The off-shore maritime industry can be very dangerous. Off-shore workers, including commercial fishers, oil rig workers, and seafarers, face the risk of off-shore accidents and personal injury every time they go to work. Many of these brave workers live right here in Henderson.
If you or a loved one was recently a victim of an off-shore accident, an attorney from our firm can help. Our off-shore accident lawyers are proud to serve the Henderson area and can help you pursue compensation.
Causes of Off-Shore Accidents
Compared to the average land-based employee, off-shore workers are far more likely to sustain severe to fatal injuries. Off-shore accidents can happen when something goes wrong on the open sea and can be caused by many different things. Some of the causes of off-shore accidents include:
- Explosions: Oil rig workers are exposed to highly flammable chemicals, increasing the risks involved. Many off-shore accident deaths are caused by fires and explosions.
- Transportation: These accidents range from transport helicopters being struck by lightning to cargo boats capsizing in rough seas. Such accidents can cause severe injuries, including drowning.
- Dangerous Machines: Gas and oil workers use machines such as drills, hoists, rotating chains, big lifts, and traveling derricks. To minimize risks, workers should take precautions when using these machines. Disregarding safety precautions or using the machines in unsecured areas increases the risks of accidents.
- Chemical Exposure: Off-shore workers in the gas and oil industries can be exposed to toxic chemicals for long periods. Continuous exposure to these chemicals, especially without the right personal protective equipment, can cause serious illnesses like chemical burns, cancer, or leukemia.
- Slips and Falls: Slipping and falling can be common in the oil and gas industry. Since workers operate from elevated platforms, they require harnesses and other safety equipment to minimize falls. Issues such as incorrect rigging methods and harness failures can lead to nasty falls. Other incidents like being struck by equipment and slipping over tools and chemicals are also common causes of falls.
Off-shore workers have a right to pursue compensation regardless of the cause of the accident. However, before filing a claim, you must understand how to establish negligence and the laws of your claim.
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.
ClientThe Jones Act
Off-shore workers can pursue compensation under the Jones Act. The Jones Act encourages off-shore vessel owners to maintain a safe work environment and allows workers the resources to bounce back after suffering a work-related injury.
According to the Jones Act, you can file a claim or lawsuit if you sustain an injury due to negligence. Before filing a claim against your employer, you should report the injury to your immediate supervisor. Under the Jones Act, you have exactly seven days after the accident to do this.
Shipowners and employers can be held liable for off-shore accidents. An off-shore accident lawyer serving the Henderson area can investigate your case to determine the cause of the accident, establish negligence, collect evidence to support the claim, and negotiate with the liable party. They can also represent you in court if a settlement can’t be reached and handle all communications with your employer or insurance company to protect your claim.
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 | ClientLongshore and Harbor Workers Compensation Act
If you don’t qualify under the Jones Act, you may qualify for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA covers most maritime workers who suffer an injury at their workplace on or near navigable waterways. This includes dockworkers, harbor workers, shipbuilders, ship repairers, and shipping terminal employees.
Under the LHWCA, you do not need to prove negligence occurred in your accident to pursue compensation. However, you must file your injury claim within two years of the date of your accident and notify your employer of the accident within thirty days.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Your Lawyer Will Consider When Valuing Your Claim
When valuing your claim, your lawyer could consider:
- Medical Costs: You must seek medical attention immediately after the accident to secure your claim. Your lawyer can help you seek the right medical care if you need a specialist and add the value of the treatment and any necessary medical procedures to your claim.
- Your Injuries: Severe and life-threatening injuries are expensive to treat. Since such injuries can also affect the quality of your life, your lawyer can consider the financial, emotional, and mental effects of the injuries on your life.
- Loss of Income: You have a right to pursue compensation for the time you’ve had to miss work because of your injuries. If you cannot work in the same capacity due to this injury, you can also claim a loss of future income.
- Rehabilitation: Depending on the severity of the injuries, you might require physical therapy or physiotherapy to help overcome the trauma and heal.
If it applies to your situation, your lawyer can also pursue out-of-pocket expenses, pain and suffering, disability, and home or vehicle adjustment to accommodate a disability.
If the accident was fatal, surviving family members could claim final medical bills, funeral and burial costs, and loss of companionship. A Henderson off-shore accident lawyer can tell you more about what you may be eligible for and gently guide you through the legal process at this difficult time.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCall Laborde Earles Injury Lawyers Today
If you or a loved one is a victim of an off-shore accident, we can help. Your lawyer can fight to protect your rights, properly value your claim, negotiate your settlement, and offer solid legal counsel throughout the process.
In addition, here at Laborde Earles Injury Lawyers, our Henderson attorneys work on a contingency basis. This means that you won’t have to worry about paying any fees upfront. If we win and you obtain compensation, your lawyer will simply take his or her fees out of a percentage of your total settlement package. If we lose, you don’t owe us anything. Call us today to schedule a free consultation,
