Maritime and Offshore Cases

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Offshore workers face particularly high risks of on-the-job-injury. Seaman working offshore live a life that is completely different in many respects from those working onshore. Seaman and offshore workers spend days, weeks, and even months at a time away from their families, away from medical help, and on the open ocean or other large bodies of water. Fortunately, the law recognizes the special contributions, and special dangers, faced by maritime workers. Call Steve Lee today at 713.921.4171 or 800.232.3711 to discuss your case.

The Jones Act

The Jones Act permits injured seaman to seek money damages for on the job injuries. As any seaman knows, working offshore can be very dangerous. The Jones Act appreciates this fact, and Jones Act employers may be responsible for any negligence or unseaworthiness of their vessel.

Injured seamen also get maintenance and cure, which is payment for medical treatment and a small daily allowance for living expenses, even if there is no negligence, as a long as the injury occurred in the course and scope of the seaman's employment.

Injured seamen may recover past medical expenses, and future medical expenses, loss of income (both past and into the future), mental anguish, disfigurement, pain and suffering, loss of enjoyment of life, and impairment.

We are often asked by potential clients whether they are considered "seaman" under the Jones Act. The Seaman Status Test Under the Jones Act, generally, to be a "seaman" under the Jones Act, an injured offshore worker must prove three things:

1. A relatively permanent connection to a vessel or identifiable group of vessels;

2. The vessels must be "in navigation." (This DOES NOT mean the vessel must be moving.)

3. The injured worker's duties must contribute to the mission or function of the vessel. (This is defined very broadly).

Courts look at all three factors, and look at the totality of the worker's duties and connection to the vessel. Courts are also not allowed to look only at the specific work being done at the time of the injury. Instead, they look at the entire employment history. People who serve on freighters, tugboats / towboats, crew boats, tankers, jack-up rigs, semi-submersibles, supply boats, lay barges, barges, fishing boats, and crew boats who are members of the crew are considered to be seamen under the Jones Act.

Some of the most frequent types of injuries include injuries on Jack-up drilling rigs and oil platforms, boating and vessel injuries, diver injuries, and helicopter injuries. There are four very important things you must know if you were injured offshore working with an oil and gas company or in a supporting role:

Most lawyers do not have any experience at all representing offshore oil and gas workers. These claims are highly specialized, complicated, and expensive. You need to make certain that the lawyer you hire has experience with these types of claims.
Your claim may fall under one of four different legal remedies. They are the Jones Act, General Maritime Law, Longshore & Harbor Worker's Compensation Act, and the Outer Continental Shelf Land's Act. Each set of laws is very different and it takes an experienced offshore lawyer to help you navigate your way to the best possible recovery.
You are generally entitled to medical care if you are injured offshore in the oil and gas fields, regardless of who was at fault. And you aren't necessarily required to go to company doctors.
If you suffered a serious injury, you may be entitled to appropriate and fair compensation. And unlike many state-based laws where the compensation is completely inadequate (like worker's compensation), offshore oil and gas injury claims generally entitle the prevailing party to much more reasonable and fair compensation.

Those who work on fixed platforms and longshoremen are not Jones Act seamen. That doesn't mean don't have any remedies. They just can't file a Jones Act case. The experienced team at ATTORNEY STEVE LEE’S office can help you determine the type of case you have and what remedies are available for you!

The Law Firm of Attorney Steve Lee was established in 1973 and has been in the SAME LOCATION FOR 35 YEARS. We have helped tens of thousands of injured people over the last 35 years and our experienced, bi-lingual team of attorneys and support staff are standing by to help you and your family.

Blog for Maritime and Offshore Cases

Library for Maritime and Offshore Cases:

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Maintenance and Cure for Injured Seamen
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Rights for Injured Longshoremen and Harbor Workers
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Determining Seaman Status Under the Jones Act
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Steven M. Lee, PC
5823 Gulf Freeway
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Houston, TX 77023
Phone: 713-921-4171
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