What rights do injured offshore workers have?
The rights of injured offshore workers depend upon their legal classification. The question of classification is sometimes a complicated problem that requires aggressive legal representation.
The Jones Act
Seamen injured while working the service of a vessel qualify for protection under The Jones Act, as well as general maritime law. Both the Jones Act and General Maritime laws were created to provide valuable rights to injured workers. The Jones Act allows an injured worker to receive compensation for physical pain, mental anguish, impairment, disfigurement, past wage loss, medical expenses in the past and future, and future loss of earning capacity. In most States, non-jones act workers are barred from recovering any money if they are more than 50% at fault. However, the Jones Act also allows workers to be compensated even if they are more than 50% at fault (negligent) for their own accident. The rights conferred by the Jones Act are a powerful tool that result in Jones Act Seamen regularly recovering significant compensation.
In most Jones Act cases, the jones act seaman is also covered under the general maritime laws. Under the general maritime laws, seamen are entitled to payment of maintenance and cure benefits. Maintenance and cure benefits are due to the injured worker regardless of fault. If a jones act seamen in injured offshore, the company must pay it, even if the worker is 100% at fault for the injury. “Maintenance” refers to payment of daily expenses for food and lodging. “Cure” refers to payment of medical expenses until the worker reaches maximum medical improvement. Maximum medical improvement is the point at which an injured worker has reached a plateau in recovery and will not get any better. Cure can be discontinued when the worker reaches maximum medical improvement, even if the worker remains disabled. Obviously, it is not favorable to have the company doctor in charge of determining when a person has reached maximum medical improvement.
Longshore and Harbor Workers Compensation Act and Third Party Claims
Offshore workers who are not working in the service of a vessel are usually are classified as Longshormen. The Longshore and Harbor Workers Compensation Act not only covers workers based out of terminals and docs, but also covers people working on some fixed offshore platforms and rigs. The Longshore and Harbor Workers Compensation Act provides compensation for wage loss (disability) and medical benefits. However, the Longshore Act prevents an injured employee for recovering money for pain, physical impairment, disfigurement and mental anguish from their employer. However, in many cases, there are other at fault parties, in addition to the worker’s employer. An injured worker can pursue a claim against responsible third parties for all of their injuries and are not restricted to just the benefits under the Longshore Act.