Without experienced legal help, maritime workers may have a difficult time recovering compensation for a workplace injury. Federal laws governing these claims can be complex and confusing, which may make it easier for employers to deny legitimate claims. If injured on the job, an offshore accident lawyer in Lafayette can help.
The Lafayette offshore injury lawyers at Galloway Jefcoat have extensive knowledge and experience with these types of claims. Partner Rusty Galloway even spent some time working on oil rigs. He knows how oil companies cut corners, putting profits over worker safety.
Schedule a free consultation with one of our Lafayette personal injury lawyers today.
Are You Covered by the Jones Act?
If you spend a minimum of 30% of your time working as a captain or crewmember on a seafaring vessel, including oil rigs, you are likely considered a seaman and covered by the Jones Act.
This federal law gives eligible maritime workers the right to sue an employer to recover compensation for injuries suffered on the job. Workers must prove the injury resulted from their employer’s negligence to recover compensation.
Employees who perform a variety of functions connected to the mission of the vessel may be covered by the Jones Act, including:
- Pilots
- Deckhands
- Cooks
- Drillers
- Divers
- Fishermen
- Stewards
- Bartenders
- Anchors
- Engineers
- Mates
- Captains
Most employees who work on seafaring ships, tugs, fishing boats, barges, and dredges are considered seamen under the Jones Act. You may also be covered if you do at least 30% of your work on a:
- Drill ship
- Cruise ship
- Charter boat
- Ferry
- Oil tanker
- Jack-up rig
- Commercial fishing boat
- Charter boat
- Diving support craft
The administrative support staff on a seafaring vessel is not covered by the Jones Act. Even though their work is necessary, they usually do not spend much time on the vessel itself.
Additionally, the vessel you work on must be in navigation, or you will not be covered by the Jones Act. In other words, the vessel must be floating and capable of moving.
The vessel could be tied up, sitting in a dock, but if it is floating and capable of moving, it fits the definition of “in navigation.” The vessel must also be on navigable waters, which are waters used for interstate or foreign commerce.
Our experienced Lafayette offshore accident lawyers know how to determine eligibility for a case. We have more than two decades of experience helping injury victims in Louisiana secure compensation. We are prepared to guide you through every step of the process.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
Our Offshore Accident Attorneys in Lafayette Can Help You Determine Liability in a Jones Act Claim
Unlike workers’ compensation claims, offshore victims must prove their injuries resulted from the negligence of the owner or a crew member on the vessel where they worked.
In a Jones Act claim, negligence refers to the failure of a crewmember or vessel owner to use ordinary care to keep the vessel in a reasonably safe condition. If there is a failure to apply ordinary care, your employer may be liable for any damages you suffer.
Your employer could be held liable for any unsafe conditions that cause injuries, such as:
- Ladders or handrails with no grip strips
- Failure to have a fire extinguisher on the vessel
- Failure to properly maintain equipment/machinery
- Slippery walking surfaces, such as surfaces with grease spilled on them
- Failure to provide safety equipment
- Failure to train members of the crew on safety
- Not performing routine safety inspections
- Failure to provide procedures for evacuating the vessel
- Operating the vessel at an unsafe speed
- Assault by a crewmember
- Crashing into another vessel
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
Filing a Jones Act Claim
The legal process for filing an offshore accident claim can be complex, particularly for maritime workers protected under federal laws like the Jones Act. Our offshore accident lawyers serving Lafayette are here to guide you through every stage of the process, from your initial consultation to final settlement or court verdict.
Here’s a general outline of what you can expect when you work with a member of our team:
- Initial consultation: We begin by reviewing the facts of your case during a free consultation. This includes how the accident happened, the nature of your injuries, and your work history.
- Eligibility assessment: Our team determines whether your case falls under the Jones Act or another maritime law, such as general maritime law or the Death on the High Seas Act.
- Investigation and evidence gathering: We conduct a thorough investigation, which may include reviewing maintenance logs, safety procedures, training records, medical reports, and witness statements.
