If you or a loved one has been involved in an offshore accident call for a free initial consultation.
The Law Office of William Gee III
2014 W. Pinhook Road,
Suite 501
Lafayette, Louisiana 70508
1-800-488-5227
A tough, experienced lawyer who knows offshore injury law—that's what you need if you have been injured. If you are a seaman working in the Gulf, call attorney William Gee III today at 1-800-488-5227.
A seaman injured at work has rights written into law by the Jones Act that other maritime and non-maritime workers do not have, including maintenance and cure, tort damages for the vessel's unseaworthiness and tort damages for employer negligence. Who qualifies for Jones Act protections? Generally, someone may be eligible if the individual works at least 30% of his or her time on a boat or vessel in navigation. This may include a jack-up submersible or semi-submersible rig as well as barges and workboats. Common offshore injuries include, but are not limited to:
Pick up the phone today and call 1-800-488-5227, or contact our offices online. Delay may affect your rights to compensation under the Jones Act or other laws related to a seaman's injury. There is no charge for the initial consultation.
A "seaman" is usually a member of the crew of a vessel or watercraft who is exposed to the "perils of the sea" as part of his employment. A worker must have an employment-related connection to a vessel that is capable of transportation over water. A worker employed primarily on a fixed platform or vessel under construction or repair is typically not a seaman. Further, the employee must perform some work that contributes to the function of the vessel or its mission.
The one rule-of-thumb for seaman status is that the injured individual must have worked at least 30% of his or her time on a vessel in navigation. That determination is made by considering the seaman's employment with the particular employer as a whole, not just on a "snapshot" basis at the time of the injury. This means that if a worker spends over 30% of his time on a vessel in navigation, but is injured while performing some task on land, he or she may potentially still be considered a seaman based on the whole picture of his or her employment. Also, seamen often work on more than one vessel. The law recognizes that a seaman can be connected to a "fleet of vessels," which means that the group of vessels are owned or controlled by the same employer or are acting together to accomplish a common purpose. Finally, the definition of a vessel is sometimes a hotly contested legal issue in seaman and maritime litigation. The United States Supreme Court in 2006 spoke on the issue and greatly expanded the definition of a "vessel" to mean any watercraft that is practically capable of transportation on water. "Vessels" for purposes of seaman status can now include movable and jack-up rigs, barges, and dredges, as well as more traditional types of boats and vessels.
If a worker injured on a vessel is considered to be a seaman, he or she may have claims and remedies against an employer that other maritime and non-maritime workers do not have, including Maintenance and Cure, Tort Damages for the Vessel's Unseaworthiness and Tort Damages under the Jones Act.
A seaman's potential claims for any negligence of his employer or co-employees and potentially against the vessel owner or operator for any unseaworthiness are governed by negligence and tort principles of law. The third potential claim a seaman may have is for maintenance and cure. (Medical bills to a point of maximum medical cure, and a daily living allowance)
The U.S. Supreme Court has recently ruled that a seaman may recover punitive damages from an employer for arbitrary and callous refusal to pay for cure (medical treatment) and maintenance (money to live on).
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