Billions Won by Maritime Accident Lawyers in Alabama
Offshore work has a long and proud history in Alabama. From oil rigs to fishing, Alabamians have long ventured out over open water, significantly increasing the state’s economy. In fact, in the City of Bayou LaBatre in Mobile County, commercial fishing netted $62 million in landed catch in 2020, making it the 12th most highly valued port for landed catch in the entire nation.
Every day, hardworking Alabamians face the dangers of working on the water to make an honest living—and the hazards they face are very real. At Arnold & Itkin, our Alabama maritime lawyers help workers hold their employers accountable for negligence.
When people are injured offshore, they deserve protection for their family and their future. In most cases, that means providing for their medical care, replacing their lost wages, and ensuring they have enough to care for themselves if they cannot work. We help clients throughout the state of Alabama, including Mobile, Montgomery, Birmingham, Andalusia, Red Level, and more.
Speak with our Alabama offshore injury attorneys today. Call (888) 493-1629 or use our short online form to reach us.
Exposing Negligence & Wrongdoing by Maritime Employers
Maritime employers often cut corners to save on costs, neglecting essential maintenance and allowing vessels and equipment to deteriorate, significantly increasing the risk of accidents at sea. This lack of maintenance is a prevalent cause of injuries among Alabama offshore workers.
Maritime law provides crucial protections for these workers, offering avenues for compensation for medical expenses and other hardships resulting from workplace injuries. Despite these protections, it is employers' fundamental responsibility to ensure their employees' safety on oil rigs and vessels.
Failure to maintain safe working conditions can lead to various hazardous incidents. Common types of offshore accidents include, but are not limited to, the following:
Diving Accidents: These can occur due to faulty equipment or poor supervision.
Crane Failures: Cranes in disrepair can collapse or malfunction, causing severe injuries or fatalities.
Vessel Collisions: Negligence in navigation can lead to collisions with other ships or stationary objects.
Falls: Slippery decks, unsecured ladders, and other hazards can cause falls, leading to serious injuries.
Dangerous Equipment: Unmaintained or improperly handled machinery can fail and cause accidents.
Explosions: Ignition of flammable gases or liquids is especially dangerous in confined spaces.
Lift Accidents: Malfunctioning lift systems can drop suddenly, harming those inside or nearby.
When employers fail to uphold their duty of care, their negligence is directly responsible for any ensuing harm. It is imperative that such negligence is exposed and responsible parties are held accountable to prevent future incidents. At Arnold & Itkin, we are committed to advocating for the rights of maritime workers by pursuing justice against negligent employers, ensuring they face the consequences of their actions, and securing a safer workplace for all employees.
What Maritime Laws Protect Offshore Workers in Alabama?
To address some of traditional maritime law's gaps and shortcomings, Congress has passed four major statutes in US history. These four statutes govern trade and workers’ rights on America’s waterways, between U.S. ports, and more.
In the U.S., including in Alabama, key maritime laws include:
The Jones Act, part of The Merchant Marine Act of 1920, was created to govern and support American sea trade. Since offshore work is often more dangerous than most industries, the Jones Act makes special provisions for the sake of maritime workers. One of its most essential stipulations is that vessel owners are responsible for their vessels' state and crew's safety.
Most importantly, the Jones Act allows workers to file claims when injured due to employer negligence or unseaworthiness. This part of the law was created to offer relief to injured offshore workers and ensure they receive appropriate compensation for their losses. For workers who suffer serious injuries, Jones Act claims may be their only chance for a financially stable future.
For offshore workers, the Jones Act works like workers’ compensation for land workers in that it provides relief when an employee is injured. There are two crucial differences, however:
First, Jones Act claims tend to be worth more. Workers’ compensation covers only basic medical care and a portion of missing wages, but Jones Act claims cover far more.
Second, Jones Act claims require claimants to prove negligence on the part of the employer. Workers’ compensation does not require anyone to be found at fault.
The higher awards offered by the Jones Act also demand a higher burden of proof, which is why injured crews need Alabama Jones Act lawyers.
Under the Jones Act, you have a right to:
A reasonably safe work environment
Make a legal claim if injured as a result of negligence
Maintenance and cure related to the injury or illness
Additional compensation if the vessel or crew is deemed unseaworthy
Punitive damages, if an employer refuses to pay maintenance and cure
The Longshore & Harbor Workers' Compensation Act
The offshore industry relies on longshoremen and harbor workers who use heavy equipment and complex machinery to keep our ports functioning. Because harbor work is often physical and filled with hazards, injuries in the industry are not uncommon. Often, workers suffer serious injuries after being exposed to harmful chemicals or because of equipment failure. In other instances, employers don’t provide the right tools, causing them to attempt work they should never handle unassisted.
