Employment is often at the center of most Louisianan's livelihood. Individuals look forward to working, particularly if their employment offers them the ability to sustain and maintain their lifestyles. Of course, the foundation of an individual's livelihood can all too often be shaken up by an accident. An accident can make working impossible or cause an indefinite delay in income.
This is what happened to one Louisiana seaman in a recent boating accident. The man works aboard a vessel for Tidewater Marine LLC. He claims that he suffered an on-board injury in the summer of 2012. Specifically, he alleges serious injuries to his back, among other body parts. The man further argues that his injuries are so bad that they have made him unfit to return to the water.
As a result, the employee injured in the boat accident decided to file a lawsuit against his employer. He asserts negligence claims, arguing that his employer failed in a number of respects such as breaching its duty of care, not providing a safe workplace, and not properly maintaining the vessel. The man seeks damages to recover for his bodily injury as well as lost wages.
Pursuant to Louisiana law, a plaintiff can recover a host of economic damages that arise from accidents and injuries. The main form of damages is general damages. These include common expenses like those associated with the pain suffered and the loss of enjoyment of life.
A plaintiff can also recover damages associated with his livelihood, including lost wages and lost earning capacity. Lost wages include the money that a plaintiff would have earned from the time of the injury to the resolution of the lawsuit. In contrast, lost earning damages concern the future. A plaintiff must prove that his ability to earn money has been impaired. Several factors come into consideration such as age, occupation, skill, experience and training.
While an accident can be devastating, it does not have to be completely debilitating. There are solutions, like damage recovery, that can offer plaintiffs peace of mind that their lives can remain stable.
Source: Louisiana Record, "Seamen sues employer after marine accident," Eliza Walker, Dec. 13, 2013