Offshore Accidents & Injury

A: Most accidents that occur under maritime jurisdiction are work related, and most cases heard in Louisiana courts involve offshore oil rigs and international commerce. On these rigs and working with heavy machinery, there are various things that can go wrong at any time. Cable snaps, equipment malfunctions, explosions, chemical exposure, helicopter accidents, maintenance related neglect, slip-and-fall accidents, and more can all occur. An injured seaman has the right to file a lawsuit if a suspicion of negligence is present. It may be difficult to receive compensation for injuries in the absence of a lawsuit filed under maritime law, so you need an experienced maritime injury attorney to have your back.

A: The Jones Act provides those who work offshore with the same statute that protects workers onshore, the Federal Employer’s Liability Act (FELA). It allows them to file legal action against employers and receive damages for negligent actions. It also provides plaintiffs with the right to a jury trial, which is normally not allowed under general maritime law. Regardless of liability, the act also provides for some medical and living expenses to be paid to injured seamen. It should be noted that there is a three-year statute of limitations that applies to Jones Act cases, and any claims that have not been filed within this time frame cannot be considered under the Jones Act.

A: Those who work as longshoreman and in shipyards have rights under the Longshoreman and Harbor Workers’ Compensation Act (LHWCA). It provides several types of benefits for longshoremen who are injured and provides compensation for a deceased longshoreman’s family. Maritime workers who are covered under this act include anyone who works in direct association with maritime activities who is not covered by state worker’s compensation law. The act also provides for occupational diseases that may be contracted while at work. An injured worker under the Longshoreman & Harbor Workers’ Compensation Act has a deadline of 30 days to notify employers about the injury and one year from the date of the injury or diagnosis to claim benefits through the LHWCA.