Industrial injuries are common, and if your injury was sustained as a result of the negligence of a third party, you will be entitled to file a claim. If your industrial injury occurred while you were working offshore, you may be entitled to relief through various maritime claims such as:
- The Jones Act: This would require a showing that your employer was negligent, much like a personal injury lawsuit. It must also be proven that you as the employee carried the title of “seaman” at the time of your injury. You are considered a seaman if at least 30 percent of your work hours were spent on an offshore vessel. The Jones Act also only covers United States citizens on American-owned vessels. If you are still wondering whether or not your claim counts as a Jones Act case, you should consult your employer.
- The Longshore and Harbor Workers’ Compensation Act: You do not need to show fault in this type of claim, which has procedures and benefits similar to the workers’ compensation system that covers industrial injuries that occur on land. This act states that if you are an offshore worker or work in an “adjacent occupation” even if you do not spend 30 percent or more of your time on an offshore vessel, you are liable to compensation under this act.
As an industrial worker, you may not always be working on oil rigs and will be wondering which benefits you are entitled to be compensated under. If you have any remaining doubt as to which maritime claim you can file or how you get compensated, it would be best to contact your employer and possibly in addition to this, a legal professional who is familiar with both maritime and industrial law.