FAILING TO MAINTAIN PROPER SAFETY EQUIPMENT
Under the Jones Act, a maritime employer must provide the seaman with a reasonably safe place to work, and must use ordinary care to under the circumstances to maintain and keep the vessel on which the seaman works in a reasonably safe condition. These are very strict requirements under the law. Almost any unsafe condition on a vessel can lead to liability under the Jones Act.
In response to the Deepwater Horizon explosion and resulting oil spill in the Gulf of Mexico, the Obama Administration launched the most aggressive and comprehensive reforms to offshore oil and gas regulation and oversight in U.S. history. The reforms, which strengthen requirements for everything from well design and workplace safety to corporate accountability, are helping ensure that the United States can safely and responsibly expand development of its energy resources.
The administration quickly launched the most aggressive campaign to enforce safety and conservation on the Outer Continental Shelf (OCS). In selecting Michael R. Bromwich to lead the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) in June 2010, President Barack Obama and Department of the Interior (DOI) Secretary Ken Salazar issued a mandate: to reform the government’s regulation of offshore energy development and the agency responsible for it. The Department of the Interior (DOI) and BOEMRE (now BSEE) made fundamental changes necessary to restore the American people’s confidence in the safety and environmental protection of oil and gas drilling and production on the U.S. Outer Continental Shelf, ensuring that responsible oil and gas development continues.
Improving the Safety of Offshore Drilling
The bureau launched aggressive, comprehensive reforms to offshore oil and gas regulation and oversight:
- BSEE imposed, for the first time, requirements that offshore operators maintain comprehensive safety and environmental programs. This includes performance-based standards for offshore drilling and production operations, including equipment, safety practices, environmental safeguards, and management oversight of operations and contractors. Companies will now have to develop and maintain a Safety and Environmental Management System (SEMS) per the new Workplace Safety Rule.
It is the responsibility of the seaman’s employer to insure that working conditions are safe and that adequate safety, training, and security measures have been put in place to prevent accidents. In the event that the seaman’s employer and/or the owner of the vessel are two different parties, the injured seaman or his/her family can file an unseaworthiness claim against the vessel owner for compensation.
CALL THE EXPERIENCED ATTORNEYS AT THE LAW OFFICES OF L. CLAYTON BURGESS TODAY TO SCHEDULE A FREE CONSULTATION.
The statute of limitations for filing for compensation under the LHWCA is short. Please call the Law Offices of L.CLAYTON BURGESS today to discuss your claim. LHWCA claims can be filed against the worker’s employer, such as the shipping company, a contracting company, or a boat operator or owner.
Insurance companies will often fight to pay the minimum recovery amounts to injured workers. The Law Offices of L. Clayton Burgess are known for their aggressive handling of our client’s insurance claims when seeking justice for our clients and will fight for your compensation.
Clay Burgess offers his clients highly effective skills and strategies and an in-depth knowledge of maritime injuries and law that govern the different accidents, hands-on legal representation, and first-rate client service. Call us today with your questions about your case and we will respond and answer your questions promptly.
We can also file a personal injury claim or lawsuit against any third party whose negligence may have contributed to your accident. It is important that you contact Clay Burgess before trying to negotiate a settlement with any insurance company. The statute of limitations for filing a claim may be short, so don’t hesitate. Call Clay Burgess now at 337-234-7573 or toll free 877-234-7573 to discuss your case FREE of charge.
If you or a loved one has been injured or killed on or near the water, contact L. Clayton Burgess to insure that your rights are protected. Call us at 337-234-7573 or 877-234-7573 or contact us online to discuss your legal rights FREE of charge.