oil rig injury and jones act claim lawyer for offshore injury settlements
Maritime and offshore platform injury law is very specialized and complex. The level of effort and expertise needed to successfully prosecute a personal injury case under the Jones Act or Maritime Law is something only an experienced, committed maritime or platform injury attorney can provide.
Under a federal law known as the Jones Act (46 U.S.C. §688), a worker who is a member of a crew of either traditional or non-traditional vessels, such as floating and drilling rigs and spud barges, has a right to assert a claim for personal injury damages arising from a negligent act by his employer or co-workers.
Under the Jones Act, injured crew members and seamen can recover damages for personal injuries, including pain and suffering, disability, and loss of enjoyment of life. If employer negligence played any part in causing the injury, that employer is liable for the injuries.
Individuals injured while being transported to and from offshore facilities also have rights under maritime law. If they are injured through a wrongful or negligent act of the vessel, they may prosecute a claim with Louisiana personal injury attorneys under Section 905 (b) of a federal law known as the Longshore and Harbor Workers’ Compensation Act.
This law allows individuals to assert claims for full damages, even while receiving workers compensation and medical benefits from their employers. As experienced Louisiana offshore injury attorneys, we can assist with these personal injury claims.
According to the U.S. Supreme Court, the law of the adjoining state governs workers injured while working on a fixed offshore platform that is attached to the ocean bottom. Therefore, offshore platforms and tension-leg platforms located off the coast of Louisiana are considered artificial islands governed by Louisiana law.
Under federal and state law, an injured worker has a right to assert a claim against an individual or company other than his or her employer provided that they are guilty of negligence and at fault in causing the injuries.
WHAT LAWS APPLY TO MARITIME AND OFFSHORE INJURIES?
What’s so significant about about an individual who is injured offshore, is that they have to be able to speak to an attorney that has the knowledge and the background to be able to assist them. Now, a lot of lawyers might say they have that ability that background but a lot of them do not. As you probably well know, if you’re injured offshore and you’re significantly injured, you’re probably not going to be able to go back to work offshore because the oil industry will just blackball you. It depends on the type of accident that a person has as to the law that’s going to apply to that person’s accident. For instance, you might be injured offshore and fall under The Jones Act, The Longshoremen Benefit Act, or you could actually fall under the State Workmen’s Compensation Act or it could be a Maritime Tropical, which is basically a combination of both.
The recovery under these particular acts or statutes is complex and a lot of it depends on the facts involved. That’s why you need to choose an experienced lawyer or a good law firm that can review these facts and understand the differences between the various laws that apply to your injury and get you the best result.