Offshore Accidents and Injury Claims
Simon Herbert & McClelland LLP represents people and families of loved ones that have been injured in accidents offshore. We handle cases from our Houston Texas offices but represent injury victims throughout the United States and around the world that have been injured offshore. From oil workers who have suffered an Offshore Injury on the Texas intracoastal waterways as well as in the Gulf of Mexico, to those injured on oil platforms in the Atlantic Ocean, Pacific Ocean, or off the coasts of South America, Africa, Central America, Asia and Southeast Asia, to those injured on cruise ships; we are here to help with your Offshore Injury claim.
Offshore Injuries tend to be quite unique in that, an offshore injury doesn’t usually fall under any particular set of Texas State laws. Since most Offshore Injury claims happen at sea and are “Offshore”, there are various federal and international laws which regulate Offshore Injuries. The particular law controlling an Offshore Injury claim will depend on numerous factors, which may include; the geographical location of the injury, the type of ship or vessel which the Offshore Injury occurred on, the occupation of the injured worker, the type of injury sustained, the actual employer of the injured worker as well as other facts specific to the particular case.
Offshore Injury claims are extremely complicated and you may have significant rights against various different parties depending upon how your Offshore Injury occurred. Depending on the facts of your Offshore Injury your rights to recover a claim may fall under one or more or the following;
The Jones Act
The purpose of the Jones Act is to protect injured or ill “seaman.” A “seaman” is generally a person employed on a vessel or movable other structure navigated or floating on an ocean or intra-coastal waterway who contributes to the vessel or structure’s function or mission. The definition of a “seaman” generally does not include a longshoreman, pilot, or other person who works on a stationary platform. Various Offshore Injuries, including those on offshore oil rigs, are covered by the Jones Act. Settlements in Jones Act cases can be significant.
The Longshore and Harbor Workers’ Compensation Act
Offshore or Maritime workers who have suffered an offshore injury or illness during the course of employment on a vessel or other floating movable structure may be entitled to compensation under the ” The Longshore and Harbor Workers’ Compensation Act. ” The Longshore and Harbor Workers’ Compensation Act covers maritime workers who are not eligible for protection under the Jones Act because they do not meet the definition of “seamen.” Settlements in Longshore cases can be significant.
The Death on the High Seas Act
This Federal law may apply when a person dies while on the “high seas”. High seas are defined to be at least 3 miles off the United States coastline, however in some cases it may be extended further based on the original wording of the statute. The beneficiaries such as a spouse or child may be able to recover damages for the loss of a loved one, however recovery of such damages may be limited depending on the particular facts of the case.
Getting Compensation for Offshore Accidents and Injuries
Getting financial compensation for an offshore injury or injuries that occurred offshore can be complex. Knowing what laws apply and the different parties responsible or liable for an offshore injury can be the key to getting the maximum financial compensation you may be entitled to. At Simon Herbert & McClelland LLP we have years of experience in offshore injury claims and have recovered millions for our injured clients. We may be able to help you.
If you have questions about an Offshore Injury you sustained or if a family member was injured or died while working offshore, in the Gulf of Mexico, or on a boat at sea anywhere in the world, please contact the Offshore Injury lawyers at Simon Herbert & McClelland LLP for a free case review. Call 800-741-0718 to talk with an offshore injury lawyer.