If you were in an offshore accident, you may have the right to pursue compensation for your losses. While seamen are not eligible to file for workers’ compensation, you may be able to seek compensation for your injuries under a federal admiralty law called the Jones Act.
Our offshore accident lawyer in Lake Charles can provide you with the support you need in these complicated cases. At Galloway Jefcoat, we believe in fighting for victims. Set up a free consultation now with our Lake Charles personal injury lawyer. We have been in business for over 30 years.
Why You Need Our Offshore Accident Lawyer on Your Case
At Galloway Jefcoat, our lawyers have a thorough understanding of the federal admiralty law governing these complex claims. We have helped many marine workers secure compensation. While each case depends upon its own facts, we routinely recover six and seven-figure amounts for maritime workers who have suffered back injuries.
Founding partner Rusty Galloway also personally spent time working on an oil rig. This experience has given him an in-depth understanding of the unique hazards maritime workers face on the job.
Call our firm to learn about your legal options in a free case review – with no further obligation. With the guidance of our offshore accident lawyer in Lake Charles, you will have clear insight into your rights as well as the legal steps you can take to resolve your case. Do not settle for unfair terms when you can work with John Jefcoat, one of our co-founders.
"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."
Offshore Injury Risks and Why These Accidents Happen
Offshore work is always dangerous due to the conditions present and the intensity of the work involved. Yet, employers and property owners owe you a duty of care, meaning they must do all that is possible to protect you from the worst outcomes. Some of the most common risks in these positions include:
- Fatigue: Those working long hours may be at higher risk of injury.
- Unmaintained equipment or surfaces: These often lead to slip-and-fall accidents, especially on wet, oily, or uneven surfaces.
- Lack of safety gear: With high winds, confined spaces, and heavy rain, proper safety gear in good working order is critical but not always available.
- Poor training: This often results in serious injuries due to a lack of knowledge about how to handle high-risk situations.
- Exposures: Chemical exposures, fire-related hazards, oil- and gas-related hazards, and explosions often occur due to poor ventilation and inadequate safety standards.
These are hard jobs, and you knew that. But you also have the right to expect your employer to keep you safe on the job. When they violate those rights, you can seek legal support. Even if you are not sure, contact our offshore accident lawyer in Lake Charles for guidance. Watch our videos to learn more.
"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"
Know Your Maritime Legal Rights
To know if you can take action, we encourage you to reach out to our attorney now. We will provide a formal case review to determine the details applicable to your case. Here is an overview of maritime legal rights:
- Jones Act Protection: This act allows seamen to sue employers for negligence if they are hurt while working.
- Seaman’s Rights: Referred to as Maintenance and Cure, this gives injured sailors the right to living expenses and medical costs without needing to prove an employer was negligent.
- Unseaworthiness claims: These apply in cases where injuries result from gear, the vessel, or the crew being unfit.
- Passenger rights: If you are a passenger on board a vessel, the owner could be at fault for your injuries.
Unsure if you have a case? The following details break down the process further. Remember that a formal consultation is ideal.
"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."
Determining Eligibility for Filing a Claim
Numerous factors exist that may make it possible for you to file a claim. You must be qualified in several ways to seek legal action. This area of the law can be complex.
To find out if you have a claim, start by contacting our offshore accident lawyer in Lake Charles. Let us review your case and incident details to determine the best step forward. There is no cost for this.
Federal laws govern your right to file a lawsuit or seek compensation based on numerous stipulations. After you receive care, we encourage you to speak to an attorney before agreeing to any compensation. However, the following factors can help show you when you may qualify.
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You Are an Eligible Seaman
Under maritime law, an eligible seaman works on a single navigable vessel or between various vessels of a single fleet. Work duties must directly contribute to the overall purpose or function of that vessel. Examples of the types of workers that may qualify as an eligible seaman under the Jones Act include:
- Captains
- Divers
- Drillers
- Deckhands
- Engineers
- Fishermen
- Cooks
- Bartenders
- Waiters
- Electricians
If you hold one of these positions or others, speak to our legal team. We will determine the applicable maritime laws for your specific situation.
You Must Meet the Percentage of Time Requirements
The law only states that a seaman must spend a “significant amount of time” on a single navigable vessel or multiple vessels of a specific fleet. However, in a court of law, it is defined as at least 30 percent of your duties being performed on one navigable vessel or across two or more vessels of the same fleet. If you are a seaman and you meet this requirement, we encourage you to reach out.
The Vessel You Work on is “In Navigation”
Another factor to determine if you can file a claim is the vessel you are on at the time of the accident. The law requires several elements for you to apply for compensation. For a vessel to be considered “in navigation,” it must be fully functioning and seaworthy. In short, it must be:
- Afloat – This could mean tied up or anchored, but not out of water on blocks or in a dry dock area.
- Operational – fully functioning
- Able to move on its own power, which means it is seaworthy
- On navigable waters – Any body of water that enables either interstate or foreign commerce can be considered navigable water.
