Too often offshore workers are injured on the job. Not only do they have to cope with life-changing injuries, but they also can’t work during the recovery process.
Luckily, the Jones Act offers comprehensive workers’ compensation benefits for many maritime workers. All injured maritime employees, including those injured due to winch failures, are entitled to maintenance and cure. Unfortunately, many maritime employers will do everything they can to avoid paying injured seamen the benefits they’re entitled to.
If you’re an injured maritime employee, you’re not alone. A diligent lawyer like George Vourvoulias at The Maritime Injury Law Firm in New Orleans, Louisiana is the ally you need to fight for your rights and compensation.
What is the Jones Act?
If you’ve been injured due to a winch failure, the Jones Act is for you.
This federal workers’ compensation law was established in 1920 specifically for the protection of maritime and offshore workers.
It is a dangerous industry, so injured seamen are entitled to some of the most comprehensive workers’ compensation in the United States.
Maintenance and cure, two types of benefits detailed under the Jones Act, are no-fault benefits. This means injured offshore workers don’t have to prove their employers’ blame for their injuries – only that the injuries were incurred on the job.
What is the difference between maintenance and cure?
Maintenance and cure are two types of benefits for injured offshore workers. They cover basic living expenses and medical expenses.
- Maintenance: Compensation for the cost of living, including mortgage, utilities, food, property taxes, insurance, and more. Payments are usually made on a bi-weekly basis.
- Cure: Compensation for the cost of medical expenses, including transportation to and from medical appointments. Payments are typically paid directly to the doctor.
Can I sue my employer under the Jones Act in Louisiana?
Under the Jones Act, injured workers are entitled to maintenance and cure benefits from employers even without proving the employers’ fault in the injuries.
However, maintenance and cure are not the only benefits available to injured offshore workers. If you do prove your employer’s negligence led to your injuries, then you have the right to file a lawsuit against your employer, as well as any third parties who could be responsible.
If your lawsuit is successful, then you could be compensated for:
- Pain and suffering
- Disfigurement
- Retraining
- Past and future medical expenses
- Past and future lost wages
Negligence under the Jones Act can take many different forms.
Some examples of employer negligence include:
- Requiring seamen to work in dangerous weather conditions
- Failure to provide seamen with adequate training or equipment
Winch failures in Louisiana
As you can see, injuries due to winch failure could be one of the easiest ways to prove employer negligence under the Jones Act.
The Jones Act requires maritime employers to regularly maintain the safety of their worksites, equipment, and training. A winch failure could be caused by failure to perform regular checks, or even failure to upkeep the equipment.
In that case, an employee injured by the faulty winch has a strong case to sue their employer for negligence under the Jones Act.
The Maritime Injury Law Firm: Offshore workers’ ally in Louisiana Jones Act cases
It’s a shame that maritime companies and their insurance companies try to take advantage of offshore workers when they need their help the most. However, a strong maritime injury lawyer like The Maritime Injury Law Firm can help change your life after an accident or injury.
George Vourvoulias has over 20 years of experience as a Jones Act lawyer, fighting for his clients’ rights and compensation. If you’ve sustained a Louisiana maritime injury, especially one due to a winch failure, George Vourvoulias and his team are here to help. For a free and confidential consultation, contact the team today.
