Offshore workers do dangerous work on seagoing vessels, oil and gas platforms, and rigs, providing transportation services for the maritime industry. When you are a maritime worker, you are not an employee under state workers’ compensation laws, but you do have federal support for injuries you sustain on the job.
The laws are complicated because you must qualify for benefits under the federal government’s definitions, depending on how and where you are injured and what your job is. As a maritime worker injured on your job, you have rights that a knowledgeable maritime injury attorney could help you defend. You need a Gretna offshore injury lawyer to match you with the federal law that compensates you.
Workers Who Qualify as Seamen
Under federal law, seamen are those who spend a significant amount of their workday on a seagoing vessel during navigation in support of its mission. Seamen on ships at sea and others who are not considered seamen on immovable offshore platforms and rigs may have accidents governed by different federal laws. A Gretna offshore injury attorney knows how to get employees compensated for injuries under the correct federal law.
The Jones Act
Seamen are protected under the federal Jones Act in cases where employers are negligent, and when they are blameless, under a maintenance and cure provision. When employers create a condition that harms a seaman by failing to act like a reasonable person in a similar situation, seamen can sue them under the negligence doctrine for the cost of medical care, lost wages, and losses such as the emotional stress of becoming disabled and losing their enjoyment of life.
When an employer is not at fault for a maritime accident, it still owes its workers maintenance and cure. Maintenance refers to a small stipend for food and lodging that compensates for what is provided living on a vessel. Cure refers to comprehensive medical care, including hospitalization, rehabilitation, pharmaceuticals, and nursing care. A Gretna offshore injury lawyer at Scott Vicknair understands the nuances of federal law and can help you make sense of what you are owed.
The Longshore and Harbor Workers’ Compensation Act
When a worker’s maritime duties are conducted on land but support the goals of the maritime industry, job-related injuries may be covered under the Longshore and Harbor Workers’ Compensation Act.
The law demands a worker qualify by status and situs. Situs refers to the location of the job. To qualify for benefits, a worker’s job must be on or near navigable waterways.
Workers must incur duties related to the maritime industry even though they may not work directly on the water. These duties include transport, shipbuilding, and repairing vessels not used for recreation.
Outer Continental Shelf Lands Act
Offshore gas and oil platform or rig workers may not be considered seamen or harbor workers, but their injuries are covered by the Outer Continental Shelf Lands Act (OCSLA). Those who are not seamen or harbor workers can take advantage of coverage for maritime accidents, whether negligence is involved or not. This law mimics state workers’ compensation laws.
Call a Gretna Offshore Injury Attorney Who Understands Federal Law
When you are a maritime worker, federal law prevails when you are hurt on the job and need money to pay medical and household bills while you cannot work.
A Gretna offshore injury lawyer is familiar with these specialized laws and could be the best person to help you. Federal laws are complicated, and much depends on your classification as a seaman, harbor worker, or other maritime employee.
The team at Scott Vicknair Law is dedicated to getting you compensation for what has happened. You will not have to pay us anything until we win your case. Contact us today for a free consultation.
