The demand for personal injury attorneys, including those specializing in offshore accidents, is high in the US [1].
Offshore injury lawyers play a crucial role in assisting individuals who have been injured while working on offshore platforms, vessels, or in other maritime settings [1].
These specialized attorneys have a deep understanding of the unique laws and regulations that govern offshore accidents and injuries [1].
This article will delve into the world of offshore injury law, exploring the role of offshore accident lawyers, key maritime laws, common types of offshore accidents and injuries, and the steps to take when choosing the right offshore injury lawyer for your case [1].
By the end of this article, readers will have a better understanding of how to navigate the complex legal landscape surrounding offshore accidents and injuries [1].
Introduction Maritime Law
Maritime law, also known as admiralty law, governs legal disputes and issues related to navigable waters [1].
It covers a wide range of regulations and rules including shipping, cargo, maritime injuries, passenger transportation, goods transportation, accidents, and personal injuries [2].
Federal courts have jurisdiction over all maritime laws and claim matters under Title 28, § 1333 [3] [10].
Maritime law separates the type of damages maritime workers can claim according to who was injured, where the injury took place, and the circumstances surrounding the injury [4]. Some key aspects of maritime law include:
- Maintenance and Cure: Seamen injured during work are generally entitled to maintenance and cure benefits, regardless of how or when the accident happened, as long as it happened while the seaman was working [5].
- The Jones Act: Seamen seeking benefits under the Jones Act must prove that their injuries are a result of negligence by another party and that the injuries happened while at work [6].
- Longshore and Harbor Workers’ Compensation Act (LHWCA): This workers’ compensation program provides benefits to workers who are injured while working on navigable waters or on and around adjoining areas of navigable waters [7].
- Death on High Seas Act (DOHSA): This Act applies to any maritime accident that happens more than three miles away from the shores of the United States and its territories [8].
- Passenger Personal Injury: Maritime law also covers passengers aboard cruise ships and other vessels who are injured while out to sea [9].
Maritime law applies to navigable waters, which include the high seas, harbors, bays, inlets, and rivers that run between states [11].
The territorial waters offshore of a country used to be limited to 3 nautical miles, but since a 1982 international treaty, this distance has been extended to 12 nautical miles [12].
State waters are limited to 3 nautical miles [13]. Maritime law covers a wide range of claims, including shipping accidents, oil spills, injured seamen or passengers, criminal activity, piracy, salvage of a boat, towage contracts, liens and mortgages on a ship, and insurance issues [14].
Certain maritime claims can only be tried in federal court, such as those seeking to enforce mortgages or liens, or those seeking to partition ownership of a vessel [15].
The flag the ship is flying determines the law applied to the ship and crew [16].
The Role of an Offshore Accident Lawyer
Personal injury lawyers represent victims seeking compensation for physical or psychological injuries and financial loss due to another party’s negligent or careless actions.
They handle cases involving car accidents, workplace accidents, medical malpractice, and more. An offshore accident lawyer specializes in helping offshore injury victims receive the compensation they deserve [3].
These lawyers provide legal advice and representation regarding:
- Medical expenses
- Lost wages
- Pain and suffering resulting from offshore accidents [3]
Offshore accident lawyers help determine eligibility for benefits under the Jones Act, which provides protections for seamen and holds employers liable for maintaining a reasonably safe work environment [9].
The Jones Act applies to seamen who spend most of their time working on a vessel in navigation [9]. Factors impacting the value of an offshore accident settlement include:
- Severity of the injury
- Need for surgery
- Medical expenses
- Long-term health issues
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Mental health care
- Disfigurement
- Vocational rehabilitation
- Long-term care
- Living expenses [3]
Offshore accident victims should contact an offshore accident lawyer as soon as possible, ideally before speaking with any insurance companies or lawyers representing the oil company [3].
It is crucial to find an attorney with significant experience handling offshore cases due to the complexities of maritime law, rather than focusing on proximity to the victim [3].
Offshore accident lawyers help clients identify negligence contributing to their injuries and fight for compensation to cover medical expenses, lost wages, vocational rehabilitation, loss of earning capacity, and non-economic damages such as emotional pain and suffering [9].
Even if an individual does not qualify as a seaman under the Jones Act, other laws such as the Outer Continental Shelf Lands Act, Longshore and Harbor Workers’ Compensation Act, and Death on the High Seas Act may apply [9].
