The work environment on an offshore platform, also referred to as an oil platform or oil rig, can be dangerous. Surfaces tend to be oily and slippery, machinery can malfunction and fires can erupt, which increases the risk of a serious accident offshore. Cases involving platform injuries can be complex as there are different laws that protect workers.

The law that will apply to an offshore platform injury depends on whether the platform is fixed to the ocean floor or if it can be moved. In many cases, the platform is permanently fixed to the ocean floor, which could fall under the Longshore and Harbor Workers’ Compensation Act. If you have been injured on an offshore oil platform, you need to speak with an experienced maritime attorney who can determine the best course of action for your case.

Under the Longshore and Harbor Workers’ Compensation Act, longshoremen who work upon navigable waters in the United States may be entitled to compensation for their injuries. To qualify under this federal law, you must have a traditional relationship to maritime employment. The Longshore and Harbor Workers’ Compensation Act provides benefits for injured longshoremen, including medical care, lost wages and rehabilitation services. Temporary disability benefits are available when you are not able to immediately return to work. Temporary benefits equal 66 2/3 percent of your average weekly wages.

Injuries that occur on offshore oil platforms tend to become complicated. For example, there were various opinions regarding the benefits available to a man who was injured while living and working on an oil production platform. He applied for benefits under the Longshore and Harbor Workers’ Compensation Act, only to have his claim contested by the insurance company. The issue was whether or not he qualified under the Longshore and Harbor Workers’ Compensation Act, because the platform where he was injured was not used for maritime purposes. After his case went all the way to a U.S. federal appeals court, he was eventually able to qualify for benefits for maritime employees.

If you have been injured on an oil platform, you should seek legal advice immediately. An experienced maritime lawyer will be able to review your case to help you determine what law applies. In some situations, you may be able to file a claim against a third party under General Maritime Law.

Fishing for a living is the single most dangerous occupations, according to the U.S. Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI). History has shown that fishermen have a 20 to 30 times greater risk of suffering a fatal job injury than all of the other occupations. Every year, there are 50 to 100 fishing fatalities on average.

Why is commercial fishing so dangerous?

Fishermen face certain perils that are unique to the occupation. Fishing vessels usually travel great distances, far out on the sea. These vessels sometimes encounter “rogue waves,” which are over 100 feet high. Rogue waves are often leftover waves from previous storms or a collection of ordinary waves and can hit even in relatively calm seas. A rogue wave is powerful and can easily destroy a commercial fishing vessel.

There are other hazards associated with commercial fishing. Electrocutions, homicides, being caught in winches or other machinery and aircraft crashes are all among the numerous causes of fishing fatalities. A maritime accident can occur when a fishing vessel hits a submerged rock or collides with another vessel in the fog. In fact, vessel casualties are one of the leading causes of fishing deaths.

Falling overboard is also a danger faced by commercial fishermen. A small wave can be strong enough to wash a worker overboard. Fishermen have also been known to go overboard after tripping on a tightened line or falling from a slippery deck.

Commercial divers account for a significant number of fishing fatalities each year, as they encounter challenges while working offshore. Crewmembers who have little training or experience are sometimes required o dive below water to untangle nets or lines, which places them in danger. Other hazards, such as adverse sea and weather conditions, murky water, unexpected shifts in underwater currents, air lines that have become entangled, malfunctioning scuba equipment and decompression problems can all lead to fatal diving injuries.

If you have been injured in a maritime accident, contact an experienced maritime lawyer today to learn more about your legal options.

The daily tasks of a seaman or maritime worker can be strenuous and often dangerous. Rough seas, defective equipment and machinery, slippery surfaces and old, worn-down vessels all contribute to the perils a seaman faces when working offshore. Maritime workers frequently find themselves victims of serious injuries – injuries that impact their lives. Head injuries are especially common on vessels and it is important to understand that injured seamen have rights. If you have suffered a head injury while working offshore, you need to be aware of the symptoms, treatment and compensation available for this type of injury.

There are various types of head injury, which is defined as any trauma that results in injury to the scalp, skull or brain. Maritime workers are especially prone to closed head injuries, also known as concussions, caused by a hard blow to the head from hitting an object. A fall accident or assault onboard a vessel can lead to a closed head injury.

