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Frequently Asked Questions of Louisiana Maritime Injury Lawyer Larry CurtisThe following information includes frequently asked maritime personal injury questions. The answers are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Louisiana Maritime Injury Lawyer Larry Curtis, you can receive a personal consultation regarding your specific admiralty claim.
What is "admiralty," or "maritime" law? The terms "admiralty law," "maritime law," and "marine law" may historically have involved subtle differences in nuance, but modernly, for all intents and purposes, all three refer to the body of statutes, rules and practices pertaining to navigation and commerce, to any type of business conducted at sea, and to maritime matters generally. Its application was once specifically limited to workers employed in the shipping industry - longshoremen, harbor workers and crew members aboard the large sailing ships, but modern maritime legislation, as interpreted by the courts, has a much broader application extending to passengers, non-seaman maritime employees, and to various classifications of oil industry employees, including some onshore employees. How does admiralty or maritime law apply to oilfield workers? Traditionally, admiralty law did not apply to oilfield workers, but as the result of several important court decisions in the wake of the oil industry's involvement in offshore operations, its scope was significantly expanded. Today, its protection extends to offshore oilfield workers assigned to "floaters;" that is, special purpose structures capable of being floated from one location to another, like semi-submersible drilling rigs, jack-up drilling rigs, and inland barges. Since 1959, many oilfield workers hurt on the job have found protection under the general maritime law and under specific federal statutes such as the Jones Act, passed by Congress in 1920 for the benefit of traditional seamen employed shipboard. The Jones Act is a federal law which allows a worker to recover damages from his employer for injuries resulting from the employer's negligence. The Jones Act contains provisions, for example, requiring employers to provide employees with a safe place to work. If an employer fails to comply with this requirement and this results in an injury, the injured employee may be able to recover financial compensation. Injuries resulting from the unseaworthiness of a drilling rig, and the damages will generally include maintenance and cure. How does the Jones Act differ from Workers' Compensation? The Jones Act, a federal statute, serves the same purpose as state Workers' Compensation statutes, but without the substantial benefit limitations imposed by them. In this respect, Jones Act claims more closely resemble traditional personal injury lawsuits. Does the Jones Act permit recovery for occupational illness, cumulative trauma, or repetitive stress injuries? All of these injury categories fall within the coverage of the Jones Act, however, there are time limits during which a claim must be filed, and failure to file within the time limits results in forfeiture of the claim. An experienced, qualified maritime lawyer can assist you in making certain that your claim is filed within the appropriate time limit, as well as other important aspects of your claim. The traditional meaning of this term is "unfit to traverse the seas," but in modern maritime law, it means the failure of a ship or offshore drilling rig owner to maintain the ship or rig in such condition that it is reasonably safe. The owner has an absolute legal duty to each member of the crew to maintain the ship or drilling rig in such condition that it is reasonably safe for its intended use. The owner's duty in this regard includes an obligation to supply an adequate crew and reasonably fit tools and equipment for the work to be performed. Maintenance is the cost of food and lodging, and transportation to and from a medical facility until such time as no further improvement is expected from a disabling injury or illness suffered while at work. Cure is the cost of all reasonable medical attention required by an injury or illness occurring while in the service of the vessel to which he or she is assigned. What damages can an injured oilfield worker recover under the Jones Act? Under the Jones Act, an injured worker can recover damages for:
Under the Jones Act, a spouse and dependent children can recover damages for pre-death pain and suffering and reimbursement for funeral and burial expenses. They may also recover damages for the loss of support and services. Offshore Platform Accidents When a worker is injured or killed on a fixed offshore platform, will a related claim be governed by state law or federal law? In most cases the law of the adjacent state applies, but in some cases a federal maritime claim may also be available. When can claim be made under maritime law for the injury or death of a platform worker? A maritime law claim may be filed on behalf of a platform worker injured or killed on the job if the accident occurs while he or she is performing a maritime activity, such as working the back deck of a boat, unloading equipment or supplies. Is the employer of an offshore oil rig worker subject to a lawsuit for negligence with an award of damages for the worker's pain and suffering, mental anguish, and loss of enjoyment of life? Ordinarily, such damages are not available against the worker's employer in this situation. It is not uncommon, however, for individuals or companies other than the employer to have been partially responsible for the worker's injury or death, and in a case where this is true, a lawsuit for such damages may be brought against them. What rights does a platform worker have against his or her employer in the event of an on-the-job injury or fatal accident? If the fixed platform is located within the territorial waters of a particular state, the platform worker's employer will be liable for the payment of benefits under the workers' compensation laws of the state in question. If the fixed platform is located in federal waters, that is, on the Outer Continental Shelf, the employer will be liable for the payment of benefits under the Longshore and Harbor Workers' Compensation Act. (Please see the chart below)
How much time do I have to file a claim? Most of these claims must be filed within one year, but injured workers receiving benefits under the Longshore and Harbor Workers' Compensation Act may be entitled to additional time. Are maritime claims subject to a Statute of Limitations? A Statute of Limitations is a state or federal law setting forth a specific and strictly enforced time "limitation" on the filing of lawsuits. If claims filed under the Jones Act or the General Maritime Law of the United States cannot be earlier resolved, the Statute of Limitations provides only three years for the filing of a lawsuit. No matter how serious the injuries or how strong the claim is, all financial recovery will be forever barred if no. How much does Attorney Larry Curtis charge for handling personal injury or wrongful death cases? There is never any charge whatsoever for an initial consultation to determine how the Firm can best serve your needs. Larry handles personal injury and wrongful death cases on a contingent fee basis. This means that you will not be required to pay any advance retainer fee, and unless the case is successful, you will not be required to pay any attorney fees at all. You will find the fee schedule at the Larry Curtis, A Professional Corporation to be very reasonable and competitive, and there will be no hidden costs. If you or someone you know in Lafayette or anywhere in Louisiana has suffered a maritime injury and needs the assistance of an experienced Louisiana Maritime Lawyer, call Attorney Larry Curtis today at 866-698-5148, or complete the contact form provided on this site to schedule your free consultation. |