FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions About Maritime Law

What is admiralty or maritime law?

The terms "admiralty law" and "maritime law" are often used interchangeably. Black's Law Dictionary defines maritime law as: "[t]hat system of law which particularly relates ... to seaman, to the transportation of persons ...by sea, and to marine affairs generally. [It is] [t]he law relating to harbors, ships and seaman, ... and rights of masters and seaman, etc."

Does admiralty or maritime law apply to oilfield workers?

In the first half of the last century, maritime claims for personal injury usually involved workers employed in the shipping industry—longshoremen, harbor workers and crew members aboard the large sailing ships sometimes referred to as “blue water” seaman.

However, shortly after the oil industry went off shore, several important court decisions extended the protection available under maritime law to offshore oilfield workers assigned to “floaters;” that is, special purpose structures capable of being floated from one location to another, like semi-submersible drilling rigs, jack-up drilling rigs, and inland barges. In fact, since 1959, many oilfield workers hurt on the job have been able to find protection under the general maritime law as well as, under the same federal legislation--the Jones Act-- passed by Congress in 1920 for the benefit of traditional seamen employed shipboard.

What is the Jones Act?

The Jones Act is a federal law which allows a worker to sue his employer for negligence. For instance, under the Jones Act, an employer has a duty to provide its employees with a safe place to work. So, if a worker is injured, because his employer failed to furnish a safe work place, the worker may be able to recover such damages as described below.

Typically, the injured oilfield worker has at least two other claims which he can make with his Jones Act claim; namely, that his injury was caused by the unseaworthiness of the drilling rig on which he was working at the time of his injury, and, further, that he is entitled to maintenance and cure.

How does the Jones Act differ from workers’ comp?

The Jones Act provides a much broader remedy for maritime worker injured through the fault of another. Most workers' compensation laws seriously limit the benefits available to the injured worker. However, under the Jones Act, an injured maritime worker can recover all of the damages traditionally associated with a lawsuit for personal injuries as is discussed in more detail below.

Does the Jones Act cover occupational illness, cumulative trauma, or repetitive stress injuries?

Yes, however the statute of limitations varies with these types of claims. It is important to contact an attorney as soon as you believe you have a problem.

What is unseaworthiness?

Simply put, a ship owner—or in the case of an oilfield drilling operation—the owner of a drilling rig—owes to every member of the crew the absolute duty to keep it in a condition that renders it reasonably safe for its intended use. This duty includes a duty to supply an adequate crew and reasonably fit tools and equipment for the work to be performed.

What is maintenance and cure?

Maintenance is the cost of food and lodging, and transportation to and from a medical facility, until no further improvement is expected from a disabling injury or illness suffered while at work.. Cure is the cost of all reasonable medical attention required by an injury or illness while in the service of the vessel to which he is assigned.

What damages can an injured maritime worker recover under the Jones Act?

Under the Jones Act, an injured worker can recover damages for:

Physical pain and suffering, past, present and future;
Mental pain and suffering, past, present and future;
Past and permanent future disability including, scarring and disfigurement;
Loss of past and future wages;
Hospital and medical expenses;
Loss of enjoyment of life.

What damages can be recovered by a spouse or dependent children if an oilfield worker is killed?

Under the Jones Act, a spouse and dependent children can recover damages for pre-death pain and suffering and pecuniary losses for funeral and burial expenses, as well as for the loss of support and services.

How much time do I have to file a claim ?

You have three years to file suit or settle your claim under the Jones Act, or the General Maritime Law of the United States. However, it is never a good idea to procrastinate. Early investigation into the facts of your case may make the difference between winning and losing. It is imperative that all tangible evidence should be preserved, all witnesses should be identified and photographs of the scene should be taken at or near the time of the accident/injury.

What should I do if I am injured at work?

