Offshore Accidents along Mississippi’s Gulf Coast

In the Biloxi and Pascagoula area, many people work offshore on barges, fishing vessels, cargo ships, casino boats, and ferries, which means offshore accidents are common along the Gulf Coast simply due to the amount of time we spend on the water. When those who own or operate seafaring vessels fail to keep their premises and equipment safe for workers and the public, injury-causing accidents are especially likely to happen. Gardner Law Firm has extensive experience handling offshore accident cases involving maritime law and The Jones Act.

On-the-Job Offshore Accidents and Maritime Law

Working in an offshore environment is inherently dangerous. When an injury occurs on a vessel or an oil rig, the legal path to compensation is significantly different from land-based workers’ compensation. Understanding your rights under maritime law and the Jones Act is essential for protecting your future.

Understanding Your Status as a Maritime Worker

• Commercial and Charter Fishing Boats: Workers face heavy equipment and unpredictable seas.
• Barges and Tugboats: Crew members handling towing operations and cargo transport.
• Casino Boats and Ferries: Employees serving the public in a maritime setting.
• Cargo Ships: Sailors managing international shipping and heavy machinery.
• Tour and Excursion Boats: Staff operating recreational vessels for tourists.

If you spend a significant amount of your working time contributing to the function of these vessels, you may be entitled to seek compensation for injuries sustained during your employment.

Common Environments for Offshore Accidents

Docks and Shipyards. Loading and unloading cargo, performing maintenance in dry docks, and navigating crowded piers present constant risks of crushing injuries, falls, and equipment failure.

Offshore Oil Rigs and Platforms. Oil and gas workers face high-pressure environments. Blowouts, fires, and structural failures on jack-up rigs or semi-submersibles can lead to catastrophic, life-altering injuries.

Commercial Fishing Operations. The fishing industry remains one of the most hazardous sectors. Winch accidents, entanglement in nets, and slippery decks are common causes of on-the-job injuries.

The Doctrine of Unseaworthiness

Examples of unseaworthiness include:

• Defective or poorly maintained machinery.
• Lack of proper safety equipment (like railings or life jackets).
• An undertrained or insufficient crew.
• Oil or grease left on walkways can cause a slip and fall.

If your injury was caused by any of these conditions, you may have a claim against the vessel owner, regardless of whether they were actively negligent at the moment of the accident.

Protection Under the Jones Act

Under the Jones Act, employers are held to a high standard of care. They are responsible for:

• Providing a safe working environment.
• Maintaining all equipment in working order.
• Ensuring all employees receive adequate training for their specific tasks.
• Safely navigating the vessel or rig.

Crucially, the “burden of proof” for negligence under the Jones Act is lower than in typical personal injury cases. If your employer’s negligence played even a small part in causing your injury, they can be held liable.

Maintenance and Cure Benefits

Maintenance refers to a daily allowance provided to cover basic living expenses (room and board) while you are recovering.

Cure refers to the obligation of the employer to pay for all necessary medical treatment related to the injury. These benefits continue until you reach “Maximum Medical Improvement,” meaning your condition has stabilized and further treatment will not result in further recovery.

Steps to Take After an Offshore Injury

1. Report the Injury Immediately: Notify your captain or supervisor and ensure an official accident report is filed. Do not wait, as delays can be used to question the validity of your claim.
2. Seek Medical Attention: Your health is the priority. See a doctor as soon as possible and be clear about how the injury occurred.
3. Document the Scene: If possible, take photographs of the equipment or conditions that caused the accident and gather contact information from any witnesses.
4. Consult a Maritime Attorney: Maritime law is a highly specialized field. An experienced lawyer can help determine if you qualify as a seaman and ensure you meet the strict filing deadlines associated with the Jones Act.

Common Maritime Accidents and Injuries

Maritime/offshore jobs can be incredibly dangerous. Workers find themselves constantly surrounded by water and heavy machinery, either of which can have deadly consequences. Vessels might be understaffed, have inadequate equipment or maintenance, or companies might fail to provide enough training for seamen who are forced to work long hours under harsh conditions.

Jobs in the maritime industry often pay well, but there is a tradeoff. The injury and fatality rates in this sector can be far higher than others. Some of the most common maritime accidents and injuries we see include:

• Slip and falls – The most common type of maritime accident is a slip and fall or trip and fall injury. The decks on vessels are slippery and can be cluttered with debris, leading to dangerous and even deadly accidents.

• Falling overboard – Seamen can fall overboard while out to sea as well as at the dock by falling in between the vessel and the pier. Rescue efforts can also put other crewmembers at risk.

