Maritime work can be very hazardous to the people who work in the industry. Off-shore oil and natural gas rigs are among the most dangerous workplaces in the country. According to the Centers for Disease Control and Prevention (CDC), off-shore workers are more likely to sustain severe injuries, illness, and even die than other employees. It is a risk these workers face every day simply doing their job.
If you’re a maritime worker who has been hurt in an off-shore accident, a lawyer from our firm can help. A Cankton off-shore accident lawyer could help you pursue compensation for medical care, time off work, and more.
Legal Protections for Off-shore Workers
All regular employees who work on the mainland are covered by Workers’ Compensation Programs when they’re injured on the job. However, off-shore workers who work in stressful, hazard-filled environments are protected by different federal laws. The following two policies grant off-shore workers a chance to pursue compensation when they are injured on the job:
The Jones Act
The Jones Act covers off-shore workers employed on sea vessels not connected to the seafloor. This includes drillships and floating oil rigs (as long as they have some form of navigation). It allows ‘seamen’ who’re injured while on the job to sue their employers for damages. However, you must meet the three following conditions to qualify as a Jones Act seaman:
- You should be employed on a navigable vessel, with your work contributing to the overall mission of the ship.
- The vessel should be in navigation on either the ocean or inland waterways.
- You should have spent more than 30 percent of your time aboard the ship.
This means that anyone who works on a maritime vessel (and meets the above requirements) is eligible to sue for damages under the Jones Act, whether it’s a ship captain or an onboard engineer. However, under the Jones Act, negligence must have taken place and contributed to your accident. A lawyer serving the Cankton area can help determine the responsible party for your off-shore accident.
The Longshore and Harbor Workers’ Compensation Act
Off-shore workers who are hurt on the job can file an injury claim for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA covers most maritime workers who aren’t considered official seamen and wouldn’t qualify for the Jones Act, as long as they work on or near navigable U.S. waters.
To be eligible for LHWCA coverage, you must spend most of your working hours building, maintaining, loading, or offloading maritime vessels. The federal law also provides coverage for employees who work in regions that adjoin the ocean or other bodies of water, like piers, docks, wharves, and shipping terminals.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow Can a Cankton Off-shore Accident Lawyer Help?
Off-shore accidents can happen miles away from the shore (sometimes far away from medical help) and can result in severe injury. The days and weeks after the accident will most likely be a flurry of activity. Depending on the severity of your injuries, you might be unable to get back to work.
Pursuing compensation can be complex. It involves filing relevant paperwork, collecting evidence, interviewing medical professionals, and negotiating with the insurance providers for your settlement. On top of that, you must be aware of the various damages available to off-shore accident victims and which ones you might be eligible for. All of this could be overwhelming at the best of times. A Cankton off-shore accident lawyer could:
- Interview eyewitnesses
- Study available evidence including photos, video surveillance, and police reports
- Negotiate with insurance adjusters and your employer’s attorneys
- Work with your doctor to determine the severity of your injuries and the potential cost of treatment
- Investigate your case to determine cause and liability
- Keep you updated on developments in your case
- File all paperwork related to your case properly and on time
- Represent you in court if necessary
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages You Could Pursue After a Cankton Off-shore Accident
If you’ve sustained injuries in an off-shore accident, you might be entitled to some of the following damages:
Past and Future Medical Expenses
You could pursue more than just your emergency treatment costs. Your damages could include the cost of transportation to the hospital, admission, medications, and follow-up visits. This damage also covers diagnostic testing, surgical procedures, medical equipment, physical therapy, and rehabilitation.
Pain and Suffering
This damage compensates you for the physical, emotional, and mental pain you endured from your off-shore accident injuries. Your lawyer could work with other professionals, such as your doctors and psychiatrists, to put a monetary value on the pain and suffering you endured.
Lost Wages and Loss of Earning Potential
After an accident, you may be out of work as you recuperate. This damage is meant to compensate you for all the income you lost when injured. It also provides coverage for the period you were unable to work due to your injuries.
Wrongful Death
If you’ve lost a loved one in an off-shore accident, you may be entitled to survivor’s benefits. A wrongful death claim could provide enough compensation to cover the deceased’s funeral and burial costs, their treatment costs, the pain and suffering caused by the off-shore accident, and your own loss of companionship. An off-shore accident lawyer serving the Cankton area could tell you more and guide you through the legal process during this difficult time.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientContact Laborde Earles Injury Lawyers Today
Off-shore accidents may cause severe injuries, but they don’t have to plunge you into financial ruin. You might be entitled to monetary compensation, and our off-shore accident lawyers could help you pursue it. In addition, our attorneys work on a contingency basis. This means you don’t have to worry about paying any upfront legal fees out of pocket.
Our Cankton off-shore accident lawyers are ready to start working on your claim. Call Laborde Earles Injury Lawyers today to schedule a free case review.
