We have effectively dealt with numerous maritime claims including offshore drilling activities in the Gulf of Mexico and worldwide. Our accident lawyers have dealt with claims including commercial and sport diving injury and death claims, claims on behalf of blue water seamen who suffered injuries on the high seas, as well as claims including accidents and deaths resulting from offshore drilling operations, consisting of jack‑up rigs, semi‑submersibles, drilling platforms, team lift boats, living quarters, cryogenic platforms, lay barges, and other special purpose vessels and running platforms.
Maritime Laws and Laws Can Include:
Death on the High Seas Act (DOHSA)-- For a maritime employee's household to be qualified to declare advantages under the Death on the High Seas Act (DOHSA), the incident has to take place on the high seas, more than three nautical miles from shore.
Jones Act-- A federal law that governs the liability of aquatic companies and operators for their workers' job-related injuries, supplying legal remedies to seafarers hurt while working on a vessel.
Longshore and Harbor Workers Payment Act (LHWCA)-- Supplies workers' compensation advantages for maritime employees who are not seamen, filling the gap between the Jones Act and state workers' compensation. The Department of Labor (DOL) provides LHWCA, and injured employees who receive protection are entitled to benefits.
Outer Continental Shelf Lands Act (OCSLA)-- The external continental shelf consists of any and all submerged lands beyond state coastal waters, more than three miles offshore, which are under United States jurisdiction. OCSLA supplies a hurt seafarer the right to bring a suit for occurrences that happen on the Outer Continental Shelf.
Personal injury lawyer handled an ARCO cryogenic platform explosion case in the early 1990s, which included a SONAT subsea pipeline in the Gulf of Mexico. The Lambert Firm served as lead counsel because multiple party claim, and was instrumental in its resolution for a multi‑million dollar sum within approximately one year of the date of the event.
Contact a Maritime Legal representative
Our law office has actually been dealing with major maritime accidents in Louisiana and throughout the Gulf Coastline region for over 35 years. If we manage your case, there are no fees unless we recover cash in your place. Our aggressive accident lawyers will work hard to get you the very best possible result. Contact our mishap attorneys today for support with any concerns you might have about your case.
TRUST YOUR CASE TO THE LEADERS IN OFFSHORE & MARITIME INJURY LAW
Admiralty and maritime injury law is an intricate area governed by a variety of federal statutes. Your chances and rights to recuperate financial payment under the Jones Act and other maritime laws might be much different than those in any other type of injury case.
In addition to numerous cases including drilling rigs, barges, tugboats, other vessels, oil platforms and transportation helicopters on U.S. waterways, our attorneys have actually dealt with numerous maritime law cases coming from worldwide and international waters. Call our law firm today if you need a lawyer to examine your maritime injury claim. We also handle pedestrian injury claims.
Jones Act and 905(b) Claims-- Casualties-- Global Cases
We focus on serious maritime accidents and injuries, anywhere they occur along the Gulf Coast or somewhere else. You can depend on our ability to deal with:
Jones Act claims, in addition to third-party personal injury lawsuits, for maritime employees injured dealing with U.S. waterways or docks.
Shore-based maritime injuries finest addressed through 33 U.S.C.A. § 905(b) declares versus a vessel as a third party or party other than the employer.
International maritime injuries
Fatal maritime accidents leaving family members without financial support and friendship
Effective recuperations for victims of serious injury
Current maritime cases we have actually effectively dealt with consist of substantial verdicts and settlement awards for:
A boat captain seriously hurt in a mutiny off the coastline of Angola
The victim of a mishap aboard the dredging vessel Pontchartrain, for which the Great Lakes Dredge & Dock Business was discovered 100 percent accountable
Injuries suffered by a captain being moved in a personnel basket between vessels in the Gulf of Mexico
A Mississippi male who suffered chemical burns and back injuries in an offshore helicopter crash-- involving negligence in rescue efforts by offender Houston Helicopters, Inc.
A mechanic on a seismic survey vessel operated by WesternGeco Resources, Inc., who suffered permanent back injuries when his head struck an improperly put beam, leading to a Jones Act claim and verdict affirmation in trial court
A maritime legal representative practices the law as it refers to accessible fresh waters in the United States, along with to the open water such as in the Gulf of Mexico or along the seaside coast of the US.