Depending on the severity of the head injury, it can cause irreversible brain damage. Even if the skull is not penetrated or fractured, the brain can still become bruised. When the head is struck by an object it can result in bleeding inside the brain or may damage the brain directly. Serious head injuries may lead to any of the following:

• Personality changes
• Speech and language difficulties
• Loss of sensation, hearing, vision, taste or smell
• Seizures
• Paralysis
• Coma

The symptoms of a closed head injury can surface immediately, but can also develop slowing, sometimes taking several hours to surface. Some of the signs of a serious head injury include:

• Loss of consciousness
• Drop in blood pressure
• Convulsions
• Fluid drainage from the nose, mouth or ears
• Severe headache
• Lack of coordination
• Vomiting
• Slurred speech
• Pupil changes
• Inability to see, hear, taste or smell
• Drowsiness

When there is bleeding inside the skull from a closed head injury, the doctor will need to find the location of the bleeding, severity of symptoms, other injuries and the progression of the symptoms, in order to determine the appropriate treatment. Surgery is often needed in closed head injury cases. Other treatment options include pressure monitors, medication to prevent seizures and antibiotics to prevent infection.

There are laws that protect injured seamen, harbor workers and longshoremen. If you have sustained a closed head injury and believe your employer or vessel owner was negligent, you may be able to obtain compensation for your injuries. Compensation may include damages for pain and suffering, lost wages, medical expenses, disfigurement and mental anguish. Contact a maritime attorney at our law firm today for a free legal consultation.

In 1920, the Merchant Marine Act became law, which is one of the three federal laws often referred to as the Jones Act. It is a cabotage law that also has provisions protecting the rights of seamen.

The Jones Act places restrictions on the carriage of goods or passengers between United States ports to U.S. built and flagged ships. Under this law, at least two-thirds of the crew must be U.S. citizens. In addition, any foreign repair work of U.S. flagged ships’ hull and superstructure is limited to 10 percent foreign-built steel weight. Basically, this restriction prohibits U.S. vessel owners from renovating their vessels at overseas shipyards.

There are also provisions in the Jones Act that protect seamen’s rights. The Jones Act allows injured seamen to pursue damages from their employers for negligence on the part of the vessel owner, captain or other crewmembers. This protection is similar to that of railroad workers. The law states that any seaman who suffers personal injury in the course of employment may take action to collect damages and has the right to a trial by jury. The action can be brought in a U.S. federal court or a state court.

A case heard by the United States Supreme Court, known as Chandris, Inc. v. Latsis, 515 U.S. 347, 115 S.Ct. 2171 (1995), established a benchmark for determining the status of an employee as a “Jones Act seaman.” Based on the Supreme Court ruling, a worker who spends less than 30 percent of his time in the service of a vessel on navigable waters is presumed not to be a Jones Act seaman.

The Merchant Marine Act of 1920 has been revised numerous times, with the most recent revision in 2006.

A head injury is defined as trauma that leads to a scalp, skull or brain injury. It is also commonly referred to as brain injury, contusion or head trauma. These types of injuries range in severity from a minor bump on the skull to serious brain damage. Seamen are especially susceptible to this type of maritime injury.

There are two classifications of head injury – closed and open. An open head injury, also known as a penetrating head injury, occurs when someone is hit by an object that breaks the skull and enters the brain. A penetrating head injury often occurs when a person is moving at high speed, such as in a car accident, or from a gunshot. Closed head injuries happen when there is a hard blow to the head from an object, but the skull is not broken. However, a closed head injury can still result in serious complications.

Some of the types of brain injury include concussion, traumatic brain injury and contusion, which is a bruise on the brain.

It has been estimated that millions of people suffer head injuries every year. The majority of these head injuries are not serious, because the skull provides the necessary protection for the brain. Yet, more than 500,000 head injuries are severe enough to require hospitalization.

Car accidents, falls, assaults and work-related accidents are all common causes of head injury. A head injury can also be caused by a maritime accident. In some instances, the head injury will lead to irreversible brain damage, which results from bleeding inside the brain or brain damage. A serious head injury can cause coma, chronic headaches, paralysis, seizures, loss of sensation and speech difficulties.

