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themahonefirm-blog · 4 years
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An Oil Field Injury Lawyer You Can Trust
Oil field workers are much more susceptible to injury on the job than many other industrial workers. This is due to several factors, including the fast-paced work environment, poorly trained employees, and unsafe working conditions. Machinery and tools represent potential risks for oil field workers, along with dangerous chemicals. The list goes on and on, but the point remains the same — it’s a hazardous environment, and workers get injured. When oil field accidents happen, it’s always a good idea to talk with a personal injury attorney who can help guide an injured worker through the maze of doctors, insurance claims, and paperwork.
Common Oil Field Accidents And Injuries
According to a US Department of Labor Occupational Safety and Health Administration report, quoted by eenews.org, the percentage of injuries in the Oil and Gas industry is far above similar incidents for other heavy industries like construction and road maintenance. Severe injuries occur in the following categories and are listed by the number of incidents:
1) Amputation — loss of fingers or fingertips from improper tool use or machine operation.
2) Fractures — broken bones, primarily leg injuries.
3) Falls / Falling Objects — slick surfaces create added danger along with tools, and other objects dropped from above.
4) Fire / Explosion — flammable liquids combined with sparks from machinery and equipment.
Accidents happen often on oil fields, and when they do, it’s imperative to have a specialized oil field injury lawyer to turn to. If you’ve been hurt while working on an oil field, give The Mahone Firm a call today to see how we can help you.
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themahonefirm-blog · 4 years
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An Oil Field Injury Lawyer You Can Trust
Have you or someone you know been hurt while working on an oil field? Working on an oil field can be a satisfying career choice, but it can be dangerous work. Unfortunately, oil field workers are injured every day. If you’ve been hurt while working on an oil field, call Mike Mahone, an oil field injury attorney today to discuss the details of your case.
The Mahone Firm provides individualized legal services to clients from the start of their case to its conclusion. As a lawyer in the New Orleans area, Mike wants to be always available to his clients and move their cases forward as efficiently as possible. This means that you won’t have to go through or speak with a paralegal or a legal assistant. If you’ve been hurt working on an oil field, call The Mahone Firm today at (504) 564–7342.
Have You Been Hurt On An Oil Field?
Oil field workers are much more susceptible to injury on the job than many other industrial workers. This is due to several factors, including the fast-paced work environment, poorly trained employees, and unsafe working conditions. Machinery and tools represent potential risks for oil field workers, along with dangerous chemicals. The list goes on and on, but the point remains the same — it’s a hazardous environment, and workers get injured. When oil field accidents happen, it’s always a good idea to talk with a personal injury attorney who can help guide an injured worker through the maze of doctors, insurance claims, and paperwork.
Common Oil Field Injuries and Accidents
According to a US Department of Labor Occupational Safety and Health Administration report, quoted by eenews.org, the percentage of injuries in the Oil and Gas industry is far above similar incidents for other heavy industries like construction and road maintenance. Severe injuries occur in the following categories and are listed by the number of incidents:
1) Amputation — loss of fingers or fingertips from improper tool use or machine operation.
2) Fractures — broken bones, primarily leg injuries.
3) Falls / Falling Objects — slick surfaces create added danger along with tools, and other objects dropped from above.
4) Fire / Explosion — flammable liquids combined with sparks from machinery and equipment.
If you’ve been hurt working on an oil rig, contact Mike Mahone, an oil field injury lawyer, today for a free case evaluation.
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themahonefirm-blog · 4 years
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A Reliable Louisiana Maritime Lawyer
Accidents causing injuries and even death can happen anywhere, including on water. A unique set of laws applies to these maritime accidents and injuries. If you’ve been in an accident caused by the wrongdoing or negligence of others, then you may have a claim under maritime law.
A Maritime Injury Lawyer will give you legal counsel and represent you in claims involving any maritime setting and watercraft such as tug boat accidents, commercial fishing boat injuries, oil platform injuries, cruise ship injuries, recreational boating injuries, yacht accidents, shipyard injuries, as well as dock and pier accidents.
Maritime accidents and injuries are common throughout Louisiana. A New Orleans Maritime Lawyer can assist you in seeking remedies under the:
Jones Act;
General Maritime Law (including claims for Unseaworthiness); and
Longshore Harbor Workers’ Compensation Act (including 905(b) claims).
Essential Things You Should Know About These Maritime Laws.
Admiralty law or maritime law can be complicated and confusing and different in many respects than the laws that apply to land-based injuries. But while these laws are complicated, you must familiarize yourself with the ones that will directly impact your case. This way, you can be better prepared for your upcoming maritime claim.
Let us look at the Jones Act and the Longshore Compensation Act and how they affect the way you proceed with your claim.
The Jones Act
Since 1920, the merchant marine Act which is commonly known as the Jones Act, has protected seamen and shipyard workers by clearly outlining their rights. The Jones Act requires employers to provide safe working environments and allows for remedies if employers fail at this duty. Unlike typical workers, however, workers covered by the Jones Act can bring lawsuits against their employers.
To qualify as a Jones Act seaman, you must have a substantial connection to a vessel or fleet that is in operation on a navigable waterway.
Your New Orleans maritime attorney will tell you that:
i. To be eligible for compensation under the Jones Act, you must qualify as a seaman.
A seaman can be an engineer, deckhand, cook and or a housekeeping steward that has been assigned to a particular vessel or fleet of vessels and, generally speaking, have spent at least 30% of his working service on the vessel or fleet of vessels. There are, of course, exceptions to this rule, but it provides a useful guidepost for seaman status.
You can be eligible for compensation if you’re injured on the job, and your New Orleans, Louisiana maritime lawyer, can prove your employer’s negligence caused a role in your injuries. However, if you’ve not spent at least 30% of your working hours on a vessel, this law may not cover you.