Admiralty law is a federally acknowledged body of laws that formalizes the enduring maritime maintenance and remedy customs, which have actually been recognized for centuries. The average personal injury lawyer is not going to understand all the progressing fine points of maritime law. An achieved maritime mishap attorney will.
More Information RE: The Jones Act.
The Jones Act, formally known as the Merchant Marine Act of 1920, safeguards certain rights of seafarers when they qualify under the law. The Jones Act enables a maritime legal representative to bring legal actions on the behalf of a hurt seafarer, against ship owners, ship captain, or other team members after a mishap has actually happened.
Do note that although the Jones Act is a comparative neglect statute, which indicates that your very own carelessness will simply reduce your damages proportionately, the Jones Act DOES NOT supply advantages to seamen who were injured totally through faults of their own. If you were talking to a maritime lawyer, he might offer as an example the case where a seaman who is inebriateded while on board his vessel has an accident that is shown to be caused 100 % by his own actions and not by the fault of another person. In such a case, this seafarer would not be covered under the Jones Act and might not claim any compensation for his injuries. On the other hand, a maritime lawyer had the ability to encourage a jury in a Jones Act claim that the seafarer was 65 percent negligent and his employer was 35 percent negligent, the seafarer would receive damages minus (in this theoretical example) the portion (65 %).
In cases where a maritime attorney can show that a seaman's injuries are a result of company carelessness, that seaman would be secured. Typical examples of company negligence that your maritime legal representative would examine include:
Failure to provide a seaworthy vessel
Absence of appropriate security training before allowing seamen to perform their tasks
Failure to repair malfunctioning parts and devices
Failure to carry out routine check-ups on all equipment and parts
Failure to guarantee vessel decks include no-skid surface areas
Failure to guarantee indication are put in harmful areas onboard the vessel
Failure to offer workers with the correct safety devices Carelessness of the seafarer's colleagues
Assault by a colleague
Unsafe work methods
Additional Sources of Information Regarding Maritime Law and the Jones Act
Free Claims, Caselaw, and Legal Commentary Concerning the Merchant Marine Act of 1920: Read lots of short articles about Maritime Law from the International Risk Management Institute
Text of the Merchant Marine Act of 1920 (Jones Act) SEC. JONES ACT - RECUPERATION FOR INJURY TO OR DEATH OF SEAMAN (46 App.
The Longshore and Harbor Workers' Payment Act is the statutory employees' payment provision that covers particular maritime workers, consisting of most dock workers and maritime workers not otherwise covered by the Jones Act.
The Longshore and Harbor Employees' Payment Act frequently abbreviated as LHWCA offers certain workers' payment benefits for maritime workers who are not seamen covered under the Jones Act. Maritime legal representatives do not deal with such cases.
The LHWCA and Death on the High Seas Act (DOHSA), are two of the other major maritime laws that are invoked throughout maritime and offshore injury lawsuits. The Death on the High Seas Act permits a maritime attorney to promote for widows or dependents of maritime employees who seek payment for their loveones' deaths due to neglect of a ship's captain or other team members, or the un-seaworthiness of a vessel running off coast by more than three nautical miles. When neglect is presumed in the case of the death of a maritime employee while employed on a boat or ship, there are other statutes, which also come into play, such as the General Maritime Law. Given that carelessness is such a major charge, a maritime injury legal representative will seek additional benefits to which their hurt customer is entitled if the offender(s) are found guilty.
Revenue Pollution and Deception BP and the Oil Spill: Released on Nov 1, 2013.
The Deepwater Horizon oil spill also referred to in journalism as the BP oil disaster, the BP oil spill or the Macondo blowout, started on 20 April 2010 in the Gulf of Mexico. The maritime legal representatives of the law practice of Gordon, Elias & Seely, L.L.P. represented a number of people and their households who suffered severe injuries and death from the BP oil disaster, winning significant compensation for them and their loved ones.
Maritime Claims Are Complicated.
As soon as possible, it is essential to get in touch with a skilled maritime accident legal representative, if you or a loved one is hurt while utilized as a maritime employee. You are worthy of to get the payment you deserve.
The maritime attorneys of the law practice of Gordon, Elias & Seely, L.L.P., Steven J. Gordon, Todd Elias, and Jeff Seely, have dozens of years of combined legal experience. We provide our clients not only the commitment and commitment to their health and wellbeing, however likewise the resources to manage Jones Act/ Maritime Law cases for employees in all sort of maritime occupations. The maritime lawyers of Gordon, Elias & Seely, L.L.P well deserve their credibilities for effectively prosecuting on behalf of hurt maritime workers.
