Seamen suffer injuries just like employees do in any other profession. This can happen anytime, anywhere. It is not uncommon for American companies to send vessels and oil rigs into foreign waters, but this can pose some challenges in the event of an injury. Whether on an offshore platform or another maritime work environment, an injured seaman may be unsure of where to turn. Who should you look to for legal counsel and support? Are you still eligible to receive compensation, even though your injury occurred in foreign waters?
These questions are valid and most times, the answers work in favor of the victim.
Injured seamen often benefit from taking their cases into United States courts for trial. Foreign countries implement different laws and strategies and this can make it difficult to obtain deserved compensation. Although certain circumstances require the case to stay in the country where it happened, this is not often.
Typically U.S. courts operate by a fairer legal system and the compensation recovery is generally higher. A seaman may have sustained an injury that could require long-term care, which can be extremely expensive. The more serious your injuries, the more complex the legal process becomes. It is important to work with an offshore injury lawyer who understands the intricacies of such a case and has prior experience that can work in your advantage. Before hearing the case, the court must determine if they have proper jurisdiction to do so.
The following points must be considered prior to proceeding:
Jurisdiction in cases involving maritime accidents and offshore injuries in foreign waters is very fact-specific. For this reason, an offshore injury lawyer must analyze the particular circumstances of every case to determine the best strategy for obtaining compensation for injuries. Workers who require compensation may benefit from the Jones Act. This act is a federal law which allows injured seamen to sue their negligent employer and recover financial reimbursement for their losses. A seaman may be eligible to recover compensation for lost wages, medical expenses, and pain and suffering. Seamen who were injured outside of U.S. waters may still be protected under the Jones Act, but it takes a skilled offshore injury lawyer to assess the details of your case.
Arnold & Itkin represented nearly a third of the crewmembers injured in the Deepwater Horizon explosion.
Because maritime law is so complex and so complicated, it is crucial that you work with an attorney who has an in-depth understanding of how it works and who has proven themselves in similar cases before.