For example, if a ship is being repaired, but remains on the water, it will likely be considered navigable. There are limitations to this, and we can go over those with you during your consultation.
You Are On the Right Type of Vessel
Clarity on vessels is important. Remember, the vessel must be “in navigation” for you to qualify. Common types of vessels that may be deemed as “in navigation” include:
- Barges
- Cargo Ships
- Charter boats
- Commercial fishing boats
- Cruise ships
- Diving support crafts
- Drill ships
- Ferries
- Jack-up rigs
- Offshore dredges
- Oil platform supply and service boats
- Oil tankers
- Tugboats
- And more
There are numerous situations where a ship may not qualify. A ship that is still under construction, as it is neither fully functional nor seaworthy, may not qualify. An oil drilling platform also does not qualify. These vessels, which are permanent structures anchored to the ocean floor and cannot move, are not navigable.
Your Injuries Were Caused by Another’s Negligence
The Jones Act (Page 209 TITLE 46—SHIPPING § 30104 (b) PROCEDURE) only permits eligible seamen to seek financial compensation if they are hurt in an offshore work incident and can prove that their injuries were caused by the negligence of:
- The vessel owner
- Ship operator
- One or more other seamen
Seamen may also sue their employer for injuries caused by a manufacturing or design defect that made a vessel unseaworthy. Unsure whether you qualify for compensation under the Jones Act? Call for your free, no-obligation consultation to learn if you have a case. Our attorneys are ready to help. Call for a FREE case review to get started.
Understanding Negligence Under the Jones Act
Under maritime law, employers have the responsibility of ensuring seamen have a safe work environment. This law applies whether the ship is temporarily in port or in navigation. Employer responsibility for a safe environment may include:
- Ensuring all vessel decks are free of hazardous obstacles, such as unsecured cargo or a slippery oil or grease spill
- Checking that on-board equipment is maintained, functioning as intended, and regularly inspected for repairs or defects
- Verifying the training and qualifications of all crew members
- Ensuring all required tools and materials are on board for the crew, and maintaining ship safety
- Taking measures to ensure adequate security and oversight to prevent physical assault between crew members
- Following procedures to avoid dangerous storms or other serious weather conditions that could cause harm
- Creating and implementing safe operating procedures on board the vessel
If your injuries are the result of your employer’s negligence in one or more areas, you may be eligible to seek compensation for your damages.
Seamen Can Be Negligent
Seamen may also be injured through their coworkers’ negligence. For example, a coworker may have been negligent if they:
- Did something that a reasonable or prudent person would not do
- Failed to take action that a reasonable or prudent person would have taken
- Failed to take reasonable measures to avoid either injuring themselves or causing harm to others
For example, if you were injured by a crewmember who was under the influence of drugs or alcohol, you may be eligible to seek compensation under the Jones Act. However, if you were intoxicated and suffered an injury, you may be ineligible to file a claim.
Vessel Owner Negligence
A vessel owner may be found negligent for claiming a vessel as seaworthy while being aware of one or more conditions that could be hazardous to crew members. For example, say a vessel has a winch used by crew members to lift and move heavy objects. The vessel owner is aware that their vessel’s winch is old or in need of maintenance, but refuses to repair it.
While in navigation, crewmembers use the winch, but due to its disrepair, it malfunctions and drops the object onto one or more crewmembers. In this situation, the vessel may be considered unseaworthy, and the victim may have a claim against the vessel owner.
These are challenging cases that require the guidance of an attorney who understands the complexity of offshore laws. Our team does, and we have a long history of pursuing every avenue possible to build your claim and maximize your recovery of damages. Set up a free consultation with us now to learn more.
Determine the Value of an Offshore Accident
One reason to work with our Lake Charles offshore accident attorney is the significant complexity involved in recovering fair compensation. You may not know what is owed to you or what you even qualify for in most cases. Not every personal injury attorney handles these cases due to the complications involved.
Our objective at Galloway Jefcoat is to build a claim that encompasses all losses owed to you. We will always seek maximum compensation in these cases.
The value of an offshore injury varies and is determined by several contributing factors. These considerations may include the type and severity of your injury, the treatments you need to continue your recovery, and more. If eligible, compensation you may seek under the Jones Act could include the following types.
Maintenance and Cure
Under the Jones Act, there are certain expenses that seamen have a right to, regardless of whether an attorney establishes negligence for an injury. This compensation is provided by the employer during a seaman’s recovery period.
Maintenance refers to room-and-board expenses, such as rent, mortgage payments, utilities, food, and even property taxes. However, a seaman’s car payment, phone bill, and internet costs are not included in this benefit. Cure benefits provide seamen with the reasonable and necessary medical coverage for their injuries, as well as any transportation costs incurred to get this care. Cure may cover:
- Surgeries you may need
- Physical therapy
- Rehabilitation services
- Special mobility assistive devices
- Mental health counseling
- Follow-up doctor appointments
Maintenance and cure payments, like workers’ compensation, are paid by the employer’s insurance carrier and are paid on an ongoing basis to the injured seaman, either weekly or bi-weekly. Once the seaman reaches their maximum medical improvement (MMI), the payments cease.
