There are plenty of qualified attorneys in St. Tammany Parish who handle maritime and offshore injury cases. You are doing your research, which means something has happened. Something serious enough that you are looking at legal options. No one reads lawyer websites until they need one.
Our clients came to us after offshore accidents, usually because of employer negligence or unsafe vessel conditions. This page explains how offshore injury claims work, what federal laws apply, and what Morris & Dewett offers. Read it. Compare us to other firms. Make the decision that is right for your situation.
What Are the Leading Causes of Offshore Accidents and Injuries?
There is no reason offshore workers should anticipate accidents or injuries. Like any other worker, they have a right to safe working conditions. Negligence arises all too often, causing offshore accidents on oil rigs, drilling platforms, barges, and other sea vessels.
That negligence can take many forms depending on how and where the accident occurs. Here are some of the most common types.
Offshore Explosions and Fires
Drilling, storing, and transporting oil and gas puts some offshore workers around volatile and combustible substances daily. With proper safety measures and equipment, workers should be able to do their jobs without being hurt in an explosion or fire. That does not always happen.
Negligence that can result in offshore fires and explosions includes:
- Collisions between vessels, oil rigs, or drilling platforms
- Failures to properly store oil and gas
- Failures to maintain equipment or pipelines
- Lack of safety training or equipment for workers
Offshore explosions and fires can cause severe burn injuries. They can also be deadly when explosions sink vessels or trap workers on oil rigs consumed by flames.
Toxic Exposures
Toxic substances are another prevalent hazard in the oil, gas, and maritime industries. Offshore workers may be routinely exposed to toxins including:
- Asbestos
- Benzene
- Hydrogen sulfide
- Industrial chemicals
These exposures can cause serious injuries when toxic substances leak or detection devices have not been installed. Workers may also lack proper training on how to handle releases. This type of negligence may come from an employer, contractor, or third-party company responsible for operations on oil rigs, drilling platforms, or sea vessels.
Equipment Failures
Design defects, manufacturing oversights, and failures to maintain industrial equipment used in offshore operations can cause accidents including:
- Falls
- Equipment collapses
- Crushing accidents
- Drownings
- Loss of limb
- Electrocution
Manufacturers, employers, and others can be liable when equipment failures cause offshore accidents and injuries.
Other Offshore Accidents and Injuries
Beyond explosions, fires, toxic exposures, and equipment failures, offshore accidents can happen on ship decks, tugboats, barges, commercial fishing boats, and various other vessels. Injuries can include:
- Traumatic brain injury (TBI)
- Spinal cord injury (SCI)
- Disfigurement and loss of limb
- Fatal injuries
No matter where or how your offshore accident occurred, an attorney can explain your rights and options and help you take the right steps toward financial recovery.
Offshore Accident Statistics
The latest offshore accident and injury statistics show how often serious injuries and deadly accidents affect workers on oil rigs, drilling platforms, and other vessels (source: BSEE).
An investigation revealed that BSEE is likely underreporting this data on offshore accidents and injuries. The U.S. Coast Guard is not consistently tracking or recording offshore worker deaths in state waters. The numbers likely only scratch the surface of the true number of offshore accidents that are hurting and killing workers.
Who Can I Sue After an Offshore Accident?
The answer depends on what exactly happened. Some potential options for pursuing financial recovery include filing a claim under:
The Jones Act: Also known as The Merchant Marine Act of 1920, the Jones Act is a federal law that gives certain maritime workers the right to sue negligent employers when their negligence results in accidents and injuries. Jones Act claims can also be filed on grounds that unseaworthy vessels caused injuries. Jones Act claims are not the same as workers' compensation claims. They can provide additional damages including compensation for pain, suffering, and loss of consortium.
The Longshore and Harbor Workers Compensation Act (LHWCA): LHWCA claims are for those not covered by the Jones Act, including shipbuilders, ship repair workers, harbor workers, pier and dock workers, and longshoremen. Similar to workers' compensation, LHWCA claims offer compensation for four types of disability: temporary partial, temporary total, permanent partial, and permanent total.
The Death on the High Seas Act (DOHSA): When deadly offshore accidents happen in international waters, a surviving spouse or dependent may be able to file a DOHSA claim. These claims can be filed after the death of maritime workers and non-workers, such as passengers killed in cruise ship accidents caused by unseaworthy vessels or negligence.
Louisiana tort law: If the negligence involved has come at the hands of a manufacturer or third party other than an employer, vessel operator, or fellow crewmember, there could be grounds to file claims against those parties as well. This can occur when defective or faulty equipment plays a role in causing an offshore accident.
Depending on the facts of your situation, you could have more than one claim.
Will I Get Fired or Blacklisted If I Sue an Employer for Offshore Injuries?
It is illegal for an employer to retaliate against you because you exercised your legal rights after an offshore accident. If you are fired for filing an injury case, you could have a wrongful termination claim. If a former employer works to have you blacklisted, that may give rise to a retaliation claim as well.
Many employers will go through proper legal channels to resolve a case. Some will not. Having an attorney in your corner matters when an employer or opponent refuses to follow the rules.
When Do I Need a Covington Offshore Accident Lawyer?
A Covington offshore accident lawyer can determine fault and explain what laws apply to your situation. Your attorney can identify which claims you qualify for, gather supporting evidence, and pursue the full range of damages available under maritime and Louisiana law.
How Much Are Offshore Accident Settlements and Compensation?
The injuries, damage, and losses caused by a specific offshore accident will affect the value of a claim. What you can prove also matters. Successful offshore accident cases may include damages for medical expenses, lost wages, pain and suffering, and loss of consortium, among other losses.
The strength of your claim depends on the facts, the applicable law, and how well those facts are documented and presented.