Every Company must Have an Offshore Accident Lawyer for the welfare of employees working at sea

By Buslinks 16 Jun, 2021 Post a Comment

The accident itself is just the beginning of what can be a very long process of filing an insurance claim, determining the fault, and most importantly, getting the coverage they need to move on with their lives. Having to take out both insurance and legal companies to get what you deserve from your accident can be very scary.

Types Claims Offshore accident lawyer

If you are a worker that is exposed to the perils of the sea and are injured while working, you may have a claim. To have a claim under the, you must be considered a seaman working aboard a vessel. every ship has an absolute obligation to provide a ship that is fit for navigating the sea. A seaman has certain rights that are protected . provides an injured seaman the right to recover for his or her losses that were suffered as the result of a work related injury. The damages an injured seaman is entitled to recover include, but are not limited to, his/her pain and suffering, past and future lost wages, disfigurement, mental anguish, and medical expenses. If you have been injured aboard a cruise ship, private boat, or while engaged in a water related activity you too may have a claim under general maritime law.

1. Jones Act Claim

The Jones Act stipulates that any seafarer who suffers personal injury in the course of his employment may, at his election, retain legal redress action, with the rights are tried by jury, and in such actions all United States laws modify or extend common law rights or remedies in cases of personal injury to railroads employees shall apply.In the case of the death of any seafarer as a result of such personal injury, the personal representative of such seaman may maintain an action for damages at law with the right to be tried by jury, and in such action all United States laws granting or providing for the right to sue for death in the case of a railroad employee shall apply. Jurisdiction in these acts is under the district court where the defendant's employer resides or where his head office is located.Jones Act Claim

Seamen are considered wards of the admiralty court and are to be protected. Accordingly, this act allows a seaman to file a suit to recover for their injuries that were caused by the negligent acts of their employer. Negligence of the employer is the basis of a Jones Act claim. An employer has a non-delegable duty to furnish a seaman with a safe place to work and has an absolute duty to furnish a seaworthy vessel. Since the Jones Act is remedial legislation that is to be liberally construed by the courts, it is a very effective way to recover for work-related injuries which can only be brought by seamen. will retain the necessary expert to demonstrate to the jury that your employer’s negligence caused your injuries. The most common Jones Act claim is one in which the negligent acts or actions of a co-worker causes another worker’s injuries. The violation of a safety statute or regulation may also allow a seaman to recover from his employer. Therefore, one or more experts specializing in Marine Vessel Operations, Coast Guard Safety Rules & Regulations, Safe Operating Practices, Navigation Rules and Regulations, Radar Use and Requirements, Collisions, Groundings, Sinkings, Offshore Safety Systems, and Blowout Prevention Equipment, among others, may be retained to help prove your case. Jones Act claims must be filed within three years of the date of injury. has worked as a deckhand – he knows what it is like to work on the water, and he knows what it takes to win your case and get you what are entitled to under the Jones Act.

2. Seaman

A seamanSeaman is a worker permanently assigned to a vessel. Vessels include, but are not limited to, crew boats, supply boats, ships, barges, tow/tug boats, tankers, submersible drilling barge, jack-up rig or movable drilling platform, floating casinos, spud barges, diving platform, and all other water craft or artificial contrivance used or capable of being used as a means of transportation on water. A sailor contributes to the functioning of the ship or the accomplishment of its mission. Tug boat workers, barge workers, cruise ship workers, fishermen, ferry boat workers, offshore platform and rig workers, and divers are examples of jobs held by seaman for purposes of recovery under the Jones Act. The worker (seaman) need only show that he or she does the vessel’s work. This requirement is very broad, encompassing all who are on water in service of the vessel

3. Unseaworthiness Claim

Seaman haveUnseaworthiness Claim the right to sue their employer and vessel owners for unseaworthiness. The test for an unseaworthy condition is whether the vessel and its equipment are reasonably fit for their intended purposes. An unseaworthiness claim requires a defective condition of the vessel and is related to the Jones Act. A defective condition not only includes gear or equipment in disrepair –such as a malfunctioning rachet– but also extends to unsafe conditions created when too few crew men are assigned to perform a particular task in a safe and prudent manner or stairs that lack rails or substances to prevent seaman from slipping. Unseaworthiness also includes, but is not limited to, improperly trained or incompetent crew or master, savage crewmen, and unsafe recreation areas.

To prove your unseaworthiness claim at trial, will retain a maritime/safety expert that will inspect the vessel, rig, or other water craft, testify at trial and hold the company or responsible party accountable for the injuries that have resulted because of the defective condition of the vessel. The accident investigation process includes failure analysis, accident reconstruction, macro/micro photography, site inspections, product and material failures, design, and review of safety practices among other accident assessment methodologies necessary to develop your case for trial.

