Anytime you suffer an unintentional injury on a ship at sea, an offshore accident lawyer defends your rights. Boats, offshore platforms, docks, or helicopters used to transport crew to and from the ground are all places where accidents might happen. There very well may be. To fully analyse the claim, ascertain who is at fault, and ascertain which legal requirements must be completed, it is crucial to retain a Houston offshore accident lawyer.
Get free legal counsel on offshore damages claims from Simmons & Fletcher, PC, Injury and Accident Attorneys. You won’t have to pay for legal services up front or until you win your case because we operate on a success fee basis.
Examine an injury claim made offshore:
You require an offshore accident attorney who will fully research the claim in order to identify which law applies. The firms in charge of offshore vessels maintain extremely thorough records and logs. To ascertain whether correct procedures were followed, these records must be retrieved and examined. Additionally, inspecting the site and gathering evidence there are the best ways to tell the story in catastrophic injury situations.
To fully understand the circumstances surrounding an incident, Simmons and Fletcher, P.C. can investigate the scene and bring in experts as needed.
What Statute Covers an Offshore Accident?
Applying to offshore accident claims is a substantial set of state and federal legislation. These comprise:
Act Concerning Harbor and Longshoreman, Johnson Act, Individual Injury Law by State and Federal Tort Claim.
Attempting to understand these regulations without the assistance of an offshore accident lawyer is like to trying to navigate the oceans without a map.
Act Concerning Harbor and Longshoreman:
Congress expanded the Longshoremen’s and Harbor Workers’ Compensation Act to cover crew members and vessels working on the Outer Continental Shelf under 43 U.S. Code, section 1333, subsections (b) and (c). when discovering and utilising natural resources.
This is referred to as the Act Concerning the Outer Continental Shelf Lands. It outlines the payment of compensation for disabilities or deaths sustained while working on American navigable waters. In reality, it is worker’s compensation for many dock employees and many marine workers who are not otherwise protected by the Jones Act.
The Jones Act provides special protection for workers on offshore vessels, including jack-up platforms and oil platforms that are not anchored to the seabed, such as floating oil platforms and drill ships.
Jones Act employees are entitled to compensation for their pain, disability, medical expenses and loss of income. The employee’s overseas injury attorney must prove that he or she is responsible for the damage caused by the employer’s negligence. However, the Jones Act sets a lighter standard of proof than any other area of law. It is called a feather-light burden because it only takes a slight tilt of the scales of justice to win. This is extremely beneficial to the injured worker and his offshore accident attorney.
Injury from Offshore and State Personal Injury Law:
Injury sustained offshore that is not covered by the aforementioned provisions may be covered by state personal injury law. Usually, the closeness of the accident determines the state law that is applicable. You should consult with an offshore injury lawyer to find out whether avenues of recovery are open to you because state laws vary and the aforementioned Acts may also be applicable.
Offshore Accidents and the Statute of Limitations:
The statute of limitations is a time by which your injury lawsuit or claim must be filed; after that point, you lose your ability to do so. The statute of limitations may change for offshore injuries since they may be covered by various Federal and State statutes. To learn more about your rights and restrictions, speak with an offshore injury attorney right away.