Compensation in a Jones Act case can include:
Medical Expenses,
Compensation For Pain And Suffering,
Mental Anguish
Loss Of Enjoyment Of Life
Lost Wages
Damage To Your Potential Future Earnings
ii. The standard of proof in the Jones Act is low
The Jones act is considered to be an employee-friendly law. If you’re eligible for the Jones Act, the standard of causation for injuries is much lower than in typical tort cases. You’ll only be required to show that your employer’s negligence contributed to your injury. A Maritime Injury Lawyer will help you prepare the case that is most likely to be successful under the Jones Act, no matter how minimally your employer’s negligence might have contributed to your accident.
iii. There are deadlines to be met
If you’re a qualified seaman under the Jones Act and have been injured as a result of your employer’s negligence, you should immediately report any injuries that you suffer and confirm that a report has been created.
The Jones Act also has a statute of limitations, which is a date by which you must file a lawsuit to protect your claim; usually, three years or a court of law will bar it. Contacting a reputable Maritime Injury Lawyer will make sure you protect your rights.
When Can Your Employer Be Held Liable For Negligence under the Jones Act?
Typical reasons for employer liability include:
Spills such as grease and oil on the ship’s deck
Co-worker assault
Failing to ensure that equipment parts are up-to-date and working properly
Failure to provide proper training to employees before putting them to work
Failing to place hazard and warning signs around dangerous areas
Failure to provide employees with safety gear and equipment
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
If you are not a seaman, you may have a claim under the LHWCA. The LHWCA protects maritime employees, such as harbor workers, longshoremen, and those working in docks and shipyards. For you to be eligible for LHWCA benefits, you must meet both the status and situs test.
The LHWCA means that you must qualify as a maritime employee to be eligible for compensation for injuries sustained while working. Unfortunately, if you’re a vessel repairman, seaman, or a shipbuilder building vessels under 65 feet long, you may not be eligible for LHWCA benefits.
What Are Some of the basic requirements of LHWCA?
If you’ve suffered an injury compensable under the LWHCA, you’re eligible for compensation to replace the loss of earning capacity and for payment of your medical bills.
· You’re eligible to receive 66 2/3 percent of your average weekly wages during the period you’ll be recovering
In the event of the death of an eligible employee, widows are entitled to 50% of your average weekly wages and children are entitled to ⅙ of average weekly payments (if there is a widow) or 50% of average weekly wages (if there is no widow)
Must you report your injury within 30 days of the accident or within 30 days of when you learn that the accident caused you an injury (for injuries that manifest later).
How to Pursue Fair Compensation When Injured In a Maritime Accident
If you’ve been injured while at work, one of the questions you might be having is how compensation will work. While every case is different and falls under different precincts of the law, legal damages under maritime law will typically cover things such as lost wages, medical expenses, pain, and suffering, amongst others.
If you want to move forward with a claim under general maritime law, make sure you:
Document any evidence of your illness and injuries.
Keep track of related medical bills and other associated expenses.
If you have potential witnesses, reach out to them when possible.
Contact a New Orleans maritime attorney to give you the much needed legal help.
A New Orleans Maritime Lawyer Can Help With Your Case
The decision on whether or not to seek legal counsel and representation from a maritime injury lawyer can break or make your case. A good maritime lawyer will help you review all documents relating to your case and assess the impact these could have on your claim.
A New Orleans maritime attorney should help you address critical items that might impact your case. These issues might include:
Status of the vessel at the time of the injury
State of the worker at the time of the injury
Factors that contributed to the injury
The vessel’s seaworthiness
The time frame in which the claim must be made
While these issues may seem simple, they might be hard to navigate without proper legal counsel from a New Orleans maritime lawyer. A maritime attorney will help you get contributory causes on the injury and prove of negligence so that you can get the compensation you deserve.
How Can a New Orleans, Louisiana Maritime Lawyer Help You?
The Mahone Firm has been involved in cases involving vessel transfer accidents, platform injuries, offshore construction accidents, dock accidents, and shipyard accidents, to name a few. If you’ve been injured in a maritime accident, The Mahone Firm is here to help. Call the firm today at (504) 564–7342 for a free initial consultation with a New Orleans, Louisiana maritime lawyer.
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themahonefirm-blog · 4 years
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Injuries during offshore and maritime operations happen all too often. In some instances, such as with the catastrophic loss of life from the explosion and sinking of the Deepwater Horizon, many people will be injured and they, or their loved ones, will have significant claims against a vessel owner.
The fear that such accidents could possible occur may be so great that a potential vessel owner will simply not get involved in the maritime industry. On the other hand, it would be highly unfair if people who were injured or lost loved ones in a maritime accident should not be fully compensated for their losses.
Although it is viewed by many as an outdated tool and been criticized as unfair, the law allows vessel owners to bring a limitation of liability action to limit their damages for serious personal injuries.
What is a Limitation of Liability Action?
A limitation of liability action is a procedural device that allows a vessel owner to limit its liability to the value of the vessel and the pending freight at the end of the voyage.
What if the Vessel Sinks Because of the Accident?
In many instances, this will be a great benefit to the vessel owner because the value of the vessel after the accident will be its salvage value. This amount should be much lower than if the vessel had returned to port.
However, this result can be incredibly unfair if lives are lost in the accident. Congress understood this problem and passed the “Loss of Life Amendments.” Now, if lives are lost in a vessel accident involving a “seagoing vessel,” the plaintiffs can recover from the general limitation fund and if that is not enough to cover their claims, they can recover from a separate fund created for them. The amount in this fund is computed by multiplying the weight times $420/ton and then deducting the general limitation fund amount.
What if Multiple Ships are Involved in the Accident?
In some instances, the vessel owner may have to surrender all ships involved in an accident, if they are commonly owned and engaged in a single enterprise under a single command. This is called the “flotilla doctrine.”
How Long Does a Vessel Owner Have to Bring a Limitation Action?
A vessel owner has 6 months from the time of receiving notice of a claim to bring a limitation action. But, he may still use limitation of liability as a defense if he is sued because of the injuries.
Are There Any Other Exceptions to When Limitation of Liability Applies?
Yes. A shipowner can only take advantage of a limitation action if he did not have privity or knowledge of the negligence. This means that the owner must have participated in the negligence that caused the injury.
Determining this knowledge can be extremely complicated, particularly when dealing with vessel owners who are corporations or businesses.
Louisiana Offshore Injury Lawyer
If you’ve been hurt in an offshore or maritime accident, The Mahone Firm is here to help. Call (504) 564–7342 to discuss your case with an offshore injury lawyer.