• Enclosed spaces – Many seamen are forced to work in enclosed spaces such as engine rooms and cargo areas where there is insufficient oxygen or toxic fumes.

• Chemical burns – A vessel’s galley or engine room are common places for chemical burns as well as dangerous voltage accidents.

• Repetitive use injuries – Maritime workers are often asked to repeatedly perform the same tasks without proper training. This can result in different repetitive use injuries to the back, neck, wrists, hips, feet, knees, and ankles.

Ship Owner Responsibilities under The Jones Act

There are many specific items ship owners are responsible for maintaining under The Jones Act, including:

• A vessel’s owner must make sure the ship is able to withstand the rigors of the weather and the seas it is operating in.
• The crew members must be trained and certified competent to maintain the vessel.
• The equipment you work with must be maintained in proper working condition and serviced regularly.
• All decks must be maintained and kept free from trip and fall hazards.

Are You Covered Under the Jones Act?

The Jones Act is one of the most significant maritime laws. Passed by the federal government after the tragic loss of the RMS Titanic, this law gives injured seamen the right to sue their employers for compensation.

Most employees in the U.S. are covered by workers’ compensation, but the Jones Act gives seamen additional rights and protections. The Jones Act only covers certain types of workers; specifically, seamen and sailors hired to work on American vessels. To qualify, at least 30% of your time must be spent on a vessel that is “in navigation,” or not drydocked. A vessel can be anything from a small boat to a large cargo ship. Further, your position must contribute to the mission or function of the fleet.

Your Rights After an Offshore/Maritime Accident

If you are working on a vessel, you should be aware of your rights under the Jones Act and other admiralty and maritime laws. Specifically, you are entitled to:

• A reasonably safe working environment;
• Access to a seaworthy vessel;
• Vessels with adequate crew numbers;
• Vessels with a well-trained crew;
• Vessels with appropriate safety rails and guards;
• Vessels with appropriate equipment and fire suppression systems;
• Vessels that have sufficient living quarters, food, and water;
• Vessels that have properly stored cargo.

If you have been injured as a qualified seaman, you also have the right to:

• File a lawsuit if you were injured due to your employer’s negligence or harmed by another crewmember;

• Request “maintenance and cure” following an injury, which is reimbursement of daily expenses and payment of medical care;

• File a claim for compensation for economic and non-economic injuries that resulted from negligence;

• File a claim for punitive damages if your employer refuses to pay maintenance and cure.

Pursuing a Maritime Accident Claim

While maritime law gives you certain rights, collecting the benefits you are entitled to is not always automatic. You may be required to identify the party responsible for your injuries, which could depend on the circumstances of your accident. Some options include:

• An employer – if there was poor ship maintenance, a lack of training, or other negligence.

• A vessel captain – if there was a collision or other decision that caused the accident.

• A vessel owner – if the vessel was unseaworthy or poorly maintained.

• A co-worker – if another crewmember contributed to your accident.

• A product manufacturer – if there was a dangerous or defective product involved.

Some cases involve more than one at-fault party, and it is not uncommon for an insurance company to try to claim that you were somehow responsible for the accident as well. For this reason, we recommend that you speak with an experienced maritime accident attorney as soon as possible so that you can protect your right to full recovery.

Patron Accidents on Maritime Vessels

In addition to people who have been injured while working offshore, we represent patrons of offshore casinos, marina restaurants, charter boats, and cruise ships who have sustained personal injuries while onboard these vessels. For example, slip and fall injuries frequently occur offshore due to a ship’s motion or rough water, and also because of wet or slippery surfaces on the boat or dock.

In fact, the types of injuries you may suffer as the patron of a boat or maritime facility are virtually limitless. You may hit your head on an unfamiliar low doorway, causing lacerations and concussions. As a cruise ship passenger or dinner marina patron, you may get food poisoning and become sick due to eating food that was improperly prepared, handled, or preserved. Injuries may also occur when boarding or disembarking from boat to deck as the vessel rocks back and forth. Regardless of the circumstances surrounding your personal injury, the Gardner Law Firm is there for you with a team of experienced offshore injury attorneys.

Contact Gardner Law Firm after Sustaining an Offshore Injury

If you have been injured offshore, either as a worker or a patron on a maritime vessel, please contact Gardner Law Firm to schedule a free initial consultation with an experienced personal injury and maritime attorney. We help injury victims all along Mississippi’s Gulf Coast get the money they deserve after an accident.