To protect your rights, it is vital that you:

Report any accident/injury as soon as possible after it happens—do not allow anyone to tell you what to write—do not allow anyone to talk you into leaving out facts you think are important—report everything you know about the accident/injury
DO NOT allow anyone—anyone-- to stop you from reporting an accident/injury
Usually you will not be given a copy of the accident report after it is completed, so write your own detailed account of the accident—include the date & time of the accident, where it happened, the weather conditions, the names of all individuals who either witnessed the accident or were in the vicinity where it happened, and, most importantly all the events leading up to what happened
Promptly seek medical attention from a doctor of your choice—in most instances, your regular family doctor is as good a choice as any
DO NOT let anyone tell you that you are required to see the company doctor, before you see your own doctor. This is simply not true.
DO NOT talk yourself out of a visit to the hospital or to the doctor, because you believe the pain from your injury will go away with time--it may just as likely get worse
DO NOT talk yourself out of a visit to the hospital or to a doctor’s, because you feel that others at work will be unhappy with you—your health is one of the most important thing you have or own—take care of yourself
DO NOT hide the fact that you were hurt at work from your doctor, because you don’t want a lost time accident at work or the crew you work with will loose their safety award
Tell your doctor about any similar injuries which you may have suffered—even if it was long ago
Tell your doctor about ever part of your body that was hurt in the accident—even if you think it is only a minor injury—or that the pain will go away
Follow your doctor’s advise—if you are not sure—call your doctor after you arrive home and tell a member of his staff about your concerns and ask that the doctor call you
If you have suffered an injury at work promptly learn about your legal rights—seek the advise and counsel of an experienced personal injury attorney who routinely handles offshore injury cases—in most cases, the initial consultation is free.
DO NOT speak with a claims adjuster
DO NOT speak with an investigator who represents the other side
DO NOT—file for unemployment, if you are unable to work at regular duty
Take photo’s if you are able of the accident scene or any tool or object involved in the accident/ask someone else to take photos for you of the accident scene or any tool or object involved in your accident
Make a diagram of the accident scene as soon after the accident as you are able
Keep a copy of all medical records which come in your possession after your accident/injury
Keep a copy of all medical bills which come in your possession after your accident/injury
If you miss time from work and have short /long term disability insurance—get all necessary forms from your disability insurance company—discuss these forms with your attorney—before filed
Keep a record of your mileage –to and from--medical appointments—you may be entitled to be reimbursed for your travel expenses
If your injury suddenly worsens call your doctor or go to the local emergency room without delay

What's my case worth?

This is not an easy question to answer. However, compensation—or money damages-- for your injuries or the death of a loved one depends on several factors, including how strong the case is on liability, the extent of your injuries, the amount and length of medical treatment, economic hardship or financial loss, decreased earning potential, physical impairment and/or disfigurement and the degree of the physical and mental pain and suffering. However, we will be happy to provide you with a free, no obligation, evaluation of your prospective personal injury claim. Our evaluation can only be as accurate as the information you provide us with. Once we receive the requested information, we will make every effort to contact you the very same day.

Will I be able to recover money even if I am partly at fault?

Yes. In most cases accident victims can recover money even if they are partly to blame for the accident.

Do I need a lawyer to obtain fair compensation?

Yes. If you have been seriously injured or a member of your family has died in a work accident —either offshore or onshore-- you should, without hesitation, promptly consult an attorney about your legal rights. Time is not on your side. Your employer and any other company involved in the accident started to investigate the accident within 24 hours after it happened. You can’t afford to wait—its just that simple. Larry Curtis offers injured workers and their families a free initial consultation to learn about all of your legal rights. Larry will meet with you personally and answer all of your questions. If you think he is the right lawyer for your case after you have meet him, Larry will promptly investigate your case and make sure that none of the evidence important to prove your case is lost or destroyed. Larry will get you every penny you deserve.

What kind of a lawyer should I hire?

You should hire an experienced lawyer who has a reputation for honesty and fair dealings. A lawyer who will prepare your case, as you would. A lawyer who will stand-up and fight for you and your family. A lawyer who has a proven track record of winning cases similar to yours.

What does it cost to hire a personal injury lawyer?

We accept personal injury cases on a percentage basis—1/3rd of what we recover--, because we understand that a family can be ruined, physically, emotionally, and financially, when a loved one is seriously injured or killed in an accident. Medical bills can quickly mount, and in many instances, there may be a loss of wages and benefits resulting in greatr financial hardship on the family. A contingency fee arrangement—no recovery-no fee-- allows you and your family to receive the legal help you need at a time you need it most. You only pay us a fee if we make a recovery on your behalf. Otherwise, you owe us nothing.

Will I have to go to court?

Probably not. Most personal injury claims are settled before trial. However, you should be prepared to go to trial if the offer before trial does not fully compensate you for your injuries or the damages which you have suffered.