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Injured in the Gulf of Mexico - What law applies?
As the price of oil increases, the demands for oil drilling in the Gulf of Mexico, both in shallow water and deeper water, will only increase. So will the demand for oil workers willing to work in often harsh and remote locations in the Gulf of Mexico and beyond.
Recently, in fact, there has been talk in the United States Congress about opening up more areas in the Gulf of Mexico for oil exploration and drilling purposes.
Unfortunately, the end result of more workers in the Gulf of Mexico, and more companies rushing to get oil out of remote and often dangerous places in the Gulf of Mexico is more injured workers and more workplace deaths.
The answer, unfortunately, is not straightforward. In fact, if a worker is injured or killed in the Gulf of Mexico, there could be four or five different laws that may apply to the case. And the law may change depending on what the worker was doing at the time.
The worker may be entitled to recovery under the Jones Act. Or the injured worker may be a Longshoreman entitled to recover under the Longshore & Harbor Worker's Compensation Act.
Or, the injured worker may be entitled to a recover under the Outer Continental Shelf Lands Act.
In a wrongful death case, the Death on the High Seas Act (DOSHA) may govern the case.
The bottom line is that you need an experienced maritime attorney if you are injured in the Gulf of Mexico, because evaluating the right law and the right venue may make all the difference in the world in whether you obtain a fair, reasonable settlement, a small settlement, or even no settlement at all.
Have you been, or do you know, someone who has been hurt in the Gulf of Mexico?
If so, we would be interested in hearing your experience with the legal system and whether your lawyer did a good job for you.
Want to know more about maritime injury claims?
Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.