4. Maintenance And Cure

An employer’s obligation to provide both maintenance and cure extends to the point of maximum recovery. The worker is entitled to recover maintenance and cure without showing that his injuries resulted from the negligent acts of another– it is a no-fault compensation entitlement to seaman. A seaman who is treated and released by the company’s doctor (a particular doctor or clinic that is selected by the company) is entitled to a second opinion by a doctor of his choice. Most times the company doctor’s initial observation and treatment does not involve the necessary and available use of diagnostic imaging that would detect a more serious injury such as a herniated disc. Because of the company doctor’s failure to use diagnostic imaging, many times an injured seaman is released with a serious underlying injury. An injured seaman who has been released by a company doctor but is still experiencing pain should always get a second opinion from a doctor of his choice

5. Offshore Oil Rig Injuries

Injured offshore oil rig workersOffshore Oil Rig Injuries (roustabouts, tool pushers, roughnecks, derrickmen, etc.) may satisfy the criteria for being a seaman and if so may file suit under the Jones Act. If he does not he is still protected under the Longshoremen’s and Harbor Workers’ Compensation Act. Whether you are a seaman or longshoreman, you have the right to recover for any injuries which occurred on offshore rigs or platforms. The Jones Act, Longshoremen’s, and Harbor Workers’ Compensation Act (LHWCA)are mutually exclusive forms of compensation injured workers. The LHWCA provides compensation benefits for the death or injury to individuals engaged in maritime employment. It is a no-fault worker's compensation program. This means the worker is entitled to recover certain benefits without showing that his injuries resulted from the negligent acts of another. Under the LHWCA the worker is entitled to receive medical expenses, rehabilitation, prejudgment interest, two-thirds of the worker's salary for as long as the disability or injury persists. We investigate and litigate cases involving serious personal injuries, blowouts, fires and explosions, product and material failures, as well as injuries caused by negligent or improperly trained co-workers, defective equipment, and/or unsafe working conditions aboard the rig or platform.

We also investigate personal injury claims that occur on piers, docks, dry docks, various barges, dredges, and derricks and waterways though out Louisiana, Texas, and Mississippi.

6. Death On The High Seas Act

Whenever the deathDeath On The High Seas Act of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league (three miles) from the shore of any State, the District of Columbia, the Territories, or the dependencies of the United States, a seaman’s family may file a suit for damages in the district courts of the United States for the exclusive benefit of the decedent's wife, husband, parent, child, or dependent relative against the vessel, person, or corporation which would have been liable if death had not occurred. The recovery shall be a fair and just compensation for the monetary loss suffered by the family members for whose benefit the suit is brought. Death on the High Seas Act may also apply to helicopter, airplane, and other aircraft disasters at sea.

7. Recovery Under Maritime Law

Over the years, maritime regulations have advanced through unusual regulations and diverse courtroom options. Currently, legal guidelines provide definite benefits and protections for maritime communities. Some of the extra major developments in the regulation include the duty of shipowners to provide seaworthy ships, in addition to care and maintenance.

The seaworthiness of a ship refers to the obligation that owners must have to properly hold and equip their ship. If an offshore worker or any other type of seafarer is injured or becomes unwell because the vessel is deemed unseaworthy, the owner of that vessel may be held legally liable for the worker's losses. If you accept as a matter of fact that you have suffered damage or contamination due to the unfitness of the vessel, let Lipcon, Margulies & Winkleman, P.A. Lawyers help you protect your rights

8. The Longshore and Harbor Workers’ Compensation Act (LHWCA)

The Longshore and Port Workers' Compensation Act provides certain protections to workers with respect to work-related injuries and occupational diseases. More specifically, the law provides medical care and compensation to those who are disabled by injuries incurred while in US navigable waters or adjacent areas used to unload, load, repair, and build certain types of ships.

Some of the workers covered by the Act include port workers, port workers, shipbuilders, ship breakers and ship repairmen. Seafarers covered by the Jones Act are not covered by the LHWCA. Compensation for civil servants can also be an alternative.

List Offshore accident lawyer :

If you have been injured on the water and would like a free consultation with 5 List Offshore accident lawyer, a lawyer that has extensive experience in litigating maritime claims

1. Wright & Gray

Maritime law is complicated. Some accident claims fall under common maritime law, while others are filed under the Jones Act or the Longshore and Harbor Workers' Compensation Act. It is important that you work with a lawyer who knows the law and is experienced in handling all types of maritime law claims. We'll take the time to hear your side of the story, identify your goals, and tell you about your rights. Our team will identify effective strategies to pursue and ensure that you have the information you need to make an intelligent decision about your situation.

2. Simmons and Fletcher, P.C

Offshore accident is a term that applies to any time of unintentional injury occurring to any type of vessel at Sea. Such incidents can occur on ships, offshore platforms, on docks, or on helicopters transporting crew to and from land. It is important that you hire a Houston offshore accident attorney who will thoroughly investigate the claim to determine who is responsible and what laws apply. Contact Simmons and Fletcher, P.C. for consultation regarding your offshore injury claim. We work on a contingency fee basis so you pay no upfront and no attorney fees unless we make a recovery in your case

3. FVF Law Firm

Working abroad can be fun, but it can also be dangerous. Accidents and injuries are frequent and sometimes fatal. Offshore workers can sustain severe injuries caused by hazardous conditions offshore, crewed vessels, jack-up rigs, and tankers, and at sea itself. Workers are often inadequately trained and work long hours with little rest, making the risk of injury even higher.

4. Mahone Firm

Offshore and maritime injuries occur when companies do not take the time to: • maintain equipment • properly train employees • or keep premises free from hazards. Unfortunately, offshore workers are frequently injured 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 occur during diving operations, basket transfers, line handling, slips and falls, equipment failures, fires, ship collisions, and explosions. Unfortunately, offshore and marine accidents can often result in critical injury and even death.

5. Morrow & Sheppard LLP

our company is ready to help you or your loved ones. Our offshore injury attorneys are privileged to assist injured workers and crew across the country. Our attorneys at Morrow & Sheppard LLP focus on offshore accidents that occur in the Gulf of Mexico, but we treat serious injury cases at sea and offshore across the country. In fact, we have dealt with serious personal injury and unnatural deaths arising from accidents around the world, including the Middle East and Africa

(Last Update : 18 November 2020)

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