If you’ve been injured while working on an offshore oil rig, you likely have a lot of questions about your legal rights and options for obtaining compensation.
Dealing with the aftermath of an accident can be difficult both physically and emotionally.
However, you must understand your rights and work with an experienced offshore accident attorney who can help you navigate this complex process.
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Legal Protections for Injured Offshore Workers
Offshore oil rig workers are protected under maritime law known as the Jones Act. This law provides injured seamen the right to pursue compensation for medical expenses, lost wages, and pain and suffering resulting from negligence.
To qualify for Jones Act protections, the accident must have occurred in navigable waters of the United States or involved a vessel.
Some key things to know about your legal rights under the Jones Act include:
- You have the right to sue the vessel owner or operator for negligence that caused or contributed to your injuries. This could include factors like unsafe working conditions, faulty equipment, lack of proper training, etc.
- You do not need to prove the defendant’s negligence was the sole cause of the accident. As long as their negligence played any part in causing your injuries, you may be entitled to compensation.
- The Jones Act utilizes a system of “comparative fault” which allows for the possibility of receiving a partial damages award even if you share some responsibility.
- There is no cap on the amount of damages you can recover for economic and non-economic losses like pain and suffering.
Consulting with an Offshore Accident Attorney
If you’ve been injured in an offshore oil rig accident, it’s strongly advised to consult with a qualified offshore accident attorney as soon as possible.
Even if you don’t yet know the full extent of your injuries, meeting with legal counsel early allows them to begin investigating the accident and preserving critical evidence.
Some reasons why working with an attorney makes sense include:
- Offshore injury cases can be legally complex, and it’s easy to make a mistake that jeopardizes your claim. An Offshore Accident Attorney experienced in maritime law will know how to build the strongest possible case.
- Oil rig operators and their insurers will have experienced defense attorneys working to minimize their liability. You need equal legal firepower on your side.
- An attorney can handle all communications with the responsible parties and their insurers, allowing you to focus on recovery without extra stress.
- Injury claims have a statute of limitations, and missing filing deadlines could cause you to forfeit your right to compensation. An Offshore Accident Attorney will be mindful of all applicable deadlines.
- Attorneys work on a contingency fee basis for maritime injury cases, meaning there are no upfront legal costs unless a settlement or verdict is achieved.
So rather than trying to navigate the complex legal process alone after an accident, consult with an offshore accident attorney.
A good lawyer can greatly increase the chances of obtaining maximum and fair compensation for your injuries and losses.
Building a Strong Case for Negligence
To have the strongest possible position in settlement negotiations or trials, an offshore accident attorney will focus on building an ironclad case of negligence.
This involves carefully investigating all factors that may have contributed to the incident, including:
- Unsafe working conditions like lack of guardrails, exposed heavy machinery, poor lighting, etc.
- Defective or poorly maintained equipment that should have been caught and addressed previously.
- Inadequate staffing levels increase the risk of accidents due to fatigue or rushing.
- Insufficient crew training, orientation, or failure to follow established safety protocols.
- Prior similar incidents that should have triggered corrective actions by management.
A thorough investigation allows an Offshore Accident Attorney to potentially identify multiple parties or factors responsible.
Establishing clear negligence strengthens your bargaining position and increases the chances of receiving a fuller damage award.
It also helps guard against attempts to place disproportionate or sole blame on the injured worker.
Pursuing All Potential Sources of Compensation
In addition to filing a claim directly against negligent employers and vessel owners, your offshore accident lawyer may explore pursuing compensation from other potential sources including:
- Uninsured/underinsured motorist coverage from your auto policy if another vessel was significantly at fault.
- Maintenance and cure payments for food and lodging from vessel owners until you reach maximum medical improvement.
- Wrongful death and survival action claim if the accident resulted in a fatality.
- Potentially filing a claim against an equipment manufacturer if a faulty design contributed to the incident.
By considering all options, an attorney aims to maximize your recovery and hold all responsible parties fully accountable for their level of negligence.
This multi-pronged approach gives your injury claim the strongest foundation.
The Decision to File Suit
If negotiations with insurers do not result in a fair settlement offer that adequately accounts for all your losses, expenses, and long-term prognosis, your Offshore Accident Attorney may recommend filing suit.
Some pros and cons to consider include:
- Lengthy litigation means a risk that responsibilities or available funds could change over time due to bankruptcies or new legal rulings. However, the definitive resolution of the trial provides certainty.
- Trials allow all evidence and witness testimony to be publicly scrutinized versus private negotiations with insurers. This transparency theoretically favors injured parties with clear negligence cases.
- Juries sometimes award larger damage amounts than insurers are willing to offer voluntarily, seeing firsthand the impacts of the accident. However, trial outcomes cannot be predicted with certainty.
- Filing a suit requires patience as cases take 1-3 years typically to resolve through various pretrial procedures. But dragging out negotiations is also stressful.
So for serious injuries with extensive future expenses, maxing out available liability limits through trial may be the wise route versus accepting inadequate settlement offers.
An experienced Offshore Accident Attorney can help weigh the pros and cons of your individual case.
In the end, consulting with a qualified offshore accident attorney provides injured rig workers with the expertise needed to fully understand their legal rights and options after a life-altering accident.
With a skilled lawyer fighting to hold all culpable parties accountable, victims have the best chances of obtaining compensation that eases both the physical and financial burdens in their recovery process.
