
When an employee is injured offshore, the Jones Act may apply.
The Jones Act provides the injured seaman a right to bring an action
against his employer for damages according to 46 United States Code
Section 688.
A seaman is not defined under the act, but according to case law,
the definition is two-part meaning: a) employee's duties must contribute
to function of vessel or to accomplishment of its mission b) seaman
must have a connection to a vessel in navigation or to an identifiable
group of such vessels that is substantial in terms of both its duration
and its nature.
For a seaman to recover under the Jones Act, he must have been
acting within the course and scope of his employment at the time
of his alleged injury. Robair v. Penrod Drilling Corp., 98-0222
(La. App. 4 Cir. 10/7/98); 720 So.2d 130
An employer has a duty to exercise care by providing a reasonably
safe work environment, supervising seaman about safety in the workplace
and by providing adequate equipment. Milstead v. Diamond M. Offshore,
Inc. 94-1582 (La. App. 3rd cir. 9/6/95)
Many personal injuries are the result of offshore and maritime
accidents or collisions. Some examples of injuries that result
from offshore accidents are cervical and lumbar sprains, herniated
and ruptured discs, fractures, knee injuries, brain damage, and
paralysis. Victims of offshore accidents may recover for pain and
suffering, medical expenses, property damage, lost wages and loss
of earning capacity.
Murphy Law Firm handles personal injury claims. The lawyers handle
cases throughout Louisiana, including Baton Rouge, New Orleans,
Shreveport, Lafayette, Monroe, Alexandria, Hammond, Lake Charles
and surrounding areas.
The attorneys at Murphy Law Firm represent the victims of offshore
and maritime accidents. The lawyers do not represent insurance
companies. If you have been involved in an offshore or maritime
accident and suffered injuries, you do not have to be a victim twice.
Contact the attorneys at Murphy Law Firm to help you receive compensation
for the injuries you sustained from an offshore accident.
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