Loss of Earnings
The loss of wages while recovering can be devastating for a maritime worker and their family. In addition to mounting medical costs, everyday living expenses can quickly lead to serious financial strain. Our lawyers may be able to pursue compensation for wages you have already lost and wages you may lose in the future if you cannot return to your former position.
Pain and Suffering
Beyond the real damages of medical costs and lost wages, injured victims often suffer emotional trauma, mental anguish, physical pain, anxiety, and many other psychological issues that may be compensable through pain and suffering damages.
Death of a Loved One at Sea
If you have a family member who suffered a fatal offshore injury three or more nautical miles from shore, you may be eligible to file a claim for compensation under the Death on the High Seas Act (DOHSA) (46 USC Ch. 303: DEATH ON THE HIGH SEAS). This type of claim, which must be filed within three years from the date of death, compensates dependent family members. Spouses, children, parents, even siblings or grandparents may be eligible to file if they were dependent on the deceased. The burden of proof is on the plaintiff, which means your attorney must be able to prove negligence as the cause of your loved one’s death. This type of claim could be the result of:
- Failure to adhere to safety procedures
- Fires or explosions on the vessel
- Failing to provide proper medical care
- Insufficient training of other crewmembers
- Defective equipment aboard the vessel
- An overturned or sinking vessel
If a seaman was assessed with some liability for the accident that caused their death, you may still be eligible to file a claim for compensation. However, the total amount of compensation awarded will be reduced by the percentage of fault. Talk to our Lake Charles wrongful death lawyer today.
Factors Involved in Your DOHSA Claim
In a DOHSA claim, you can only seek pecuniary or economic damages. Unlike a Jones Act claim, you are not eligible to recover compensation for the pain and suffering of your loved one before their death. Dependent family members may, however, be eligible to receive compensation for:
- Burial/funeral costs
- Lost wages
- Loss of benefits – including anticipated pension
- Mental counseling
Note that our offshore accident attorney in Lake Charles has the resources to build a complete claim that incorporates losses far beyond what the insurance company typically wants to offer.
How Long Do You Have to File Your Accident Claim
Acting right away is always important. It protects your rights to compensation by safeguarding evidence. Our legal team will work within the rights afforded by law, as long as action is taken within applicable deadlines.
Under the Jones Act, the statute of limitations for seeking compensation for an offshore injury is three years from the date of the accident. If an injury is not immediately discovered, such as when symptoms are delayed, the deadline would be three years from the date of discovery.
Reach out to Galloway Jefcoat as soon after your injury as possible. Our dedicated lawyers can review the details of your accident to determine the deadline that may apply in your situation.
Steps to Take After an Offshore Injury
If you hire the services of an attorney, he or she will guide you throughout the legal process to ensure protection of your best interests, as well as the value of your claim. However, right after your accident and before you contact an attorney, there are steps you can take to protect your health and any claim you may pursue.
- Seek Immediate Medical Care: After any work-related injury, it is critical to make sure you seek immediate medical care to protect your health. Taking this step also creates official medical records of the injuries you sustained, which is helpful in connecting your injuries to the accident and supporting a legal claim.
- Report the Injury: As soon after your accident as possible, you should notify your employer. Leaving any significant gap in the time from when the incident occurred to when you reported the accident can make it easier for your employer to argue that you may have sustained your injuries elsewhere. If you are not familiar with the reporting requirements of your employer, you should get this information in case you need it in the future.
- Follow Your Doctor’s Orders: Adhere to your doctor’s prescribed plan of care. Continue any prescribed medications or physical therapy, including any necessary follow-up support.
- Get Back to Your Doctor: Keep all follow-up doctor appointments to show that you are doing all you can to recover.
- Document Everything You Can: Document your injuries and your daily pain progress, the loss of enjoyment in life, responsibilities you cannot complete, and any other impact this incident has.
As soon as possible, reach out to our offshore accident attorney in Lake Charles. Make sure you seek legal guidance as soon as you receive medical care, so we can guide you through filing a claim and protecting your rights. Our legal team is always available to help you.
Call Our Lake Charles Offshore Accident Lawyers
If another’s negligence caused you to suffer harm on a seaworthy vessel, you may be eligible to seek compensation for your injuries and other losses under the Jones Act. At Galloway Jefcoat, we have extensive knowledge of the complex federal maritime laws governing these claims, and we are ready to help. We have a proven track record of recovering millions for other injured workers, and we are prepared to seek maximum compensation on your behalf. Past results do not guarantee similar outcomes.
Our Lake Charles offshore accident attorneys have been advocating for the injured in Louisiana for more than 30 years. We have the resources and staff to investigate and manage your case throughout the legal process fully. Call our law offices to schedule your free case review today.
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