Do I Need an Offshore Accident Lawyer?
Offshore accidents fall under maritime law, which sets an entirely different standard for making a recovery. When you are injured in an offshore accident, it is common for companies to try to resolve the claim for what is far less than the case is actually worth. An offshore accident lawyer advocates for fair and just compensation for you. They can advise whether you are being treated fairly or the company is just trying to sweep your injury under the rug. Don’t let them treat you like garbage. Talk to an offshore accident attorney about your rights today. Call 800-298-0111 to get connected.
What Law Applies to an Offshore Accident?
A large body of state and federal law applies to offshore accident claims. These include:
- Longshoremen’s and Harbor Worker’s Act
- Jones Act
- State Personal Injury Law
- Federal Tort Claims.
Navigating these laws without an offshore accident attorney is like piloting the seas without a map.
Longshoremen’s and Harbor Workers’ Compensation Act
offshore drilling rig.
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 navigable waters in the United States. It is effectively worker’s compensation for certain marine workers and many dock workers who are not otherwise covered by the Jones Act.
Jones Act
The Jones Act provides certain protections to workers on sea vessels, including jack-up rigs and oil rigs 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 negligence of the employer caused the damages suffered. 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 and his offshore accident lawyer a major advantage.
Some accidents that may be covered by the Jones Act are:
- Oil platform accidents
- Oil tanker accidents
- Drillship accidents
- Cruise ship accidents
- Riverboat accidents
- Barge accidents
- Shrimp boat accidents
- Tug boat accidents
- Certain private boating accidents
Offshore Injury and State Personal Injury Law
State personal injury law may cover offshore injuries that do not fall under the above laws. The proximity of the accident typically determines the state law that applies. 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 under maritime law.
Investigating the Offshore Injury Claim
To determine which law applies, you need an offshore accident lawyer who will thoroughly investigate the claim. The companies in charge of offshore vessels keep very detailed records and logs. These records must be obtained and reviewed to determine whether proper procedures were followed. Moreover, in serious injury cases, nothing tells the story better than going to the scene and conducting an inspection. At Simmons and Fletcher, P.C., we can investigate the scene and retain and bring qualified experts as required to get a full picture of what caused an event.
Statute of Limitations In Offshore Accidents
The Statute of limitations is a deadline by which your injury lawsuit/claim must be filed, or you lose the right to bring it. The statute of limitations may also vary because offshore injuries may fall under different Federal and State laws. You should immediately consult an offshore injury lawyer to determine your rights and limitations. For more information, please read:
What Statute of Limitations Applies in Admiralty and Maritime Personal Injury Actions?
What Does it Cost to Hire an Offshore Accident Lawyer?
At Simmons and Fletcher, P.C., we work on a contingency fee basis. You pay a percentage of any recovery we make at the end of the case and nothing upfront. If we don’t recover for you, you do not pay our attorney fees or our expenses. If we make a recovery, you reimburse our expenses and pay an attorney’s fee of 33.33% when the case settles without a lawsuit and 45% when it settles after filing a lawsuit. It only increases to 45% if the case goes to trial AND there is an appeal.
Talk to an Offshore Accident Attorney
At Simmons and Fletcher, P.C., you don’t pay a dime unless we make a recovery for you. The initial consultation at our Houston office or over the phone is absolutely free. Call us to speak with an offshore accident attorney who will fight for your best interests today at 1-800-198-0111.
