According to a 2013 study conducted by the Centers for Disease Control and Prevention (CDC), the fatality rates within the offshore oil and gas industries were seven times that of the general American workforce between 2003 and 2010. If someone you love recently drowned while working on an offshore oil rig, you likely have more questions than answers—and we are here to help.
Offshore oil rig accidents are far too common and may be attributable to irresponsible supervisors with a questionable safety history. While nothing can bring back your loved one, a Louisiana drowning death attorney can help you get the compensation you need and deserve in the wake of such a horrific and sudden tragedy—which can be especially helpful if the deceased was the primary earner for your family.
If you are ready to discuss the details of your wrongful death claim with the compassionate and patient offshore accident attorneys from the Law Offices of Matt & Allen, please do not hesitate to contact our Lafayette office by calling 337-237-1000 right away.
Receiving Compensation for Wrongful Death: The Jones Act and the Death on the High Seas Act
Following a tragic fatality, many surviving family members are surprised to learn that they can actually file a lawsuit on behalf of their loved one to help pay for some of the costs associated with the victim’s death.
Typically, surviving family members who lost a loved one because of another’s negligence would file a wrongful death claim to receive compensation under Louisiana law. However, if the accident is maritime-related, the laws and the process family members must follow are different and more complex. This is why it is so important to speak with a Louisiana offshore accident lawyer from the Law Offices of Matt & Allen for help navigating these confusing laws.
The Jones Act and the Death on the High Seas Act (DOHSA) may allow surviving family members to receive compensation from a liable party in the event of a loved one’s death. Where your family member drowned may dictate the act under which you should file. For example, DOHSA only applies to incidents that occur on the “high seas,” or three miles (one marine league) or farther offshore.
Which act you file under may also affect:
- Who in your family may receive compensation
- What types of compensation they may receive
- Who the family members are able to sue
- On what grounds a family member can sue (for example: negligence, unseaworthiness of vessel, etc.)
Note: Surviving family members only have three years to file a claim under the Jones Act and DOHSA, so act quickly to avoid letting this time limit expire.
Establishing Liability
To be eligible to receive compensation under the Jones Act, family members must prove the employer was negligent or that the vessel was not seaworthy.
Examples of negligence may include:
- Defective equipment or lapsed inspection requirements
- Failure to prepare for oil rig fires
- Improper training of oil rig employees
- Unsafe working conditions
To prove a vessel is not seaworthy, family members must prove that the vessel did not provide the worker with a safe place to work. For example, if the owner or operator left a hazard uncorrected on the vessel and that hazard led to a worker’s death, the worker’s loved ones could sue the owner or operator for damages.
The standard to establish liability and entitlement to compensation is similar for DOHSA. For help understanding these laws and establishing liability, be sure to contact a Louisiana lawyer at our firm.
Compensation Family Members Can Recover
As stated above, each act limits what damages family members can collect. Under DOHSA, family members can only collect economic damages, such as potential lost wages, loss of support, medical bills (if the worker did not pass immediately), and funeral and burial costs.
Under the Jones Act, surviving family members may be able to collect both economic and non-economic damages. For example, the deceased worker’s family can collect the financial damages listed above (potential lost wages, etc.), but the family is also eligible to collect damages that are more difficult to calculate monetarily, such as pain and suffering and loss of companionship.
If the negligence that led to the worker’s death was especially appalling or if the employer intentionally injured and drowned the worker, the court may award the family punitive damages. The court awards these damages, not to benefit the family, but to punish the responsible party and to stop any future wrongdoings. These damages are only available under the Jones Act.
Contact a Drowning Death Attorney Today
If your loved one recently died due to an offshore oil rig drowning, please accept our deepest condolences for your loss. If you are ready to discuss your rights as the survivor’s next-of-kin, please contact the Law Offices of Matt & Allen in Lafayette, Louisiana, right away at 337-237-1000.
