Injured in the Gulf of Mexico - What law applies?
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 claims? Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.
Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case. Curious about the Jones Act?
Click here for a general overview of the Jones Act. Want to know more about the Longshore and Harbor Worker's Compensation Act?
Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured? Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?
Click here to read about the difference between the two. What to know the truth about offshore injury cases?
Click here to read The Truth About Offshore Injury Claims. Want to know what you should do after an offshore injury to preserve your legal rights? Click here to read
What Should You Do If You Are Injured Offshore If you are hurt and your employer is giving you a hard time, click here to read
"I was injured on the job and my employer is giving me a hard time - What should I do" Employer trying to get you to give a recorded statement?
Click here to learn the truth about recorded statements and the best way to handle this request. Thinking about trying to settle your offshore injury case without talking to a lawyer first?
Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE. Want to know what happens when you file an offshore injury or Jones Act case?
Click here to learn about Filing a Jones Act lawsuit. Click here to learn about
6 Critical Things you must know if you are Injured At Sea Your employer may be keeping secrets from you if you are hurt offshore. Click here to read about
The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.