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themahonefirm-blog · 5 years
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9 Workers Killed in Offshore Explosion in Brazil
9 workers have been confirmed dead in an offshore explosion in Brazil occurring in February. Among those who lost their lives were seven Brazilians and one Indian.
The explosion occurred on the Cidade de São Mateus, floating production storage and offloading (FPSO) vessel. An FPSO is an offshore vessel that produces its own hydrocarbons or receives them from platforms or other nearby production sources, stores the production, and then offloads it on to tankers or other vessels. The FPSO was owned and operated by BW Offshore, a Norwegian company, for Petrobras. The workers who died in this tragic accident were employed by BW Offshore.
Though details are limited at this time, early reports claim that the explosion was caused by a gas leak. Luckily, the fire was contained quickly and no oil leaked into the ocean.
Offshore Explosion in Brazil Just One of Many Problems for Petrobras
Even before the recent offshore explosion, the company was suffering from a whole host of issues. It has the largest debt of any oil company and consequently, has allegedly been forced to operate many of its facilities without performing maintenance work. To make matters worse, the company is currently embroiled in a corruption scandal that has led to the arrest of numerous officials and contractors and the resignation of its CEO and five other executives.
The explosion also comes on the heels of a recent industrial accident at a Petrobras refinery in Brazil. Three workers were injured in an explosion that occurred while they were using an electric sander on the inside of a drained hydrogen tank. The injured workers sustained burns to significant portions of their bodies.
These incidents lend support to criticism that Petrobras has faced from union officials about worker safety. Petrobras has been accused of, among other things, using contract workers who are not always qualified to safely operate the equipment used during operations.
New Orleans Offshore Injury Lawyer
The offshore explosion in Brazil is but one example of the sort of extreme dangers faced by offshore workers on a daily basis. While many jobs carry some level of safety risks, few compare to the dangers encountered working offshore and in industrial operations.
If you or a loved one has been injured in an accident while working offshore or in an industrial facility, The Mahone Firm can help. Call (504) 564–7342 to discuss your case with an offshore injury lawyer at no charge.
Previous Offshore Accident News
Tragic Chinese Tugboat Sinking Accident Claims 22 Lives
Offshore Louisiana Rig Explosion Kills 1 and Injures 3
Louisiana Work-Related Deaths Decrease in 2013
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themahonefirm-blog · 5 years
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Louisiana Legislators Fight New Offshore Drilling Regulations
Following the explosion of the Deepwater Horizon and the ensuing oil spill, people realized that additional safety was needed to protect offshore workers. These workers put their lives on the line every single day, and when companies cut corners to save costs, tragedies can occur.
In 2015, the federal government proposed a new set of offshore drilling regulations designed at avoiding future offshore catastrophes. These rules impose greater regulation of key rig components (like blowout preventers) and mandate increased inspection and monitoring of offshore operations.
However, despite the admirable goal of the regulations, they have been met with great opposition by lawmakers, particularly those in Louisiana.
Louisiana Congressmen Fight Offshore Drilling Regulations
Louisiana’s economy is dependent on the oil and gas business. This has posed a large problem lately as the price of oil has plummeted to under $30 per barrel and oil companies seem to be laying off more and more Louisiana employees ever day.
Given this climate, it is not much of a surprise that Louisiana’s legislators are doing whatever they can to protect oil and gas companies from incurring additional costs. They fear that the new regulations will serve as a “de facto” moratorium on drilling that would ultimately decrease exploration efforts.
As Representative Steve Scalise cautioned:
“You’re punishing people that haven’t done anything wrong….That tells me they’re trying to kill drilling in the Gulf of Mexico.”
The flip side of the argument, as explained by a spokesman for the Bureau of Safety and Environmental Enforcement, is that cost should not be a factor when you’re dealing with human lives:
“There will be cost savings in terms of saving lives, preventing spillage of oil…And you can’t place a value on the savings of a loss of life.”
While both sides raise valid points, there has to be a middle ground between increased regulation and protecting offshore workers. Offshore oil and gas exploration and production are vital to the US economy, but it must be done in a way that affords some level of safety to offshore workers.
Offshore accidents continue to occur far too frequently. Although the new offshore drilling regulations may not be the answer, there must be a way to ensure the safety of maritime workers. This is particularly true in times like these where profits have decreased dramatically and companies have an incentive to cut costs wherever they can.
Louisiana Offshore Injury Lawyer
If you’ve been injured in an offshore or maritime accident, call offshore injury lawyer, Mike Mahone at (504) 564–7342. There is no charge to discuss your case with a personal injury attorney.
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themahonefirm-blog · 5 years
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Here’s what to do after an offshore accident in New Orleans
If you or a loved one has sustained injury from an offshore accident in New Orleans, it’s important to be fully informed of what to do and avoid. While you may be legally entitled to receive compensation for lost wages, medical expenses, pain and suffering, your actions can affect the outcome of your claim. 
Any mishandling can result in a negative outcome, including something as severe as the dismissal of your case. 
After an accident, what usually happens is that your maritime employers will begin an investigation immediately and notify their insurance provider. In most cases, this happens even before you file a claim. 
Since employers have a well-prepared legal team and extensive resources, they will be fully prepared to minimize the value of your claim. And all too often, offshore workers are pressured to accept a low settlement. 
That being said, here’s what you’ll need to do after a maritime accident to protect your rights for compensation.
• Fill out an offshore accident report 
If you are hurt and experiencing pain, it’s recommended to immediately report the injury to your supervisor. After that, you should fill out an accident report explaining how the accident occurred. 
While it is always best to report an accident immediately, sometimes pain doesn’t start right after an accident and may take a couple of days to set in. In that situation, you should still report it to your supervisor as soon as your symptoms begin.
• Talk to potential witnesses 
This can make a tremendous difference in your claim for compensation later. It is always important to talk to your co-employees about what happened, including how your accident occurred and how you felt afterward. 
In some cases, injuries can be quite severe that you may never return to that vessel gain. In such a case, your co-employees may be the ones who have photographs of the accident scene and have the best knowledge of the conditions that led to your injury.  