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that compensates workers injured in areas used for loading, unloading, building, and repairing vessels. Importantly, this law protects workers who are land-based as well as those who are on navigable waters within the United States.
Before the LHWCA, workers were subject to maritime laws that didn’t adequately compensate them for accidents caused by others' negligence. With the LHWCA, workers can secure compensation for all aspects of their injuries to reach full recovery. The LHWCA can help injured harbor workers and those in shipyards, offsite buildings, and repair areas. The LHWCA covers longshore workers and operators, harbor workers, shipbuilders, ship repairmen, ship breakers, and more.
Representing Victims of Boat Accidents in Alabama
The waters of Alabama’s Gulf Coast are used by thousands of people who operate boats commercially or recreationally. Alabama’s various lakes and rivers—such as Lake Martin, Guntersville Lake, Lay Lake, and many others—are popular with tourists and residents alike. Unfortunately, they can also be the scene of catastrophic boating accidents.
When a boating accident occurs, it is nearly always a result of negligence and could have been prevented with the proper safety practices. The Alabama boat accident attorneys at Arnold & Itkin are ready to help those involved in both recreational and commercial watercraft accidents, including vessel collisions, capsizing, and any other type of incident. We have won verdicts and settlements worth billions.
How Common Are Boating Accidents in Alabama?
In Alabama, boating accidents are, sadly, much too common. According to data from the U.S. Coast Guard, in 2023 there were 57 boating accidents in the state, roughly half of which occurred in coastal areas. Of the 57 total boat accidents, 27 occurred in either Mobile or Baldwin County, and many bodies of water saw multiple incidents. The Gulf Intercoastal Waterway, Lake Martin, and the Tensaw River had the greatest number of incidents (4), followed closely by Bayou St. John, Guntersville Lake, and Smith Lake (3). Wilson Lake, Weiss Lake, Pickwick Lake, the Mississippi Sound, Lake Mitchell, and Arnica Bay also had multiple boating accidents that year.
Sadly, boating accidents often have tragic consequences. Of the 57 incidents in 2023, 11 were fatal. In total, 12 people died and another 32 were injured in boating accidents in Alabama in 2023—and these numbers are not unusual. Every year, dozens of people are injured or killed in recreational boating accidents throughout the state, and many others are harmed while working in dangerous offshore and maritime settings. Sadder still, these injuries and deaths are nearly always avoidable. They occur because someone is careless or because an employer violates safety regulations, needlessly putting others at risk.
The Leading Causes of Alabama Vessel Accidents
Most boating accidents, whether recreational or commercial, can be attributed to negligence. Negligence can take many forms, but at its core, it’s a failure to use the same level of care that a reasonable person would use in the same or similar circumstances.
Some examples of this include:
Boating While Intoxicated: The combination of alcohol and boating is lethal, yet it remains a widespread issue. In fact, roughly half of all boating accidents nationwide are believed to involve either alcohol or drugs.
Inexperience: While Alabama requires boat operators to take a written test before being able to operate a boat, you can be as young as 12 and operate a boat. Many boaters are simply inexperienced, which can have tragic consequences.
Weather: Just as with a car on the road, the weather can quickly change safety conditions on the water. Storms, rough waters, and choppy conditions can make boating difficult even for experienced operators.
Navigational Errors: Boaters must understand the “rules of the water,” key navigational guidelines that dictate vessel operation to help prevent collisions and other accidents. Errors or misjudgments can be deadly.
Excessive Speeds: Just like speeding in a car, speeding on a boat is incredibly dangerous. Even experienced boat operators can easily lose control of their vessels, leading to collisions, capsizing, and other serious accidents.
Machinery or Equipment Failure: Defective boating machinery and equipment, including safety equipment like life jackets, can have deadly consequences on the water. In many cases, manufacturers are liable when something goes wrong.
Due to the wide open spaces on Alabama waters, it’s easy to feel safe in your boat. This false sense of security leads drivers to misunderstand their boat’s distance from other vessels. As boats are hard to stop, operators can fail to give an adequate amount of stopping distance as they approach other objects. While a lake may feel large and serene, it’s important to remember that this does not mean all is safe.
