At Gordon & Doner, our Davie maritime lawyers understand that offshore workers are subjected to treacherous working conditions on a regular basis. Injuries sustained offshore or aboard a vessel are often life-threatening and can place severe emotional and financial burdens on the injured victim and their family.
Our maritime lawyers are dedicated to helping victims injured in an offshore accident by pursuing all possible avenues for compensation. We have experience handling claims involving maritime workers' compensation, The Longshore and Harbor Workers Compensation Act, negligence claims, wrongful death lawsuits, and violations of the Jones Act.
If you or a loved one was injured while at sea or aboard a vessel, you may be entitled to file a compensatory lawsuit for your injuries. At Gordon and Doner, we have helped hundreds of clients receive millions in successful verdicts and settlements, and we are fully prepared to help you, too.
If you believe your offshore injury may warrant a lawsuit, please contact our Davie maritime lawyers as soon as possible.
By law, claims filed under the Jones Act must be brought within a certain amount of time after an injury, so it is important to seek legal assistance immediately following an accident at sea.
All consultations with us are 100 percent free, and we only get paid when we secure a favorable legal outcome for you.
Who Can File a Claim for Maritime Injuries?
Anyone who suffers an injury while working offshore or aboard a vessel may be entitled to file a negligence lawsuit or a workers' compensation claim. Both are legal options, regardless if the injury occurred while working in state, federal or international waters.
Workers' compensation claims for Davie workers injured at sea are filed in the same manner as those filed for land-based injuries. The only exception is the names and specifications of the legal acts put in place to protect offshore workers. All covered sailors and harbor workers can file a workers' compensation claim under these acts to receive benefits, including medical treatment.
Alternatively, an injured offshore worker can file a negligence lawsuit against their employer, a water vessel insurance company or a third party whom they feel is responsible for their injures. However, for a negligence lawsuit to be successful, the injured worker must prove another individual acted in a reckless or negligent manner that ultimately caused him or her harm. To prove that negligence or recklessness occurred, the injured worker must show:
- The alleged at-fault individual or company owed the injured worker a duty of care
- That duty of care was breached, violated or wrongly dismissed
- Negligence on behalf of the alleged at-fault individual or company caused an accident
- The worker suffered injuries as a result of the accident
For example, owners of cargo ships or other vessels have an obligation to provide workers with a vessel that is seaworthy. A vessel is considered seaworthy if it is designed for its intended use, has appropriate equipment and necessary safety gear, employs a crew of competent workers, and is a generally safe place to work.
Ships that are unseaworthy may not be able to safely withstand dangerous situations that can develop offshore, such as tropical storms, hurricanes or encounters with oceanic predators. In these instances, the vessel's owners may be liable for any injuries that resulted from the ship's unseaworthiness.
Evidence that may be helpful in proving another's negligence in a work place accident include:
- Pictures of the worker's injury or any resulting property damage
- Videos, photographs or news coverage of the accident scene
- Eyewitness statements or testimony
- Police reports of the incident
It is also helpful to contact an attorney who has experience handling complex cases involving employer and third party liability. At Gordon and Doner, our Davie maritime lawyers have decades of experience holding at-fault parties accountable and helping injured offshore workers receive the compensation they deserve.
Find out if you have a case by chatting with a legal representative now.
Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federally funded workers' compensation program that provides injury and disease protection for longshoremen and harbor workers. If an offshore or maritime worker is injured on the job, or if their injuries were directly related to maritime employment, they may be covered by the LHWCA.
Workers who are generally covered by the LHWCA include:
- Maritime workers engaged in longshore operations
- Harbor workers who load and unload cargo ships or other vessels
- Construction workers, welders or maintenance workers who build or repairing water vessels or engage in general maritime construction
Workers who are not eligible for LHWCA coverage include:
- Harbor and maritime workers who load, unload or repair vessels weighing less than 18 tons
- Government employees
- Clerical staff
- Marina employees who are not involved in the construction or expansion of the marina
Workers who are not protected by LHWCA may still have legal recourse if they receive and injury while on the job. Our Davie personal injury lawyers can discuss all legal options available to injured maritime workers.
The Jones Act
In 1920, national concern over the wellbeing of sailors and crew members prompted the enactment of the Jones Act. The act offers all offshore workers the option to take legal action if they were injured during the course of their employment, provided their injury occurred on a vessel that was in navigation at the time of their injury.
Prior to the Jones Act, offshore workers had limited options for pursuing legal recourse in the event of an accident or injury at sea. If you were injured in a maritime accident, it is advisable to enlist the services of an experienced attorney who is well-versed in the Jones Act.
At Gordon & Doner, our Davie maritime lawyers have in-depth knowledge of the Jones Act as well as LHWCA, and we are available to help all injured offshore workers understand which course of action best suits their individual situation.
Contact our Davie Maritime Lawyers Today
All employees are entitled to a reasonably safe working environment, even if they are employed in a notoriously dangerous occupation, such as offshore drilling, harbor and freight work, or commercial fishing.
Whether your accident occurred at sea or harbor side, our Davie maritime lawyers can help make the process of filing a lawsuit less stressful, especially when the injury requires a substantial amount of time and attention.
We will collect evidence, take witness statements, file the necessary paperwork, and prepare a rock solid case on your behalf. Having an attorney who is familiar with maritime law can make a big difference in a lawsuit's final outcome, and our Davie maritime lawyers have the knowledge and experience necessary to help ensure you receive the maximum amount of compensation allowed by law.
If you or someone you love was injured while working offshore, contact the Davie maritime lawyers at Gordon & Doner today.