• Seek medical attention as soon as possible 
You should request medical attention right away. A maritime company may provide a doctor to examine you, but it’s important to insist on getting medical services from a professional doctor you trust. 
The doctor chosen by the company may not always have your best interest at heart, as they’re being paid by your bosses. 
• Consult with an attorney before signing documents that could give up rights that you may have 
Until you consult with an experienced New Orleans offshore injury attorney, you should avoid signing documents that could give up rights. 
Companies will often try to get injured workers to agree that the company doctor is the employee’s chosen doctor and may attempt to get employees to settle their claims unfairly given the risk that you could harm your case and decease your rights. 
The best course of action is to get in touch with an offshore injury lawyer immediately.
If you’ve been hurt offshore, contact New Orleans offshore injury lawyer, Mike Mahone to discuss your case free of charge. 
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themahonefirm-blog · 5 years
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New Proposed Offshore Oil Well Rules Promote Safety
In April 2010, the Gulf Coast experienced one of the greatest environmental catastrophes in modern history: the blowout of the Deepwater Horizon. Putting aside the environmental impacts, 11 people tragically lost their lives in the explosion.
Recognizing the need for change, the Obama administration’s new proposed offshore oil well rules seek to avoid future blowouts by imposing stricter regulations on the equipment used in offshore oil and gas operations.
Explanation of New Proposed Offshore Oil Well Rules
Obama’s new regulations focus on blowout preventers used in offshore wells and ensuring that well blowouts can be controlled quickly. The regulations establish schedules for maintenance and repair of blowout preventers and require equipment audits. Each blowout preventer would also be accompanied by a backup shear ram to seal a pipe in the event of an emergency.
In addition to equipment requirements, the new proposed offshore oil well rules will also require real-time monitoring of heat and pressure data from offshore wells.
Oil and Gas Industry Response to New Proposed Offshore Oil Well Rules
The proposed offshore well rules will have a significant impact on oil and gas companies. It is estimated that implementing the new regulations will cost the industry $88 million per year over the next ten years. This is certainly not a small sum.
Erik Milito of the American Petroleum Institute has said that they are currently reviewing the proposed rules and noted that: “Improved standards for blowout preventers are one of the many ways industry has led the charge to make offshore operations even safer.”
Despite the steep price tag for the regulations, analysts do not expect much pushback from the industry. Only time will tell if there is any opposition, but the early response is positive and is a good sign for increased safety for offshore workers.
Louisiana Offshore Injury Lawyer
If you’ve been injured in an accident while working offshore, call offshore injury lawyer, Mike Mahone, at (504) 564–7342 today. The Mahone Firm is here to help. There is no charge for a consultation with a New Orleans personal injury attorney.
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themahonefirm-blog · 5 years
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Were You Involved in a Hit and Run Bicycle Accident?
With the recent addition of the multi-million dollar Lafitte Greenway (not to mention the miles and miles of previously created bike lanes), New Orleans continues to become a more bike-friendly city. In fact, Forbes ranked New Orleans as one of the top 20 most bike-friendly cities in the United States, which is quite an accomplishment.
However, even with the advances in cyclist safety, bike accidents still happen far too often. Just yesterday a cyclist lost her life in a fatal hit and run bicycle accident on Leon C. Simon Drive in New Orleans. She was hit from behind by an SUV and then flipped over the vehicle.
This tragedy shows the dangers that bike riders face every single day when they get on the road. And, it begs the question: what can cyclists do to protect themselves?
Protecting Against Hit and Run Bicycle Accidents
The most important thing that cyclists can do to protect themselves is to know and understand Louisiana’s bicycle laws. The laws exist to protect the safety of bike riders, and if obeyed, can reduce the chances of a hit and run accident.
Making sure that you have the right insurance is also of critical importance. If you are able to identify the driver of the vehicle that hit you, you will be able to bring a claim against their liability insurer. This is really no different than any other auto accident case.
However, with a hit and run bicycle accident, you may not be able to identify the driver. If that happens, there will no other policy that will compensate you for your injuries unless you have uninsured/underinsured motorist (UM) coverage. A UM policy will typically provide coverage for injuries that a cyclist suffers from a hit and run driver, no different from if you got in an auto accident with an uninsured driver. UM coverage is usually not very expensive but is worth every penny if you ride your bike on city streets.
New Orleans Bicycle Accident Lawyer
If you’ve been injured in a bike accident, The Mahone Firm is here to help you. Call (504) 564–7342 to talk to a personal injury lawyer today. There is no charge for an initial case consultation.
Riding your bicycle in Louisiana can be dangerous so it’s important that you know all of the Louisiana bicycle laws.
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themahonefirm-blog · 5 years
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Who Can Be Held Liable for Offshore Injuries?
Offshore and maritime accidents can happen in a bunch of different ways. Some workers get hurt because of conditions on boats and offshore rigs (ex. slippery floors, rusted grating, etc.). Others get hurt because of the carelessness of other workers.
But, determining how an accident happens is only one part of the analysis. You’ve also got to figure out who can be held liable for the injuries.
Liability for Offshore and Maritime Injuries
The starting point for any offshore injury case is to determine the potentially responsible parties.
1. The Worker’s Employer
Generally speaking, a workers’ employer is immune from liability for injuries to its employees caused by its negligence and can only be subject to a workers’ compensation or Longshore and Harbor Workers’ Compensation Act claim.
However, the Jones Act provides an exception to this rule and allows for a suit for damages against an employer if the worker qualifies for seaman status. Also, intentional torts and claims for vessel negligence (905b claims) are exceptions to employer immunity.
2. Contractors
Offshore projects, particularly construction projects and workover operations, involve many companies working together. When employees of other companies cause injuries, those companies can be sued for the negligence of their employees.
3. Rig Operators
Many times offshore drilling rig and platform injuries happen because of decisions made by the oil company operating the rig. Whether that involves rushing a job to meet a deadline or a dangerous instruction given by a company rep, the result is that the oil company can be held liable for a worker’s injuries.
4. Vessel Operator
A vessel operator owes a duty of seaworthiness to the crew of the vessel. If a worker qualifies for seaman status, an unseaworthiness claim against a vessel operator is a powerful remedy for any injuries that he or she suffers.
