Offshore Accidents
In Louisiana, we enjoy one of the largest and most successful maritime industries in the United States. Many Louisiana residents and Louisiana workers, have, at one point been employed in the maritime industry or have family members employed in the maritime industry. Many of the rest of us enjoy the Louisiana coastal waterways and offshore and recreational activities including offshore fishing, inshore fishing, and boating. Unfortunately, the maritime industry and recreational use of Louisiana waterways result in thousands of accidents each year as a result of the negligence and/or fault of other persons or entities. Injuries caused in these capacities may entitle the injured party and their family to recovery under the various bodies of law which govern both Louisiana territorial and the international waterways in the Gulf of Mexico.
Offshore or maritime litigation involves some of the most complicated laws that any attorney can handle. There are many attorneys who hold themselves out as "maritime attorneys," when the truth is they have no idea how to handle a maritime case. The true sign of an "experienced" trial attorney is when you get referrals from other lawyers. At the Gaar Law Firm, we have enjoyed more than 20 years of combined experience in the maritime and admiralty trade. This experience and knowledge of the various bodies of law, and their intra-play with Louisiana State Regulations, provide us a unique understanding of the recovery available to the injured person and their family.
Jones Act
Louisiana supports one of the largest Maritime industries in the United States. In the maritime industry, many of these people are employed to work on and aboard vessels of various types in Louisiana. These workers are entitled to take advantage of an unique body of law called the Merchant Marine Act of 1920, or the Jones Act. Unlike nearly every other body of law, the Jones Acts allows an injured worker to sue his employer for the employer's or the co-employees negligence occurring during work. An employer has a duty to exercise care by providing a reasonably safe work environment, training about safety in the workplace, and by providing adequate equipment. The Jones Act allows an injured worker to sue his employer for:
- Pain and suffering
- Mental and emotional anguish
- Past lost wages
Unlike the workers' compensation scheme, which only allows for workers' compensation benefits, the Jones Act offers an injured employee a far greater scope for recovery. The Jones Act applies to employees who are injured in the service of a vessel or fleet of vessels, when they contribute to the mission of this vessel. Under current law, a vessel includes, jack-up rigs, semi-submersible rigs, ships, drill barges, river casino's, tug boats, shrimp boats, fishing boats, trollers, tankers, crew boats, utility boats, offshore support vessels, and water taxies. If the injured worker is working aboard one of these vessels, and their work contributes, in any way, to the overall mission of that vessel, then they are entitled to sue their employers and/or co-employees for injuries resulting from their negligence. In addition to workers injured aboard vessels, people who spend more then 30% of their time aboard an identifiable vessel or fleet of vessels, may qualify as a Jones Act seaman, even if they were hurt while on land or while traveling to work aboard these vessels. A Jones Act seaman does not lose his status as a seaman, simply because he was injured on land.
A lawsuit for a Jones Act seaman against his or her employer means a greater recovery of damages that may otherwise be unavailable under most other bodies of law. If you have been hurt on a vessel or in the service of a vessel, you should contact the Gaar Law Firm immediately to explore what remedies are available to you under the Jones Act.
Long Shore and Harbor Workers' Compensation Act
The Long Shore and Harbor Workers' Compensation Act is a federal workers' compensation scheme that provides far greater benefits then those available to workers' under Louisiana Workers' Compensation statutes. Where, under Louisiana Workers' Compensation statutes, a person is capped in their weekly benefits to $415.00 per/week, a longshoremen or harbor worker can recover 66 2/3% of their average weekly wages up to $1,100.00 per/week. In addition, a longshore or harbor worker would be entitled to have their employer pay for all medicals that are related to the injury sustained during work.
Aside from the obvious advantages, the Longshore & Harbor Workers' Compensation Act provides in terms of weekly benefits under a special section of the Act, a person injured as a result of the negligence of the vessel upon which they are working, may be entitled to sue that vessel and the vessel's owner for any negligence causing injury. This would provide you with a cause of action similar to the Jones Act in that you would be able to recover pain and suffering, mental and emotional anguish, loss of enjoyment of life, and past and future lost wages, if you are injured as a result of a vessel's negligence. The injured longshoremen would be able to recover these additional damages on top of the weekly benefits and medical benefits owed under the act. This provides the injured worker substantial recovery that would otherwise not be available under many bodies of law.
Any person working on a fixed platform off of the coast of Louisiana would qualify as longshoremen, under operation of the Outer Continental Shelf Lands Act (OCSLA). This means that any person injured on one of these offshore platforms, should qualify to receive the increased benefits under the Longshore and Harbor Workers' Compensation Act, rather then settling for state workers' compensation. In addition, any person engaged in the loading or unloading of vessels, ship building, ship repair or ship servicing, should qualify as a longshoremen and harbor worker. If you are engaged in the maritime industry, in any capacity, other than a crew member aboard a vessel, you should contact the Gaar Law Firm, to find out if you qualify for the increase workers' compensation benefits.
Recreational Boat Accidents
There are nearly 13 million boats and personal watercraft, such as Jet Skis and Ski Doos, currently registered in the United States and the popularity of recreational boating increases every year. Unfortunately, people in Louisiana are injured in boating accidents each year, usually as a result of operator negligence. Rules established by the Coast Guard and various Louisiana state agencies outline the rules for safe boating. What many recreational boat and personal watercraft operators in Louisiana don't know is that they are subject to the same laws and rules as ocean-going vessels and other commercial operators.
At the Gaar Law Firm, you can trust us to know what to do if you have been injured while on a multi purpose offshore vessel, boat, barge, oil rig, or Jet Ski. Whether you are an injured deck hand who has slipped on sea foam, the family of a seaman permanently disabled in a collision or explosion, or a recreational boater who was hit by reckless or drunk boat or Jet Ski operator, we can put our extensive admiralty and maritime law experience to work for you.