Key Maritime Laws in Offshore Accident Cases
Maritime law provides several key protections and avenues for compensation for offshore workers who are injured on the job:
- Maintenance and Cure: This common law right entitles seamen to daily living expenses (maintenance) and medical expenses (cure) during their recovery, regardless of how or when the accident occurred [1].
- The Jones Act: Injured seamen can sue their employers for financial compensation if the injury was caused by employer negligence or unseaworthiness of the vessel [11]. The Jones Act protects offshore workers, allowing them to file a lawsuit against their employer for damages if they are injured [6]. The statute of limitations under the Jones Act is three years [13].
- Longshore and Harbor Workers’ Compensation Act (LHWCA): This act provides compensation to workers who are injured while working on navigable waters or on and around adjoining areas [1]. It covers longshore workers, harbor workers, shipbreakers, and ship mechanics [1]. Injured employees are eligible to receive 66 2/3 percent of their weekly wages for as long as they are recovering [1].
Other important maritime laws that may apply in offshore accident cases include:
- Death on High Seas Act (DOHSA): Applies to maritime accidents that happen more than three miles away from U.S. shores and territories, providing recovery damages for the death of a maritime worker caused by negligence [1].
- Passenger Personal Injury: Covers passengers aboard cruise ships and other vessels who are injured while out to sea due to the shipowner’s or crew’s negligence [1].
- Outer Continental Shelf Lands Act: Along with the Jones Act, LHWCA, and the doctrine of Maintenance and Cure, this act protects offshore workers and provides compensation in the event of an injury [14].
Offshore accident lawyers help determine eligibility for benefits under these various maritime laws, ensuring that injured workers receive the compensation they deserve [9].
Common Types of Offshore Accidents and Injuries
Offshore workers face a variety of hazards that can lead to serious accidents and injuries. Some of the most common types of offshore accidents include:
- Slip and Fall Injuries: Caused by wet surfaces, oil spills, or slippery decking, these accidents account for 6-12% of reported injuries and can result in brain injuries, broken bones, or spinal cord trauma [15] [16].
- Lifting Injuries: Improper lifting techniques or lifting heavy objects can cause back injuries, which are the most common type of injury, accounting for as many as 28% of reported injuries [15] [16].
- Struck by an Object: Workers hit by equipment or falling objects can suffer damage to the back, neck, or head, with these incidents accounting for as many as 37% of reported accidents [16].
- Caught in Machinery or Equipment: Workers trapped between two pieces of equipment can suffer permanent injuries or even fall overboard [16].
- Explosion and Fire Injuries: Caused by flammable materials, these accidents account for 8% of maritime accidents [16].
Other common offshore injuries include:
- Suffocation, asphyxiation, or chemical inhalation caused by toxic chemicals, accounting for about 15% of maritime accidents [16]
- Repetitive motion injuries, also accounting for about 15% of maritime accidents [16]
- Burn injuries caused by fire, chemicals, or electricity, accounting for 3-5% of onboard injuries [17]
- Toxic chemical exposure, which can cause work-related illnesses, injuries, and even wrongful death [18]
- Transportation-related incidents, the top cause of fatalities in the offshore oil and gas industry [18]
Offshore accidents can occur on various types of vessels, such as commercial fishing boats, cruise ships, oil tankers, cargo ships, barges, oil rigs and platforms, drill ships, crab boats, shrimp boats, and tugboats [3] [14].
These accidents often result in severe injuries, including spinal cord injuries, burns, head and brain injuries, PTSD, concussions, electrocution, fractures, amputations, and loss of limbs [3] [14].
Choosing the Right Offshore Accident Lawyer
When choosing an attorney for offshore injuries, it is crucial to find someone who works for the injured party rather than insurance companies [22].
It is essential to ensure the attorney is familiar with offshore injuries and maritime law, which often differs from state-specific personal injury statutes [22].
Experience and a proven track record of success are crucial indicators of a competent lawyer [23].
A maritime lawyer with years of experience will likely have dealt with a variety of cases similar to yours and will have a thorough understanding of the laws and regulations related to your specific situation [23].
Consider the following factors when selecting an offshore accident lawyer:
- Specialization: Look for a specialist who dedicates their practice to maritime law or personal injury law with a focus on offshore accidents [34].
