Offshore and maritime accidents can happen in a bunch of different ways. Some workers get hurt because of conditions on boats and offshore rigs (ex. slippery floors, rusted grating, etc.). Other get hurt because of the carelessness of other workers.
But, determining how an accident happens is only one part of the analysis. You’ve also got to figure out who can be held liable for the injuries.
Liability for Offshore and Maritime Injuries
The starting point for any offshore injury case is to determine the potentially responsible parties.
1. The Worker’s Employer
Generally speaking, a workers’ employer is immune from liability for injuries to its employees caused by its negligence and can only be subject to a workers’ compensation or Longshore and Harbor Workers’ Compensation Act claim.
However, the Jones Act provides an exception to this rule and allows for a suit for damages against an employer if the worker qualifies for seaman status. Also, intentional torts and claims for vessel negligence (905b claims) are exceptions to employer immunity.
2. Contractors
Offshore projects, particularly construction projects and workover operations, involve many companies working together. When employees of other companies cause injuries, those companies can be sued for the negligence of their employees.
3. Rig Operators
Many times offshore drilling rig and platform injuries happen because of decisions made by the oil company operating the rig. Whether that involves rushing a job to meet a deadline or a dangerous instruction given by a company rep, the result is that the oil company can be held liable for a worker’s injuries.
4. Vessel Operator
A vessel operator owes a duty of seaworthiness to the crew of the vessel. If a worker qualifies for seaman status, an unseaworthiness claim against a vessel operator is a powerful remedy for any injuries that he or she suffers.
5. Equipment Manufacturers
Defectively manufactured equipment (ex. cranes, transfer baskets, etc.) can also cause injuries. If an injury is caused by defective equipment, the manufacturer can be held liable as well.
Call a New Orleans Maritime Lawyer
If you’ve been hurt in an offshore or maritime accident, contact offshore accident lawyer, Mike Mahone to see how he can help. Call (504) 564-7342 to talk to an accident lawyer about your potential case.
