Offshore Injuries

Have You Been Injured Offshore?

According to the Bureau of Safety and Environmental Enforcement (BSEE), there are hundreds of people injured offshore on the Outer Continental Shelf (OCS) each year, which includes the Gulf of Mexico, Pacific coast, Atlantic coast, and the coast of Alaska.

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Lawyers For Victims Injured Offshore

Being injured offshore can have a devastating effect on your life. If someone else is to blame for injuring you, you may be able to recover money to pay for your medical treatment and put your life back together. You need to talk to an experienced offshore injury lawyer right away.

Filing a claim for compensation after you’ve been injured offshore can be tough. The maritime company will have the money at their disposal to be able to hire attorneys to fight your case. By relying on our New Orleans personal injury attorneys, you have a team by your side that is ready to fight for you.

personal injury: burn injuries

Burn Injuries

We often face risks of a burn injury as we go about our day and don’t realize it. Whether in a home, place of business, or a workplace, if a burn risk is present, the owner or operator of the property has a duty to warn visitors or workers of their risk. Otherwise, they may be found negligent and held liable for an accident which resulted in injury.

Personal Injury: Back Injuries

Back & Spinal Cord Injuries

Spinal injury and severe spine trauma can be especially devastating as your mobility and sensory functions can be damaged beyond. Our New Orleans attorney represents victims of maritime accidents to help them recover financial damages.

personal injury: brain injuries

Traumatic Brain Injuries

The brain is the control center of our bodies, including our personalities, which means an injury can have severe consequences for our quality of life. Depending on the part of the brain which is injured, you can experience problems with your senses, digestion, immune system, muscle movement, and other bodily functions.

catastrophic personal injury

Catastrophic Injuries

Catastrophic injuries are events which cause damage to the victim’s cognitive abilities or physical mobility. The word “catastrophic” is used to define these injuries because, when they occur, they have a profound and permanent effect on the quality of life experienced by the victim.

What Steps Should I Take if I am Injured Offshore?

To protect your rights as an employee who has been injured offshore, you need an attorney that is well-versed in the maritime law. When an individual is injured offshore, the risk management team of the maritime company will act immediately. This could mean they are gathering statements and/ or reviewing evidence. Before you talk to anyone about the incident, you need an attorney. Case managers of the company or consultants can be tough and want to talk to you and try to get you to complete certain steps, something you do not have to do. 

You must be very careful and assume that anything you are to stay would be recorded. Speaking to one of our Louisiana personal injury attorneys will ensure that your best interests are considered, and a claim filed for compensation if needed. Our attorneys can help you to protect yourself, something that your company is not going to be doing, as they are only looking out for themselves. 

When you are injured offshore in a maritime employment position, receive medical care immediately, and then contact our office. Contacting us as soon as possible will ensure that any evidence can be reviewed, and all details of the case considered. We can then decide on the best course of action for your individual case. In most instances, the injured party has the right to file a claim for compensation due to the negligence of a fellow employee or the company operating the vessel or oil rig. 

Compensation can be filed for by our attorneys that will help the injured party to pay for medical bills as well as for lost wages. Our expert attorneys have vast experience in dealing with maritime injury cases and are ready to review your case. Let our team provide you with optimal legal advice so you can act accordingly for your compensation needs.

A maritime company will go to great lengths to avoid paying you anything for your injuries, going so far as to trying several legal tactics. Below are a few examples of what to avoid when injured on the job:

  • Avoid Giving A Recorded Statement:

If you are injured, your company may try to get you to record a statement about the injury. An insurance company may be hired to look into your injury claim and also ask for a recorded statement. However, the company you work for and an insurance company do not have your best interests at heart. The goal of the company or insurance adjuster is to get a statement from you and then use the information to try and transfer the fault to you. Instead of giving a statement, speak to our New Orleans personal injury attorneys. At Cueria Law Firm, we have the experience to help you win your case.

  • Avoid Seeing A Specific Doctor:

Maritime law dictates that an injured employee has the right to see their own physician when injured on the job. A maritime company, however, will often try to insist that you be treated by a doctor that works for the company. This visit could harm any claim you have. A company doctor can deny or stop any needed testing that could prove just how serious your injury is. A doctor that works for the company is not on your side. See your own physician to ensure you receive proper medical care from a professional who has your best interests in mind.

Frequently Asked Questions About Maritime Injury Law:

What compensation is available under the Jones Act?

