Dedicated New Orleans Crew Boat Accident Attorney Helping Louisiana Victims and Families
Crew boats are seafaring vessels that transport cargo, supplies and crew members to rigs, oil platforms and other boats. They range from 30-200 feet long and can hold 50 to 100 passengers. Crew members who are injured in a crew boat accident in Louisiana in the course of their duties can win compensation under U.S. maritime law if certain conditions are met.
Crew Boat Hazards
Passengers in crew boats face a variety of different hazards that can result in serious injury or death. Following are only a few examples.
- Capsize accidents
- Inhalation of toxic fumes
- Collisions with other boats
- Man overboard
Jones Act Claims
The Jones Act is a federal statute that allows a “seaman” injured on a “Jones Act vessel” due to employer negligence to recover full compensation for his injury. To qualify as a seaman, the employee must spend at least 30 percent of his work time on a Jones Act vessel. A Jones Act vessel must be American-built, American-owned, American-flagged, and American-crewed.
Longshore and Harbor Workers’ Compensation Act (LHWCA) Claims
The LHWCA is a federal statute that allows most crew members who do not qualify for compensation under the Jones Act to recover compensation under the LHWCA. The LHWCA operates more like workers compensation – you don’t need to prove negligence, but the payout is often considerably lower than it would be under the Jones Act.
Experienced Maritime Lawyer
Maritime law, workers’ compensation law, and Louisiana personal injury law are three very different animals, and experience in one area does not translate into experience in the other. Maritime attorney Tom Shlosman enjoys the benefit of years of experience successfully handling all kinds of maritime claims, including Jones Act and LHWCA claims.
I was seriously injured while working on a tugboat on the Mississippi River. From my initial contact with Tom, he gave my family and I [sic] confidence that he and his firm could handle the case. The defense attorney’s put up a hard fight, but they were no match for Tom and his team. I strongly recommend Tom and the Shlosman Law Firm in any type of maritime case. – Aaron O.
Frequently Asked Questions (FAQs)
My husband died in a crew boat accident. Did his claim die with him, or can I file a claim on his behalf?
Dependents, children, and spouses may file a wrongful death claim under:
- the Jones Act,
- the Longshore and Harbor Workers’ Compensation Act (LHWCA), or
- the Death on the High Seas Act.
Which statute you use depends entirely on your specific circumstances. Potential damages include compensation for loss of financial support.
What are the most common (man-made) causes of Louisiana crew boat accidents?
Although some crew boat accidents are nobody’s fault (e.g., accidents caused by unforeseeable bad weather), most can be traced to some form of negligence. Following are a few examples:
- Unseaworthiness of the vessel
- Lack of access to assistance at one or both ends of the transfer
- Failure to maintain effective handrails
Why should I file a Jones Act claim rather than a workers' compensation claim?
There are two main reasons:
- If you qualify as a “seaman” under the Jones Act, you are ineligible to apply for workers’ compensation benefits.
- You can seek compensation for “pain and suffering” under the Jones Act, but not under workers’ compensation law.
What are 'pain and suffering' damages?
Pain and suffering damages compensate you for physical pain arising from your injury. Depending on how painful your condition is, you might receive several times as much in pain and suffering damages as you do for medical expenses reimbursement.
If You Don’t Win Compensation, You Owe Me Nothing
My legal fees are calculated as a percentage of however much I am able to recover for you. Since any percentage of nothing is still nothing, you won’t owe me anything unless you receive compensation. I don’t charge upfront fees or “retainers” either, which means that you can afford to retain me even without a dime in your pocket.
Time Waits for No One – Act Quickly in Your New Orleans Crew Boat Accident Claim
Choosing the right lawyer can make a decisive difference in your case – not only in terms of whether you win or lose, but also in terms of how much compensation you end up with.
If you have been injured in a crew boat accident in New Orleans or if you have lost a loved one that way, fill out my online contact form, call me at (504) 826-9427, or email me at [email protected] to set up a free initial consultation.