- Filing a claim: Once we establish a legal basis for the claim, we file it with the appropriate court or negotiate directly with the employer or vessel owner.
- Negotiation or Litigation: Many maritime injury claims are settled out of court, but if a fair settlement isn’t offered, we are fully prepared to take your case to trial.
Throughout the process, we keep you informed of your options, potential settlement offers, and the expected timeline for resolving your claim.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Can Shipowners Be Held Responsible for Injuries?
Yes, you may have a claim if your lawyer can prove the vessel was unseaworthy. Under maritime law, a vessel can be considered unseaworthy and still be able to sail or navigate the water.
The key question is whether the vessel had safe and suitable appliances that crewmembers could use to complete their work.
For example, if the owner of the vessel refuses to make repairs and you suffer injuries because the vessel is in disrepair, you may have a viable claim against the owner of the vessel.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Compensation Provided by The Jones Act
Seamen have the right to maintenance and cure for on-the-job injuries, regardless of whether your lawyer proves your employer was negligent.
Maintenance
Maintenance refers to compensation for a worker’s daily living expenses (rent, groceries, utilities, property insurance, property taxes, etc.).
Federal law does not set a daily rate for maintenance benefits. However, if you are part of a union, the rate for maintenance payments may have been collectively bargained.
While the daily amount seamen receive varies from case to case, it could range anywhere from $12 to $50 per day.
Cure
This refers to payment for necessary medical care, which may include the cost of:
- Emergency treatment
- Hospital stays
- Surgery
- Prescription medications
- Physical therapy
Expenses like these should all be covered by your employer, as required by the Jones Act.
You are eligible for maintenance and cure from the moment you get injured to the point you reach maximum medical improvement. This is the point where your injuries have completely healed or are unlikely to improve much with continued treatment.
Personal Injury Damages
The Jones Act gives you the right to file a lawsuit over an on-the-job injury. That means you may be able to pursue the same types of damages you would pursue in a personal injury claim, such as:
- Lost wages
- Pain and suffering
- Lost enjoyment of life
- Lost companionship
You may also be eligible to pursue lost earning capacity if you cannot work in the same position or career as before, and this results in you making less money than you previously did.
The value of any Jones Act claim needs to be assessed on a case-by-case basis. It is important to review the situation with an experienced attorney who has a proven track record of recovering compensation in these types of claims.
Filing a Claim if Your Loved One Died Working at Sea
If your loved one died while working offshore, you may be eligible to file a claim under the Death on the High Seas Act (DOHSA). The law covers maritime workers who died three or more nautical miles away from shore.
The purpose of a DOHSA claim is to secure compensation for spouses, children, and others who were dependent on the deceased (parents, brothers and sisters, grandparents).
Your attorney must establish that your loved one’s death was caused by the negligence of another. While there are many examples of negligence that could give rise to a DOHSA claim, some of the most common include:
- Not following appropriate safety procedures
- Fires or explosions aboard the vessel
- Defective equipment on the vessel
- Failing to provide appropriate medical care
- Poor training of crewmembers
- Sinking or overturning of the vessel
If your claim is successful, you may be eligible for compensation for:
- Funeral costs
- Lost wages
- Lost benefits, including pension benefits
- Psychological counseling
Unlike Jones Act claims, you can only seek compensation for pecuniary or economic damages. That means you cannot seek compensation for your loved one’s pain and suffering before death.
If a maritime worker contributed to his or her own death, it is still possible to file a claim and recover compensation. However, the final award may be reduced by the worker’s percentage of fault.
The deadline for filing a DOHSA claim is three years from the date of death. If you do not file within that time, you will likely lose your right to do so.
Maritime and Admiralty Laws
Maritime and admiralty laws are a distinct body of legal rules governing activities and injuries that occur on navigable waters. These laws differ significantly from traditional state-based personal injury laws.
In addition to the Jones Act and the DOHSA, other legal doctrines that may apply to your offshore injury claim include:
- General Maritime Law: Provides the right to maintenance and cure, regardless of fault, and may also allow claims for unseaworthiness of a vessel.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA): Covers workers not considered “seamen” (like dock workers and shipbuilders) who were injured on navigable waters or adjoining areas.
