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& Wilson, LLC Land & Soil Contamination : Vehicle Collisions : Personal Injury

Injured seaman sues in federal court over brain injury

A case recently filed in federal court in New Orleans highlights the risk of sustaining a brain injury in the course of his employment at sea. The lawsuit was filed on Jan. 2 by a seaman who claims that his employer was negligent after a serious maritime accident.

The man is suing his employer for their actions before and after an October 2010 accident. He is alleging that he sustained a brain injury in this accident.

Because the employee qualified as a seaman he was able to bring his claim under the Jones Act, a federal law that is designed to protect workers who are injured at sea. The Jones Act may allow victims of an injury to pursue compensation for their damages.

Victims of an injury caused by a maritime accident may be able to pursue claims for a variety of damages. In this case the plaintiff has asked for compensation for:

  • physical, mental and emotional pain and suffering
  • loss of wages
  • loss of future wage earning capacity
  • physical disability
  • medical expenses
  • maintenance and cure benefits\
  • punitive damages, which are meant to punish improper conduct by a defendant
  • interest
  • court costs, such as attorney and filing fees

Maritime injury claims can be complex because there are multiple state and federal laws that apply to different situations. In addition to the Jones Act, for example, the Longshore and Harbor Workers' Compensation Act and the Death on the High Seas Act govern some injury and fatality claims.

If you have been injured in an accident at sea, it is important to work with a personal injury attorney with experience in workplace injury matters. Consider contacting someone who can help you determine the appropriate course of action and steer you through your case for the best possible result.

Source: The Louisiana Record, "Seaman claims accident caused brain injury in suit against employer," Jan. 14, 2013

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