Offshore accidents can turn your life upside down in an instant. When working on an oil rig, cargo ship, or any other vessel at sea, injuries can be severe, and getting help can be challenging.
That’s where an offshore accident lawyer comes in. These legal professionals specialize in helping workers hurt in maritime incidents get the compensation they deserve.
If you’ve been hurt offshore, these lawyers can help you navigate the legal process and deal with insurance companies. They’ll also ensure you file a proper accident report and guide you through every step of your claim.
What is an Offshore Accident Lawyer?
An offshore accident lawyer is a legal professional who specializes in maritime law and advocates for workers injured in offshore incidents.
They’re well-versed in the unique risks maritime workers face in various fields, including shipyards, marine terminals, fishing, and marine transportation.
These attorneys understand the laws and tricks used by these big companies and can help you get fair compensation for any economic damages caused by an offshore accident.
Types of Offshore Accidents Handled
Offshore accident lawyers handle a wide range of incidents that can occur in maritime environments. These accidents often result in severe injuries, fatalities, and significant property damage. Here are some common types of offshore accidents:
- Oil rig accidents
Oil rig accidents are among the most dangerous in the offshore industry. These incidents can involve catastrophic explosions and fires.
Equipment failures, such as malfunctioning drilling machinery or safety devices, pose significant risks.
- Vessel collisions
Collisions between ships can cause severe damage and injuries. These accidents often result from failure to follow navigation rules, inadequate vessel communication, or operator inexperience.
Severe weather, equipment failure, and reckless operation can also contribute to collisions. The aftermath can include explosions, fires, and drownings.
- Falls and equipment failures
Falls are a major hazard on offshore platforms due to multiple levels and slippery surfaces. Workers can suffer serious injuries from falling from heights or into the sea.
Equipment failures, such as malfunctioning cranes or drilling equipment, can lead to crushing injuries or amputations. These accidents often stem from inadequate maintenance, manufacturing defects, or improper training.
- Explosions and fires
Given highly flammable materials like crude oil and natural gas, explosions and fires are constant threats on offshore rigs. These incidents can result from gas leaks, equipment malfunctions, or human error.
The consequences are often devastating, causing severe burns, respiratory issues, and long-lasting health problems for workers.
Legal Framework for Offshore Accident Cases
- Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that protects seamen injured on the job. To qualify under this act, you must spend more than 30% of your time on a vessel in navigation.
The Jones Act covers various accidents, including offshore drilling rig incidents, personnel basket transfers, and slips and falls.
It gives you the right to sue your employer for negligence, placing a higher burden of proof on the employer than in typical workers’ compensation cases.
2 Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers maritime workers not protected by the Jones Act, including longshoremen, shipbuilders, and harbor workers.
You’re eligible for benefits if you’re injured on navigable waters or in adjoining areas like loading zones or shipyards.
These benefits include partial wage compensation, medical bill coverage, and vocational rehabilitation assistance. The LHWCA also provides survivor benefits if a worker dies due to a job-related injury.
- Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCSLA) extends LHWCA coverage to workers on offshore platforms and drilling rigs. It applies to submerged lands outside state jurisdiction but under federal control.
If you’re injured while working on the outer continental shelf, you can receive compensation for medical costs, lost wages, and disability. The laws of the closest adjacent state determine the statute of limitations for OCSLA claims.
Steps to Take After an Offshore Accident
- Reporting the incident
After an offshore accident, you must report your injury within 30 days. If you’re seriously injured, your maritime attorney can handle the reporting process, ensuring it’s done on time. Remember, reporting your injury isn’t the same as filing a compensation claim.
- Seeking medical attention
Get immediate medical care after an accident. If you’re able, insist on prompt medical attention. Professional treatment documents your injury and provides an expert assessment of its severity. The documentation will come in handy for your case.
- Documenting evidence
Write down everything you remember about the accident. Create a detailed timeline of events before, during, and after the incident.
Keep a journal or planner to record the dates, times, and details of phone calls, meetings, and medical appointments. Also, save all electronic correspondence related to your case.
- Contacting a lawyer
Start pursuing your claim by hiring an offshore injury lawyer. They can help you file your injury report and compensation claim.
You have a year from the accident date to file your claim. An experienced attorney can navigate complex maritime laws and ensure you meet all deadlines.
Common Defenses in Offshore Accident Cases
- Contributory Negligence
When you file an offshore accident claim, the defendant might argue that you contributed to your injury. This defense suggests that your actions or carelessness played a role in the incident.
For example, if you ignored safety protocols or acted recklessly, it could impact your case. However, in most states, you can still seek compensation if you’re less than 50% responsible for the accident.
- Assumption of Risk
Employers often claim that you knew the risks of your job when you started working offshore. This defense implies that you assume the inherent dangers by accepting the job.
However, this doesn’t give employers immunity from liability. To use this defense, they must prove you were aware of the specific risk that caused your injury and voluntarily accepted it.
- Statute of Limitations
There’s a time limit for filing offshore accident claims. Under the Jones Act, you typically have three years from the incident date to file a lawsuit.
You usually have one year for claims under the Longshore and Harbor Workers’ Compensation Act. Missing these deadlines can result in losing your right to compensation, so acting promptly is important.
Conclusion
Offshore accident lawyers help maritime workers get justice after injuries at sea. These legal experts deeply understand complex laws and can guide injured workers through every step of the legal process.
Their know-how greatly impacts securing fair compensation, especially when dealing with tricky insurance companies or employers trying to settle quickly.
If you’ve been hurt in an offshore accident, it’s key to act fast. Reporting the incident, getting medical care, and reaching out to a skilled offshore accident lawyer are essential steps.
These actions can make a huge difference in the outcome of your case. With the right legal support, you can focus on your recovery while your attorney fights to protect your rights and get you the compensation you deserve.