Understanding some of the signs of a head injury and giving first aid can help save that person’s life. Medical attention should be sought immediately if a maritime worker becomes unusually drowsy, behaves differently, experiences a severe headache or stiff neck, becomes unconscious or starts vomiting.

It is not uncommon for vessels to collide, whether in a river, lake or ocean. Vessel collisions can lead to serious injuries and sometimes death.

Within a few weeks span of time, two separate accidents involving vessel collisions occurred. One incident took place in the Mississippi Sound, approximately 2 ½ nautical miles southwest of Bayou Caddy. The incident involved a towing vessel, known as Velma C., and a sailing vessel, known as Sound Advice. At the time of the accident, the towing vessel was pushing three empty barges. Even though the vessel collision could have resulted in severe injuries, luckily no one was hurt.

Another vessel collision occurred in Tampa Bay when a fishing trawler and barge collided, which resulted in a fuel spill of approximately 1,000 gallons into the water. The 80-foot-long fishing boat, the Maranatha, and a 95-foot-long barge, the Coastal, hit each other just two miles northwest of Manbirtee Key near the Skyway. The vessel collision caused a 4 by 8 inch gash in the Maranatha’s fuel tank.

When vessels collide, it can result in objects shifting and in some situations, falling debris. Vessel collisions can cause an immense impact, which can lead to injuries among those onboard both vessels. Vessel collision injuries often include:

• Broken bones
• Spinal cord injury
• Head trauma
• Brain injury
• Rib fractures
• Severe lacerations
• Death

If you have been injured in a vessel collision, you may be eligible to receive compensation for your injuries. There are various laws that protect vessel workers, including the Jones Act. The Jones Act protects the rights of injured seamen. When a vessel accident is caused by negligence or unseaworthiness, you have the right to recover damages for your injuries, which may include the following:

• Pain and suffering
• Lost wages, both past and present
• Medical expenses, both past and present
• Disfigurement
• Mental anguish

Sometimes injuries are permanent and can affect you for the rest of your life. As an injured seaman, you can obtain compensation that will help you during your recovery and for years to come. Maritime law is complex and there are deadlines as to when you can file a claim for vessel injuries. Contact our law firm today if you have been injured in a vessel collision. Our maritime lawyers are experienced in handling these types of cases. The initial legal consultation is free and confidential.

Working on a vessel can be treacherous, as the ocean and weather conditions can be unpredictable. The use of heavy machinery and equipment can also be dangerous. Accidents may happen on oil rigs, barges, tugs, towboats, tankers and freighters. A maritime accident can lead to serious injuries. In some unfortunate cases, an amputation can result from a catastrophic injury.

An amputation occurs when part or all of a body part that is enclosed by the skin is removed. It can be complete, where the entire body part is removed, or it can be partial, where only a portion is taken off. Amputations are often done during surgery, but can also happen during an accident. An accidental amputation is serious and it is crucial to know what to do if such an event happens.

If you witness a fellow maritime worker experiencing an amputation, you need to seek emergency medical care immediately. You can help stop the bleeding by applying steady pressure to the injury site. The injured worker should lie down and elevate the site that is bleeding. Sterile dressing or a clean cloth should be wrapped around the injured area until medical treatment is received.

Shock frequently follows an amputation injury. The injured seaman may pass out, feel dizzy, lightheaded or weak and become less responsive.

The amputated body part should be taken to the hospital for possible re-attachment. It should be gently rinsed, wrapped in sterile gauze, placed in a waterproof container and put on ice. Re-attachment is possible depending on what body part was amputated, the condition of the body part that was removed, the time passed since the injury occurred and the health of the injured worker.

Depending on what caused the accident and amputation, the injured seaman may be eligible for compensation under the Jones Act or General Maritime Law. Under the Jones Act, employers are required to pay for maintenance and cure. Maintenance is designed to cover living expenses, while cure is meant to pay for medical care. The Jones Act also allows seamen to pursue monetary damages for pain and suffering, lost wages, both past and present, medical expenses, disfigurement and mental anguish, if the vessel owner was negligent in any way or if the vessel was unseaworthy. Contact an experienced Jones Act lawyer today to review your case. Our law firm will provide you with a free and confidential consultation.

