Articles Posted in Offshore Injury

In the summer of 2018, our clients were among a five-man crew in a work basket positioned 100ft above a high-pressure gas well. The crew were involved in a snubbing operation when a catastrophic failure occurred, causing the well to blow out. With no safe means of egress, our clients remained engulfed in the high-pressure fumes for several minutes before finally managing to reach the crane basket to escape.  

Severe Injuries from Oil & Gas Industry Accident 

The injuries sustained by our clients were life-altering and required extensive medical treatment: 

As 2025 begins, many of us take a moment to reflect on our achievements, challenges, and goals for the upcoming year. While it’s important to look ahead, we should also take a step back and consider the unresolved issues from last year that might still be affecting us—especially when it comes to personal injury claims.

Whether you’ve been in a car accident, suffered a slip-and-fall, or experienced a workplace or off-shore injury, time is of the essence. If you have an injury claim that hasn’t been resolved, now is the time to act. The new year presents an opportunity for a fresh start and a path toward recovery.

Last year, the Louisiana Legislature made several changes affecting your right to bring a claim for injuries. The statute of limitations—which is the legal deadline for filing a personal injury claim—was changed for some claims. This deadline may differ depending on the type of claim and date of injury. If you miss this deadline, you could forever lose your right to recover compensation for your injuries and losses.

Maritime law governs activities on navigable waters and includes the Jones Act, a sector specifically created to protect seamen. The Jones Act federally regulates maritime commerce in the United States and, although originally intended to protect seamen, its effectiveness has eroded over the years due to various factors. Today, seamen face a perilous landscape if they are injured due to a company’s negligence while aboard a vessel.

Despite this challenging environment, our partner Blake David continues to represent clients in maritime cases that are covered by the Jones Act. Blake has moderated and lectured at many Louisiana maritime conferences over the last two decades, including the Louisiana Association for Justice’s(LAJ) High Stakes on the High Seas Maritime Law Conference and the Louisiana State Bar Association’s Admiralty Symposium (where Blake is chair). Blake and Jerome Moroux have served as the LAJ Maritime Section chair multiple times. This year, Blake was recognized by Acadiana Profile magazine as a 2024 Top Lawyer in Maritime Law. He, along with all the attorneys at Broussard, David & Moroux, continues to seek justice for our clients.

Blake represented our client who was seriously injured on a vessel due to the company’s negligence. The incident occurred when our client was working offshore, and the vessel collided with a piling, causing him to slam into the cab of the boat. The pilot coworker onboard was distracted and speeding.

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

A person can suffer injuries just about anywhere. However, if you suffer injuries while performing work, you may be entitled to (or restricted to) certain forms of recovery depending on where those injuries occur and your relationship with the location. For example, a person who is injured as a result of work they are performing may be limited to recovery under the Worker’s Compensation Act. The same is true for a person who is injured on the high seas.

When a seaman suffers personal injury or death while on a vessel, the Jones Act provides an expansive remedy for him. The Act mandates that “any seaman who shall suffer personal injury in the court of his employment may, at his election, maintain an action for damages at law.” However, coverage under the Jones Act is dependent on one thing: whether or not the employee constitutes as a “seaman.” Unfortunately, because the Act does not directly define who qualifies as a “seaman,” it is often difficult to know whether you meet the requirements of a Jones Act seaman.

In order to qualify as a Jones Act seaman, one must show: (1) the employees duties contribute to the function of the vessel or to the accomplishment of its mission; and (2) there is a connection to a vessel in navigation that is substantial in terms of both duration and its nature.

On October 18, 2022, a crane mechanic was awarded over $144,000 in a Longshore and Harbor Workers’ Compensation Act claim after his employer denied responsibility for over two years.

On September 16, 2019, D.L. fell while descending the stairs of a heliport to the platform at Ship Shoal 178, in the Gulf of Mexico. It is estimated that the crane mechanic fell about five to six steps, landing on his back. Due to this incident, D.L. suffered injuries to his neck, back, right shoulder, and both hips.

After the accident, D.L.’s employer placed him in a modified position until he was let go six months later.  The employer then denied D.L. was entitled to benefits based on its own doctor’s findings that all his symptoms were unrelated.  However, D.L.’s treating physicians related his symptoms and their recommended treatment to the on-the-job injury.

The U.S. Coast Guard received a call at 6:35 P.M. on Wednesday from Westwind Helicopter Inc. personnel confirming a company helicopter crashed into the Gulf with three people aboard. The crash occurred 46 miles offshore near Morgan City.

The Coast Guard District Eight watchstanders coordinated the launch of a Coast Guard Air Station New Orleans MH-60 Jayhawk aircrew and diverted an Aviation Training Center Mobile HC-144 Ocean Sentry aircrew to assist. The Jayhawk aircrew arrived and found two crewmembers hanging onto life rafts. These two crewmembers were hoisted from the water. The body of a deceased third crewmember was found in the fuselage of the submerged helicopter.

The two surviving crewmembers were transferred to University Medical Center New Orleans and were last reported to be in critical condition. The cause of the incident is still under investigation.

On September 12, 2022, the Department of Interior announced a new proposed rule to ensure offshore oil and gas operations on the Outer Continental Shelf are conducted with the utmost safety and oversight standards. This proposed rule builds on reformed instituted by the Department since the Deepwater Horizon tragedy that killed 11 offshore workers and caused billions of dollars of damages.

Following the Deepwater Horizon incident in 2010, the Bureau of Safety and Environmental Enforcement adopted several recommendations from multiple investigative teams to improve the overall safety of offshore energy operation. The BSEE Director Kevin M. Sligh Sr. says the proposed revisions “will protect workers’’ lives and the environment from the potentially devastating effects of blowouts and offshore oil spills.”

To further protect human lives and the environment, the Department is proposing revisions that would:

Late last month, a tank owned by Texas Petroleum exploded on Catfish Lake near Golden Meadow. The United States Coast Guard responded to a call by sending a helicopter and a locally stationed unit. Local Firefighters and state hazardous materials units also responded, successfully dousing the fire.

During an evacuation, one person was injured, suffering burns to his body. The person was transported to Terrebonne General Hospital where he was stabilized. Authorities established a three quarters of a mile perimeter around the explosion, but put out the fire before any residents were threatened.

The tank held crude oil before the oil was to be sent into the pipeline system. The cause of the fire is under investigation.

MORGAN CITY – As many as eight people were hurt in an explosion reported at a natural gas well in the Gulf of Mexico Tuesday afternoon.

Authorities said the incident was reported sometime before 3 o’clock after a well ignited. The victims reportedly suffered varying burn injuries in the explosion.

The patients were taken by boat to a dock in Morgan City. Helicopters were expected to land there to move those victims to a hospital.

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