What to Know About Offshore Injuries

What to Know About Offshore Injuries

February 2, 2022

According to the Bureau of Security and Environmental Enforcement (BSEE), over the past ten years, 23 individuals have passed away and over 2,000 individuals have been injured on drilling rigs and other offshore structures.

Offshore structures, such as drillings rigs, can pose an incredibly hazardous work environment for oil and gas workers. Over time, the increased production activity has led to more individuals operating in close quarters with others as a way to maximize profits. The more individuals that are on these offshore sites, the more likely a severe accident is to happen. A few of the most common offshore structure threats include:

  • Cable or block breaks
  • Slip and fall accidents
  • Grease/oil on the deck
  • Damaged grating, pipeline tongs
  • Cathead slips
  • Falling objects
  • Negligent equipment operating
  • Wrongful death
  • Offshore explosions
  • Unseaworthiness claims
  • Other carelessness

Common Offshore Injuries

Offshore work is both physically demanding and dangerous, and major injuries are all too common. Injuries that offshore employees face consist of head injuries, fractures, and electrical shock and, often, can be lethal. Maritime employees suffer numerous kinds of offshore injuries, consisting of:

  • Head Injuries - An abrupt blow from a pipe swinging above the head, from an explosion, or from falling devices can cause a traumatic brain injury, varying from a moderate concussion to a life-long disability. A traumatic brain injury can negatively affect your ability to generate income and provide for your loved ones. Falls from heights likewise can cause open head injuries as well as closed head injuries, resulting in vertigo, decreased attention span, double vision, and even slurred speech.
  • Back Injuries - The heavy lifting and difficult labor aboard a vessel or oil well can lead to major back injuries causing the need for surgical treatment. Falls from hazardous balconies or unsecured ladders can cause back injuries, including spinal cord and nerve damage. A major back injury can cause a maritime worker the inability to work for a prolonged time period.
  • Burn Injuries - Malfunctioning security equipment, the accumulation of flammable fumes in unventilated areas, welding accidents, and loss of well control can all trigger explosions and fires, leading to extreme burns. Generally speaking, human mistake and negligence are the causes of extreme burn injuries. No matter the cause, a burn injury can cause disfigurement, require cosmetic surgery, and result in irrevocable disabilities. Offshore employees are frequently out of work for months after a major burn injury.
  • Limb Loss - Losing a limb is a life-altering injury. Many maritime-related amputation accidents include cables under stress or mooring lines. A staff member's hand can get caught in the line as it coils onto a winch drum. A deckhand can get their leg caught and compressed between two barges, in some cases requiring a prosthetic.
  • Wrongful Death- Each year, maritime workers pass away due to falls, explosions, electrocutions, and other accidents caused by the negligence of an employee. If you have lost a loved one working with an offshore rig due to the negligence of another, you have the right to seek legal payment for your loved one's death.

What Should I Do If I Am Injured at Sea?

If you find yourself in a maritime accident, it is important that you act in a timely manner to protect your rights. Below you will find a brief guide on what to do if you are hurt at sea. The following actions are essential for maritime accidents:

