Menu

Exploring The Legal Process


About Me

Exploring The Legal Process

Hello everyone! I'm Gael Phillips. It is nice to meet you. I'm here to talk to you about criminal laws, court proceedings and legal repercussions. I feel that sharing this knowledge is important, as many people do not realize how the legal process works. My first, and only, scrape with the law left me shaken. I did not know what to expect throughout the entire case, so I felt unprepared for the outcome. I hope to share my knowledge with people who are in need of support throughout the legal process. I will also post stories full of information about past legal cases for an idea about how the law works. The legal process doesn't need to be scary and mysterious. Sharing stories can give others the insight they need about their situation. Thanks for visiting, come back often!

Latest Posts

Search Me: What To Know About The Legality Of Searches
18 June 2018

Everyone has basic rights under the law when it co

Did Your Construction Crew Make A Planning Mistake?
16 May 2018

High-quality construction and building requires th

How Road Rage Can Cause Accidents
12 April 2018

Road rage is a nasty business that no one should e

Be Part Of The Action: How You'd Benefit From Becoming A Court Reporter
15 March 2018

If you're looking for a job that provides stabilit

Helpful Advice For Feeling Regret After Your Bankruptcy
12 February 2018

It won't be easy when deciding to use bankruptcy t

Tags

Elements That Often Confuse People About The Jones Act And Oil Rigs

If you're an oil rig worker who was injured on the job on an offshore rig, you may be researching the Jones Act as a way to get compensation. The Jones Act allows a certain group of workers classified as seamen to receive benefits, maintenance, and cure after being injured. However, the act has enough requirements that it can quickly become a confusing mess if you're new to the details of the law. The following issues are ones that can often trip people up when they start looking into the Jones Act.

The Vehicle Has to Be American-Owned

Whatever you were on, it has to be U.S.-owned, the crew has to be U.S.-based, and so on. If you're working on a rig that was built by a company in another country, the Jones Act may not apply. How much work you'll have to do to prove the rig and crew were all American depends on your case and how good the oil rig firm was at keeping records, but a lawyer familiar with oil rig injury cases can help you.

The LHWCA May Apply Instead

The Jones Act covers a vessel's captain and crew who meet specific standards. Others who work around ships who don't meet those standards would apply for compensation under the Longshore and Harbor Workers' Compensation Act, a form of workers' compensation for people who work on docks and in other water-related locations.

Determining if you are covered by the Jones Act isn't as simple as it sounds. If you were working as a seaman on the rig and did officially count as a seaman -- that is a specific category -- then you qualify for the Jones Act. If you were there as part of a special visit, though, and you normally don't work on ships or rigs, then you might not qualify. Just being on a Jones Act–classified vessel is not enough to qualify you for the Jones Act. The situation becomes even more confusing if you normally don't work in a seaman capacity, but while you were on the rig, you were contracted to work full-time but for a short period of time only. In other words, check with a lawyer to straighten out exactly what your category is.

Maintenance and Cure Is for Seamen Only

Documents and websites that mention the Jones Act and the LHWCA also talk about maintenance and cure, which reimburses the injured person for specific costs. Many of these documents and sites treat maintenance and cure as a separate issue, but it is really part of the Jones Act. If you find you are not eligible for the Jones Act, then, maintenance and cure will not be available. However, the LHWCA covers quite a lot.

Unseaworthiness Alone Is Enough

If you do qualify for the Jones Act but think that you won't be able to prove that the accident was the result of someone else's negligence, look at unseaworthiness. All vessels covered by the Jones Act have to be seaworthy, meaning that they are adequate for safe shelter and work. So even if the vessel (or rig, in your case) was being used, it still might be classed as unseaworthy.

A lawyer who handles oil rig accidents and who is familiar with maritime oil rig accidents will be able to help you untangle all of these requirements. Once you know where you stand legally, you can proceed with your case to get compensation.