Key Laws Governing Offshore Accident Cases

The work on the coast is dangerous, and accidents on that territory can bring serious injuries, long-term disability, and even death to people operating in the marine industry. Besides the trauma a client obviously endures after an offshore accident, the legal landscape is confusing and overwhelming, especially because the law applicable to these cases is different from any standard personal injury claim on the land. Offshore accident claims are covered under specific maritime laws, each being created to protect the rights of workers and ensure proper compensation for injuries.

Be you working on an oil rig, fishing vessel, or commercial cargo ship, it would be important to know some of the key legislation governing the case of offshore accidents. In this blog, we break down some of the most relevant maritime laws and proceed to describe how an offshore accident lawyer can facilitate your case process.

The Jones Act

The most prominent among these is the Jones Act, formally known as the Merchant Marine Act of 1920. The Jones Act was established to provide protection and recourse for injured seamen working aboard vessels. Under the Jones Act, a seaman can bring an injury action against his employer or even fellow workers and the unsafe conditions at a vessel.

Who is Covered by the Jones Act?

One of the basic tenets of the Jones Act is that it only includes seamen. A seaman is generally defined as a person who spends a substantial portion of his working time on a vessel operating in navigable waters, including oceans, rivers, and lakes. He can be

  • Cargo ship crews
  • Oil rig and drilling platform workers
  • Commercial fishermen
  • Ferry operators

To bring a Jones Act claim you would have to show you are actually a seaman and your injuries were the result of negligence.

What do I receive if my claim is under the Jones Act?

Under the Jones Act, if you can claim qualified rights, you are entitled to several kinds of compensation, including:

Medical treatment: Emergency room treatment, surgeries, hospitalization, and future medical care.

Wage loss: Recoveries for lost wages based on income lost during your recovery and, sometimes, loss of future earning capacity.

Pain and suffering: Recoveries for personal injury, including the physical and emotional impact of your injuries

Maintenance and cure: A unique exception under maritime law that requires employers to cover a seaman's daily living expenses and medical costs until they have reached maximum medical improvement

How the Jones Act Proves Negligence

Under the Jones Act, employees are allowed to file a lawsuit against their employers for negligence. The bar of the Jones Act however is less than other traditional personal injury cases. Therefore, an injured employee just has to prove that the employer's negligence was one but only one of the causal factors of the injury. This can be in:

  • Failing to have a safe environment
  • Improper training or supervision
  • Poorly maintained equipment
  • Poorly maintained working conditions in the vessel

An offshore accident lawyer can provide assistance in gathering proofs, such as witness statements, accident reports, and safety check records, to be used in proving liability.


General Maritime Law: The Unseaworthiness Doctrine

Apart from the Jones Act, there are, in addition, general maritime laws that safeguard seamen. For example, through the unseaworthiness doctrine. Here, the doctrine states that vessel owners have the duty of ensuring their ships are kept in a reasonable condition for crew members to work on. This includes the following;

  •  Ensuring the ship is well-maintained
  • The vessel is well-fitted with all the essential safety gear
  • That the crew members employed on the vessel are qualified

Under the unseaworthiness doctrine, if a vessel is said to be "unseaworthy", that is, a vessel in poor condition and has not met the minimum requirements of safety or its equipment is found to be bad and the fault caused injury to a seaman then he has the right to file his claim on this doctrine.

The great advantage of an unseaworthiness claim is that you do not have to prove negligence, as one does under the Jones Act. Liability can be established by the mere fact that the vessel was unseaworthy. However, proving unseaworthiness usually requires expert testimony and in-depth knowledge of maritime regulations; thus, it would be helpful if you had an offshore accident lawyer by your side.


Longshore and Harbor Workers' Compensation Act (LHWCA)

Not all maritime workers qualify as seamen under the Jones Act. Workers who load and unload ships, repair vessels, or work at shipyards are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA). The LHWCA provides compensation to workers who suffer an injury while working within any area of navigable waters, as well as any adjoining area, including docks, piers, and terminals.

