Protections against negligence help ensure that working conditions for offshore workers are safe since employers can be held liable. However, it is not always so clear-cut.
As an offshore worker in or around New Orleans, Louisiana, you are covered by The Jones Act – which allows you to bring negligence claims against your employer. But under the Jones Act, comparative negligence comes into play when bringing allegations of neglect.
The Maritime Injury Law Firm is here to ensure that comparative negligence does not have a negative impact on your claim. Read on to find out how.
What is comparative negligence, and why is it essential for offshore workers in New Orleans, Louisiana to understand?
Comparative negligence essentially means that the burden of negligence doesn’t just fall onto the employer but also the employee.
As you can imagine, when negligence is involved, employers will work fervently to blame the incident and injury on the mariner to avoid having to pay a claim.
So, if you are an offshore worker here in New Orleans, Louisiana, your employer could claim that you were at fault, or “comparatively negligent,” which would impact your ability to recover for your injuries..
For example, if your employer can prove your actions were 20% to blame for your injury, whatever payout you would receive would likely be reduced by 20% since the accident was 20% your fault.
It is important to note that under the comparative negligence aspect of The Jones Act, it is legal for boat owners to challenge damage claims – reducing benefits significantly by trying to settle the damage claim outside of the court. These settlements are usually far less than what the claim is worth – and preferable to employers.
The Maritime Injury Law Firm knows how to fight against this, ensuring that you receive the rightful compensation you are owed.
As an offshore worker in Louisiana, why should you be concerned about comparative negligence?
While the intention behind comparative negligence is to prevent fraudulent negligence claims, many boat owners use it as a means to avoid paying valid ones.
Remember: the boat owner’s attorneys are only concerned about protecting the company’s interests, not your injury. As such, they will try to place fault onto you as the Jones Act seaman whenever possible.
This reduces the amount they are required to pay out immensely. This is where an experienced attorney such as The Maritime Injury Law Firm comes into play.
Are you an injured offshore worker in or around New Orleans? The Maritime Injury Law Firm will fight for you.
Do not allow the big boat owner to undermine your negligence claim. If you are an offshore worker and have been injured due to an act of negligence on the part of your employer, you need an experienced attorney by your side. Trust us when we say your employer will fight to place the burden of negligence onto you.
With decades of experience and a top reputation in New Orleans, Louisiana, the Maritime Injury Law Firm will fight fervently so that you and your family receive all you are entitled to. Contact us today to schedule a free and confidential consultation. We look forward to meeting with you.