Admiralty, Jones Act & Maritime: Have you been injured in an offshore accident? Have you suffered an offshore injury?
If you have been injured while working as longshoremen, roughneck, roustabout, on an oil rig, oil platform, cruise ship employee, on a barge, oil service boat, oil tanker, able-bodied seaman, mate on a boat,etc?
In particular, the Jones Act provides –
- A Jones Act claim is an in personam action for a seaman who suffers injury in the course of employment due to negligence of his employer, the vessel owner, or crew members.
- The Jones Act provides a remedy to personally injured seamen and their survivors of compensation for personal injury and/or wrongful death caused by the negligence of the seaman’s employer, vessel owner, or crew members.
- Generally Jones Act cases are not removable.
- The Jones Act incorporates the Federal Employees Liability Act (“FELA”)FELA actions are not removable and its incorporation into the Jones Act results in Jones Act claims not being subject to removal even if the parties are diverse.
- Excerpted from the Jones Act, Maritime, Seaman and Mims case
If you have been injured in offshore, the laws that govern the areas of navigation, shipping, and offshore and overseas injuries, known as maritime, Jones Act and admiralty laws, may protect you.
Individuals suffering a Maritime, Admiralty, Jones Act type of personal injury may be entitled to compensation in the form of maintenance payments, lost wages, monies for medical treatment and other damages (e.g., Medical costs,Loss of earning capacity,Physical pain, Mental anguish, Physical limitations,Disfigurement).
- WHAT IS IT?
A maritime, Admiralty, Jones Act injury occurs when an employee – deck officers, mates, able bodied seaman, longshoremen, roughneck, roustabout, oil rig worker, oil tanker, offshore worker, oil platform worker, cruise ship employee, etc. – is injured while working (maintenance/repair) on a vessel, working offshore (oil rig, oil platform) working on board a vessel (oil tanker) or while in water pathways, either interstate or international.
- HOW COULD THIS HAPPEN?
Any injury from the negligence, un-seaworthy vessels, poor or unsafe working conditions, equipment quality, lack of equipment or safety gear, lack of medical treatment, lack of training or other safety issues may indicate a Maritime, Jones Act, Public Vessels Act or Death on High Seas Act case.
PROFESSIONS THAT MAY FALL UNDER MARITIME,ADMIRALTY, JONES ACT & LAW
- Merchant Marine
- Cruise Ships
- Ship Construction
- River Boats
- Tug Boats
- Fish Processing
- Commercial Underwater Divers
- Oil Platform
- Rig Workers
- Casino Boats
- Oil Tanker
- For more on these types of cases, please follow this link: Admiralty, Jones Act and Maritime Cases.
See also maintenance and cure, seaman and unseaworthiness for more on those terms. Other areas may include – Vocational Rehabilitation – Like typical workers’ compensation benefits, the LHWCA and its extensions, the OCSLA and DBA, allow compensation for vocational rehabilitation. This provides supportive re-employment evaluation, counseling, and training if you were injured in an offshore-related work incident or Disability – The LHWCA, OCSLA, and DBA allow for temporary and permanent disability payments to compensate for lost wages. Disability may be partial or total, and losses of specific body parts and senses are also considered through compensation.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
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