As a Jones Act seaman, you are exposed to hazards on a daily basis. You work with heavy machinery, tackle, fishing gear and other equipment, all while battling the weather and sea conditions. The work environment on a vessel can lead to maritime injury, but so can the actions of a co-worker. If you have been injured in a maritime accident that was caused by a co-worker or fellow crewmember, you may have a Jones Act claim.

The Jones Act provides protection for seamen who have been injured during maritime employment. To have a Jones Act claim, you must prove that there was some negligence or fault on the part of the vessel’s owners, operators or officers. If the negligent actions of a co-worker caused your maritime injuries, you may also have a Jones Act case.

When a co-workers’ negligence causes injuries to a Jones Act seaman, the employer can be held responsible. The co-worker may have done something unreasonable or failed to perform a reasonable act that would have prevented your injuries. Depending on the details of the Jones Act case, there could even be a claim for unseaworthiness.

You may have the right to sue your employer for your injuries in a Jones Act lawsuit. A successful Jones Act suit could entitle you to compensation for pain and suffering, lost wages, both past and present, medical expenses, disfigurement and mental anguish. The settlement can be substantial.

There is a statute of limitations as to when a Jones Act claim can be filed. If you have been injured in an offshore accident caused by a fellow crewmember, contact a maritime injury lawyer as soon as possible to discuss your legal options.

Work as a longshoreman, harbor worker or other employee in the maritime industry is very physical and can be dangerous at times. When a worker is injured or killed, benefits are available under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

The Longshore and Harbor Workers’ Compensation Act provides benefits to employees who have maritime occupations, which include longshore workers, harbor workers, ship repairers, shipbuilders and shipbreakers. According to the U.S. Department of Labor, compensation and medical care is available for employees who are disabled from injuries that happened “on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building a vessel.”

This federal law also provides benefits to dependents if the maritime injury resulted in the worker’s death. The dependent could be a widow, widower or other eligible survivor, such as a parent, grandparent, sibling or grandchild.

Death benefits under the LHWCA include funeral expenses up to $3,000. In addition, the widow or widower receives 50 percent of the average weekly income of the deceased lonshoreman or other qualified employee for life or until the spouse remarries. If the deceased employee had one or more children, additional compensation of 16 2/3 percent of the average weekly income is available.

If there is no spouse and only surviving children, 50 percent of the average weekly income is paid on behalf of the first child. In the case of more than one child, a maximum of 66 2/3 percent of the average weekly wages will be shared equally among the children.

When the widow or widower remarries, he or she will receive a lump sum of money, which will cover two years. Children, siblings and grandchildren will receive the LHWCA death benefits until they reach the age of 18, but can have an extension until age 23 if they are in school.

If you have lost a loved one in a maritime accident, you should contact a maritime accident lawyer for legal advice. Contact our law firm today for a free, confidential consultation.

Working aboard a vessel on the high seas comes with many dangers. Everyday, seamen are exposed to hazards from heavy equipment, tackle, defective machinery, slippery decks, unpredictable waters and severe weather conditions. There are many types of maritime injuries that can occur offshore, including serious eye injuries. If you or a loved one has suffered an eye injury as the result of a maritime accident, you need to be aware of your legal rights and should contact an experienced Jones Act lawyer.

Eye injuries are especially devastating, as they can lead to permanent blindness. This type of injury can be life changing and may affect your livelihood if you are not able to return to work due to your condition.

An eye injury sustained on a vessel can occur in two different ways. Physical eye injuries happen when an object enters the eye, such as glass or metal pieces. Chemical eye injuries occur when you are exposed to chemical fumes or if a chemical enters your eye. A chemical injury can result from working near these compounds without the proper safety goggles or from chemical cargo that was not properly contained.

Depending on the circumstances of your maritime injury, you may be able to hold the vessel owner responsible. If you are considered to be a seaman, you may be eligible to file a Jones Act claim, if negligence caused your maritime accident. A successful Jones Act case could entitle you to a substantial amount of financial compensation, which could include damages for pain and suffering, mental anguish, past and future medical expenses, past and future lost income and disfigurement.

Contact a Jones Act attorney today. There is a deadline as to when you can file your claim, so you do not want to delay in pursuing legal advice.