5. Equipment Manufacturers
Defectively manufactured equipment (ex. cranes, transfer baskets, etc.) can also cause injuries. If an injury is caused by defective equipment, the manufacturer can be held liable as well.
Call a New Orleans Maritime Lawyer
If you’ve been hurt in an offshore or maritime accident, The Mahone Firm can help. Call (504) 564–7342 to talk to an accident lawyer about your potential case.
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themahonefirm-blog · 5 years
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Do You Know All The Safety and Louisiana Motorcycle Laws? I Bet You Don’t.
Motorcycles account for only about 3 percent of all registered vehicles in the United States. However, motorcycle riders are involved in around 15 percent of traffic-related fatalities. And recent studies show that motorcyclists are 26 times more likely to be involved in a fatal accident than passenger vehicle drivers.
These numbers are scary statistics for bike riders. Indeed, Louisiana news outlets frequently report on lives lost in tragic motorcycle accidents.
Thankfully, the Louisiana motorcycle laws are designed to keep bike riders safe. If cyclists in Louisiana understand the Louisiana motorcycle laws, they will be better able to try to avoid a serious accident on the road.
6 Things to Know about the Louisiana Motorcycle Laws1. 
Cyclists are Entitled to Full Use of Traffic Lanes
The Louisiana motorcycle laws give motorcycle riders the right to full use of traffic lanes. The laws specifically prohibit motorists from operating their cars or trucks in a way that deprives cyclists of full use of the lane.
If an accident happens because a car or truck driver refused to give a cyclist full use of the lane, it can be strong evidence that the vehicle operator should be responsible for the motorcyclist’s injuries.
2. Some Driving Behavior is Illegal
A number of behaviors are specifically made illegal by the Louisiana motorcycle laws:
Motorcycle riders cannot ride with more than two bikes side-by-side in a lane;
Bike riders cannot pass a car or truck in the same lane occupied by the car or truck;
Bike riders are prohibited from carrying anything that prevents them from having both hands on the handlebars; and
Motorcyclists cannot drive between lanes of traffic or between rows of vehicles.
3. There are Requirements for Passengers on Motorcycles
There are several requirements if you’re going to carry others with you on your motorcycle:
Passengers are only permitted on motorcycles equipped for more than a single rider;
Passengers must ride on permanently fixed seats, either a single seat made for two people or an individual seat for a passenger;
If you have a passenger on your bike, your bike needs to have a footrest for the other rider;
You cannot carry a person on your bike (and no bike passenger shall ride) in any way that interferes with the operation of the bike or your view;
You cannot carry a child who is required to be in a forward or rear-facing car seat; and
You can carry a child who is five or older, but only if the child is wearing a helmet and is properly seated.
4. Helmets are Required
Motorcycle riders are required to wear helmets fastened with a chin strap while the bike is moving. Helmets must have padding, lining, a chin strap, and a visor.
5. Eye Protection is Required
Motorcycle riders are required to wear eye protection when operating a motorcycle and cannot use tinted eyewear at night. However, this requirement does not apply if the bike has a windshield that is sufficiently high.
6. There are Limits on Handlebar Height
Louisiana laws require that the handlebars on a motorcycle be no higher than a driver’s shoulders. In other words, when sitting on your bike and holding the handlebars, your hands should not be above your shoulders.
New Orleans Motorcycle Accident Attorney
Even though the Louisiana motorcycle laws protect bike riders, accidents still happen. If you’ve been involved in a motorcycle accident, call a professional Louisiana motorcycle accidents layer, Mike Mahone, at (504) 564–7342. The Mahone Firm is here to help.
There is no charge unless your personal injury case is successful, so call today for a free consultation.
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themahonefirm-blog · 5 years
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What Should I Do If I’ve Been Hurt Offshore in Louisiana?
Offshore workers put their lives on the line every single day, doing a job that is both incredibly dangerous and incredibly important. Despite many advances in safety practices, workers are still hurt offshore in Louisiana far too often.
If you’ve been injured in an offshore accident, you may not know what to do. Here are a few tips if you’ve been hurt offshore in Louisiana or anywhere else along the Gulf Coast.
Tips if You’ve Been Hurt Offshore in Louisiana
1. Report the Accident and Injury
As soon as you get injured, you need to report the injury to make sure that it is documented. The last thing you want to do is to be in a situation where there is no record of your injury and the other side has the ability to say that your injury never happened.
2. Request Medical Care for Your Injuries
Once you’ve reported your injury, your employer should make sure that you are able to see a doctor. However, if you are not offered medical care, make sure that you ask for it. You’re entitled to have a doctor treat you for your injuries.
3. Don’t Get Pressured to Go Back to Work Until You’re Physically Able
Many times injured offshore workers will be pressured into returning to work earlier than they should. After all, it is in your employer’s best interests for you to be back working, rather than getting paid to sit at home hurt.
Unless you’re physically capable of doing your job, don’t get pushed to go back to work too early. This may end your employer’s obligation to pay you workers’ compensation benefits and can put you at risk of getting hurt again.
4. Request Your Own Doctor if You’re Unhappy with the Company Doctor
You’re entitled to get a second opinion on your injuries and to receive treatment from a different doctor. Remember that you can jeopardize this right if you agree that the company doctor is your doctor.
Call a Louisiana Offshore Injury Attorney
The laws that govern offshore and maritime injuries are complicated and can be confusing. If you’ve been hurt offshore, New Orleans offshore injury lawyer, Mike Mahone is here to help. Call (504) 564–7342 for a free and confidential case evaluation with an offshore injury lawyer.
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themahonefirm-blog · 5 years
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NEW ORLEANS MOTORCYCLE ACCIDENT ATTORNEY
People often view motorcycle riders as dangerous and reckless, but this is rarely the case. Instead, the vast majority of motorcyclists are responsible and take precautions to keep themselves safe on the road, such as wearing the proper clothing, helmets, and protective eyewear, and understanding the right way to operate a motorcycle.
Rather than being reckless, they simply enjoy riding their motorcycles, either as a way to relax or because they prefer a motorcycle to a car or truck.
