Legal Help After an Offshore Accident

Maintenance and Cure Claims Under the Jones Act

Offshore workers face unique hazards in the course of employment, which is why a special set of laws, one of which is called the Jones Act, protect them and their rights to compensation for injuries or death.

Offshore workers labor aboard fishing boats, supply vessels, yachts, processing vessels, tugs, crew boats, transfer boats, menhaden (pogie) boats, and shrimp boats, but also on jack-up oil rigs in the Gulf of Mexico. Maritime accidents can even occur on helicopters transporting workers to an offshore rig.

Offshore workers include seamen, but many also are oil drillers, roustabouts, deckhands, cooks, and riggers. (Learn more about who is covered under the Jones Act.)

Employers often fight Jones Act work injury cases by claiming the injured worker did not qualify as a seaman or that the ship or offshore oil rig was not a vessel. Or they offer unreasonably low amounts for maintenance and cure.

The offshore attorneys at Broussard & Hart, L.L.C., understand the tricks employers use to try to deny benefits to injured seamen. We have the experience you need to challenge an employer if you or a member of your family suffered a serious or fatal injury.

Get legal advice before signing any settlement contract. Contact our Lake Charles law office for a free consultation.

Contact Us at 337-439-2450 or fill out the form below.

Unseaworthiness and Other Areas of Employer Liability

An unseaworthiness claim can be pursued if the employer is the owner of a vessel and an injury was caused by an unsafe condition on the vessel. An employer can be held responsible for:

  • failing to provide a safe place to work – an unsafe vessel or another place under the employer’s control
  • violation of a safety statute
  • failing to provide adequate medical care
  • negligence of other others under their employ, including the negligent actions of the seaman’s co-workers

An independent contractor can sometimes be viewed as an employee under the Jones Act.

Does a Seaman Have to be on the Vessel for a Claim?

Not necessarily: a seaman may be protected by the Jones Act even if he or she is temporarily working elsewhere, even on shore, as long as the work was “in the service of the ship.”

Overboard Accidents and Death on the High Seas Act

An employer must search for and attempt to rescue a seaman if he jumps or falls overboard. The search must continue for as long as it is feasible that the seaman could be alive in the water. Failure to do so can result in liability under the Act.

If a seaman dies in an oil-rig accident or other maritime accident, a wrongful death claim could be brought based on the Jones Act, on general maritime law, or on a separate federal statute called the Death on the High Seas Act.

Time Limits for Filing a Jones Act Claim

A Jones Act claim must be brought within three years of the injury, in federal court or state court. Your lawyer will decide where to file the claim in order to recover maximum compensation for you.

The injury lawyers at Broussard & Hart, LLC represent injured people throughout Lake Charles. If you would like to discuss a Jones Act or maritime injury claim, contact us or call 337-439-2450 (Toll Free: 866-281-4774) to arrange a free and confidential consultation. We will respond quickly to your inquiry.

View the Jones Act Attorney Sitemap

Contact Us at 337-439-2450 or fill out the form below.

24 Hour Response

Our attorneys will review your case and represent you throughout your offshore accident claim. Contact Broussard & Hart L.L.C. today for help pursuing a offshore accident settlement. Your first consultation is free and we won’t charge fees unless money is recovered.

Need to Learn More about Offshore Accident Lawsuits?

More on our Blog