Injured on an Oil Platform-Jones Act or Longshore?

Posted by: rzehl
January 27, 2009
Topic: Jones Act, Longshore & Harbor Workers

The location where an injury occurred, as well as what work was being performed at the time, is very important in determining which body of law to utilize for your claim. The decision to file suit under a specific law is one that must not be taken lightly. It can literally make or break your case! An oil platform, by and large, is a stationary structure permanently affixed to the seabed. This differs from an offshore oil rig which may be moved from place to place as the operator sees fit. An injury on an offshore, movable rig may or may not result in a Jones Act claim, dependant upon the injured individual's status. In order to recover under the Jones Act, one must be considered a "seaman" on a "vessel" that is "in navigation". Each of these words is a term of art and has multiple elements that must be satisfied in order to proceed in a court of law.

However, an injury on a fixed offshore platform could result in a claim under the Longshore and Harbor Workers' Compensation Act or even under general maritime law against any third parties that may have contributed to the injury.

Regardless of where an injury took place, it is undoubtedly a good idea to consult an experienced maritime lawyer before you do anything. Remember, when dealing with a maritime injury not just any lawyer will do. The truth is that most lawyers have never and will never handle a Jones Act or Longshore and Harbor Worker's Act claim. This particular area of law is notoriously complicated and rife with pitfalls that the inexperienced attorney will not know how to navigate.

If you or a loved one has been injured offshore contact the experienced Jones Act lawyers at the Law Firm of Fitts Zehl by phone at (713) 491-6064 or by email at info@gulfcoastmaritimelawyer.com. We handle clients from throughout the Gulf Coast region including: Texas, Florida, Louisiana, Alabama and Mississippi.

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