What Laws Apply if I Was Injured While Working Offshore?

Working offshore presents a unique set of challenges and hazards. Whether on oil rigs, vessels, or in the maritime industry in general, the work is physically demanding and often fraught with potential dangers. If you’re an offshore worker, you’re likely well-acquainted with these risks. But what happens when the unexpected occurs and you’re injured offshore? Understanding your rights and the laws that protect you is paramount in these situations.

As an experienced offshore injury law firm, we at Abraham Watkins believe it is crucial for offshore workers to have a comprehensive understanding of the legal landscape that governs their industry. Familiarity with federal laws, such as the Jones Act and the Longshore and Harbor Workers Compensation Act, can make a significant difference when seeking rightful compensation for injuries sustained in offshore accidents.

In the unfortunate event of a Texas offshore injury, it is vital to seek legal assistance from a Houston maritime attorney soon as possible. With a well-informed team of offshore injury lawyers on your side, navigating the often complex legalities of injury claims becomes less daunting. Our team is well-versed in maritime law, and we are committed to helping our clients claim compensation and seek justice.

In the following sections, we will delve into the specifics of maritime laws, the rights of maritime workers, and how these laws apply to oil and gas employees, particularly in the context of Houston. We aim to provide you with the necessary knowledge and assurance that if the worst happens and you’re injured offshore, you’re not alone – we’re here to support and guide you every step of the way.

Arrange a free consultation today at 713-535-9319.

Understanding Maritime Law – A Fundamental for Offshore Workers

Navigating the waters of maritime law can often seem as challenging as working offshore itself. However, gaining a foundational understanding of this area of law is essential for anyone working in maritime industries, including oil and gas workers.

At its core, maritime law, also known as admiralty law, is a distinct body of law governing nautical issues and private maritime disputes. It is a federal law that provides a legal framework covering various aspects related to maritime employees, vessels, navigable waters, and the interconnected relationships therein.

When navigating general maritime law, it’s important to recognize that it provides protections and rights specifically designed for those working in maritime occupations. These protections can include the right to a safe working environment, the right to proper medical treatment after an offshore injury, and the right to seek compensation for injuries caused by employer negligence or improperly maintained equipment.

However, the specifics of the rights and protections afforded can differ depending on the roles and locations of the workers. Specific acts and provisions cater to oil rig workers, longshore workers, harbor workers, and other maritime employees, each with its unique aspects and stipulations.

At Abraham Watkins, we understand how to navigate these nuanced aspects of maritime law. Our Houston personal injury attorneys are committed to ensuring that our clients are fully aware of their rights and can effectively seek the legal remedies they deserve after an offshore accident.

Which Injury Laws Cover Oil Rig Workers?

Working on an oil rig is inherently hazardous, with workers facing risks ranging from falls and equipment malfunctions to serious disasters like fires and oil spills. Given these potential hazards, several laws have been established to protect oil rig workers and provide them with a means to seek compensation should they suffer an injury.

Harbor Workers Compensation Act

One crucial law in this sphere is the Harbor Workers Compensation Act. This act extends to ensure that land-based maritime workers, including those involved in the loading and unloading of vessels and shipbuilders, have the right to seek compensation for any injuries sustained on the job. While the act primarily applies to longshore and harbor workers, the provisions can extend to certain types of offshore work that take place near the harbor.

Outer Continental Shelf Lands Act (OCSLA)

Another pivotal law is the Outer Continental Shelf Lands Act (OCSLA). The OCSLA specifically covers workers involved in the exploration and development of natural resources, notably oil, on the Outer Continental Shelf. If you’re an oil rig worker operating on a fixed platform on the outer continental shelf, this act applies to you. The OCSLA offers similar protections to those in the Longshore and Harbor Workers Compensation Act, but in the specific context of offshore oil and gas workers.

Jones Act

Finally, oil rig workers should be familiar with the Jones Act, also known as the Merchant Marine Act. This law is particularly beneficial for seamen who have suffered offshore injuries due to negligence on the part of their employer, a co-worker, or a vessel owner. Under the Jones Act, injured maritime workers, including oil rig workers, are entitled to sue their employer for personal injury damages.

Legal Rights Of Maritime Workers in Houston

As a maritime worker in Houston, you are safeguarded by a robust set of laws specifically designed to protect your interests. These laws apply whether you are working on an offshore oil rig, as a harbor worker, or in any other role in the maritime industry.

The Right to Maintenance and Cure

As a maritime employee, you have the right to “maintenance and cure” under general maritime law if you are injured or become ill during your service to a vessel. This provision ensures that you receive a daily stipend (maintenance) for living expenses and medical treatment (cure) for your injury or illness, regardless of who was at fault for your condition.

The Right to Seek Compensation

If you’re an injured worker, maritime laws like the Jones Act and the Longshore and Harbor Workers’ Compensation Act allow you to seek compensation for your injuries. Compensation can include lost wages, medical expenses, pain and suffering damages, and other costs related to your injury.

Personal Choice of Medical Provider

Under maritime law, you have the right to choose your medical provider for treatment related to your injury or illness. Your maritime employer or their insurer cannot force you to see a particular doctor.

