Oil rig employees and offshore workers face risks associated with heavy machinery, elevated platforms, and crew transfer equipment whenever they travel to or work on facilities. Injured employees may struggle to pay mounting medical bills or cope with lengthy work absences after an accident. A skilled New Orleans offshore accident lawyer can help injured maritime workers understand which federal laws may apply and explore options for financial compensation.
Attorneys at Marcelle Robertson Mestayer LLC believe that each client deserves our personal attention and regular updates regarding their case. Our office chooses not to take on more clients than we can handle. Instead, we limit our caseload and give each case the time and attention it deserves by thoroughly investigating each claim and reviewing evidence.
A maritime injury attorney at our firm understands insurance companies and goes after the compensation our clients deserve. Hire an offshore accident lawyer with us today.
Workers travel through ports in New Orleans regularly to support offshore energy production. Many employees pass through our city via the Port of New Orleans, Interstate 10, or other coastal communities before reaching platforms. Offshore accidents may occur on:
These accidents can result from equipment malfunctions, slippery walkways, falling objects, poorly maintained equipment, and more.
It is important to understand where and how the accident occurred, what the injured worker was hired to do, and what type of facility they were working on when the accident occurred. Different federal laws may apply based on these factors.
Two federal laws help provide protections to injured maritime workers. The Jones Act, or 46 U. S. C.§ 30104, allows eligible seamen to file claims of negligence against their employer if they are injured at work. To qualify, an employee must typically show they are involved with a vessel’s mission and have a significant connection to a vessel or identifiable group of vessels.
The Longshore and Harbor Workers’ Compensation Act establishes benefits for qualifying harbor workers and other maritime employees. The Outer Continental Shelf Lands Act extends some LHWCA protections to offshore workers.
These laws differ in many ways, including how an injured employee may recover compensation. For this reason, it is crucial that injured workers are properly classified. According to BSEE’s 2024 offshore incident statistics, federal investigators reported:
These numbers only reflect accidents reported to BSEE, not all maritime accidents in the Gulf of Mexico.
When an offshore worker gets into an accident, they can encounter a number of different injuries. Some of the most common injuries include:
Some workers experience illness after being exposed to toxic chemicals and fumes. Certain injuries may prevent workers from performing their regular job duties. Doctors should outline any treatment plans, work restrictions, or expected permanent limitations in the injured employee’s medical records.
Workers should always report the accident to their employer, request a copy of the incident report if one was made, and write down their account of what happened while it is fresh in their mind. If there were any witnesses or defective conditions that contributed to the accident, workers should write down that information as well.
Available benefits depend on a worker’s job title and the circumstances leading to their accident. Successful claims may provide compensation for medical bills, lost wages, lost earning capacity, and pain and suffering. Injured seamen may also qualify for maintenance and cure benefits, which can provide financial assistance for living expenses and medical treatment.
Please note there are limits to how much compensation an injured seaman can recover for pain and suffering and other non-economic damages. Eligible employees can receive medical treatment and disability benefits under the LHWCA. Dependents may also qualify for death benefits if their loved one dies because of a work accident.
If a third party caused the accident, such as a vessel owner’s negligence or a malfunction in a piece of equipment, injured workers can file a claim to seek compensation.
Some maritime injury cases may be filed in the United States District Court for the Eastern District of Louisiana. The address for the federal courthouse is Hale Boggs Federal Building and United States Courthouse, 500 Poydras Street, New Orleans, LA 70130. A New Orleans offshore accident attorney can help you in your case.
No, your employer cannot fire you for filing an offshore injury claim. Federal maritime law sometimes protects employees from retaliation. An employer covered by the law cannot generally fire or take other adverse employment actions against an employee simply because the employee seeks LHWCA benefits. The rules may differ for independent contractors.
An offshore accident outside the territorial waters of the United States could involve complex questions of international law. The country where the vessel is registered, the employment relationship, and where the accident took place may affect which country’s laws apply to the injury. U.S. federal maritime law may protect workers outside U.S. territorial waters under certain circumstances.
Independent contractors who are injured in an offshore accident may have legal rights to recover damages. In some situations, an independent contractor injured offshore may be able to file a claim against a negligent ship operator, equipment manufacturer, or other liable party. Sometimes, a court might decide that the practical realities of how people work together matter more than what’s written in their contract.
A maritime employee does not always lose the right to recover damages if they were partially at fault for their injury. Under the comparative negligence rules that apply in many maritime cases, an injured employee’s recovery may be reduced by their percentage of fault. The exact rules depend on what claim is filed.
If you or someone you know was injured in an offshore accident, Marcelle Robertson Mestayer LLC can help you seek compensation. Contact us today for a consultation.
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