Unlike other land-based industry workers who can turn to workers’ compensation, there is no administrative body that handles maritime workers’ injury claims. Rather, workers must file a claim under the Jones Act, which provides injured seamen with three main types of rights:

1) The right to sue his employer for negligence

Maritime business owners have a duty of care to their employees to provide a reasonably safe working environment and to maintain and keep the vessel in a safe condition. If the employer breached his duty and acted negligently, such as failing to maintain equipment or implementing unsafe work methods, seamen have a right to sue their employer for damages.

Based on the general maritime law, a shipowner must ensure the vessel is maintained based on certain standards. The vessel must be safe and the structure sound for every employee on board. The shipowner has a duty to ensure that the vessels are properly manned, the equipment is operating correctly, and the vessel is supplied with everything needed for a successful journey offshore. If a vessel is unseaworthy, and an employee is injured due to this, the owner of the ship can be responsible for missed wages or medical bills.

Damages that are recoverable under the Jones Act are broad. They include those for lost wages, medical bills, disability, disfigurement, pain and suffering, and even vocational rehabilitation training, loss of future earning capacity, lost enjoyment in life, and punitive damages (this is each court’s discretion). Shipowners often try to pay old maintenance rates to injured employees in order to avoid paying more than they would like. They may also try to hand-pick the covered medical treatments in order to pay less. It is important to know your rights as an injured seaman and receive proper compensation. This is where our Louisiana attorneys come in. From a burn injury to disability due to an accident, we can help you to recover your losses and be properly compensated.

2) The right to sue the vessel owner for damages if the vessel was unseaworthy

Vessel owners are strictly liable for employees’ damages when the vessel is deemed unseaworthy and its defects were the cause of the employee’s injuries.

Technically, unseaworthiness claims fall under General Maritime Law [46 U.S.C. § 30104]. The United States Courts for the Ninth Circuit explains what unseaworthiness entails: “A vessel is unseaworthy if the vessel, or any of its parts or equipment, is not reasonably fit for its intended purpose [or if its crew is not reasonably adequate or competent to perform the work assigned].”

The damages for lawsuits of this nature are akin to those for employer negligence claims.

3) The right to basic income and medical benefits

Seamen are entitled to basic compensation for work injuries, much like those provided under state workers’ compensation programs. These benefits, referred to as maintenance and cure, are a given, i.e., they are not based on negligence.

Maintenance refers to an income benefit that covers the cost of the seaman’s room and board while he is recovering. This includes recovery for certain essentials including rent, property taxes, insurance, and food. Cure refers to medical benefits and includes all necessary and reasonable medical expenses the seaman has for his work-related injuries.

What compensation is available under the Outer Continental Shelf Lands Act?

Legislators enacted the OCSLA, an extension of the LHWCA, to protect oilrig and other employees who work on the outer continental shelf, the land beneath navigable waters between state and federal jurisdiction. This act is essentially the equivalent of workers’ compensation, providing the same basic types of benefits that land workers receive when they sustain injuries on the job.

Compensable benefits include:

  • Medical care, including emergency care, hospital care, treatments, surgeries, and prescriptions
  • Disability benefits, including temporary total disability (TTD), permanent partial disability (PTD), permanent partial disability (PPD), and temporary partial disability (TPD). Income replacement benefits are generally calculated at two-thirds of the workers’ pre-injury wages.
  • Death benefits, which provide survivors with income replacement and up to $3,000 in funeral expenses. Surviving spouses are entitled to 50 percent of the deceased’s pre-injury wages for life or until she remarries. Children receive 16 2/3 percent of the pre-injury wages, or 50 percent if there is no surviving spouse.
What is Maritime Law or Admiralty Law?

It is a body of law in which the conduct of vessels is governed, including incidents that happen at sea. Louisiana is a coastal state, so many employees work in the maritime industry. From seamen to oil rig workers, some individuals will face issues or injuries relating to their job and need help with admiralty law. That is where we come in. At Cueria Law Firm, we specialize in assisting offshore employees who have been hurt in an accident. We have over 25 years of experience in handling cases that fall under the admiralty law and are here to help you. 

 There are many types of injuries that you could be entitled to receive compensation for under the maritime laws. 

Admiralty law not only covers employees but also focuses on individuals who are passengers of a sea vessel. Admiralty law is complex and includes many things. That is why it is important to work with a seasoned attorney’s office who specializes in maritime law. 

