I encountered professionalism, understanding, compassion… lot of compassion. They really felt for what me and my wife were going through.~ Deepwater Horizon Crew Member
I’ve been in the oilfield 30 years. I’ve seen guys win cases, lose cases…I could tell he was a lawyer who knew what he was doing.~ Deepwater Horizon Crew Member
They made me feel very secure…They were looking out for my best interests, and they cared about the things that were going on with me.~ Deepwater Horizon Crew Member
I couldn’t have asked for better lawyers or a better law firm.~ Deepwater Horizon Crew Member
In 2013, the CDC released a study looking into the frequency of fatal offshore injuries (2003-2010). At the conclusion, they noted that someone who is working in the offshore oil & gas industry is 7 times more likely to die than any other worker. As officially the most dangerous industry in the country, it is no surprise that maritime workers find themselves suffering from devastating and even life-altering injuries all too often.
You as an injured worker have rights
and ways to seek just compensation.
We can help you take the necessary steps to fight for the compensation you need.
If you qualify as a "seaman," there are specific laws that deal with how you can recover compensation. For example, maritime law permits injured seaman to recover compensation to cover lost wages, living expenses, and medical care. In some cases, the seaman can file a case for further compensation.
So how does the court determine
who is and who is not a seaman?
First, the individual must be working on a vessel. Second, they must contribute to that vessel's function and/or the accomplishment of its mission. Third, they must be "connected" to the vessel.
In June of 1920, the U.S. Congress adopted the Merchant Marine Act. The passing of this act, commonly referred to as the Jones Act, helped provide formalized protection for seamen. The most well-known sections deal with the protection for injured seamen. For example, seamen can take legal action for unseaworthiness.
Under the Jones Act, a seaman
can file a claim for damages.
This law has gone a long way in helping give seamen paths to recovery in the wake of a serious accident. It, however, is not simple; it is important to have a knowledgeable attorney who can help you navigate it.
Harbor workers are not "seamen"; however, they are still heavily involved in the maritime industry. These workers can be involved in many different maritime functions, including construction, conversion, or dry docking. Still, because they do not meet seaman requirements, they do not benefit from the same laws.
Instead, harbor workers receive
protection from the LHWCA.
The LHWCA operates similarly to workers' compensation; for example, it does not matter who was at fault for the accident—compensation can be recovered either way. Under the LHWCA, a harbor worker can recover just compensation if they were working in a ship or boat yard located on navigable waters.
Any accident that occurs to someone who is aboard a vessel in open waters is referred to as an "offshore accident." This, however, is where similarities end as the types of accidents that can occur are deeply varied. Accidents may be tied into the type of vessel the worker is aboard or related to the type of work they do.
No matter how you were injured, you
deserve to have a compassionate lawyer.
At Arnold & Itkin, we have years of experience and have successfully recovered billions of dollars on behalf of our clients. To learn more about how we can help, please give our law firm a call today.
Pirates are not something limited to big screen movies. In fact, they are a very real and present danger to people in the offshore industry, with hundreds of vessels coming under pirate attack since 2007.
Maritime piracy is on the rise with
250+ attacks happening in 2013.
Statistics such as this clearly demonstrate the very real threat that pirates pose to maritime workers. If you were injured in a pirate attack or if you lost a loved one, we encourage you to reach out and contact our firm. We understand the risks maritime workers face, and we are committed to helping them recover.
If you or someone you love has been affected by an oil spill, such as the one that occurred after the Deepwater Horizon tragedy, you should not hesitate to get the help you need from skilled maritime lawyers.
Workers, residents, and businesses
may be able to file a claim for damages.
Not only can an oil spill cause significant damage on an individual’s health, but it can also disrupt a business. For this reason, individuals affected by an oil spill may be able to file a claim for medical benefits, property damage, and more. To discuss your current situation, we encourage you to contact our firm today.
Laws that govern offshore activities are commonly referred to as maritime or admiralty law. There are many different branches of this law that look specifically into different functions, situations, and more.
General maritime law was created to
provide adequate protection for seamen.
Under this law, injured seaman benefit from "maintenance and cure." This is a doctrine that permits injured seamen to recover compensation to cover living expenses, lost wages, and medical care. The maritime employer is also required to "cure" a seaman by providing room and board and medical care. Other laws and acts include the Jones Act, the LHWCA, and the DOHSA—all of which can be used to help injured workers.
Not all maritime workers work in open water. In fact, a common maritime job involves longshoremen—individuals who are employed in the port and are largely responsible for the loading and unloading of cargo. As they are not considered traditional "seamen," there are laws that deal specifically with these individuals.
The most well-known is the Longshore
and Harbor Workers' Compensation Act.
The LHWCA provides protection from employment-injury and occupational-disease and is similar to workers' compensation laws as it does not matter who was at fault for the accident; regardless, longshoremen and their families can recover financial compensation to cover everything from medical payments to rehab.
No two accidents are the same. Neither are the injuries. In some cases, a maritime accident could lead to something minor like a contusion, shallow laceration, or a bump. This, however, is not always the case.
All too often the injuries sustained
can be tragic, life-altering, or fatal.
For example, offshore workers may suffer injuries to the head, neck, or back. Not all injuries are physical either, as many victims of horrific maritime accidents may walk away suffering from PTSD. Regardless of the type of injury you sustained, our firm can help you in the fight for fair compensation.
One of the most devastating types of accidents that can occur is the explosion of an oil rig. You see it in the headlines all of the time--an oil rig exploding and causing life-threatening injuries to those aboard. At our firm, we are intimately knowledgeable about these cases and are well-prepared to help our clients.
We helped more than 1/3 of the crew
hurt in the Deepwater Horizon explosion.
We saw first-hand the devastating impact that these accidents can have, and the way that the maritime workers suffer in the aftermath. These accidents are often fatal and, sadly, can usually be avoided with the proper care and caution. At our firm, we are committed to pursuing justice on behalf of the injured.
There is no shortage of maritime and energy-related companies, especially those who are involved in shipping, transporting, drilling, fishing, and other commercial activity in the Gulf of Mexico and abroad. From BP to Chevron, we are knowledgeable about many of these companies and have faced them before.
We can go toe-to-toe with some of the
biggest giants in the maritime industry.
Would you like to learn more about the biggest maritime companies? We have compiled a list of some of the most well-known and prominent companies, with the most important information for both. We encourage you to read through their profiles and learn more about where they are located, what they do, and more.
How to Choose the Right Attorney
Maritime law is a highly complex area of the law. You deserve to have someone in your corner who is skilled, knowledgeable, and experienced in maritime cases.
What Is the Jones Act?
Are you wondering how The Jones Act can benefit you? Learn the history of this piece of legislation, how it will affect your case, and how Arnold & Itkin can help you.
Will I Get Into Trouble?
Will filing a lawsuit put me on a "blacklist"? Will I never be hired again? Don't believe the rumor. The reality is that if you have been hurt, you have rights that should be protected.
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Accidents and the Outer Continental Shelf Lands Act
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Discrimination Against Maritime Employees
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Longshoreman Injuries: Know Your Rights!