Beyond Your Employer: Identifying All Responsible Parties
After an offshore or maritime injury, your employer may not be the only party at fault. This in-depth guide explains how “third-party” claims can open up crucial avenues for additional and more complete compensation.
What Is a Third-Party Claim in a Maritime Case?
In the context of a workplace injury, a “third-party claim” is a lawsuit brought against a negligent person or company who is not your direct employer or a co-worker. While federal laws like the Jones Act and the LHWCA define your rights regarding your employer, they do not shield other negligent parties from liability.
Think of an offshore platform or a busy port: it’s a worksite shared by numerous independent entities. There could be the platform owner, multiple drilling contractors, vessel operators, and equipment manufacturers all present. If an employee from one of these “third parties” acts negligently and causes your injury, you have the right to file a personal injury lawsuit against that company, separate from any claim you have against your own employer.
Our New Orleans maritime attorneys have a long track record of meticulously investigating these complex worksites to identify every potential source of recovery for our clients.
Why Third-Party Claims are a Lifeline for LHWCA Workers
For longshoremen, harbor workers, shipbuilders, and offshore workers on fixed platforms covered by the LHWCA, a third-party claim is often the most critical path to a full financial recovery.
The LHWCA is a no-fault workers’ compensation system. It provides vital benefits for medical care and a portion of lost wages (disability benefits). However, it has significant limitations:
A successful third-party lawsuit, on the other hand, allows you to recover the full spectrum of damages, including these crucial non-economic losses. For a worker who has suffered a life-altering injury, the compensation from a third-party claim can be exponentially greater than LHWCA benefits alone, providing the resources needed for true long-term stability.
Can a Jones Act Seaman Also File a Third-Party Claim?
Yes. While the Jones Act allows seamen to sue their employers directly for negligence, they can also be injured by the negligence of a third party.
Common Scenario: A seaman working on a supply vessel is injured when a crane operator, employed by a separate platform company, negligently drops a load of cargo.
Pursuing both claims simultaneously is a complex legal strategy that requires deep experience in maritime law. Our attorneys, with their leadership experience in multi-party disaster litigation like Deepwater Horizon, are adept at coordinating these parallel actions to maximize a client’s total recovery.
Who Can Be a Third Party in a Maritime or Offshore Accident?
Identifying all potential third parties requires a meticulous investigation. Potential third parties can include:
A Comparison of Available Compensation
Understanding what you can recover is key. Here’s a comparison between standard LHWCA benefits and the damages available in a third-party lawsuit:
|
Compensation Type |
LHWCA Benefits |
Third-Party Lawsuit |
|---|---|---|
|
Medical Expenses |
✔ Yes (All reasonable & necessary) |
✔ Yes (All related expenses) |
|
Lost Wages |
✔ Yes (Partial, based on AWW) |
✔ Yes (Full past & future lost wages) |
|
Loss of Earning Capacity |
Limited |
✔ Yes (Full value) |
|
Pain & Suffering |
✖ No |
✔ Yes (Often the largest component) |
|
Mental Anguish |
✖ No |
✔ Yes |
|
Loss of Enjoyment of Life |
✖ No |
✔ Yes |
As the table shows, a third-party claim is essential for recovering the full human cost of a life-altering offshore accident.
Our Approach: Meticulous Investigation and Formidable Advocacy
Successfully pursuing a third-party claim requires immediate and thorough investigation. At LKSA Law Firm, our process includes:
- Immediate Evidence Preservation: We move quickly to secure logbooks, safety records, contracts, and physical evidence before it can be lost or altered.
- Witness Interviews: We identify and interview all crew members, personnel, and managers from all involved companies.
- Contractual Analysis: We meticulously review the contracts between all parties on the worksite to establish duties and responsibilities.
- Expert Consultation: We work with a network of leading maritime, engineering, and safety professionals to analyze the cause of the accident and establish fault.
- Aggressive Litigation: Our attorneys are accomplished trial lawyers, recognized as Fellows in the American College of Trial Lawyers. We are fully prepared to take your case to court to fight for the justice you deserve.
Ready to Explore All Avenues for Compensation?
Don’t assume your employer’s benefits are your only option. An experienced maritime attorney can uncover all potential sources of recovery after a serious injury. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Let us put our experience in complex, multi-party litigation to work for you.
