Louisiana employee wins appeal for maritime injury entitlement

April 30, 2013

When the Deepwater Horizon drilling rig exploded three years ago this month off the Louisiana coast, nearly a dozen workers were killed and numerous others were severely injured. Following the horrific oil rig accident, many of the oil company employees sought compensation for their work related injuries.

Too often, injured maritime employees are victims twice because of an accident in the workplace. First, they suffer personal injuries because of an offshore explosion, diving incident, tug or barge collision, or fishing accident. Then, their employers or the insurance companies hired by their employers fail or refuse to pay their claims. That is what happened to one Louisiana man who attempted to collect compensation for his injuries sustained during the Deepwater Horizon explosion.

Receiving just compensation

The injured seaman received an award under the Jones Act -- a federal law that allows injured maritime workers the right to compensation sustained during offshore employment -- but, it was discovered, had lied on his pre-employment medical documentation. When his employer sought reimbursement for payments made to him after the explosion, he filed an appeal.

The court that heard the appeal ruled that, despite failing to disclose a prior back injury on his employment application, the following applied:
- The worker's employment status was not affected by his misstatements
- The employer's obligation to pay the injured worker's compensation was not excused
- The injured worker was not obligated to reimburse his employer for payments previously made

The victory helps to solidify rights for maritime workers and their families to compensation for workplace accidents that occur at sea. In order to collect on a claim for injuries under the Jones Act, a claimant must show that he or she is a "seaman" as defined by the Act and that the injury was sustained on a vessel. He or she must also prove employer negligence or show that the vessel he or she was on was unseaworthy.

If a claimant can prove the above, the following may be awarded to the individual or the surviving family in the event of wrongful death:
- Reimbursement of medical expenses
- Payment of future medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Payment for the value of room and board the individual would have received had he or she continued in that line of employment

A lawyer can help

Individuals injured at sea or families of those who die during the course of maritime employment should consult an experienced maritime law lawyer. An attorney knowledgeable about personal injury and Jones Act cases may help them obtain compensation to which they are entitled.

Article provided by Murphy Law Firm LLC
Visit us at www.lafayettepersonalinjuryattorney.com