If you have sustained a serious injury through the fault of others no matter whether you are a deckhand, a mate, an engineer, a tankerman, a cook, or a captain, a maritime injury attorney of Gordon, Elias & Seely, L.L.P. wants to help. Contact us today to put our aggressive, client-focused approach to work for you or your loved one.
For more information about admiralty laws and your rights, please contact our maritime attorneys today. A maritime mishap attorney will evaluate your case and discuss your legal alternatives free of charge.
Typical Offshore Injuries and mishaps
Seafarer are frequently susceptible to substantial injury and health problem on the job; in some ways, it's simply the nature of the work. There are, nevertheless, some mishaps and injuries that are more typical than others-- and numerous might have been avoided through the appropriate care and care.
Working offshore can be a challenging task, and it is not without substantial threats. According to the Health and Safety Executives (HSE), over a one year duration in between the years of 2010 to 2011, there were over 40 significant injuries that were incurred from an overseas accident. This led to a rate of significant and deadly injuries to 151 workers injured out of every 100,000 workers.
Over the years, due to stricter safety policies, there has been a reduction in the amount of injuries that are sustained by Jones Act seafarers, but this does not suggest that there are definitely no mishaps that take place any longer. The aspects of working outdoors on the ocean blue are extreme and can result in threats from sea, wind and sun; need to extreme weather condition hit (such as rain or snow), this can be exacerbated and can lead to slippery decks and so forth. Beyond this, overseas workers are commonly required to deal with heavy machinery. This in and of itself can be dangerous, especially must malfunctioning equipment come into play, however can be made even worse in the extreme climate condition.
The HSE mentions that of dangerous incidents while offshore, those that did not result in significant injuries, the most common causes were the release of hydrocarbon, items being dropped, having extreme weather conditions and lifting-operations gone improperly. These can be a severe incident for any overseas worker and unfortunately, these unsafe circumstances do not constantly result in an absence of injuries.
In the 2010/2011 work year, the most typical injury-causing accident was that of a slip and fall, which lead to over 17 major injuries. Following this, the next most typical cause of injury was being hit by a moving things, which was then followed by injuries that were incurred from heavy lifting or other handling of challenging and heavy to manage freight.
Once again, according to the HSE, the most common injuries that are sustained by seamen are injuries to the upper limb, wrists and fingers, accounting for 19 of the major injuries sustained between 2010 and 2011. Shortly behind that, the second most typical injuries target the lower limb (such as the ankle, foot and toes).
Must a Jones Act seafarer suffer a serious injury while working offshore, it is essential that they keep in mind that they are covered by maritime law. The United States has made it clear through pieces of legislation like the Jones Act, that seafarers have the right to file a claim must they have suffered injury or illness while on the task.
Jones Act Settlements and Claims
There are some things you should know about Jones Act claims if you have suffered serious injuries in the maritime industry. Unlike a personal injury claim that may arise from a car accident, Jones Act cases involve federal maritime law.
You should have an experienced Jones Act law firm handling your case. Under the Jones Act, injured workers on certain sea-going vessels and some offshore rigs are entitled to Jones Act settlements. Those who are covered include:
harbor and helicopter pilots;
barge and tugboat workers; and
various other workers injured on or near the water.
Before you file a claim and attempt to negotiate any Jones Act settlements, you should have a Jones Act law firm review your case.
4 Things to Know Before Filing a Claim Under the Jones Act
Four things that you should be aware of are maintenance and cure, different compensation claims, the statute of limitations, and the benefits of having legal counsel.
Maintenance and cure benefits go hand in hand and your employer is required to pay them. Maintenance is daily compensation for living expenses that you would receive while on duty. The rate could range from as little as $15 daily to as much as $50 daily. Cure involves all medical expenses, including surgery, hospital stays, doctor visits, medical devices and prescription medication that will be required until you reach maximum medical care-- the point when it is determined that your condition no longer will improve. When you reach this maintenance, point and cure benefits will cease.
Jones Act settlements are generally much higher if your injury involved negligence or a vessel's unseaworthiness. If you mistakenly make a claim under the wrong law, such as the Longshore-Harbor Workers' Act, your case could be jeopardized.