- Limitation of Liability Act: Allows vessel owners to limit their liability to the value of the vessel unless they are found to have privity or knowledge of the negligence.
Understanding how these laws intersect and which ones apply to your specific job and injury is critical. Our offshore accident attorneys serving Lafayette have decades of experience handling these cases and building strong claims based on the applicable statutes.
Steps to Take After Suffering an Offshore Injury
The most important step after suffering an injury is to obtain medical care. You need to be examined by qualified health care professionals who can diagnose and stabilize your injuries to prevent them from getting worse.
Make sure to explain how the injury happened and all the symptoms you are experiencing. As you go through treatment, update your doctors on new or worsening symptoms, as well as any improvements in your condition. Taking these steps helps to ensure your injuries and response to treatment are properly documented.
Not only is it important to show the severity of your injuries, but it is also important to establish how seriously you are taking the management of your care.
Your employer may try to attack your credibility or claim your injuries are not that serious. This tactic becomes much harder if you have been following your doctor’s treatment recommendations.
Seek a Second Opinion
Sometimes, victims are examined by their employer’s medical staff. If this happens, you may want to seek a second opinion from another doctor. Medical professionals working for your employer may downplay the severity of your injuries to reduce the value of your claim.
Report the Injury
Report the injury to your employer immediately. However, you should never sign anything other than an initial report. If you sign other documents, you may be signing away your rights. You should review these other documents with your attorney first.
Your employer may ask for a recorded statement, but you are not required to give one early in the process. You should only provide such a statement with help from a licensed maritime Lafayette offshore accident attorney.
You may want to write down what you remember about the accident while it is fresh in your mind. That way, you can easily refer to important details later when needed.
Find an Attorney
Your choice of a lawyer can be one of the most important decisions you make. You need an experienced attorney with extensive knowledge and resources to build a strong case.
Galloway Jefcoat is here to help. We have been helping injury victims in Louisiana for more than 25 years.
Common Injuries in Offshore Accidents
Offshore work is physically demanding and dangerous. Injuries can range from mild to catastrophic, and the type and severity of your injury will directly affect the compensation you can recover and the process for reaching a resolution.
Some of the most common offshore injuries include:
- Traumatic brain injuries (TBIs): These injuries are often caused by falls, being struck by equipment, or explosions. These cases can involve long-term cognitive or neurological effects.
- Spinal cord injuries and paralysis: These injuries may result in partial or full loss of mobility. These are high-value claims that require expert medical testimony.
- Burns: Burns often result from fires, explosions, or contact with hazardous substances. Burn cases often include significant pain and suffering damages.
- Crush injuries or amputations: These injuries typically occur due to malfunctioning machinery or heavy equipment accidents. These can lead to permanent disability and lost earning capacity.
- Broken bones and orthopedic trauma: These damages are common in slip-and-fall accidents or heavy lifting scenarios. Recovery may be long and require surgery or physical therapy.
- Occupational illnesses: Long-term exposure to chemicals, loud noises, or poor air quality can cause hearing loss, lung disease, or other chronic conditions.
The more severe or disabling the injury, the more thorough documentation and expert testimony are needed. Medical records, treatment plans, and employer safety violations all play a role in how your case is evaluated.
Injured at Sea? Call Our Lafayette Offshore Accident Attorneys Today
Our firm was founded by Rusty Galloway and John Jefcoat, both Lafayette Parish natives, in 1996. Since that time, we have built a record of success serving injury victims throughout Louisiana.
We offer free initial consultations with no obligation to take legal action. This is an opportunity for us to learn more about your claim and for you to learn how we may be able to help you.
If you are the victim of a maritime injury, we have the resources, experience, and knowledge to guide you through the legal process. Our office in Lafayette is just a 15-minute drive from the Lafayette Consolidated Government office.
We represent workers in Lafayette, Lake Charles, Calcasieu Parish, and the surrounding Louisiana coastal region.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."
