Offshore accident claims differ from onshore accidents for several reasons, including the governing law. Houston’s location on the Gulf of Mexico attracts many Houston residents to work offshore on oil rigs, vessels, and barges.
The oil rig industry is one of the most dangerous, with catastrophic accidents resulting in severe injuries that can devastate not only the worker but their family as well. Because offshore accidents proceed differently than other personal injury or workers’ compensation claims, having an experienced maritime lawyer is essential.
At Kolodny Law Firm, we represent Houston offshore workers and their families with compassion and aggressive advocacy. We put together this guide to discuss common types of offshore accidents, potential compensation, steps to take after an offshore incident, and to answer frequently asked questions. We are always available to take your call if you have questions or are looking for an offshore accident lawyer.
Common Types of Offshore Accidents in Houston
Many types of offshore accidents can happen. The most prevalent type of accident will be unique to the precise industry. For instance, oil rigs are more likely to have fires or explosions, whereas barge workers may face crush accidents more frequently. While it is possible to have a minor offshore accident, almost always, they are catastrophic incidents with devastating consequences. Offshore accidents in Houston include:
- Oil rig accidents. Oil rig accidents are inherently dangerous, involving heavy machinery and equipment. Fires, explosions, spills, and leaks can lead to devastating oil rig accidents that often leave workers with little chance of escape.
- Barge and tugboat accidents. Barges and tugboats transport and move large vessels and equipment. A crash or mishap can lead to a severe accident on the water.
- Falls overboard or from heights. When working offshore, there is always a risk of falling overboard or from a height to a lower level. Poor weather conditions or lack of safety equipment carries a substantial risk of falling from a height.
- Toxic chemical exposure. Offshore rigs and vessels contain toxic chemicals, specifically oil and gas rigs. Repeated exposure to these chemicals or their mishandling can lead to serious injury and illness.
- Equipment failure. Defective, malfunctioning, or broken equipment can lead to horrific accidents and injuries. Offshore rigs and vessels are stocked with heavy machinery and equipment that always carry a risk of injury.
- Offshore drilling accidents. Offshore drilling is a hazardous job by its very nature. An accident can occur if the drilling company and employer do not take proper precautions to prioritize safety.
- Dropped objects and crush accidents. If dropped, heavy objects, materials, and offshore machinery can cause catastrophic injuries. Dropped objects and crush accidents can cause debilitating head trauma, fractures, amputations, and even death.
- Helicopter and boat crashes. Helicopters and ships transport workers and other people to and from vessels, rigs, and platforms. Pilot and captain error, improper maintenance, poor weather conditions, and other factors can cause crash accidents.
Unlike many other accidents, offshore accidents often cause significant injuries to all involved. Houston, Harris County, and the greater Gulf of Mexico area are home to hundreds of offshore oil and gas rigs that pose substantial daily risks. If you or someone you love was injured in any offshore accident, you have legal rights and options. Our Houston offshore accident lawyer can assist you.
Compensation for Offshore Injuries
The compensation you might be entitled to for an offshore injury will depend on your case’s specific facts and circumstances. Generally, offshore accident victims are entitled to compensatory damages, including:
- Past and future medical expenses—compensation for all medical bills and anticipated future medical costs, including future surgeries, rehabilitation, therapy, and pharmaceuticals; and
- Lost wages—you may receive payment for lost wages for time missed from work and compensation for the inability to earn.
In addition to these economic losses, you can all seek noneconomic damages, including compensation for:
- Pain and suffering,
- Mental anguish,
- Emotional distress,
- Loss of consortium, and
- Loss of enjoyment of life.
Compensation for your intangible losses can be difficult to negotiate with the insurance company or defendant since they are personal to you and cannot be quantified in the same manner as economic damages. Consulting our experienced Houston offshore accident lawyers to negotiate on your behalf can mean a difference in significant compensation.
Legal Considerations of Offshore Accidents
As with any accident, there are legal considerations to consider when injured in an offshore accident.
The Jones Act & Statute of Limitations
The Jones Act, or the Merchant Marine Act of 1920, is a federal law that applies to Texas offshore workers. The Act protects maritime workers and provides legal recourse for injuries while working on a ship or vessel. It allows workers to ensure their employers are covered for damages if their injuries were caused by the employer’s or co-worker’s negligence or an unsafe condition on the rig or vessel. If you sue under the Jones Act, you typically have three years from the accident date to initiate your lawsuit.
Suppose something other than employer negligence caused the offshore accident, such as a third party’s negligence or a defective piece of equipment or machinery. In that case, you generally have two years from the date of the injury or the date you discovered or reasonably should have discovered the injury to initiate a lawsuit.
For instance, if you experienced an injury by a malfunctioning forklift on an offshore vessel, you have two years from the date of injury to bring a claim against the forklift manufacturer or mechanic. The responsible party and type of accident will dictate how long you have to bring your claim.
