Many people work on oil and gas pipelines off the coast of Louisiana. The work can be hazardous for many reasons, the least of which being the volatility of the oil or gas. Workers accept the combustible nature of the liquids and gases they are dealing with and often take precautions to protect themselves from an offshore injury.
Some companies are more diligent than others are when it comes to the safety of the men and women who are direct employees or contractors. However, even the most careful worker and safety-conscious company may still experience an accident. For instance, a contractor died recently and two other people suffered injuries in an accident that occurred on a platform for a natural gas pipeline owned by Chevron Midstream Pipeline LLC. Maintenance was being done at that gas-gathering point when something yet unknown went wrong.
Details of the accident have not yet been released since the investigation into its cause is in progress. However, there seems to be some controversy over whether gas was released at the pipeline or in the water. Whatever the cause of the accident, containment crews made their way to the site in order to deal with the now shut-in pipeline.
Regardless of the cause, one family is now left to find a way to move forward without a loved one. When it comes to the financial repercussions of this fatal offshore injury, the family may be entitled to benefits under the Longshore and Harbor Workers Act. The act works as a workers’ compensation plan for those people who work off the shore of Louisiana, but not on a navigable vessel.
Longshore and Harbor Workers Act
What is the Longshore and Harbor Workers Act?
Many Louisiana residents work on the state’s waterways. As is the case in any other profession, certain risks and dangers are associated with the job. However, those who work on our nation’s navigable waterways are not covered under traditional worker’s compensation programs. Instead, the federal government passed the Longshore and Harbor Workers Act.
The Act — which is administered the U.S. Department of Labor — provides benefits for medical care and lost income to those individuals who suffer on-the-job injuries and the families of a qualified worker who die as a result of such injuries. Qualified employees are those who work either full or part-time in maritime occupations such as longshoremen and harbor workers. It should be noted that an illness or disease contracting because of the injured party’s work is also covered under the Act.
One of the hallmarks of the Act is that an injured worker may obtain medical treatment from any physician he or she chooses. However, the U.S. Department of Labor maintains a list of medical practitioners who are for various reasons not authorized to provide care under the Act. Many types of disability payments are also available depending on the circumstances.
In the case of death, the surviving spouse, if any, is entitled to half of the worker’s weekly pay until he or she remarries or for life. Children are also entitled to a lower percentage of that pay unless there is no surviving spouse, in which case a child may receive that 50 percent. If multiple children qualify for benefits, they share equally in 66 and two-thirds percent. A $3,000 maximum is paid for funeral and burial costs.
The information about the Longshore and Harbor Workers Act provided herein is simply a general outline of who can receive benefits, what those benefits are and the amount of some of those benefits. Further information can be obtained from someone knowledgeable in the area of maritime injury or death claims here in Louisiana. This article is no substitute for obtaining legal advice on the subject matter.
Seaman Claims Employer Violated the Jones Act in Louisiana Suit
The federal government recognized decades ago that seamen and other maritime workers needed compensation for injuries suffered on-the-job with the passage of the Jones Act and the Longshore and Harbor Workers Act. The latter act provides for workers’ compensation benefits for workers that are not seaman. Louisiana seaman are most likely aware that the Jones Act provides that they may seek damages for injuries suffered through the negligence of fellow crew members, masters or vessel owners.
It is the owner of the M/V Maersk Alabama that is being sued by a seaman injured during a customs inspection last year. According to court documents, a custom’s officer ordered the seaman to clean a freezer on board the ship. While completing this task, the seaman fell. When he fell, he injured his back and knee.
He claims that his employer failed to timely pay him benefits after a determination was made that he was not fit for duty last July. He accuses his employer, Waterman Steamship, of failing to provide a safe work environment and for failing to provide the crew adequate training in safety procedures. He also claims the master and crew were inactive at the time of his accident.
Every Louisiana worker whether on land or sea deserves a safe work environment free from hazards known to cause injury. Even when employers do what they can to provide a safe work environment and proper safety training, injuries can still occur. When a seaman is injured on duty, he or she is entitled to seek financial damages from his or her employer under the Jones Act.