgent care, the chiropractor, or to the emergency room, you will have several opportunities to document your injuries.  First, you will likely be asked to fill out patient forms, including a review of your current symptoms.  It is important to accurately complete these forms and list ALL of your current symptoms. 

When you meet with the medical provider or their staff, it is also important to describe ALL of your injuries, even if some seem minor in comparison. 

When the insurance company reviews your medical records, they should evidence all of the injuries you are claiming were caused or aggravated by the wreck.  The medical records will corroborate your reported injuries and help prove your claims. 

Make sure to list everything bothering you.

It is human nature to downplay our own injuries.  It is also typical for us to leave out what we may think to be minor symptoms when other, more major problems are bothering us.  For instance, if you suffer a right shoulder dislocation, your focus will be on that and you may fail to mention that your left ankle is also swollen. 

In a personal injury case (like a car wreck), it is important to list ALL of your symptoms to a medical provider, even if they seem minor.  That’s because if minor symptoms get worse over time, the insurance company may not believe that they are related to the car wreck if those symptoms were not documented soon after the accident.  For instance, if you report low back pain for the first time six months after an accident, the insurance company will have a hard time relating it to the wreck since it wasn’t documented soon thereafter.  This is the case even if you had low back pain immediately after the wreck and either didn’t see a doctor or failed to report it. 

Take pictures of your injuries.

It is true that a picture can say a thousand words.  If you have visible injuries, such as bruises, bumps, scrapes, road rash, stiches, or other wounds, take as many pictures and videos of them as necessary.  Do this during your entire healing process so that you can have a record of your injuries.  In some cases requiring wound care, photos can be important to prove the amount of effort that went into cleaning and dealing with your injuries, and any permanent scarring you may have. 

Keep a diary.

We provide a diary to all of our clients so that they can document their injuries, treatment progress, doctor appointments, missed work, and general wellbeing during their recovery.  Keeping a diary is a good idea, as it is important to memorialize how you are feeling in the moment, rather than trying to remember those details months or even years later.

Have You Been In An Accident And Not Sure What To Do?

If you were shaken up because of an accident and not sure what to do contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

 

At Flattmann Law, we accept about 8% of the calls we receive.  That means, for every ten phone calls we get inquiring about a car wreck or personal injury, one of those callers may become our client. 

Why so few?  We take pride in the quality of representation we provide in each and every case we accept.  We make sure the cases we take have merit, are serious, and result in good relationships with our clients. 

Does the case have merit?

The key factor in any personal injury case is liability, or who is responsible for causing an accident or incident.  Sometimes this is straightforward, like when a car is sitting at a red light and gets rear-ended by a driver who is texting.  But sometimes, liability is not as straightforward, like when a crash happens at an intersection and two people both swear that they had the green light.  Sometimes, a caller may not understand that their own actions caused or contributed to an accident and that they may be liable. 

When we consider a case, evidence regarding liability plays a huge role in our decision whether we can represent a client.  Even if we can’t take a case, we make sure to let the caller know the reason.

Does the case involve injuries?

At Flattmann Law, we represent clients who have suffered serious injuries as a result of car wrecks, including family members of loved ones who have died as a result of major accidents.  One thing we discuss during a potential client’s phone call is whether the person was injured because of the car accident.  If the answer is yes, we discuss their medical history, including any future treatment. 

If a caller has not suffered a legitimate injury, we will not be able to represent them.  However, in those cases, we still try our best to point that person in the right direction concerning their rights against the at-fault insurance company.

In some cases, the caller may not realize just how badly they are injured.  They may say that they are “okay” and then go on to describe how they have been suffering with all kinds of injuries they didn’t have prior to the accident.  Something is definitely wrong and the last thing they want to do is resolve their car wreck claim before getting checked out by their doctor. 

Our Firm Is About Quality, Not Quantity

At Flattmann Law, we take pride in the way we handle each and every one of our clients’ cases.  Unlike many larger firms, our success does not depend on taking and settling as many cases as quickly as possible.  Through the course of our representation, we form close relationships with our clients.  If we take a case, that means we will do everything we can to obtain a favorable outcome for our client.  We will exceed the expectations of our clients. 

We review cases BEFORE taking them:

Some large law firms have a very low bar when it comes to accepting cases and will “sign up” nearly every call they get.  It’s only after they get around to reviewing the substance of the case a few weeks later when they conclude that the case does not have merit and end up dumping (terminating) the case.  At Flattmann Law, we have even gotten calls from clients whose cases were dumped by accident by another firm.  Yikes!  At our firm, we do our research before entering into a contract with a client to handle their case.

