Injured Louisiana Oil Worker Ruled Eligible for Longshore Harbor Benefits
An appeals court has ruled that a Louisiana oil worker who suffered injuries while working on an oil production platform is eligible for maritime employee benefits, although his work largely consisted of non-marine activities.
Terry Hudson was working on an oil production platform along the coast of Louisiana, when a salt water pump explosion left him with serious injuries. Hudson applied for compensation under the Longshore and Harbor Workers Compensation Act (LHWCA), but his claim was rejected. Coastal Production Services Inc., Forest Oil Production and the insurer ACE American Insurance Company, rejected the claim on the grounds that the injuries occurred on a platform, which is normally used for oil separation and storage purposes. The platform is also used as living quarters for company employees. According to the grounds for rejection, the platform was not used as a site for maritime activities. The closest maritime activity to the platform was the loading of oil cargo which took place on a nearby barge. Loading and unloading of the cargo are just one of the duties that maritime workers who are eligible for benefits under LHWCA are engaged in.
Hudson appealed, and now his stand has been vindicated by a review panel, as well as the 5th U.S. Circuit Court of Appeals. The judgment decided that even if the exact spot where the injury occurred is not meant for cargo loading activities, the maritime worker is still eligible for compensation benefits if that spot is somehow involved with the loading of products. Here, the platform where the accident occurred is used for storage of oil that would later be loaded onto ships.
Workers who fall under the Longshore and Harbor Workers' Compensation Act are eligible for certain compensation benefits even though they are, technically, not seamen. The Jones Act benefits are only available to seamen as defined by the act, and the LHWCA was passed to protect workers who are not seamen, but still perform important activities like loading and unloading cargo or building and performing repairs on vessels, terminals and platforms. These benefits include payments for medical expenses, rehabilitation and compensation for any occupational disease that may arise in the course of maritime employment.
Maritime Injury Claims
People who have been injured in an accident on board a tanker, oil rig or other vessel may be eligible for benefits and should seek the counsel of an experienced maritime lawyer.
If you have been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.
