Between the years of 2003 and 2010, 128 individuals died in offshore oil and gas operation incidents. This figure divides into an average of 16 deaths during each of the included years. All but one of the fatalities occurred in the Gulf of Mexico, the body of water that New Orleans residents enjoy using for its beaches and water sports. The fatality rate for workers in this incredibly dangerous industry is around seven times higher than the fatality rate of workers in other industries and the work presents individuals with serious dangers that do not exist in other fields of employment.
The Gulf of Mexico is a beautiful view for many of the residents of New Orleans. However, some also derive benefits from this impressive body of water beyond its aesthetic appeal: it provides them with job opportunities.
The Jones Act provides seamen and workers on water-based vessels with legal rights to pursue the damages they sustain while on board such vessels. However, under the Jones Act, victims carry some burdens of proof in demonstrating their rights to claim under the law and the extent of damages that they wish to procure. This post will generally discuss the doctrine of maintenance and cure under the Jones Act, and how it may apply in personal injury cases. But, readers are encouraged to discuss their possible maritime cases with Louisiana-based attorneys.
When a worker is hurt while performing work-related tasks, there are a number of laws that may help them request financial support during the time they are unable to do their jobs. However, not all of the laws that protect and support New Orleans workers apply to those individuals whose jobs take them out onto open water. If a worker is a merchant marine, then his work-related injury claims may be covered by the Jones Act.
As many residents of New Orleans probably know, admiralty and maritime law refers to the statutes and legal doctrines covering ships and conduct on the ocean, including both coastal waters belonging to the United States and the high seas, also called "international waters." What some might not know is that the Founders of the United States contemplated that the federal government would be involved in admiralty law and maritime law decisions, as the Constitution itself specifically mentions that federal courts have the power to hear cases involving legal questions stemming from conduct on the ocean.
Towing vessels are an important part of the transportation and logistical infrastructure of the Mississippi River and the port of New Orleans. More than a few Orleans Parish residents go to work each day aboard a towboat. The federal government has promulgated regulations that govern general health and safety requirements aboard towing vessels. This blog post will give a brief overview of these regulations.
Many people in and around New Orleans are involved in the commercial fishing industry. The Gulf of Mexico and the lakes and bayous of Louisiana can be great places to harvest fish, crustaceans and other tasty sea dwellers. Strong and intelligent workers are needed to make this industry operate. But working in this industry is not without its risks.
Information is power. When New Orleans workers are armed with the necessary information for their job, they have the power to perform efficiently and effectively. Not only do workers need to know the skills necessary to do their job tasks, they must also be aware of information that can help them stay safe on the job. This minimizes the chances of injury to oneself and others, and maximizes the likelihood of workers enjoying a long career in their profession.
Federal law provides important protections for injured seaman. Louisiana workers injured in an offshore accident may wonder what protections are available to them. Under federal law, injured seaman and family members of seamen who have been killed in the course of work enjoy legal protections. The Jones Act provides legal options for personal injury and wrongful death claims brought by an injured seamen or injured seaman's family against their employer.
This Orleans Parish law blog has discussed admiralty law, how it is the area of law that relates to injured seamen and how they can seek compensation for their damages. The doctrine of maintenance and cure applies to persons that the law determines are seamen. One of the requirements for a person to be a seaman in the eyes of the law is that the person must be working in the service of a vessel in navigation and on navigable waters. This blog post will give a summary of how the law determines whether this requirement is fulfilled.