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Working in an offshore position – defined as at least 3 miles from shore - can be a dangerous occupation due to the high rate of accidents that occur. Although safety measures are practiced, serious injuries and fatalities from this type of work still occur. These offshore accidents are often made more difficult because of the distance, limited medical treatment and delays due to the weather while offshore.

Examples of injuries that result from offshore accidents frequently include: cervical and lumbar sprains, herniated and ruptured discs, fractures, knee injuries, brain damage, and paralysis.

Injuries occurring offshore are legally very unique. Generally, the law which applies in these cases falls under Admiralty and Maritime Law, which are synonymous. Admiralty and Maritime law is defined "as the traditional body of rules and practices relating to commerce and navigation or to business transacted at sea or to general maritime affairs." States generally have no jurisdiction to legislate or govern in these matters.

The specific laws controlling an injury claim will depend on many factors, including, but not limited to:

• Location of the injury
• Type of vessel on which the injury occurred
• Employer of the injured worker
• Occupation of the injured worker

Admiralty and Maritime Law covers:

• personal injury
• property damage and collisions
• insurance coverage
• contract review and drafting
• cargo claims
• aviation accidents
• shipyard disputes
• drilling and down hole accidents

Traditionally, Maritime and Admiralty law only applied to commercial and ocean-going vessels. Today, the addition of recreational vehicles meeting the conditions that trigger these laws are becoming more common. If the accident occurs on navigable waters and there is a relationship between the accident and traditional maritime activities, the Admiralty or Maritime laws will govern regardless of the type of boat.

Common types of accidents governed by these laws:

• Collisions
• Fires
• Explosions
• Running aground
• Flooding or sinking
• Capsizing
• Falls overboard
• Wrongful death
• Serious injury

There are acts that specifically offer offshore employees an avenue to address their personal injury claims.

1. The Jones Act

Workers injured aboard offshore drilling rigs are typically covered under this act. The Jones Act is a federal law that provides benefits to workers who are injured because of the negligent acts of their employer or coworkers. Benefits include both maintenance (costs incurred during recuperation) and cure (medical care). Settlements generally run much larger than workers compensation cases.

"Seaman" is a broad term that includes sailors and workers on offshore oilrigs, semi-submersible rigs and drill ships. Workers can be drillers, roughnecks, engineers, oilrig tool pushers, cooks and others.

2. Unseaworthiness

These types of claims offer another avenue to address personal injury. An unseaworthiness claim arises because of an injury sustained due to unsafe conditions existing on a vessel. It also includes dangerous conditions arising during the voyage or created by employees or independent contractors. An unseaworthiness claim is made against the vessel's owner.

A vessel owner owes a seaman an absolute duty to provide a seaworthy vessel and competent crew. The vessel must be reasonably fit for its intended use and a safe place to work and live. Seamen are among the few persons who can sue their employer for negligence.

3. Longshoreman and Harbor Workers' Act

This Act was created to fill the gap between the Jones Act and state workers' compensation programs. The compensation system is administered by the Federal Department of Labor. Injured workers who qualify for coverage are entitled to disability benefits.

If you are an injured maritime worker, or were injured while on a ship, or offshore structure or platform, you must take the proper steps to protect your right to recover for your injuries. You may be entitled to recover for pain and suffering, medical expenses, property damage, lost wages and loss of earnings and earning potential. Contact an experienced attorney as soon as possible to ensure that your rights are protected. These cases are very complex, so it's important to have an attorney be involved as early in the case as possible.
 

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