Our Alabama Offshore Injury Attorneys Fight for Results. No Matter What.
Lasting physical pain, mental trauma, and financial insecurity are things that no one should have to face, especially in the aftermath of a devastating maritime or offshore accident. Unfortunately, that’s precisely what injured workers and boaters are facing when they suffer an accident on the water. The good news? You don’t have to face these challenges alone.
The Alabama maritime lawyers at Arnold & Itkin are dedicated to fighting for those who have been unfairly injured. Our lawyers have a long history of securing results for maritime workers. We fought for over one-third of the crew of the Deepwater Horizon. Our team represented four families who lost their husbands in the sinking of the El Faro. We have what it takes to go up against major employers, manufacturers, and insurance companies—and we never back down.
In total, our firm has recovered more than $20 billion in compensation for our clients. Our attorneys are nationally recognized as leaders in this area of law, having been named by prestigious legal organizations such as the Inner Circle of Advocates, Super Lawyers®, and Best Lawyers®’ list of Best Law Firms. We are known for our willingness to take on powerful adversaries, and for fighting tirelessly for the justice our clients deserve.
If you've suffered during an offshore accident, our Alabama maritime law firm is ready to fight for your recovery! Call (888) 493-1629 today for a free consultation.
As a seaman, you have the right to a reasonably safe workplace, just like any worker. Maritime work is inherently dangerous, but this does not excuse overlooked safety standards, defective equipment, or acts of negligence that jeopardize your well-being. If you're injured at sea, you have the right to seek financial compensation for your medical treatment, lost earnings, and more. Because there are different maritime laws that apply to various types of workers and offshore injuries, we recommend discussing your case with an Alabama maritime lawyer as soon as possible. You can get the information you need to make the right choices.
What Workers Are Protected by Maritime Law?
Virtually any maritime or offshore worker will be protected by some type of maritime law. Whether it is the Jones Act, the Death on the High Seas Act, or the LHWCA, injured workers have the right to seek compensation if they're injured at sea or on shore. Because these cases are complex and most fall under federal jurisdiction, it is crucial to involve a firm that has extensive experience in maritime law.
Is the LHWCA the Same as the Jones Act?
No. While they have similar goals for the workers that they cover, the Jones Act and the Longshoremen and Harbor Workers’ Compensation Acts are not the same. They cover different sets of workers. The Jones Act covers maritime workers who contribute to the function or mission of a vessel. The LHWCA covers workers who do not directly aid the mission of a vessel but still work on or with them. It’s an important law that helps fill in the gaps of the Jones Act for harbor workers and other offshore professionals. Workers not covered by the LHWCA include seamen, intoxicated employees, workers covered under workers’ compensation, and government employees.
How Much Does Hiring an Alabama Maritime Attorney Cost?
Hiring an Alabama maritime injury lawyer from Arnold & Itkin costs nothing up front. We work on something called a contingency fee. This means we cover all costs associated with a case and only collect a payment if we secure results. Working this way makes services our record-setting law firm attainable for anyone.
What Do You Do to Prove Fault in a Boat Accident?
Proving fault in a boat accident will require an investigation into what caused the collision. Most of the time, this is a boat operator who is inexperienced, negligent, or under the influence of alcohol and/or drugs. In other cases, boat and other watercraft accidents are caused by defective products, such as faulty boat engines or other parts and systems. Extreme weather can also cause serious accidents. By reviewing the physical evidence, talking to witnesses, and working with accident reconstruction specialists to put it all together, our Alabama boat accident lawyers can determine what caused your collision and therefore who should be held responsible for your medical care and other losses you’ve experienced. A successful case will give you the invaluable opportunity to rebuild.
What Compensation Am I Entitled to After a Boating Accident in Alabama?
A person who has been injured in a boating accident in Alabama may be entitled to economic and non-economic damages. This financial compensation is meant to help a victim of negligence or wrongdoing rebuild their lives to as similar a situation as they were in before the accident. The following economic damages may be available in a boat accident claim: medical treatment; ongoing medical care; physical therapy; medication and medical supplies; travel expenses to and from appointments; lost earnings; loss of future/potential earnings; property damage. Non-economic damages may include mental anguish, pain and suffering, and more. Every case is different, so it is important to discuss yours with a qualified attorney. During your free consultation, we can talk to you about what your case might be worth and how to secure the compensation you need.
