BP oil Spill: " gotta prove you are dead"(pdf) vs the Jones Act

Your Right to Collect Damages after Oil Rig Accident under the Jones Act

Workers stationed on an oil rig may be entitled to fringe benefits they’re not aware of until they lose them while being unable to work after an accident. While stationed on an oil rig, most workers are provided room and board, which may not be the case if they’re sent to recover from their injuries onshore.

It’s your right, as an injured oil rig worker, to collect compensation in lieu of these fringe benefits if you qualify as a seaman under the Jones Act. You also have the right to seek damages for the pain and suffering you’ve endured due to the accident, as this can take its toll on your future enjoyment of life.

All of these benefits can be estimated with the help of a New Orleans Jones Act attorney who can also help you determine which laws will protect your rights after an accident on an oil rig.

Proving Your Eligibility for Coverage under the Jones Act

After a serious offshore accident, you’ll need to gather several types of documentation to file your claim. Employment records, work history, medical files, and related bills are all good types of evidence to have when pursuing a claim.

Your employment records and work history are the most important pieces of information when it comes to determining your eligibility. Without being able to prove that you were employed for more than 30% of your work time on your employer’s Jones Act vessel, your claim may be denied.

Failure to satisfy the requirements doesn’t mean that you’re unable to pursue any type of offshore injury claim. You may still be covered under general maritime law, if your non-Jones Act vessel or workplace was on or near navigable waters. For fixed oil rig platforms, some land-based laws may also apply.

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