Injured Offshore? Here are five helpful tips for navigating your legal voyage

If you are someone you know is injured offshore or near a navigable body of water, there may be a legal claim for damages under the Jones Act, General Maritime Law, the Longshore & Harbor Worker's Compensation Act (LWCHA), or other state or federal laws. However, the procedural and substantive law governing maritime legal claims is very different from the law governing onshore injuries.

You need to be sure you don't run aground during your legal voyage. Here are five helpful tips for workers with offshore injury claims.

1. If you are considering hiring a lawyer, the very first thing you should do is ensure your lawyer has experience handling maritime injury or Jones Act claims.

Simply put, most lawyers don't handle these claims on a regular basis. If you were having heart problems, you wouldn't seek help from a knee doctor, would you? Of course not. You'd find a heart doctor. The same is true of lawyers. If you have a maritime claim, you should talk to a maritime lawyer, not a tax lawyer or estate lawyer or other lawyer who doesn't regularly handle maritime injury claims.

2. You need to know that the law governing maritime injury and Jones Act cases is entirely different than land-based claims.

The location of the worksite and the nature of the work being performed may have a substantial impact on the types of claims you can bring. An experienced maritime lawyer should be able to tell you what laws govern your case. Don't rely on your brother's uncle 's cousin who got in a truck wreck to tell you what your case is worth. Jones Act and maritime injury claims are simply different than other types of claims.

3. If you are injured offshore, DO NOT assume that you'll be covered by worker's compensation insurance.

In fact, many offshore injuries are NOT covered by worker's compensation insurance. Even though you may not get worker's compensation coverage, however, if you're a Jones Act seaman, or a Longshoreman, you may get medical bills paid and wage replacement under the Jones Act or the Longshore & Harbor Worker's Compensation Act. Although different legal rules govern these claims, they are similar to worker's compensation statutes in some respects.

4. If you're injured offshore and are covered under the Jones Act, you will likely have more potential legal remedies than other injured workers.

For instance, you have a claim for maintenance and cure (see the post on maintenance and cure on this website), Jones Act "negligence," and unseaworthiness (see related posts below). You may also have third-party negligence clams under General Maritime Law if someone other than your employer was at fault.

5. Although you should report your injury as soon as possible, it's generally NOT a good idea to give written or recorded statements to company agents or officials until you've obtained legal help.

The reason is because the company's agents or insurance representatives may try to trick you into saying something that hurts your case. It is much easier to avoid this problem upfront than try to explain it later on during your legal proceedings. The companies all have experienced lawyers advising them on their rights--you should too.

For more information about the Jones Act and maritime law, see the related posts in this website, below. Or call 877-724-7800 for a free initial consultation.

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Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue, Suite 1020
Houston, TX 77002

Phone: 713.224.7800
Fax: 713.224.7801