 Understanding your rights about your situation will give you a better chance at a fair recovery. Cueria Law Firm is very knowledgeable about cases that fall within this scope of the law and will schedule a free consultation with you to discuss your case. 

Maritime Law Attorney

Ship Owners and Admiralty Law

How does admiralty law apply to ship owners? A shipowner is required to care for crew members as well as passengers. If a passenger or crew member is injured due to the negligence of the shipowner, then a suit can be brought against the owner. Shipowners are obligated to maintain their vessels and take safety measures for both passengers and crew members.

The most common need for admiralty law knowledge involves employees. From harbor workers to seamen and offshore oil rig workers, it is essential to know your rights, primarily when an injury occurs. Maritime employment is hazardous and can lead to injury, even death. When an injury occurs, it can lead to high medical bills, time off from work, permanent disability, or death.

What is The Limitation of Liability Act in Louisiana?

Have you or a loved one been injured while on an offshore vessel? The Maritime Law of the United States says that an owner of a ship where an injury has occurred can be subject to liability for any losses or damages that occur during a voyage. At Cueria Law Firm, we have seen time and again where ship owners try to avoid being responsible for accidents that occur, such as burn injuries or mechanical failures, and even death. What shipowners will do is use the Limitation of Liability Act to be able to limit the amount of liability they face if the condition of the vessel is less than seaworthy, and it caused an accident or death to occur without their knowledge of the state of the vessel.

Under this act, personal injury losses like collisions, cargo loss, and death are covered. An injured seaman will soon see how this act plays a part when trying to recover compensation. The act is used to determine the amount of coverage as well as the availability of payment. Injured seamen often find they are not provided full coverage for loss or the injury suffered based on this act.

Because the Limitation of Liability Act plays a significant role in the amount of compensation earned by the injured seaman, it is essential to have an experienced attorney by your side. There are several ways an offshore employee can be harmed on the job. An explosion or fire can take place, which can lead to burning injuries. In this scenario, you want an experienced Louisiana burn injury attorney by your side who understands personal injury law as well as maritime laws. In any situation involving being out on the open water, you want to work with an attorney who has experience in handling injury claims for offshore employees.

What compensation is available under the Jones Act?

Unlike other land-based industry workers who can turn to workers’ compensation, there is no administrative body that handles maritime workers’ injury claims. Rather, workers must file a claim under the Jones Act, which provides injured seamen with three main types of rights:

1) The right to sue his employer for negligence

Maritime business owners have a duty of care to their employees to provide a reasonably safe working environment and to maintain and keep the vessel in a safe condition. If the employer breached his duty and acted negligently, such as failing to maintain equipment or implementing unsafe work methods, seamen have a right to sue their employer for damages.

Based on the general maritime law, a shipowner must ensure the vessel is maintained based on certain standards. The vessel must be safe and the structure sound for every employee on board. The shipowner has a duty to ensure that the vessels are properly manned, the equipment is operating correctly, and the vessel is supplied with everything needed for a successful journey offshore. If a vessel is unseaworthy, and an employee is injured due to this, the owner of the ship can be responsible for missed wages or medical bills.

Damages that are recoverable under the Jones Act are broad. They include those for lost wages, medical bills, disability, disfigurement, pain and suffering, and even vocational rehabilitation training, loss of future earning capacity, lost enjoyment in life, and punitive damages (this is each court’s discretion). Shipowners often try to pay old maintenance rates to injured employees in order to avoid paying more than they would like. They may also try to hand-pick the covered medical treatments in order to pay less. It is important to know your rights as an injured seaman and receive proper compensation. This is where our Louisiana attorneys come in. From a burn injury to disability due to an accident, we can help you to recover your losses and be properly compensated.

2) The right to sue the vessel owner for damages if the vessel was unseaworthy

Vessel owners are strictly liable for employees’ damages when the vessel is deemed unseaworthy and its defects were the cause of the employee’s injuries.

Technically, unseaworthiness claims fall under General Maritime Law [46 U.S.C. § 30104]. The United States Courts for the Ninth Circuit explains what unseaworthiness entails: “A vessel is unseaworthy if the vessel, or any of its parts or equipment, is not reasonably fit for its intended purpose [or if its crew is not reasonably adequate or competent to perform the work assigned].”

The damages for lawsuits of this nature are akin to those for employer negligence claims.

