Offshore accidents can lead to devastating injuries for workers and can have permanent consequences on a person’s health. Unlike accidents that happen on the mainland, offshore accidents are governed by a different set of rules and laws. You need an experienced maritime attorney handling your case after an offshore worker injury. At Deldar Legal, our knowledgeable lawyers are prepared to represent your interests and protect your rights after an accident on an offshore site. Call the office or contact us today to schedule a free evaluation of your case.
What Rules Apply to Offshore Injuries?
For workers injured in accidents offshore, the Jones Act and maritime law dictate how your claims will be handled in court. The Jones Act allows an offshore worker to collect compensation for their injuries after an accident. In order to file a valid claim under the Jones Act, the following requirements must be met:
- The lawsuit must be filed within three years of the date of the accident
- The claim must be in writing to the government
- The accident injuries are work-related, and
- The accident did not arise from the workers’ own willful misconduct
If the following requirements are met, then offshore workers can proceed with their claims for compensation after an accident.
If a worker is on an oil platform or rig, the Outer Continental Shelf Lands Act (OCSLA) may apply to your case. This law operates like a federal workers’ compensation fund and has its own unique requirements for filing a claim after an accident. You should always hire a maritime lawyer after an offshore worker injury to ensure that the unique procedural requirements are met to preserve your claims and protect your rights.
Compensation for an Offshore Worker Injury
It is often critical for workers that are injured in offshore accidents that they receive full compensation for their claims because these types of accidents can result in catastrophic injuries for the victim. These injuries can cause partial or total disability for the worker, which may mean that they cannot return to work. Compensation under the Jones Act for injured offshore workers includes payment for medical bills, lost wages, loss of future income and benefits, rehabilitation costs, and payment for pain and suffering.
How an Offshore Injury Attorney can Help
In many cases of an offshore worker injury, the victim is going up against major companies with teams of attorneys working on their behalf. Typically, it takes a lot more effort than simply filing the claim for damages in order to collect compensation after an accident. Your maritime attorney not only understands the differences between onshore and offshore accident law but will also have experience dealing with the insurers of these major companies. A lawyer can protect you from taking a settlement that is worth far less than you are owed and ensure that you receive full and fair compensation for your claims.
Talk to Our Office
To learn more about how an experienced maritime attorney can help in your offshore injury case, call or contact Deldar Legal today to schedule a free consultation.