Maritime Law

If you were injured on or near the water, you may be entitled to seek benefits under the General Maritime law.

In general, if you are a crewman on a vessel injured while working, you will be entitled to sue your employer for injuries caused by your employer's negligence under a federal law called the Jones Act. For purposes of the Jones Act, offshore drilling rigs which are moveable and which float from hole to hole (semis and jack-ups), are considered vessels. Therefore, if you were an offshore oil worker working on a semi, a jack-up, a barge rig, a drill ship, or other moveable vessel, you may have rights against your employer under the Jones Act. If that is the case, your employer will be responsible for paying your medical bills and paying you a small daily allowance during the time you are injured. In addition, you will be able to file a lawsuit against your employer if your employer was negligent or if there was something wrong with the vessel which made it unfit for its intended purpose. You could recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.

If you are not assigned as a member of the crew of a vessel, but are injured on a vessel, there are many different possibilities as to the law which would apply. More than likely you would be entitled to receive workers' compensation payments (roughly two-thirds of your average weekly wage plus medical benefits), and would not be entitled to sue for any additional monies from your employer. There may be other claims applicable though, such as claims against the vessel owner or claims against other third-parties such as product manufacturers, other contractors, etc. The federal maritime workers' compensation (Long shore and Harbor Workers' Compensation Act), may also apply if you were injured on land but working near a vessel, such as loading and unloading a vessel, repairing certain parts of the vessel, or doing other traditional long shore work.

If you are injured on an offshore platform or drilling rig, it is vitally important that all such claims be investigated immediately. Memories fade, witnesses disappear, and documents get misplaced. There are also time deadlines that apply which may prevent you from bringing your claim if they are not met. Depending upon where the accident happened and what law applies, the deadline can be one to three years. Moreover, to preserve certain claims, you may need to take steps even before the first anniversary of the accident. Before your lawyer can take steps to protect your interest, he will need time to investigate the parties involved and make sure he has enough information to properly assert the claim.

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