What to Do After an Offshore Accident in Houston
In those hours, days, and weeks following an offshore accident, you are undoubtedly feeling overwhelmed, anxious, and hurt. Having a general sense of what to do and the steps to take can help you feel more in control and at ease while you recover.
Continue with Medical Treatment
You will most likely require immediate emergency medical care for your injury. Because of the severe nature of most offshore accidents, most victims require emergency medical assistance. However, medical treatment usually does not stop there. You must continue with all necessary diagnostic procedures and treatment. This might include surgery, physical therapy and rehabilitation, pharmaceuticals, and more.
Report the Accident and Injury
If your employer or supervisor did not witness the accident, you must notify them as soon as possible. Report the incident and your injury to your supervisor and relevant authorities.
Document the Scene
If you are physically able, you should document the accident scene. The easiest and most effective way is to take photos and videos with your phone. Speaking to any potential witnesses and co-workers who might have seen what happened is also a good idea. Depending on the type of accident, it might be a good idea to keep the clothes you were wearing and anything else you may have had on at the time.
File an Insurance Claim
Depending on the circumstances and employer protocol, you may have to file your insurance claim. Speaking with the appropriate individual is essential to ensure you follow the proper channels.
Contact an Offshore Accident Lawyer
Offshore accident claims can be complex and challenging to navigate on your own. They often involve severe injuries and have lifelong consequences that can affect you and your family. Understanding when and how to pursue compensation is not always straightforward.
While there is no legal requirement to hire an attorney to pursue a case, we strongly encourage you to contact one. A seasoned Harris County offshore accident attorney can make a successful case. Choosing the right attorney can feel daunting, but asking friends, family, and co-workers for recommendations can lead you in the right direction.
It is essential to be mindful of what you say to the insurance adjuster handling the claim and to avoid posting about the accident and injuries on social media. Any statements made, pictures posted, or comments written can be used to deny or downplay your claims later.
Houston Offshore Accident Lawyers
Offshore accidents can encompass many accidents and injuries that drastically impact your life. You may be entitled to significant compensation for your injuries if you successfully pursue legal action. As members of The Maritime Law Association of the United States, we have the experience and knowledge to help you pursue legal action. At Kolodny Law Firm, we provide aggressive yet compassionate representation to anyone injured in a maritime or offshore accident. Contact us today to schedule a free initial consultation.
Offshore Accident Frequently Asked Questions
How Long Do Offshore Claims or Lawsuits Generally Take?
How long an offshore claim or lawsuit can take will vary depending on the circumstances. If you can resolve your claim outside of court, it will be resolved quicker than if you file a lawsuit. Factors that influence the length of a claim include the severity of injuries, number of defendants, type of defendants, applicable insurance policies, ability to settle outside of court, and more. Your offshore accident lawyer in Houston can provide a more tailored estimate based on facts unique to your case.
How Do Offshore Claims Work?
While there are some similarities between filing an ordinary workers’ compensation claim or a personal injury claim, offshore claims work differently. The law that governs offshore workers’ rights and avenues for recovery is different. Filing a claim as an offshore worker can be confusing and overwhelming. You may also need to gather evidence to prove your employer was negligent. A seasoned offshore accident attorney can guide you through the claims process and help you navigate the nuances of these claims.
How Often Do Offshore Claims Settle Out of Court?
Like most personal injury claims, most offshore claims settle outside of court. Only a tiny percentage actually proceed to a trial. A seasoned attorney will know when it is best to settle outside of court or engage in litigation to see that you achieve your desired results.
Who Is Liable for Offshore Injuries?
Several parties can be liable for offshore injuries, including your employer, manufacturer, mechanic, service provider, and third parties such as outside vendors and contractors. One or more parties may simultaneously be liable for your injuries if they contributed in part to the accident. It is essential to name any potentially responsible parties to ensure you receive maximum compensation.
What Is an Offshore Injury?
Generally, an offshore injury is any injury to a worker off the shores or coast of the United States. Offshore injuries can happen on tugboats, ships, vessels, oil rigs, barges, and platforms. The remote location and dangerous nature of most of these jobs can lead to several types of accidents and injuries, including explosions, falls, electrocution, chemical exposure, and more.
Why Does It Matter If I Am Injured Offshore vs on Land?
Different laws and regulations will apply if you have been injured offshore versus on land. Maritime laws were instituted to protect maritime employees. Timeframes for pursuing a claim, procedures, and legal concepts for proving fault and negligence can vary in offshore accidents versus onshore. Your attorney will discuss applicable law in your case.
Is My Injury Claim Worth More If I Am Injured Offshore?
Although the fact that you are injured offshore may not make your claim worth more, the nature and severity of most offshore injuries can mean your claim is worth substantially more than other types of personal injury actions. Factors that can influence the value of your case include insurance policy maximums, who the defendants are (i.e., individual versus commercial entity), the number of defendants, and whether you were partially at fault.