But, even taking every safety measure, motorcyclists face danger every time they get on the road. Recent statistics show that motorcycles makeup only 3 percent of all registered vehicles in the United States but account for 15 percent of all traffic fatalities. Even more troubling: per vehicle, mile traveled, motorcyclists were more than 26 times as likely as car occupants to die in motor vehicle traffic crashes and 5 times more likely to be injured. This makes it imperative to have a New Orleans motorcycle accident lawyer.
Many times, these accidents aren’t caused by the rider but by the other drivers on the road. Car and truck drivers frequently refuse to share the road with motorcycle riders, they don’t look for riders, and they fail to yield to them.
But Louisiana law protects motorcycle riders. Motorcyclists are entitled to “full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane” (La. Rev. Stat. 32:191.1). If a vehicle driver fails to give a motorcycle rider full use of the lane, there’s a strong argument that the driver was negligent and therefore responsible for any injuries that result. An experienced New Orleans motorcycle accident lawyer will be able to represent you in court.
When motorcycle accidents do occur, they usually lead to severe injuries. Riders are often thrown from their bikes and can suffer broken bones, back and neck injuries, long-term disabilities, or even death.
Louisiana Motorcycle Accident Lawyer
If you’ve been involved in a New Orleans motorcycle accident, call a New Orleans motorcycle accident lawyer at (504) 564–7342 today. You will be able to talk through all of the issues in your case with an accident lawyer and start working to get you compensated for your injuries.
Or, click here for answers to some questions commonly asked of New Orleans personal injury attorneys.
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themahonefirm-blog · 5 years
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Do You Understand the Louisiana Marijuana Laws?
Marijuana has been in the news a lot recently as many states have begun to decriminalize possession, permit medical marijuana, or even go as far as to legalize it (like Colorado and Washington).
The Louisiana marijuana laws have been no stranger to media coverage. Earlier this year, a bill that would have allowed for a medical marijuana industry in Louisiana failed to make it out of a senate committee. Then, over the summer, the Louisiana State Bar Association passed a resolution to support reduced sentences for marijuana possession, even for repeat offenders.
Despite these attempts at changing the law, the Louisiana marijuana laws still carry harsh penalties for possession and distribution.
Louisiana Marijuana Laws on Possession
Punishment for possession depends on your criminal record and the amount of marijuana you possess.
If you possess less than 60 pounds of marijuana and it’s your:
First Offense: misdemeanor punishable by up to 6 months in jail and a maximum of a $500 fine (La. R.S. 40:966(E)(1))
Second Offense: felony punishable by up to 5 years in jail and a $250 to $2,500 fine (La. R.S. 40:966(E)(2)(a))
Third and Subsequent Offenses: felony punishable by up to 20 years in jail and a maximum of a $5,000 fine (La. R.S. 40:966(E)(3))
If you’ve been convicted of a previous drug possession or distribution offense, even if it was for some other drug, it may count as a prior offense. (La. R.S. 40:966(E)(4) and (E)(5))
If you possess more than 60 pounds:
60 to 1,999 Pounds: felony punishable by 5 to 30 years in jail and a $50,000 to $100,000 fine (La. R.S. 40:966(F)(1))
2,000 to 9,999 Pounds: felony punishable by 10 to 40 years in jail and a $100,000 to $400,000 fine (La. R.S. 40:966(F)(2))
10,000 Pounds or More: felony punishable by 25 to 40 years in jail and a $400,000 to $1,000,000 fine (La. R.S. 40:966(F)(3))
Louisiana Marijuana Laws on Distribution
Distribution and possession with intent to distribute carry even more serious punishments:
First Offense: felony punishable with between 5 and 30 years in jail and a fine of not more than $50,000 (La. R.S. 40:966(B)(3))
Second and Subsequent Offenses: felony punishable with between 10 and 60 years in jail and a fine of not more than $100,000 (La. R.S. 40:982(A))
You’re considered a subsequent offender under the Louisiana marijuana laws if you’ve been convicted of any possession, production, manufacturing, distribution or dispensation offense involving narcotics, marijuana, hallucinogens, depressants, or stimulants. (La. R.S. 40:982(B)).
You will also face increased punishment for distributing marijuana in certain situations:
Distribution to Minors: if you are 18 or older and sell marijuana to a minor who is at least 3 years younger than you (La. R.S. 40:981(C));
Distribution to Students: if you sell marijuana to a student at any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution in Louisiana (La. R.S. 40:981.1);
Solicitation of Minors to Distribute: if you are 18 or older and get somebody under 18 to sell marijuana (La. R.S. 40:981.2(B)); and
Distribution Near Schools and Drug-Free Zones: if you sell marijuana on school properties, school buses, or if designated as “drug-free zones,” drug treatment facilities, religious building properties, public housing authority properties, and child daycare center properties, or within 2,000 feet of any of such schools or facilities. (La. R.S. 40:981.3).
This can increase your maximum jail time to 45 years or 90 years and maximum fines to $100,000 or $200,000, depending on your criminal history. Distributing marijuana near schools and drug-free zones requires the maximum fine and imprisonment for up to either 45 or 90 years. (La. R.S. 40:981.3(E)(1)).
Louisiana Marijuana Laws on Paraphernalia
You will also be subject to punishment if you’re charged with possession of drug paraphernalia (ex. pipes):
First Offense: misdemeanor punishable by up to 6 months in jail and a maximum fine of $500 (La. R.S. 40:1025(A));
Second Offense: misdemeanor punishable by up to 1 year in jail and a maximum fine of $1,000 (La. R.S. 40:1025(B)); and
Third Offense: felony punishable by up to 5 years in jail and a maximum fine of $5,000 (La. R.S. 40: 1025(C)).
New Orleans Criminal Defense Attorney
If you’ve been charged with a crime involving the Louisiana marijuana laws, you may be facing significant jail time.
The Mahone Firm can help. Call (504) 564–7342 to speak with a New Orleans criminal lawyer today.
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themahonefirm-blog · 5 years
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Removal of Offshore and Maritime Cases to Federal Court
One of the first things that an offshore injury attorney must do is decide where a particular case should be filed. This will typically involve choosing between a variety of potential state and federal courts. But, just because an attorney picks to file a case in a particular court does not necessarily mean that it will stay in that court.
