Vigorously Representing Injured Oil Rig And Platform Workers
Offshore oil workers who are injured in accidents may be eligible for compensation for the medical costs, lost wages, and in some cases, pain and suffering and other losses. If you have been injured on a jack-up rig, semisubmersible rig, drilling ship or tension leg platform, your case will be governed by the Jones Act. On the other hand, if you were injured on a fixed offshore oil platform on the continental shelf, your case will be governed by the Outer Continental Shelf Lands Act and the Longshore and Harbor Workers’ Compensation Act. These are two distinct bodies of law that require different approaches.
You should retain an attorney with extensive experience in offshore oil injury cases and who understands the many complex legal aspects of maritime law.
Experience You Can Depend On
The lawyers at Spagnoletti Law Firm have more than decades of combined experience in the field of maritime law. Our law firm has obtained positive recovery for injured people and the families of fatal accident victims. In your case, our goal will be to obtain the compensation you are entitled to. Spagnoletti Law Firm will be your strong advocate, working diligently to obtain the best possible settlement or verdict for you.
Drilling Rig Claims Vs. Production Platform Claims – Applicable Laws Are Different
A case involving an injury of the same type and severity can be handled very differently depending on the location and circumstances of the accident, such as whether it occurred on a mobile drilling rig or a fixed production platform attached to the seabed. These distinctions are crucial because they determine the legal framework governing the claim, the type of compensation available, and the level of protection afforded to the injured worker. Understanding the specific laws that apply to each situation is essential for injured offshore workers seeking to recover fair compensation for their injuries. Offshore oil workers operate in dangerous environments, and knowing how the law applies to different types of rigs can significantly impact the outcome of an injury claim.
Mobile drilling rigs, such as jack-up rigs, semi-submersibles, or drill ships, are generally covered under the Jones Act, which provides strong protections for injured seamen. Workers injured on mobile drilling rigs may be entitled to maintenance and cure benefits, which cover their medical expenses and provide a daily stipend while they recover from their injuries. In addition, the Jones Act allows injured workers to seek compensation if the rig owner or operator was negligent in any way. This includes failing to provide proper working equipment, inadequate safety protocols, or any other act of negligence that contributed to the injury. A Jones Act claim can potentially offer much higher compensation than a standard state workers’ compensation claim, including damages for pain, suffering, and lost future earnings. This makes the Jones Act an incredibly important legal avenue for injured oil workers on mobile drilling rigs.
In contrast, injuries that occur on fixed offshore oil platforms, which are permanently attached to the seabed, are typically governed by the laws of the adjacent state. These types of installations, such as fixed production platforms, are not considered vessels under maritime law, meaning that workers injured on them may not be automatically covered by the Jones Act. Instead, state laws often apply, which can limit the type of compensation workers can receive. For example, state workers’ compensation laws may provide for medical expenses and wage replacement, but they generally do not allow for compensation for pain and suffering or loss of future earnings in the way that Jones Act claims do. This distinction can make a significant difference in the level of compensation an injured worker is able to recover.
However, there are exceptions to this rule. If an injured worker on a fixed platform spends at least 30% of their time on a vessel, they may still qualify as a seaman under the Jones Act. This is particularly relevant for workers who split their time between working on a fixed platform and being transferred by vessel or working aboard support vessels. In such cases, the injured worker may be eligible to file a claim under the Jones Act, which would provide access to broader compensation options, including damages for pain and suffering, lost wages, and future medical care. Because the legal distinctions between mobile rigs and fixed platforms can be complex, it is essential for injured workers to consult with an attorney who has experience in maritime law and offshore injury cases to ensure that their rights are fully protected.
Free Consultation With A Lawyer
To learn more about the difference between drilling rig claims vs. production platform claims and how we can help you, please contact us online or call 713-804-9306.