The Right to a Safe Working Environment

Maritime employers have a duty to provide a safe working environment for their employees. If you’re injured due to unsafe conditions or employer negligence, you can file a claim for compensation.

The Right to Legal Representation

If you have suffered offshore injuries, you have the right to legal counsel to help you navigate your compensation claim. An experienced Houston personal injury attorney, like those at Abraham Watkins, can guide you through the legal process, advocating for your best interests every step of the way.

As a maritime employee in Houston, understanding your rights is crucial to ensuring your safety and well-being in your workplace. If these rights are violated, know that you can turn to us for help. Abraham Watkins is committed to standing by your side, offering strong legal representation to protect your rights and seek the compensation you deserve.

The Merchant Marine Act – How It Protects Maritime Workers

The Merchant Marine Act, commonly referred to as the Jones Act, is a pivotal piece of legislation in the realm of maritime law. Passed in 1920, it primarily focuses on promoting and maintaining the American merchant marine but also contains vital protections for seamen.

Under the Jones Act, seamen who have suffered offshore injuries due to negligence by their employer, a co-worker, or even the vessel owner have the right to sue for damages. Unlike typical workers’ compensation laws, the Jones Act allows for the recovery of a full range of damages, including lost wages, medical expenses, pain and suffering, and even future earnings if the seaman is unable to return to work.

It’s important to note that the term ‘seamen’ under the Jones Act encompasses a wide range of maritime workers, including those working on offshore oil rigs, fishing vessels, cargo ships, barges, tugboats, and more. In essence, if you contribute to the function of a vessel or fleet and your duties connect you to a vessel or fleet in navigation, you are likely considered a seaman under this act.

However, to make a successful Jones Act claim, you must prove that your employer or the vessel owner was negligent and that their negligence played a part, however small, in your injury. This process is where the role of an experienced Houston maritime attorney becomes crucial.

Maintenance and Cure: An Essential Aspect of Maritime Law

Maintenance and Cure is a maritime law concept that, although age-old, continues to be essential for the rights and protections of maritime workers today.

Here’s what you need to know:

What is Maintenance and Cure?

Maintenance and Cure refers to the obligation of a maritime employer to provide an injured seaman with two types of compensation until the seaman has reached maximum medical improvement. “Maintenance” covers the seaman’s daily living expenses, such as food and housing. “Cure” refers to medical expenses incurred due to the injury or illness.

Who is Eligible?

All maritime employees who qualify as “seamen” under maritime law are entitled to Maintenance and Cure; this includes offshore oil and gas workers, offshore workers on vessels, and other maritime employees.

Employer Responsibility

The obligation for Maintenance and Cure lies with the employer, regardless of whether the injury or illness was caused by anyone’s negligence or if it occurred while the seaman was working. Even if an injury was pre-existing but was aggravated while in service of the vessel, the employer is still responsible for providing Maintenance and Cure.

Seeking Legal Assistance

Issues can often arise with the provision of Maintenance and Cure. Employers may dispute the amount they have to pay, deny claims, or terminate benefits prematurely. In such situations, it’s crucial to have an experienced maritime injury lawyer by your side. At Abraham Watkins, we’ve helped countless injured maritime workers claim their rightful Maintenance and Cure, navigating disputes and securing favorable outcomes.

The Right to Additional Compensation

Remember that the right to Maintenance and Cure is separate from the right to sue under the Jones Act or other laws for damages resulting from employer negligence. If your injury was caused by the negligence of your employer or co-worker, improperly maintained equipment, or an unseaworthy vessel, you might be entitled to further compensation.

When it comes to offshore injuries, knowing your rights to Maintenance and Cure is essential. Should you ever find yourself in a situation where you’ve suffered offshore injuries and are dealing with reluctant employers or insurers, a Houston work injury lawyer from our firm is ready to help. We’re committed to helping clients claim the compensation they’re entitled to, advocating vigorously for the rights of maritime workers.

What Is the Distinction Between the Jones Act and the LHWCA?

In the maritime industry, it’s essential to understand the differences between two key pieces of legislation: the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). Both provide protections for injured maritime workers, but they apply to different individuals and circumstances.

Jones Act

The Jones Act As we’ve discussed, the Jones Act covers “seamen” – individuals whose work contributes to the function of a vessel and who have a significant connection to a vessel or fleet. These individuals could include workers on offshore oil rigs, tugboats, barges, fishing vessels, and more. If these workers can prove their injuries resulted from employer or co-worker negligence or an unseaworthy vessel, they can seek full damages under the Jones Act.

LHWCA

The Longshore and Harbor Workers’ Compensation Act (LHWCA) The LHWCA, on the other hand, protects land-based maritime workers who aren’t covered by the Jones Act. This includes longshore workers, harbor workers, ship repairers, shipbuilders, and other individuals employed on docks, wharves, or shipping terminals. Workers covered under the LHWCA can claim for lost wages and medical expenses if they’re injured on the job, without needing to prove negligence.

Outer Continental Shelf Lands Act

The Outer Continental Shelf Lands Act A third piece of legislation, the Outer Continental Shelf Lands Act, extends the LHWCA to cover workers on offshore platforms on the outer continental shelf. This is particularly relevant to oil and gas workers involved in offshore drilling and exploration.

