How Does Worker's Compensation Work for Offshore Injuries?

February 8, 2024

By the Law Firm of Brandt & Sherman

The offshore industry is rife with hazards, making it one of the most dangerous fields of work. When injuries occur at sea, the path to recovery and compensation is markedly different from onshore incidents. Brandt & Sherman, with our deep understanding of maritime law, stands ready to help injured offshore workers secure the justice and compensation they deserve.

This blog delves into the complexities of worker's compensation for offshore injuries, highlighting the unique legal avenues available and providing critical advice for navigating these challenging waters.

Eligibility for Compensation Under the Jones Act

One of the primary legal instruments for offshore workers is the Jones Act. This act specifically caters to "seamen," a term that encompasses a wide array of maritime professionals. Qualification under the Jones Act requires that an employee's duties contribute to the function or mission of a vessel or fleet and that they spend a considerable portion of their employment aboard.

The Jones Act sets itself apart from standard worker's compensation by allowing injured seamen to file claims against their employers for negligence. The breadth of damages claimable under this act, such as for pain and suffering, lost earnings, and medical costs, underscores the need for expert legal representation to navigate its complexities.

Additional Protections Under General Maritime Law

General Maritime Law extends further protections to maritime workers, supplementing the Jones Act. The maintenance and cure doctrine is a cornerstone of this law, ensuring that injured workers receive medical treatment and a living allowance until they achieve maximum medical improvement. Moreover, General Maritime Law addresses vessel unseaworthiness, empowering workers to seek compensation if an unsafe work environment contributed to their injury.

Understanding these protections and how they apply to your situation is crucial. Our attorneys at Brandt & Sherman are adept at unraveling these legal nuances, ensuring that your rights are fully protected.

Preventative Measures and Safety Protocols

Safety cannot be overstated in the offshore industry. Employers are obligated to enforce rigorous safety measures and provide comprehensive training to prevent accidents. Familiarizing yourself with these protocols not only helps in preventing injuries but also strengthens your case should an accident occur.

Despite these precautions, accidents can and do happen. When they do, the steps you take immediately afterward are pivotal. Reporting the injury to a superior, documenting everything about the incident and injury, and seeking immediate medical attention are all critical actions that lay the groundwork for a successful compensation claim.

Immediate Actions Following an Offshore Injury

Promptly reporting the injury and securing medical documentation are your first steps. This documentation is invaluable, serving as the foundation of your compensation claim.

As soon as practicable, reaching out to an experienced offshore injury lawyer is vital. The legal team at Brandt & Sherman specializes in maritime cases, offering unmatched expertise in guiding clients through the claim process, from initial filing to final settlement or court verdict. Our offshore accident attorneys are committed to your recovery and securing the compensation you rightfully deserve.

The Role of a Specialized Attorney in Your Claim

The process of dealing with an offshore injury is often filled with complex legal challenges and negotiations. Choosing the right attorney, one with specific experience in maritime law, is worthwhile. At Brandt & Sherman, our attorneys not only possess a deep understanding of the Jones Act and General Maritime Law but also have a proven track record of advocating for maritime workers.

We take a comprehensive approach to each case, meticulously gathering evidence, consulting with medical and industry experts, and building a compelling case on your behalf. Our aim is to alleviate the stress and burden on you, allowing you to focus on your recovery while we focus on securing your future.

How Brandt & Sherman Advocates for Offshore Workers

The journey to recovery and compensation following an offshore injury can be long and fraught with obstacles. With Brandt & Sherman as your legal representative, you can rest assured that your case is in capable hands. Our dedicated team will guide you through each step of the legal process, ensuring that you are informed and empowered to make the best decisions for your situation.

We understand the significant impact an offshore injury can have on your life, both personally and financially. Our commitment to you extends beyond the courtroom; we are dedicated to securing the maximum compensation possible, addressing all aspects of your injury and its repercussions on your life.

If you've suffered an offshore injury, it's imperative to act quickly to safeguard your legal rights. Contact Brandt & Sherman for a comprehensive evaluation of your case. Let us help you navigate this challenging time with the expertise and compassion you deserve. Don't face this journey alone; allow us to stand beside you, fighting for the compensation and closure you need to move forward.

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