Offshore injuries usually fall under maritime or admiralty law. Claims and lawsuits for these injuries are usually brought pursuant to the Jones Act. To recover under the Jones Act, an injured worker must establish that he/she was injured while in the service of a vessel or identifiable fleet of vessels and that he/she met the "Jones Act seaman status" while assigned to the vessel(s). Considerations that determine "vessel" status include such things as whether there is a crew, crew quarters, navigational equipment, Coast Guard registration, and lifeboats. Common types of vessels which qualify as a vessel are barges, tug/push boats, supply boats, dredge barges, and ships. While it is required for a vessel to be capable of transportation over navigable waters, it is not required for transportation to be the primary purpose of the vessel. Navigational waters include the Gulf of Mexico, the Mississippi River, and such large bodies of water such as The Great Lakes. The mere capability of transportation over navigable waters is usually sufficient to meet "vessel" status, even if the vessel was not engaged in transportation at the time of the injury. This means that oil rigs/platforms in the Gulf of Mexico which are stationary when an injury occurs can be classified as a "vessel" if they are capable of transportation and are equipped with certain navigational aids. However, fixed oil rigs/platforms which are permanently affixed to the ocean floor do not meet "vessel" status under the Jones Act, and injuries occurring on those types of rigs/platforms fall under the Longshore and Harbor Workers Compensation Act. To meet "seaman status" an injured worker has the burden to show that he/she is assigned to and "in the service" of a vessel or identifiable fleet of vessels. This burden is usually met by showing that the worker contributed to the function of the vessel or to the accomplishment of the vessel's mission, and at least 30% of his/her working time is spent aboard the vessel(s).
Once an injured worker establishes that he/she is a "seaman in the service of a vessel" and, therefore, covered by the Jones Act, he/she must then establish that the vessel on which the injury occurred was unseaworthy and that such unseaworthiness caused the injury. Examples of unseaworthiness include inadequate crew, malfunctioning equipment or tools, unsafe ladders, steps, and rails, failure to have adequate safety equipment, and failure to adequately train the crew. In short, a vessel is considered unseaworthy if the vessel does not provide the seaman with a safe and suitable environment to perform his/her work.
Injured workers who are injured offshore and are covered by the Jones Act are entitled to recover certain compensation and damages including Maintenance (certain weekly benefits until the maximum medical cure is reached), Cure (medical treatment until the maximum cure is reached), lost wages, loss of wage earning capacity, past, present and future medical expenses, pain and suffering, and mental/emotional anguish damages.
We at Ben Bowden, PC can evaluate whether your offshore injury is one which is covered by the Jones Act and we can assist you in obtaining maximum recovery for your injuries.
If you were hurt while working offshore near Gulfport, in the Gulf of Mexico, on the Mississippi River, or on another navigable waterway, it is a good idea to speak with an offshore injury lawyer. These cases may involve the Jones Act, general maritime law, or the Longshore and Harbor Workers’ Compensation Act. Ben Bowden, PC can review where you were working, what type of vessel or platform was involved, and what benefits or damages may be available.
A Gulfport offshore injury attorney helps injured maritime workers understand their rights after an accident on a vessel, rig, platform, barge, tugboat, supply boat, dredge, or other offshore worksite. An attorney can evaluate whether the Jones Act applies, investigate unsafe working conditions, review medical and wage losses, deal with insurance companies, and pursue compensation for maintenance, cure, lost wages, medical expenses, pain and suffering, and other damages.
A worker may qualify as a Jones Act seaman if he or she has a substantial connection to a vessel or identifiable fleet of vessels in navigation and contributes to the work or mission of that vessel. Courts often look at whether the worker spends a meaningful portion of working time aboard the vessel. The United States Supreme Court has recognized the 30 percent time guideline as a useful rule of thumb in many seaman status cases.
The Jones Act may cover injuries to qualifying seamen caused by employer negligence or unsafe vessel conditions. Common offshore injury cases may involve falls, deck accidents, crane accidents, unsafe ladders, defective equipment, poor training, inadequate crew, fires, explosions, lifting injuries, and accidents aboard barges, tugboats, supply boats, dredges, and other vessels. A Gulfport Jones Act lawyer can help determine whether your injury falls under maritime law.
A Jones Act claim generally applies to qualifying seamen who work in the service of a vessel. A Longshore and Harbor Workers’ Compensation Act claim generally applies to certain maritime workers who are not vessel crew members but are injured in maritime employment. The LHWCA includes coverage for many harbor workers, ship repair workers, shipbuilders, shipbreakers, and longshore workers, but excludes a master or crew member of a vessel.
It depends on the platform. Some movable or transportable offshore structures may qualify as vessels if they are capable of transportation over navigable waters. Fixed oil rigs and platforms that are permanently attached to the ocean floor usually do not qualify as Jones Act vessels. Those claims may fall under the Longshore and Harbor Workers’ Compensation Act or another maritime injury law instead.
A Gulfport maritime injury lawyer may help you pursue maintenance, cure, lost wages, loss of future earning capacity, medical expenses, pain and suffering, and mental or emotional anguish damages, depending on the law that applies. Maintenance and cure are traditional maritime benefits for qualifying injured seamen and can provide support for basic living expenses and medical care while you recover.
A vessel may be unseaworthy if it does not provide a reasonably safe place for a seaman to work. Examples may include unsafe ladders, broken tools, slippery decks, missing safety equipment, inadequate crew, poor training, defective rails, or malfunctioning machinery. If unseaworthiness caused your offshore injury, a Gulfport maritime injury attorney can review whether you may have a claim for damages.
You should contact a Gulfport Jones Act attorney as soon as possible after an offshore injury. Early legal guidance can help protect evidence, identify witnesses, review accident reports, document your medical treatment, and evaluate whether you qualify under the Jones Act or another maritime law. Before signing a release, giving a recorded statement, or accepting a settlement, speak with an attorney who understands offshore injury claims.
If you were injured offshore, you may have questions about the Jones Act, seaman status, maintenance and cure, or whether your injury should be handled under another maritime law. Ben Bowden, PC helps injured workers in Gulfport and along the Mississippi Gulf Coast evaluate offshore injury claims and pursue the compensation available under the law. Contact our office today to schedule a consultation with Mr. Bowden.
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