The third thing you should know is that there is a deadline for filing Jones Act claims, and it is generally 3 years from the date your injury occurred. You should be prompt in contacting an attorney to ensure that you meet the qualifications to file Jones Act claims for benefits. Once the 3-year period has passed, you will likely be out of luck.
Getting Help from a Maritime Law Attorney
The fourth thing you should know is how you can benefit from acquiring the help of a maritime attorney. There's a good chance that your employer will tell you that you don't need a lawyer. This is because they know you stand to gain a lot when you have a lawyer on your side.
A lawyer can help by gathering evidence to prove negligence, handling negotiations with insurers, and ensuring that you receive maintenance and cure and all other benefits that you are entitled to.
Contact an Experienced Jones Act Law Firm
Attorney Timothy Young in Louisiana understands maritime law and how it provides you with certain protections your employer may not want you to know about. The Young Firm, a maritime law firm in New Orleans, can help you if you have suffered boating accident injuries, an offshore accident or other injuries that fall under maritime law or the Jones Act. We are based in Louisiana, we are able and ready to help injured victims throughout the U.S. Order our free Maritime Injury Law guide and/or our guide to what to do when you are injured offshore to learn all about your rights as an injured worker.
When is the Correct time to Require a Offshore Injury Legal representative?
D you work in the offshore in the maritime market? Exactly what are the reasons behind the risks in the maritime overseas work? This is due to the fact that of lack in offshore maritime employees and more hours of field work.
There are various websites which provide a worker like you with lawyers that will handle your case based upon the Jones Act. By having an offshore injury legal representative by your side, you can constantly have the possibility to exercise your rights for complete compensation.
When is the ideal time to need the help of an overseas injury legal representative? This is when you need to deal with all the expenses of the healthcare, physical treatment, lost wages and prescriptions. When you feel like the business is not acting the way they must be and they are not playing fair, you truly have to get a experienced and extremely professional overseas injury lawyer based in Texas.
In order for you to understand which one can offer you the overseas injury attorney you can count on, be ready to conduct a comprehensive research study and background check. Investigate and know the testimonials of other overseas maritime workers who also suffered injuries concerning the best site and the best offshore injury attorney. One of the methods on how you can prove the knowledge of your picked offshore injury attorney is when he specializes in the Jones Act and the maritime laws.
Injury happened offshore is one of the events that an overseas maritime worker can not stop from occurring. If you are working in the seaside or maritime area of Houston, then you must have a Houston maritime attorney who will protect your case. Simply like the overseas injury legal representative a maritime lawyer likewise protects the rights of the client.
Advantages Of Using An Offshore Injury Law office
If you are a maritime employee who has been hurt or fallen ill during the course of responsibility, then you need the services of an overseas injury law firm. An offshore injury must ideally be made up for by the company, but this is not constantly the case as many business are usually crazy about safeguarding themselves from such claims. This is a good reason you need to look for an offshore injury law practice.
An offshore injury law firm will assist you get appropriately compensated by fighting your insurance business or even employer. You need not play victim while you can get the services of an offshore injury law firm.
Experienced In Offshore Injury Laws
Lawyers in an overseas injury law firm are experienced in the formalities involved in making claims for injuries incurred on the job by seafarers and offshore employees. You have 2 choices if you fall victim to an accident. Either look for compensation on your own or work with a lawyer to do so in your place. If you follow it up on your own, you will either fail to get any compensation or get less than you would have. The legal representative is usually extremely experienced in all matters relating to accident laws. This enables you to get payment commensurate with your injury.
Getting The Most Out Of Your Case
With the guidance of an offshore injury law practice, you can estimate the value of the compensation you can anticipate to obtain. Such information is crucial as it enables you to look for compensation of the right amount. You will neither short modification yourself nor the individual or entity that is expected to pay.
It is possible for you to miss really essential points during the case that may simply enhance the value of the compensation. A trained attorney has the abilities to obtain the most from your claim by performing extensive examinations into what transpired. If they can show that there was a circumstances of carelessness by your company then they might be compelled to pay you more.
Getting A Fair Shake
While handling huge business, it is best to have an offshore injury law firm representing you. This way, the company understands that should the settlements break down then they are likely to wind up in court. The business will, for that reason, aim to be reasonable during the arrangements and award you better compensation.
Generally, insurance companies utilize technical or somewhat deceptive language that may not suggest exactly what you think it does. With the services of an offshore injury law firm, a qualified attorney can go over the policy in place and identify exactly what is because of you.
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