Houston Injury and Accident Lawyer & Attorney : Vujasinovic & Beckcom Law Firm : Workplace Injuries, Car Accidents, Insurance Claims : Harris County, Texas

I was injured on an offshore oil platform.  What are my legal rights?

We see these kind of cases frequently.  Unfortunately, there is no quick and easy answer to your question.

An offshore platform differs from an offshore rig because most of the time, the rig can be moved from place to place while the platform is fixed permanently to the ocean floor.

This distinction can make a big difference in your legal rights. 

If you are hurt while working on a movable oil rig, you may have rights under the Jones Act, a federal law that can be favorable to injured workers.

On the other hand, if you are hurt on an offshore platform, things get complicated quickly.  You may be a Longshoreman, entitled only to benefits under the Longshore & Harbor Worker's Compensation Act.

Or you may have legal claims against third parties if they caused your injury under "General Maritime Law." 

Oil platform injuries can be very complicated from a legal standpoint.  If you are hurt on an offshore oil platform, you should strongly consider seeking independent legal advice from an attorney who specializes in these kinds of cases.


Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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Thank you for your question:

Many workers are exposed to hazardous chemicals or other substances like benzene, asbestos, chlorine, cleaning solvents, etc. as part of their maritime work on vessels, ships, jack-up rigs, oil rigs, and other maritime equipment.

For instance, recently, a worker who was exposed to benzene over the course of his 20 years as a seaman developed non-Hodgkins lymphoma.  The seaman claims that 18 of his former employers were negligent and has sued them under the Jones Act for his damages.

One of the defendants includes Kirby Inland Marine, a defendant our law firm has sued before on behalf of injured seamen.

So, what are your legal rights if you are exposed to benzene, asbestos, or other toxic substances and chemicals offshore?

If you are a Jones Act "seaman," then you can file your case under the Jones Act (see our other articles on the Jones Act on this website.)

If you are not a Jones Act "seaman," then it gets more complicated.

You may have rights under the Longshore & Harbor Worker's Compensation Act.

Under some circumstances you may also have rights to bring a products liability lawsuit claim against the manufacturer of the toxic substance you were exposed to.

Or, your case may fall under the General Maritime Law or the Outer Continental Shelf Lands Act (OCSLA).

The bottom line is if you were exposed to benzene, asbestos, or some other toxic chemical or substance while involved in maritime work, you probably have legal rights.  However, those rights can be taken away if you do not act quickly to enforce them.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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The United States Court of Appeals for the Fifth Circuit recently released an opinion that helps to provide legal protection to Longshore and Harbor Worker's who are injured on the job.

The injured worker, Mark McLaurin, was working in Friede Goldman's shipyard as a scaffold carpenter on the CLYDE BOUDREAUX, a vessel owned by Noble Drilling.

Mr. McLaurin was injured during this work.

Mr. McLaurin sued Noble Drilling, claiming that Noble was negligent. 

The trial court threw out the case, claiming that the Longshore and Harbor Worker's Compensation Act barred state law claims against Noble.

The Fifth Circuit disagreed, holding the simply because the worker didn't have a 905(b) case against the vessel did not mean the worker was barred from bringing state law claims.

You can read the full opinion here.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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As the price of oil increases, the demands for oil drilling in the Gulf of Mexico, both in shallow water and deeper water, will only increase.  So will the demand for oil workers willing to work in often harsh and remote locations in the Gulf of Mexico and beyond.

Recently, in fact, there has been talk in the United States Congress about opening up more areas in the Gulf of Mexico for oil exploration and drilling purposes.

Unfortunately, the end result of more workers in the Gulf of Mexico, and more companies rushing to get oil out of remote and often dangerous places in the Gulf of Mexico is more injured workers and more workplace deaths.

As a law firm that represents workers injured in the Gulf of Mexico, we are often asked by the workers or other attorneys what law applies to these cases.

The answer, unfortunately, is not straightforward.  In fact, if a worker is injured or killed in the Gulf of Mexico, there could be four or five different laws that may apply to the case.  And the law may change depending on what the worker was doing at the time.

The worker may be entitled to recovery under the Jones Act.  Or the injured worker may be a Longshoreman entitled to recover under the Longshore & Harbor Worker's Compensation Act.

Or, the injured worker may be entitled to a recover under the Outer Continental Shelf Lands Act. 

In a wrongful death case, the Death on the High Seas Act (DOSHA) may govern the case.

The bottom line is that you need an experienced maritime attorney if you are injured in the Gulf of Mexico, because evaluating the right law and the right venue may make all the difference in the world in whether you obtain a fair, reasonable settlement, a small settlement, or even no settlement at all.

Have you been, or do you know, someone who has been hurt in the Gulf of Mexico? 

If so, we would be interested in hearing your experience with the legal system and whether your lawyer did a good job for you.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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