How Does The Jones Act Apply to Oil and Gas Employees?

Working in the oil and gas industry, particularly on offshore oil rigs, is one of the most dangerous jobs in the country. Thankfully, oil and gas workers have significant legal protections under the Jones Act.

Jones Act Protections

As previously discussed, the Jones Act is a federal law providing protections for “seamen.” If an oil and gas worker qualifies as a seaman and suffers an injury due to their employer’s or co-worker’s negligence, or an unseaworthy vessel, they have the right to sue for damages under the Jones Act. These damages can cover lost wages, medical treatment expenses, pain and suffering, and even future earnings if the worker can’t return to their previous role.

Oil and Gas Workers as Seamen

For an offshore oil and gas worker to qualify as a seaman under the Jones Act, they must spend a significant part of their work time on a vessel or fleet and contribute to the vessel’s function or mission. This group of workers can include a variety of job roles, including drillers, engineers, maintenance workers, and others who work on movable, offshore drilling rigs.

Offshore Injuries and the Jones Act

The types of accidents and injuries that can occur in the oil and gas industry are many. They can range from falls, exposure to harmful chemicals, fires and explosions, to equipment failures, and more. If such an accident happens and it’s due to employer negligence, an improperly maintained rig, or unsafe working conditions, the injured offshore worker can seek compensation through a Jones Act claim. 

Injured Working Off-Shore? You Need the Right Off-Shore Accident Law Firm

In the wake of an offshore accident, the steps you take can greatly impact your ability to recover compensation. Engaging a reputable and experienced Houston offshore accident lawyer is crucial. Here’s why:

• Understanding Maritime Laws – Maritime laws are complex and specific. It takes specialized knowledge and experience to navigate these laws effectively. As we’ve seen, multiple laws may apply to your case, from the Jones Act to the LHWCA, and determining which is most beneficial requires expert legal counsel.
• Handling Maritime Employers and Insurers – Employers and their insurers may dispute your claim, deny liability, or offer settlements that don’t fully cover your losses. An experienced personal injury lawyer knows how to handle these tactics, ensuring your rights are protected and your claim is maximized.
• Proving Negligence – Depending on the law under which you’re claiming, you may need to prove employer negligence. This can involve demonstrating a failure to maintain equipment, a breach of safety protocols, inadequate training, and more. A strong attorney-client relationship can greatly aid in gathering the necessary evidence.
• Negotiating Settlements and Litigating Cases – In many cases, offshore injury claims are settled out of court. This requires skilled negotiation to secure the best possible settlement. If necessary, a firm like Abraham Watkins is prepared to take your case to trial, backed by a history of successful resolutions in personal injury lawsuits.

Damages You Can Claim Through Maritime Law

If you’ve been injured while working offshore, you are likely facing significant losses. Under maritime law, you are entitled to recover compensation for these damages.

• Lost Wages – If your offshore injuries prevent you from working, you can claim compensation for lost wages. This loss can include both wages lost during your recovery period and future wages if your injuries limit your ability to work long-term.
• Medical Expenses – Maritime employers are required to cover the costs of an injured worker’s medical treatment. These expenses can include emergency care, hospital stays, surgeries, medications, rehabilitation, and any other necessary medical treatments.
• Pain and Suffering Damages – Beyond the tangible financial losses, you can also seek compensation for your physical pain and emotional suffering resulting from your offshore accident.

The Role of Abraham Watkins

As a firm with over 70 years of experience and a distinguished history of representing injured workers, Abraham Watkins brings a depth of knowledge and resources to your case. We’ve been recognized by numerous organizations for our skill in litigation and have been included in the National Trial Lawyers: Top 100. With a strong attorney-client relationship, our experienced work injury lawyers will fight to ensure that your rights are upheld and you receive the compensation you deserve.

We operate on a contingency fee basis, which means there are no upfront costs. We offer a free consultation to understand your situation and provide initial advice. Our fees are contingent upon successfully securing a settlement or winning your case; if we don’t win, you don’t pay. This approach allows victims to access the legal help they deserve, regardless of their financial situation, ensuring justice is not compromised due to affordability.

What Laws Apply if I Was Injured While Working Offshore? FAQ

Contact a Personal Injury Lawyer Houston Maritime Workers Trust!

If you’ve been injured while working offshore, it’s crucial to seek legal representation from a firm that truly understands the intricacies of maritime law and has a proven track record of successfully handling offshore injury cases. Abraham Watkins is that firm.

With over 70 years of experience, Abraham Watkins has helped countless injured maritime workers recover compensation for their losses, offering expertise, personalized service, and a commitment to securing justice for our clients.

We invite you to reach out to us if you’ve suffered an offshore injury. We’ll listen to your story, help you understand your rights, and work tirelessly to seek the compensation you deserve. Our team is ready to offer a free consultation and provide the legal counsel you need during this challenging time.

Don’t face this difficult period alone. Contact Abraham Watkins at 713-535-9319 and let us fight for your rights and your future. Remember, your recovery is our priority, and we’re here to provide the assistance you need.