Offshore Accidents / Maritime
Maritime and Admiralty Law: Protecting Seamen's Rights and Compensation for Offshore Injuries
The Gulf Coast waters are home to numerous seagoing vessels and are dotted with oil and gas rigs. As advancements in oil exploration continue to push technological boundaries and shipping traffic rises with businesses seeking more cost-effective transportation methods, it’s inevitable that accidents and injuries will increase. The area of law that addresses injuries occurring on ships and other vessels is known as admiralty or maritime law.
Maritime workers face distinct risks in their jobs, which is why they are protected by specialized laws, including the Jones Act, ensuring their right to compensation for injuries or death. These workers operate on a variety of vessels, such as fishing boats, supply vessels, yachts, processing vessels, tugs, crew boats, transfer boats, pogie boats, and shrimp boats, as well as on jack-up oil rigs in the Gulf of Mexico. Maritime accidents can also occur during helicopter transport to offshore rigs. Maritime workers encompass seamen, but also include oil drillers, roustabouts, deckhands, cooks, and riggers. From injuries caused by oil rig explosions to barge accidents or slip-and-fall incidents offshore, our firm is well-versed in handling personal injury claims for seamen seeking compensation for their injuries.
We have extensive experience in various maritime and admiralty claims. Additionally, Scott Davenport is one of the few attorneys who holds a Transportation Worker Identification Credential (T.W.I.C.). This credential grants Scott unescorted access to secure areas of port facilities, offshore facilities, and vessels regulated under the Maritime Transportation Security Act of 2002 (MTSA), as well as to U.S. Coast Guard-credentialed merchant mariners.
Jones Act
The Jones Act includes provisions specifically designed to protect the rights of seamen. This law allows sailors and other workers on ships, boats, barges, and oil rigs to seek compensation or damages from their employers if they are injured due to the negligence of the ship owner, captain, or fellow crew members.
Employers often defend against Jones Act injury claims by arguing that the worker does not qualify as a seaman or that the ship or offshore oil rig is not considered a vessel. They may also offer unreasonably low settlements for maintenance and cure. Our attorneys are well aware of the tactics employers use to try to deny benefits to injured seamen. With our experience, we can help you challenge an employer if you or a family member has suffered a serious or fatal injury. Always seek legal counsel before agreeing to any settlement.
Onshore & Offshore Injuries
Accidents can occur at any time for the crew, and the Jones Act provides protection to seamen whether they are working offshore, in port, or even onshore, as long as they are on “ship’s business” or “in the service of the ship.” We represent seamen who have been injured in both onshore and offshore accidents, including incidents like slipping and falling on the dock or being injured by a forklift while loading a ship.
Unseaworthiness and Other Areas of Employer Liability
An unseaworthiness claim can be filed if the employer owns the vessel and an injury occurs due to an unsafe condition on board. Employers can be held accountable for:
- Failing to provide a safe working environment, such as an unsafe vessel or any other location under their control
- Violating safety statutes
- Failing to provide adequate medical care
- Negligence by others in their employ, including the negligent actions of co-workers of the injured seaman
Overboard Accidents / Death on the High Seas Act
Employers are obligated to search for and attempt to rescue a seaman who falls or jumps overboard. The search must continue for as long as it is reasonable to believe the seaman could still be alive in the water. Failure to conduct this search can result in liability under the Act. If a seaman dies in an oil rig accident or another maritime accident, a wrongful death claim may be filed under the Jones Act, general maritime law, or a separate federal statute known as the Death on the High Seas Act.
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