  1. Report and document the accident - It is essential that you let your supervisor or captain know as soon as the accident occurs that you have been injured. Jones Act or Maritime Law requires the victim to report any job-related injury within seven days but do not wait that long. The insurer may presume that because you did not report the accident right away, it wasn't severe, so report it sooner rather than later. If you get injured while working and think that your injuries need medical attention or have even the slightest possibility of causing you to be unable to work, report it immediately.
  2. Seek medical attention - The law requires your employer to see that you receive medical treatment for your injuries. If you are at sea and your injuries are serious, the vessel should have the Coast Guard medevac you to a healthcare facility. If you are far out at sea or in international waters, a Coast Guard helicopter may have the ability to get you as quickly as you are within range of the United States. The vessel has the ability to talk with a physician by phone or radio if your condition is extreme. And, if you remain in a foreign nation, your employer is accountable for getting you adequate medical treatment and getting you back home at their expense. Your employer should pay for all medical treatment that you are in need of if you are harmed or end up being ill while working on the vessel.
  3. Hire a Doctor of Your Choice - You can choose your own physician. You might be swayed to pick a doctor recommended by your employer or your company's insurance provider, but we suggest you see a medical professional of your choice for an impartial examination. Make sure that the doctor or healthcare professional documents everything. Your medical records will be used as proof if a claim needs to be submitted.
  4. Follow doctor's orders - Follow all of your physician's advice. Do not miss any visits with your medical professional, as visits that you blow off send a message to the insurance provider and your employer that you are completely recovered or that your injuries were not that serious. It is not uncommon for insurance providers to send private investigators to monitor your progress without you knowing. They might take pictures or videos to keep an eye on your actions while you recover from your injuries.
  5. Do not give a recorded statement - Never, ever give a taped declaration. The insurance provider remains in the business of making as much money as possible for their shareholders, and their intent is to pay out as little on your claim as they can. The insurance provider is not working for your benefit, no matter how nice they are when they contact you. They will ask leading questions and produce their own story about your accident, which most times are not accurate.
  6. Speak with a maritime attorney to understand each of your rights - It is necessary to have an attorney that is familiar with Maritime Law and who is going to defend you. By seeking advice from a lawyer, you will have a better understanding of your rights and the choices you have. Understanding your rights and your company's responsibility to pay specific benefits is the vital baseline in making choices on how to proceed.

Many maritime accidents are preventable by adequate maintenance, training, and procedures. Maritime and sea laws remain in place to make sure that injured individuals have a method to recover damages from the responsible parties when injuries are the outcome of carelessness, neglect, inaccurate procedures, malfunctioning equipment, or unseaworthiness. It is essential that you maintain legal representation if you feel any of your rights have been overlooked or violated.

Maritime law, Admiralty law, and Jones Act laws are complicated, and it can be hard to determine which laws are relevant to your specific case.

Four Methods of Compensation

Depending upon the conditions of your offshore accident, you may be granted settlement under either federal maritime law or state personal injury law. Our educated maritime attorneys have the ability to guide you through this hard process and assist you in determining what rights you have specific to the conditions of your offshore injury.

The four methods of compensation are:

  • The Jones Act
  • The Death on High Seas Act (DOHSA)
  • Longshoremen & Harbor Workers' Compensation Act (LHWCA)
  • General Maritime Law

The Jones Act

The Merchant Marine Act of 1920, also referred to as the Jones Act, is a federal statute that extends the Federal Employer's Liability Act (FELA) to seafarers. The Jones Act makes it possible for seafarers that have been injured while working at sea to bring a personal injury claim against their employers. Under this act, the hurt employee can bring an action in either federal or state court. While general maritime law does not consist of the right to trial by jury, the Jones Act does. Although some claims can be settled during the course of pre-litigation negotiations, the only way you can preserve your rights to pursue a claim is to file a lawsuit.

The Death on High Seas Act (DOHSA)

The Death on High Seas Act (DOHSA) specifies that when somebody dies due to either a wrongful act, carelessness, or default that occurred while on high seas beyond three nautical miles from the coast of the United States, a civil suit can be brought against the individual or vessel responsible. The action will exclusively benefit the deceased's partner, parent, child, or reliant relative.

Longshoremen & Harbor Workers' Compensation Act (LHWCA)

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that provides the payment of compensation, medical care, and professional rehab services to staff members disabled from on the job injuries that take place on the accessible waters of the United States or in close-by locations usually used in the loading, unloading, repairing or constructing of a vessel. The LHWCA also provides payment of survivor benefits to dependents if the work injury causes or contributes to the death of the worker. These advantages are normally paid by the self-insured company or by a private insurance provider on behalf of the employer. The term "injury" includes occupational diseases, hearing loss, and illnesses occurring out of work. The LHWCA covers all employees that hold traditional maritime positions, like ship-repairs, shipbuilders, ship-breakers, harbor construction workers, and longshore employees.