3) The right to basic income and medical benefits

Seamen are entitled to basic compensation for work injuries, much like those provided under state workers’ compensation programs. These benefits, referred to as maintenance and cure, are a given, i.e., they are not based on negligence.

Maintenance refers to an income benefit that covers the cost of the seaman’s room and board while he is recovering. This includes recovery for certain essentials including rent, property taxes, insurance, and food. Cure refers to medical benefits and includes all necessary and reasonable medical expenses the seaman has for his work-related injuries.

What compensation is available under the Outer Continental Shelf Lands Act?

Legislators enacted the OCSLA, an extension of the LHWCA, to protect oilrig and other employees who work on the outer continental shelf, the land beneath navigable waters between state and federal jurisdiction. This act is essentially the equivalent of workers’ compensation, providing the same basic types of benefits that land workers receive when they sustain injuries on the job.

Compensable benefits include:

  • Medical care, including emergency care, hospital care, treatments, surgeries, and prescriptions
  • Disability benefits, including temporary total disability (TTD), permanent partial disability (PTD), permanent partial disability (PPD), and temporary partial disability (TPD). Income replacement benefits are generally calculated at two-thirds of the workers’ pre-injury wages.
  • Death benefits, which provide survivors with income replacement and up to $3,000 in funeral expenses. Surviving spouses are entitled to 50 percent of the deceased’s pre-injury wages for life or until she remarries. Children receive 16 2/3 percent of the pre-injury wages, or 50 percent if there is no surviving spouse.
What is Maritime Law or Admiralty Law?

It is a body of law in which the conduct of vessels is governed, including incidents that happen at sea. Louisiana is a coastal state, so many employees work in the maritime industry. From seamen to oil rig workers, some individuals will face issues or injuries relating to their job and need help with admiralty law. That is where we come in. At Cueria Law Firm, we specialize in assisting offshore employees who have been hurt in an accident. We have over 25 years of experience in handling cases that fall under the admiralty law and are here to help you. 

 There are many types of injuries that you could be entitled to receive compensation for under the maritime laws. 

Admiralty law not only covers employees but also focuses on individuals who are passengers of a sea vessel. Admiralty law is complex and includes many things. That is why it is important to work with a seasoned attorney’s office who specializes in maritime law. 

 Understanding your rights about your situation will give you a better chance at a fair recovery. Cueria Law Firm is very knowledgeable about cases that fall within this scope of the law and will schedule a free consultation with you to discuss your case. 

Maritime Law Attorney

Ship Owners and Admiralty Law

How does admiralty law apply to ship owners? A shipowner is required to care for crew members as well as passengers. If a passenger or crew member is injured due to the negligence of the shipowner, then a suit can be brought against the owner. Shipowners are obligated to maintain their vessels and take safety measures for both passengers and crew members.

The most common need for admiralty law knowledge involves employees. From harbor workers to seamen and offshore oil rig workers, it is essential to know your rights, primarily when an injury occurs. Maritime employment is hazardous and can lead to injury, even death. When an injury occurs, it can lead to high medical bills, time off from work, permanent disability, or death.

What is The Limitation of Liability Act in Louisiana?

Have you or a loved one been injured while on an offshore vessel? The Maritime Law of the United States says that an owner of a ship where an injury has occurred can be subject to liability for any losses or damages that occur during a voyage. At Cueria Law Firm, we have seen time and again where ship owners try to avoid being responsible for accidents that occur, such as burn injuries or mechanical failures, and even death. What shipowners will do is use the Limitation of Liability Act to be able to limit the amount of liability they face if the condition of the vessel is less than seaworthy, and it caused an accident or death to occur without their knowledge of the state of the vessel.

Under this act, personal injury losses like collisions, cargo loss, and death are covered. An injured seaman will soon see how this act plays a part when trying to recover compensation. The act is used to determine the amount of coverage as well as the availability of payment. Injured seamen often find they are not provided full coverage for loss or the injury suffered based on this act.

Because the Limitation of Liability Act plays a significant role in the amount of compensation earned by the injured seaman, it is essential to have an experienced attorney by your side. There are several ways an offshore employee can be harmed on the job. An explosion or fire can take place, which can lead to burning injuries. In this scenario, you want an experienced Louisiana burn injury attorney by your side who understands personal injury law as well as maritime laws. In any situation involving being out on the open water, you want to work with an attorney who has experience in handling injury claims for offshore employees.

maritime workers compensation

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