Houston Offshore Accident Lawyer
Simmons and Fletcher, P.C., handle Offshore accidents ranging from oil platform explosions to boat and cruise ship accidents. The Gulf Coast Continental Shelf is a hotbed for drilling and oil exploration activity right now. Thousands of workers are strewn across oil and gas drilling rigs all along Texas, Louisiana and Mississippi. Unfortunately, sometimes the mad rush to produce and turn a huge drilling expense into a profit can result in producers cutting corners and putting profits above worker safety. Workers become seen as a “labor cost” on a spread sheet rather than as human beings who are the backbone of the company. At Simmons and Fletcher, we represent to injured workers and other victims of the corporation’s negligence.
Longshoremen’s and Harbor Workers’ Compensation Act
Under 43 United States Code, section 1333, subsection (b) and (c), Congress extended the Longshoremen’s and Harbor Workers’ Compensation Act to cover employees other than “master members” of any crew or vessel who are working on the Outer Continental Shelf In the exploration and the development of natural resources. This is what is known as the Outer Continental Shelf Lands Act. It provides for the payment of compensation for disability or death suffered while working on the navigable waters in and along the United States. It is effectively worker’s compensation for certain marine workers and many dock workers that are not otherwise covered by the Jones Act.
The Jones Act provides certain protections to workers on sea vessels which includes jack-up rigs and oil rigs that are not attached to the ocean floor such as floating oil rigs and drill ships. Under the Jones Act, covered employees can recover for pain and suffering, disability,medical expenses and lost wages. The worker’s offshore injury lawyer must show that the damages suffered were caused by the negligence of the employer. However, unlike all other areas of law, the burden of proof under the Jones act is lower than normal. It is considered a “featherweight burden” because you must only tilt the scales of justice in your favor by a featherweight to win. This gives the injured worker a major advantage.
Some accidents covered by the Jones Act are:
- Oil Rig Accident
- Oil Tanker Ship Accident
- Drillship Accident
- Cruise Ship Accident
- Riverboat Accident
- Barge Accident
- Shrimp Boat Accident
- Tug Boat Accident
Offshore Injury and State Personal Injury Law
Offshore injuries that do not fall under the above laws may be covered by state personal injury law. The state law that applies is typically determined by the proximity of the accident. Because the laws vary from state-to-state and the above Acts may also apply, you should hire an offshore injury attorney to determine which avenues of recovery are available to you.
Statue of Limitations In Offshore Accidents
The Statute of limitations is a deadline by which your injury lawsuit/claim must be filed or you loose the right to bring it. Because offshore injuries may fall under different Federal and State laws, the statute of limitations may also vary. You should consult an offshore injury lawyer immediately to determine your rights and limitations. For more information, please read:
No Win No Fee
At Simmons and Fletcher, P.C., you don’t pay a dime unless we make a recovery for you. The initial consultation is absolutely free. Call us to speak with an attorney who will fight for your best interests today.