Who Does the LHWCA Cover?

The LHWCA encompasses a variety of maritime employees who are not seamen, including:

  • Longshore workers
  • Ship and boatbuilders and repairers
  • Dock workers
  • Harbor construction workers

One of the main differences between the two acts lies in the fact that LHWCA benefits are no-fault. This simply means that workers can claim compensation irrespective of who was at fault for the injury. Compensation under the LHWCA is available for the following: medical expenses, lost wages, and disability benefits, which include permanent partial disability or total disability depending on the extent of the injury.

What Compensation is Available Under the LHWCA?

Under the LHWCA, an injured worker can claim to be paid for:

Medical charges: All the reasonable and necessary treatment regarding the injury.

Temporary disability benefits: Payments of lost wages until such time that you cannot work because of your injuries.

Permanent disability benefits: Should the injury result in some form of permanent partial or total disability, then you are entitled to some form of continued payment.

Surviving family benefits: In case of injury leading to death, LHWCA provides compensation to the surviving family.

LHWCA operates just like a worker's compensation, and thus, you are not required to prove that your employer was careless in enjoying your benefits. The process can be very complicated, yet presenting your case before an offshore accident lawyer will ensure you get all your benefits.


Death on the High Seas Act (DOHSA)

Some offshore accidents are fatal. In such a case, where a worker dies as a result of negligence or wrongful act overseas, DOHSA will confer the right to the family to bring in a claim for damages. This Death on the High Seas Act becomes applicable in cases where death occurs more than three nautical miles from the United States shoreline.

Who can claim under DOHSA?

This enables the DOHSA to make a wrongful death in the names of those surviving family members of the deceased worker, such as a spouse, children, or dependents. The intent behind filing the claim is to compensate the families for monetary loss arising from the death of the worker.

What Type of Compensation does DOHSA Award?

DOHSA is averred to award limited compensation in terms of pecuniary losses, meaning those financial damages that can be computed, and therefore ascertainable. Examples of such pecuniary losses may include:

Loss of earnings support: Damages for the contributions the deceased worker would have made to the family.

Burial and funeral expenses: Costs incurred in the burial of the worker.

DOHSA does not provide for loss of pain and suffering or loss of companionship, which is a huge limitation. However, if death occurs within U.S. territorial waters, then extra recoverable damages exist under other maritime laws that include pain and suffering.


Outer Continental Shelf Lands Act (OCSLA)

The Outer Continental Shelf Lands Act (OCSLA) extends coverage under the LHWCA to workers engaged in oil and gas exploration off the outer continental shelf of the United States. This includes workers on offshore drilling rigs, platforms, and other oil and gas facilities.

Who is Covered Under OCSLA?

OCSLA generally encompasses workers who engage in the exploration, extraction, and production of natural resources offshore on the outer continental shelf. It may involve:

  • Oil rig workers
  • Engineers
  • Technicians, among other supporting staff that will work on off-shore platforms

The OCSLA benefits are the same as the LHWCA, such as medical costs, lost wages, and disability benefits.


Conclusion: Why You Need an Offshore Accident Lawyer

Cases of accidents off-shore fall under specific laws that are therefore very complex in nature. Depending on the place of origin of the job, the location of the accident, and the incidents surrounding the injury, different legislation applies to the case, each carrying its own requirements and forms of compensation.

An offshore accident lawyer is a specialist in maritime law and can help you navigate the complexities to ensure that you are on the right track of pursuing the right legal avenue and compensation owed to you. If you intend to file a claim under the Jones Act, LHWCA, or any other form of maritime law, then you can ensure that an experienced lawyer investigates the accident, gathers all necessary evidence needed to prove your case, negotiates with the insurance companies, and fights for your rights in court.

If you or someone you love has been injured in an offshore accident, do not wait to contact an offshore accident attorney today to help protect your rights and secure your future.

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