Offshore Safety Laws
With many people from New Iberia, Louisiana, working on the Gulf Coast on barges, oil rigs, and vessels, it’s important to understand the laws that protect injured workers. We are happy to share our knowledge of maritime laws with all our clients.
The Bureau of Safety and Environmental Enforcement (BSEE) reported two fatalities and 164 injuries among offshore workers in 2021.
Offshore employees work away from or a certain distance from the shore, typically at sea. Therefore, your line of work in the maritime industry may determine your legal options to recover damages.
Louisiana’s Port Security and Safety Plan
The Louisiana Revised Statutes 34 § 340.21 allows each port to determine its security and safety plan. The plans cover all facilities, ships, and employees connected to the port, so it is important to seek the advice of a lawyer familiar with your location.
Offshore workers are among the few groups not eligible for typical workers’ compensation benefits. The main federal law, the Jones Act, will likely cover your claims. However, other laws might apply to your case.
Longshore and Harbor Workers’ Compensation Act
Other federal and state laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), also govern compensation for workers who sustain injuries. This Act provides for the compensation of those who work around the navigable waters of the country.
The covered employees include those in construction, repair, loading, and offloading. However, not all workers can claim compensation under the Longshore Act. A New Iberia workers’ compensation lawyer can determine which Act covers your case.
The Jones Act
The Merchant Marine Act, also known as the Jones Act (U.S. Code 46 § 30104 ), of 1920 is a federal law protecting offshore workers. Under this Act, workers can file a formal lawsuit against their employers if they are hurt. To be eligible under the Jones Act, you must qualify as a seaman by their definition: a crew member of an offshore vessel on rivers, oceans, or offshore waters. The Jones Act also applies to gas and oil workers.
Offshore vessels include the following:
- Floating barges
- Diving vessels
- Cruise ships
- Tankers
- Drillships
- Cargo vessels
- Fishing boats
- Other work-related water worthy crafts
You may need to file a claim with your employer’s insurance provider. With the Jones Act, you have to prove that negligence caused the offshore accident and, thus, the resulting injuries.
Laws Governing Offshore Deaths
You may make a legal claim under the Death on the High Seas Act (DOHSA) for the wrongful death of a loved one. This federal law was passed by Congress in 1920 to compensate the families of seafarers who died due to negligence or wrongful acts on the high seas.
These offshore safety laws are in place to ensure your employer provides a safe work environment. Any negligence that leads to an accident and subsequent injury is typically covered under law or statute.
A New Iberia offshore injury attorney at our firm can help determine under which laws you can pursue a compensation claim.
