FAILING TO FOLLOW OR ENFORCE PROPER OFFSHORE SAFETY PROCEDURES
Offshore safety is incredibly important. Accidents happen fast in offshore environments. Thus, employers must maintain and keep a vessel in a reasonably safe condition. In fact, safety procedures and regulations are in place to keep workers safe. Particularly, The Jones Act, ensures employers provide seamen a safe place to work. This law has strict requirements. Indeed, almost any unsafe condition on a vessel can lead to liability, such as:
- grease or oil on the deck
- improperly maintained equipment
- not providing the crew with proper equipment
- improperly trained seamen or crew
- failure to require the crew to follow offshore safety work methods
MARITIME – ADMIRALTY – JONES ACT
Maritime law covers individuals injured on or near water. For example, individuals injured on a rig, dock, or boat can be:
- crew members
- offshore oilfield workers
Maritime law includes:
- Jones Act – Seamen with injuries due to the negligence of their employers can recover loses. For example, loses can include lost wages, pain and suffering, and medical bills.
- Unseaworthiness claims – Under The Jones Act, watercraft owners must provide and maintain a seaworthy watercraft. Employers are liable for injuries caused by an unfit watercraft. As well as it’s parts or machinery. A craft can also be unseaworthy with an unskilled or incompetent crew.
- Death On the High Seas Act (DOHSA) – This is a federal law. It allows the award of future earnings to the surviving spouse of a seaman killed in an accident.
- Longshoremen and Harbor Workers Compensation Act (LHWCA) – This law protects those who are not seamen injured on or near water.
Additional Sources: Occupational Health and Safety Administration
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OFFSHORE SAFETY REGULATIONS
It takes specialized knowledge and skill to represent those injured in offshore accidents. This knowledge is extremely important. Namely, due to the many people who work in the offshore oil business in Louisiana and Texas.
The Jones Act applies to workers employed on a large variety of vessels:
- drilling rigs
- inland water workers
- semi-submersible rigs
- towboats / tugboats
- crew boats
- cargo ships
- dredging equipment
- fishing boats
- any movable watercraft
What is the Jones Act?
Employers must compensate seamen for injuries caused by negligence. Likewise, families of deceased seamen. According to the Jones Act, a “seaman” is any person given a task toward the mission of the vessel. For example, workers covered by the Act can include:
- boat captains
- fish processors
- maintenance staff
- cruise ship entertainers
Moreover, preventing accidents and offshore safety is the responsibility of a seaman’s employer. Indeed, employers must provide safe working conditions. Similarly, they are also responsible for regular maintenance and training. In some instances, seamen can pursue unseaworthiness claims against multiple entities. For example, if the owner of the vessel is different from the employer, both are liable.
Offshore Accident Attorney
Filing claims for compensation under the LHWCA has a short statute of limitations. With this in mind, don’t wait to get help. We have 20 years of experience representing offshore workers.
The Law Offices of L. Clayton Burgess are aggressive in their pursuit of justice for clients. Insurance companies will fight to pay the least amount to injured workers. Accordingly, we will fight for your medical and financial compensation.