This is because a defendant may decide that it wants to remove an offshore or maritime case to federal court. Removal of offshore and maritime cases to federal court can present a number of complicated issues for plaintiffs, and defendants.
What is Removal?
Removal is a process where a defendant moves a state court case to federal court, which they often try to do this with newly-filed cases.
What Reasons Allow for Removal of Offshore and Maritime Cases to Federal Court?
There are a number of ways that offshore and maritime cases get removed to federal court. For example, if the parties are from different states (ex. a Louisiana plaintiff and a Texas defendant) and the potential damages in the case are worth more than $75,000, the defendant can try to remove the case to federal court based upon “diversity jurisdiction.”
Or, if an accident occurs on a fixed platform, defendants will claim that they can remove the case under the Outer Continental Shelf Lands Act (the “OCSLA”). This is because the OSCLA uses state law as federal law, thus allowing the case to come within the “federal question” basis for removal.
These are just a couple of the different ways that removal can occur. Every case will present its own facts and may, or may not, support removal.
Can an Offshore Injury Plaintiff Move a Case Back to State Court?
Yes. A plaintiff can file a “motion to remand” that asks the federal court to send the case back to state court. There are a variety of reasons that can lead to the case being sent back, such as a lack of jurisdiction, procedural issues with the filing by the defendant, or waiting too long to try to remove the case to federal court.
Call an Offshore Injury Lawyer Today
As you can see, the issues involved in offshore injury cases can be complicated. If you have been involved in an offshore or maritime accident, call The Mahone Firm today at (504) 564–7342. There is no charge to discuss your case with an injury lawyer.
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themahonefirm-blog · 5 years
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5 Things to Know About the Louisiana Bicycle Laws
Louisiana Bicycle Laws
People all over Louisiana enjoy riding bicycles, both as a means of transportation and for exercise. In recent years, millions of dollars have been spent to install bike paths and bike lanes around Louisiana.  These improvements have done a great deal to make the roads safer for cyclists.
The Louisiana bicycle laws further contribute to a safe environment for bike riders.  So, if you’re going to ride your bike in New Orleans or anywhere in Louisiana, it is important to understand what the Louisiana bicycle laws require you to do and how they protect you.
Knowing these five things will help you stay safe and aware of your rights and responsibilities when on the road:
1. Know the Correct Arm and Hand Signals
Bicycle riders must be aware of the proper hand and arm signals to alert other drivers to changes in their movement.
The law specifies the signals that should be used in different situations:
Turning Left: extend your left hand and arm horizontally, open your hand, and face the back of your hand to the rear.  La. R.S. 32:106(A)(1).
Turning Right: extend your hand and arm (right or left) upward at a 45-degree angle, open your hand, and face the back of your hand to the rear. You can also extend your right hand and arm horizontally, open your hand, and face the back of your hand to the rear.  La. R.S. 32:106(A)(2).
Stopping/Slowing Down: extend your hand and arm downward at a 45-degree angle, open your hand, and face the back of your hand to the rear.   La. R.S. 32:106(A)(3).
Pulling from Curb or Side of Highway: same as turning left.  La. R.S. 32:106(A)(4).
You don’t have to continuously give the signal if you need your hand or arm to control your bike.   La. R.S. 32:106(B).
2. Make Sure You Have the Proper Equipment
Every bike, regardless of when it is used, must have brakes that are strong enough to make the bike skid on dry, level, clean pavement.  La. R.S. 32:346.
If you’re going to ride your bike in conditions with poor visibility (such as at nighttime or in rain, fog, or tunnels), you must also have:
A lamp mounted on the front of the bike emitting a white light visible for up to 500 feet (La. R.S. 32:329.1(A)(1));
A lamp on the rear of the bike emitting flashing or steady red light visible for up to 500 feet (La. R.S. 32:329.1(A)(2)); and
A red reflector mounted on the rear of the bike and reflectors (either white or red) on either side of the bike that allows the bike to be visible for up to 600 feet when in front of motor vehicle headlights (La. R.S. 32:329.1(A)(3)).
The Louisiana bicycle laws actually forbid the sale of a bike that does not comply with these requirements.   La. R.S. 32:329.1(E).
Those responsible for children (parents, guardians, etc.) are prohibited from allowing children under 12 to ride bicycles without a helmet that is secured by a strap.  They are likewise prohibited from allowing children weighing less than 40 pounds or under 40 inches in height from riding on a bike without being in a restraining seat.  La. R.S. 32:199(B).
3. Follow the Laws for Safe Operation of Bicycles
The Louisiana bicycle laws are designed to make sure that you avoid doing things on your bicycle that could lead to accidents:
You must ride on or astride a bicycle seat (La. R.S. 32:195(A));
You must always have at least one hand on the handlebars (La. R.S. 32:195(C));
With some exceptions, you must ride as near as possible to the far right side of the roadway (La. R.S. 32:197(A));
You cannot attach yourself or your bike to any vehicles on the road (La. R.S. 32:196);
You cannot have more people on your bike than what it is designed to hold (La. R.S. 32:195(B));
You cannot have more than two bide riders side-by-side, except on a bike path or designated bike lane (La. R.S. 32:197(C)); and
You cannot ride your bike on the interstate (La. R.S. 32:263(C)).
Subject to some limited exceptions, bike riders also have to follow the traffic laws that apply to vehicle drivers.   La. R.S. 32:194.
4. Understand Your Rights Under The Louisiana Bicycle Laws
Generally, bicycle riders have all of the same rights granted to vehicle drivers.  La. R.S. 32:194. However, unlike motor vehicles, you may ride your bike on the shoulder of a roadway.  La. R.S. 32:197(D).
Though you must generally ride as near as possible to the right side of a roadway, you do not have to do so: when passing a bicycle or motor vehicle traveling in the same direction, when preparing for a left turn, when approaching an intersection where a right turn is permitted, and when certain unsafe conditions prevent it (such as surface hazards, animals, narrow lanes, etc.).   La. R.S. 32:197(A)(1)-(4).