General Maritime Law

General maritime laws were initially developed to establish the rights of maritime employees prior to the Jones Act, or the Longshore and Harbor Employees' Compensation Act was developed. Its basic plans ensure that maritime employees are given general living expenditures and medical costs after suffering an injury and that the shipowners offer a safe workplace.

General maritime law does not just cover injuries but also illnesses you may get while on the job. Unlike the Jones Act, which states your injury must be the result of unseaworthiness or neglect, under general maritime law, the accident could be your fault or nobody's fault, and you may still be entitled to Maintenance and Cure.

Maintenance and Cure

Under general maritime law, an employer is required to provide an injured maritime worker with Maintenance and Cure benefits till they are able to work again or have reached Maximum Medical Improvement (MMI).

"Maintenance" explains an employer's responsibility to provide an injured worker with food and accommodations while the seafarer is off the vessel and not able to work due to the injury or illness. "Cure" describes physician and hospital bills, diagnostic tests and scans, prescriptions, and rehab and therapy.

You do not have to show fault to recuperate Maintenance and Cure. When filing a claim, the same restriction periods apply as a Jones Act negligence claim.

Unseaworthiness

The word "unseaworthiness" is a term in the realm of maritime law, and its significance in maritime law somewhat differs from its significance in the marine industry.

Under maritime law, a seaworthy vessel is a ship whose hull, equipment, and crew are fairly appropriate in design, upkeep, and character to perform their designated functions in the operation of the ship.

Unseaworthiness does not imply that the vessel is unable to be cruised or navigated. A vessel is unseaworthy in concern to a seafarer if it does not provide him with safe and ideal appliances with which to perform his work and if it does not offer him a safe place in which to work.

The injured maritime employee does not need to show that the whole vessel was unseaworthy or that it was in danger of sinking. All that the hurt employee needs to reveal is that some condition or element of the vessel, equipment, or crew was not fairly appropriate for its designated function, and they were injured as an outcome. For example, if the engine breaks down and the vessel is in the water till the engine can be fixed, the captain may think that it is unseaworthy; however, that does not make the vessel unseaworthy for maritime law functions.

If a seaman is hurt or dies because of an unseaworthy condition, the seafarer (or his surviving household) will be entitled to compensation from the owner of the vessel. The type of damages that will be used in an unseaworthiness claim include pain and suffering, medical costs, lost revenues (present and future), compensation for disability, and other damages under maritime law.

What Damages Are Covered?

There are several types of damages that may be covered under your maritime injury case. These damages vary for each specific case; nevertheless, a great deal of compensation for maritime injuries consists of:

  • Pain and suffering
  • Emotional and mental suffering
  • Disfigurement (in correct situations)
  • Medical costs
  • Living expenditures
  • Lost earning, along with future lost earning capability

Maritime injury law is extremely complex. It remains in your benefit to consult an experienced maritime legal representative in order to get the maximum compensation for your injury.

Common Mistakes Seaman Make With Settlement

As soon as you've been injured on the job, insurance adjusters and even your employer will start the process of trying to pay the least amount possible for your injuries. It's important to take your time when signing and submitting files, as you can be misguided to sign something that keeps you from getting what you are entitled to. For instance, if you have been injured on the job, you have the right to maintenance and cure no matter the method the accident occurred in and who is at fault. In addition, you may also have rights under general maritime law for pain, suffering, lost earnings, living expenditures, and more.

Insurance companies, even in the maritime industry, are known for attempting to settle low with injured employees and save as much money as they can. A well-informed maritime injury attorney understands these strategies and will make sure that all your rights are being fulfilled before you sign any documentation. Furthermore, there is a possibility that your injuries may get blamed on pre-existing conditions or because of fault of your own, which usually gets employers off the hook for liability. These scenarios are among a few of the techniques that employers and insurance companies perform in order to get out of paying you what you deserve. As a result, you should completely understand how general maritime law works and what you are rightfully entitled to prior to signing any documents. In fact, it remains in your best interest to have your lawyer look over all of your documents prior to signing anything in order to even the playing field against your employer and the insurance provider.

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