The coastal waters of Louisiana play host to thousands of commercial fishing boats, ships, barges, oil rigs, and jack-up boats. Because of multiple port cities, Louisiana workers fill up hundreds of thousands of offshore job vacancies.
The offshore industry is unique. Offshore workers work in an extremely hazardous environment, doing dangerous work.
Professional medical treatment from doctors and hospitals is unavailable. Trained first responders can only provide the needed assistance. Coast Guard response or helicopter evacuation is probably the best case scenario; unfortunately, it’s not efficient.
The fatality rate in the offshore oil and gas industry is 7 times higher than any other industry in the United States. As the offshore industry is officially the most dangerous industry in the country, it’s not surprising that offshore oil and gas workers suffer from life-changing injuries. Accidents inevitably accompany offshore work..
The cause, scale, and severity of the accidents may vary. Equipment failure, human error, and environmental/weather conditions are some of the main causes of offshore accidents. Exposure to caustic chemicals, pressurized equipment, and flammable/explosive substances comprise the everyday offshore environment.
Offshore rig workers work for 12 hours a day, with seven, fourteen, and even twenty eight-day-long schedules. They eat, sleep, work, and live in danger.
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The fatality rate in the offshore oil and gas industry is 7x higher than any other industry in the United States.
Offshore accidents have the potential to cause severe injuries or even death. Offshore injury cases are governed by specific maritime laws that are different from those applicable to the standard land accidents. Maritime law or admiralty laws are laws and regulations that govern offshore activities in navigable waters or the open sea. These laws usually involve two categories – Maintenance and Cure and The Jones Act. They both center on providing living expenses, medical care, and lost wages to the seamen injured while working offshore. An offshore accident lawyer with Clay Burgess will explain the maritime laws in detail.
Maintenance & cure is a general maritime law. If you are hurt while working at sea, you are eligible for the benefits, no matter who is at fault. Maintenance & cure involves benefits that an injured seaman receives from an employer during their recovery.
These benefits include expenses such as rent, utilities, food and medical costs. You are eligible to receive this payment until you reach Maximum Medical Improvement (MMI). The term MMI means full medical recovery with the approval of a physician to return to work.
Maintenance & cure also applies to sickness. If you become ill with a disabling illness or medical condition, you are eligible to avail the benefits constituting maintenance & cure until you reach MMI. You can claim these benefits even if your condition is not work-related.
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal legislation that protects American workers injured at sea. It gives qualified seamen (or the surviving spouse/dependents) the right to file a lawsuit against their employer when the negligence of the crew members or the ship owner leads to an accident or death.
The damages covered under the Jones Act include medical expenses, pain and suffering, loss of wages, and funeral expenses.
The Jones Act has multiple stipulations and requirements. Basically, you must be able to prove there was negligence on the part of your employer.
There is a statute of limitations of 3 years to file a claim under the Jones Act. So, it is important to contact a lawyer as soon as possible.
If you sustain an injury due to an offshore accident and are unsure whether you qualify for the benefits, contact a New Orleans, Louisiana lawyer with experience in maritime law to evaluate your case.
An offshore accident attorney in New Orleans at the Law Offices of L. Clayton Burgess have the needed expertise to get you the compensation you deserve. Personal injury consultations are always free. Contact us today to schedule a meeting with a maritime attorney. Our New Orleans, Louisiana lawyers operate on a no win/no fee basis. If we don’t recover the damages in your case, you need not bear any cost.
The lawyers at the Law Offices of L. Clayton Burgess have the expertise needed to get you the compensation you deserve. Personal injury consultations are always free. Contact us today to schedule a meeting with a maritime attorney. Our New Orleans, Louisiana lawyers operate on a no win/no fee basis. If we don’t recover damages on your case there is no cost to you.