Offshore Injury Lawyers Ready To Fight For You!
Non-seaman maritime workers who are injured have many remedies at their disposal. Most non-seaman maritime workers are covered by the Longshore and Harbor Workers Compensation Act (LHWCA). The LHWCA covers most maritime workers who do not qualify as seamen, including oilfield service hands, wireline hands, welders, casing hands, river pilots, mud engineers, directional drillers, stevedores, harbor workers, longshoremen, and many others. The LHWCA provides statutory benefits similar to state workers’ compensation acts. Usually, the injured worker is provided medical care and is paid approximately two thirds of their average weekly wage, but cannot sue their employer for their actual damages, including pain and suffering.
If a party besides the worker’s employer or coworker caused their injuries, then that worker can bring a lawsuit against the party to recover their full damages. An at-fault third party may include the vessel owner, the vessel’s crew including the crane operator, and any other worker employed by a different employer. In addition, section 905 (b) of the LHWCA allows an injured worker to sue the vessel for ‘vessel negligence’, a concept similar to unseaworthiness where a dangerous condition of the ship or rig caused the injury.
Some workers who are injured on or near water are not covered by the Jones Act or the LHWCA. These workers are usually covered by state law. These laws provide worker’s compensation benefits from the injured worker’s employer, and provide a cause of action for negligence when a third party is at fault for the injuries.
Strauss & King zealously represents workers who are injured by third parties, but does not normally take cases where a worker may only recover statutory benefits. If you need an offshore injury attorney, or are unsure of your rights and who may be at fault for your accident, call Strauss & King at (504) 523-0033 or toll free at (888) 4BERNEY. All calls are answered at any time of the day or night and every call is completely confidential.