5. Understand How The Louisiana Bicycle Laws Protect Bike Riders
The Colin Goodier Protection Act (La. R.S. 32:76.1) provides the most protection to bicycle riders.  This Act requires vehicle drivers to “exercise due care when passing,” “leave a safe distance between the motor vehicle and bicycle of not less than three feet,” and “maintain that distance until safely past the bicycle traveling the same direction.”  Drivers are also prohibited from passing bike riders in no-passing zones except “when it is safe to do so.”
As a further protection to bike riders, motor vehicle drivers are generally prohibited from operating their vehicles in bike lanes.  La. R.S. 32:203.   But, there are some situations (preparing for a turn, entering or leaving a parking place, entering or leaving the road, or emergencies) where they are allowed to drive in bike lanes.
It is also illegal to harass, taunt, or maliciously throw objects at bike riders.  La. R.S. 32:201(A).
Violations of these rules by a motorist can provide evidence that the vehicle operator was negligent and responsible for any injuries suffered by a bike rider.
New Orleans Bicycle Accident Attorney
Bicycle riders should feel comfortable knowing that the Louisiana bicycle laws protect them and attempt to keep them safe from harm. In addition to the Louisiana bicycle laws, riders should also look at the local bicycle laws because they may provide additional protections and may impose extra requirements.
Even with all of these laws, accidents still happen.
If you have been involved in a bicycle accident in Louisiana, call me, a New Orleans personal injury attorney, at (504) 564-7342 so we can talk about what happened.  The Mahone Firm understands the laws that cover Louisiana bicycle riders and is here to help.
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themahonefirm-blog · 5 years
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An Attentive Offshore Injury Attorney
Have you been hurt offshore?
If you’ve been hurt while working offshore, the first thing that you should do is contact Mike Mahone, a Louisiana offshore injury attorney. Working offshore is important and satisfying work, but we all know it can be dangerous. Offshore and maritime injuries happen when companies don’t take the time to maintain equipment, properly train employees, or keep premises free of hazards. Unfortunately, offshore workers are frequently injured all along the Gulf Coast and the Mississippi River while working on platforms, tugboats, shrimp boats, barges, trawlers, crew boats, jack-up rigs, and other vessels.
Preventable injuries happen during diving operations, basket transfers, line handling, slip-and-falls, equipment failures, fires, vessel collisions, and explosions. Sadly, offshore and maritime accidents can often lead to critical injuries and even death.
But because offshore work is often dangerous, offshore and maritime workers are protected by powerful laws that provide them with ways to be compensated for their injuries:
JONES ACT CLAIMS: The Jones Act allows workers who qualify as “seamen” to pursue claims against their employers not available to most workers. Click here to learn more.
MAINTENANCE AND CURE CLAIMS: Seamen are also entitled to “maintenance” (payments for day-to-day living expenses) and “cure” (payments for medical expenses) from their employers. Click here to learn more.
UNSEAWORTHINESS CLAIMS: Seamen may also pursue unseaworthiness claims against the vessel owner or operator (even if the owner or operator wasn’t their employer) if a condition on the vessel causes injury. Click here to learn more.
LONGSHORE AND HARBOR WORKERS COMPENSATION ACT (LHWCA) CLAIMS: Even if an injured maritime worker does not qualify for a seaman status, he or she may still be able to pursue a claim for benefits (such as medical expenses, lost wages, and rehabilitation expenses) under the Longshore and Harbor Workers’ Compensation Act.  Click here to learn more.
MARITIME LAW CLAIMS: Maritime law protects people who are hurt while offshore, in addition to offshore workers. Click here to learn more.
Determining if a worker qualifies for seaman status or if he or she is entitled to compensation under the LHWCA can be complicated. Making matters even more complicated, an injured worker can still bring claims against third parties (such as equipment manufacturers) for his or her injuries. Because of these difficulties, you should always check with a Louisiana offshore injury lawyer to fully understand your rights.
Common Offshore Accidents
The maritime sector exposes offshore workers to a range of hazards, including:
Deck Accidents – poor safety conditions on the decks of vessels and sudden unexpected movements may cause workers to fall off ladders, slip on wet surfaces, or sustain injuries from moving heavy equipment, all of which can result in severe and debilitating injuries.
Oil Rig and Platform Injuries –complex equipment and inexperienced workers can pose risks for serious hazards to offshore workers and greatly raises the likelihood of an accident occurring on the job site.
Offshore Explosions and Fires –the risk of a fire or an explosion offshore is significant due to the combustible materials that are used in offshore operations and pressurized pipelines and other appurtenances found offshore.
Maritime injuries can be debilitating to victims. Workers who have experienced the devastating consequences of an explosion, a fire, or other accidents should seek the legal help of an offshore accident attorney.
A Worker’s Rights When Injured Offshore
When workers sustain injury from an accident, they may wonder what their rights are following the incident. If your employer is pushing injured employees for a quick return to work and trying to minimize liability in the accident, maritime workers can assert the following rights:
Independent Medical Care – Some companies persuade injured offshore employees to seek medical attention from employer-affiliated medical practitioners. These workers, however, have the legal right to go to a hospital or doctor of their choice.
Achieve a Full Recovery – A tactic used by employers, and is often seen in offshore injury cases, is pushing employees to go back to work as quickly as possible. Companies may put seriously injured workers on light duty or make them feel like they could lose their jobs if they don’t go back to their posts as soon as possible. These maritime employees have the legal right to recuperate and heal under the care and attention of a medical professional.
Obtain Legal Representation from an Offshore Injury Attorney–The rights of maritime workers are not limited to medical care. They can also seek the assistance of an offshore accident lawyer. Some employers may attempt to get their workers to admit fault or say yes to a quick settlement. Injured offshore employees have the right to hire a trusted offshore injury lawyer to step in and deal their company’s lawyers or other representatives. Rather than say anything, they can approach a trusted offshore injury lawyer for guidance on their situation.
Contact a New Orleans Offshore Accident Attorney
If you or a loved one have been injured while working offshore, contact Mike at The Mahone Firm or call (504) 564-7342 so can talk about your case with a Louisiana offshore injury lawyer and start working to get you compensated for your losses.
Visit the New Orleans offshore injury lawyer page of my website to learn more!
Or, click here for answers to some questions commonly asked of New Orleans personal injury attorneys.
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