Working offshore is dangerous due to the potential for injuries from any number of factors, including poorly maintained equipment, lack of employee training, negligent crewmembers, and hazardous worksite conditions. Maritime workers may suffer injuries on platforms, drilling rigs, drillships, cargo terminals, docks, and other vessels. While it is certainly possible to prevent some offshore and maritime injuries during certain offshore accidents such as dives, vessel collisions, and slip and falls, accidents happen nonetheless.
When they get hurt, offshore and maritime workers often wonder whether they are entitled to offshore workers comp. Here are the answers to a handful of typical questions that arise after an offshore accident.
Is There Workers’ Compensation Available to Offshore Workers?
Yes. While it is true that state workers compensation laws often do not apply to those working in the maritime industry or working offshore, it does not mean that there is no workers compensation protection for offshore workers. Thankfully, offshore workers are protected by two different federal offshore workers compensation systems: (1) maintenance and cure under the general maritime law for those workers who qualify as “seamen” and (2) claims under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA”) for those maritime workers who are not deemed to be seamen.
What Benefits Are Available Under Offshore Workers Comp Claims?
If you are a seaman able to make a maintenance and cure claim, you will be able to have your medical expenses paid and to recover “maintenance,” or a daily rate to cover your living expenses.
If you are a longshoreman under the LHWCA, you will be able to have your medical expenses paid and to recover ⅔ of your average weekly wages up to a set amount.
What Is the Difference Between An Offshore Workers’ Compensation Claim and a Jones Act Claim?
Unlike workers’ compensation claims, injured seamen can sue their employers for negligence resulting in their injury. This remedy is available in addition to maintenance and cure payable to seamen who get injured while in the service of the vessel. Jones Act claims require a showing of negligence on the part of the employer, while maintenance and cure claims do not require that you make such a showing. But, these claims allow you to recover your lost wages, damages for pain and suffering, and other items not covered by maintenance and cure.
It is important to remember that a Jones Act claim is only available to a seaman. If you are not a seaman, you will generally be limited to a Longshore and Harbor Workers Compensation Act claim against your maritime employer unless a few exceptions apply, such as a claim against a third-party or a 905(b)/vessel negligence claim against your employer.
What Do I Do After an Offshore Injury?
Despite having a right to offshore workers’ compensation after an injury, you should still take steps to avoid jeopradizing your ability to be compensated for your losses. Right after an accident, it is always advisable for you to do the following:
- Immediately notify your employer of your injury;
- Fill an offshore accident or injury report both for your employer and for any government agencies within 30 days of your accident; and
- Seek medical attention for any injuries that you have suffered.
Keep in mind that doing these things will in no way guarantee that you get compensated, any more than failing to do them will guarantee that you do not get compensated for your injuries.
But, the best practice is to keep your employer informed about your accident and your medical treatment. Though every situation is different, that will often help to make the offshore workers comp claims process go as smoothly as possible.
Consult an Offshore Workers’ Compensation Lawyer
If you have been hurt in an offshore accident, call The Mahone Firm today at (504) 564-7342 to discuss your options and figure out what offshore workers compensation claims are available to you. Contact us and reach Mike Mahone, an offshore injury lawyer, for a free and confidential case evaluation.
