When Maritime Law Applies to Your Offshore Accident Case (Part A)

No one wants to suffer a horrible diving accident or other serious offshore accident. Unfortunately these types of maritime offshore injury accidents do happen and can result in serious financial losses aside from the physical and mental damages.

When you're injured in an offshore accident, you have certain rights as a maritime offshore worker. These rights are protected under maritime law which in many cases requires a maritime law attorney to explain. A regular Workers' Compensation claim won't do you justice when seeking damages after a horrible diving accident.

Determining Coverage for a Horrible Driving Accident

Your employment status is the first and most important factor in a maritime offshore accident claim.

To be covered under maritime law you must meet certain status requirements such as:

• that your accident occurred on "navigable water";
• that you were qualified for protection under the Jones Act; and
• that you were considered a "seaman" more or less permanently assigned to a vessel in navigation.

There can be many arguments made against your claim if you don't meet some of these requirements, which is why it's important to have a maritime law attorney working on your case.

Another consideration is whether or not any land-based laws apply to your injury claim. If you were a platform worker, when your horrible diving accident occurred, the maritime law may not apply. Generally, the laws of the state where the platform is located will apply to your injury claim, and not maritime law, as you were on a fixed platform.

These nuances of maritime law can be confusing when you file a claim for your horrible diving accident, but you're entitled to legal help that's familiar with cases of maritime offshore. Even if you can easily determine your status and eligibility under maritime law, it's always best to contact an offshore accident attorney in New Orleans for help.

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