- Trial Experience: Ensure your potential lawyer is not just willing but prepared to take your case to court if necessary [34].
- Firm Size: Consider the size of the law firm. While larger firms may have resources, they often handle a high volume of cases, which could mean less personalized attention for you [34].
- Reputation: Reputation plays a significant role in choosing the right lawyer. Look for professionals who are respected by peers, insurance companies, and judges alike [34].
- Communication: Clear, timely, and open communication is essential when selecting an attorney [23]. Discuss the litigation process, settlement likelihood, and factors affecting case value with the lawyer [33].
- Fee Structure: Understand the lawyer’s fee structure before proceeding. Some lawyers operate on a contingency basis, while others might charge upfront fees [23].
- Personal Comfort: Trust your instincts. You should feel comfortable discussing your case with your lawyer [23].
When looking for a reputable offshore accident lawyer in the USA, consider the following steps:
- Get recommendations for offshore accident attorneys [31].
- Find an offshore accident attorney who understands maritime law and the Jones Act [31].
- Look for a law firm with a proven track record of success in maritime law and offshore injury cases [30].
- Choose a firm that has won significant settlements and verdicts for their clients, demonstrating their ability to hold at-fault parties accountable [30].
- Select a firm with experience representing a large number of clients in major maritime disasters, showcasing their expertise and dedication [30].
- Consider a firm that has helped shape and change maritime law, indicating their deep understanding and influence in the field [30].
- Research the lawyer’s track record, including the number of cases handled and outcomes [33].
- Read online reviews to understand the lawyer’s strengths and weaknesses [33].
Steps to Take Following an Offshore Accident
After an offshore accident, it’s crucial to take the following steps to ensure your safety and protect your legal rights:
- Seek immediate medical attention for any injuries sustained [5] [7] [8] [26] [27]. Demand the medical care of your choice [7].
- Activate emergency response procedures, including:
-
- Locking down equipment
- Shutting off power or fuel supplies
- Calling the appropriate emergency authority
- Finding firefighting or medical/first-aid equipment [35]
- Assess the situation for unsafe conditions, such as:
-
- Active fires
- Explosion risks
- Slippery areas
- Broken safety equipment
- Toxic chemicals or dangerous gases
- Dangerous weather conditions [35]
- Provide medical attention to injured workers, using first-aid or CPR training if available, and stay with injured people to keep them calm [35].
- Secure the accident area to prevent further damage or injuries [35].
- Inform your employer about the injury as soon as possible, preferably in writing [5] [8] [9]. Notify your immediate supervisor or employer about the injury [8].
- Make a record of the incident [7]. Compile all information, including photos, contact information of witnesses, and any related documents [8] [10]. Document a complete timeline of events [36].
- Refrain from speaking about the specifics of the incident with anyone other than your lawyer or signing any documents presented by your employer without legal advice [5] [8].
- Initiate incident reporting and investigation, focusing on:
-
- The cause of the accident
- Injuries suffered
- Medical treatment and expenses
- Any relevant details [35]
- Implement corrective actions and proper safety measures to prevent future accidents [35].
Remember, maritime workers have rights, and while workers’ comp typically covers offshore injuries, insurance companies often offer low settlements that fail to cover all your expenses [20].
If your employer, a subcontractor, or a machine manufacturer’s negligence caused your injury, you could be entitled to compensation for lost wages, pain and suffering, medical bills, and loss of earning capacity [20] [14] [30].
Working with an experienced offshore accident lawyer ensures fair treatment and maximizes your compensation [3] [30].
Conclusion
Navigating the complex world of offshore accidents and injuries can be a daunting task for those unfamiliar with maritime law.
However, understanding your rights as an offshore worker and knowing when to seek the assistance of a specialized offshore injury lawyer can make all the difference in receiving fair compensation for your suffering.
By familiarizing yourself with key maritime laws, recognizing common types of offshore accidents, and following the necessary steps after an incident, you can protect your well-being and legal interests.
When the time comes to choose an offshore accident lawyer, it is essential to prioritize experience, reputation, and a deep understanding of maritime law.
With the right legal representation by your side, you can focus on your recovery while your attorney fights for the compensation you deserve.
Remember, you have rights as an offshore worker, and seeking justice for your injuries is a critical step in moving forward after an accident.