Have You Been In An Accident And Need An Attorney That Values Quality Over Quantity?

If you are looking for a personal injury firm that values quality of representation over quantity of cases contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Determining whether your accident qualifies under the Jones Act or falls under another law makes a huge difference in terms of your right to pursue certain claims, including for life-long disability.  

In other articles, we discussed the several factors to consider in determining whether one qualifies as a Jones Act seaman and if their case qualifies under the Jones Act.  If it does, the Jones Act allows an injured seaman to pursue many claims which are not available under other laws.  These include claims for permanent disability and future lost wages, among others.  

The Jones Act is unique and provides greatly different rights than other laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  It is very important to consult with an experienced Jones Act attorney as soon as possible after an incident in order to understand your rights.  

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

Under the law, a Jones Act lawsuit must be filed within 3 years of the accident date.  However, before relying on that 3 year period, it is important to know for sure if your case qualifies under the Jones Act or another law, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  

In order to qualify under the Jones Act, a number of requirements must be met.  For instance, the injured victim must be considered a Jones Act seaman who was contributing to the mission of a certain vessel or fleet of vessels for a certain length of time.  It must also be determined whether the injury occurred on a “vessel” capable of navigation.  

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

A Jones Act employer is not allowed to retaliate against an employee for exercising their rights under the Jones Act.  However, the burden is on the employee to prove that the employer’s motivation for firing him was due to the employee exercising their rights.  

If a Jones Act seaman is injured while working, their employer is responsible for providing them with medical treatment (cure) and for providing them with payments for their continued room and board (maintenance).  The Jones Act employer’s duty to pay maintenance and cure continues until the injured seaman has reached “maximum medical improvement,” that is, when it is determined that further medical treatment will not help them to get any better.  

The Jones Act also allows the injured seaman to seek damages for future wage loss and disability, but these damages must be proven.  

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

How long it takes for a Jones Act case to settle or resolve depends on many factors specific to each case, such as the person’s injuries and medical treatment, the facts of the case, and the parties involved.

In a Jones Act case, the Jones Act employer is responsible for “maintenance and cure.”  That means the employer must pay for the injured employee’s medical expenses and basic living expenses until they reach maximum medical improvement.  Depending on the extent of the worker’s injuries, medical treatment may last several years.  A resolution to a Jones Act case does not typically occur until the worker has finished treating or at least understands what the future may hold for them.  

The facts of a Jones Act case also play a key role in the length of time the case takes to resolve.  Often, employers do not want to accept responsibility or refuse to accept full responsibility for the worker’s injuries.  In those cases, lawyers must gather evidence during a lawsuit to determine the cause of the accident and the parties responsible.

Finally, a Jones Act case against a worker’s employer may also include claims against the owner of the vessel upon which the incident occurred.  Sometimes, “unseaworthiness claims” and other general maritime law claims may be included against third parties in lawsuit.  In those cases, the lawsuit process involves an investigation as to each company’s involvement in the accident. 

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

Maybe and maybe not.  Whether you have a Jones Act case depends on whether you are injured and if you qualify as a Jones Act seaman.  

First, it is not uncommon for oil field workers to get hurt on the job and keep working, either for fear of being fired, fear of being taken off the rig, or being tagged as a liability.  But, if you are hurt on a rig and don’t report your injury, you will have trouble getting the company to pay for benefits later on, such as medical expenses.  

If you are injured, you must determine what kind of claim you have.  To qualify under the Jones Act, an injured worker must be a Jones Act seaman.  There are many factors in determining this, including whether the accident occurred on a navigable vessel, whether the employee was working in the service of the vessel, and even the employee’s work history with the company.  

Determining your rights following an injury on an oil rig can be complicated.  If you have questions concerning an incident while working offshore, call us today to schedule a free and confidential consultation.

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

The Jones Act covers “Seaman” who are injured while at work.  Determining whether someone is considered a Jones Act Seaman can be an extremely complicated and fact-dependent process.  

Factors we consider in making such a determination include, but are not limited to the person’s job duties, the length of their employment, whether they were permanently assigned to a vessel or fleet of vessels, whether the accident took place when they were working in service of a vessel.  

Understanding whether you qualify as a Jones Act Seaman is critical to protecting yourself after a work injury. 

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

Probably not.  If you are truly a Longshoreman or Dockworker and not a Jones Act Seaman, the Longshore and Harbor Workers Compensation Act (LHWCA) would likely apply to your case.  

But, deciding whether you could qualify as a Jones Act Seaman is critical to understanding your rights moving forward.  The Jones Act provides many rights that the LHWCA does not. 

Have You Been Injured On Your Louisiana Maritime Job?

If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.