Oil,Rig,Gas,Pipeline,Work,Rate law Oil Rig, Gas Pipeline Work Rated the Worst Job in America

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A recent story in Forbes magazinerated oil rig and gas pipeline workers as having the worst job in America for2010. The survey, conducted by CareerCast, considered five criteria beforeawarding the distinction to rig and pipeline roustabouts: the pay, workenvironment, stress, physical demands and hiring outlook.Perhaps what makes oil rig and gaspipeline work truly difficult is the danger the workers face as a matter ofcourse, day in and day out. These workers can put in 12 or more hours each day,operating or fixing heavy machinery, negotiating slippery surfaces and workingon multiple platforms. Many of the workers are young and inexperienced, and notevery employer takes the necessary time to properly train them. Moreover, theconstant demand for oil and gas makes for a high-pressure work environment inwhich worker safety is not always the predominant concern.When all of these factors are takentogether, it is no surprise that oil rig and gas pipeline workers have highinjury and fatality rates. Some of the most common types of accidents in thisline of work include:Slips and fallsMachinery accidents, from malfunctions and human errorExplosions and firesInjury or death caused by falling objectsExposure to hazardous chemicalsThese accidents can cause a host ofinjuries, including brokenbones, skull fractures, braininjuries, amputations, burnsand even death.Legal Options Following an OilRig/Gas Pipeline InjuryWorkers who are injured whileworking on an oil rig or gas pipeline may be able to recover compensation fortheir injuries from their employers under state or federal law, depending onthe circumstances. Some of the legal claims that may be available include:Jones Act Claim The Jones Act allows seamen who areinjured during the course of employment to recover compensation for their injuriesfrom their employers. It also gives family members the right to bring awrongful death claim against the employer when a seaman dies as a result ofwork on the vessel.A "seaman" is definedbroadly under the Act to include anyone whose work furthers the mission of avessel in navigable waters. Workers on floating oil rigs and jack-ups meet thedefinition of seamen under the Jones Act. "Employer" generally refersto the ship's owner, who also may be held liable for the negligent acts of anofficer, agent or other employee of the ship.In order for an employer to beliable under the Jones Act, the employer's negligence must be the legal causeof the seaman's injury or death. Employers owe a duty to seamen to exercisereasonable care to prevent injury while they are working on the vessel. Thisincludes taking reasonable steps to prevent foreseeable injury and providingemployees with a safe working environment and equipment.Seamen who have been injured by anegligent act of their employer are entitled to recovery under the Jones Actregardless of whether the injury occurred on or off the vessel, so long as theinjury occurred within the scope of the seaman's job duties.Longshore and Harbor WorkersCompensation Act (LHWCA)The LHWCA permits those who havebeen injured while working on or in connection with a vessel on a navigableU.S. waterway to recover compensation for their injuries from their employers.The Act generally is applicable to those who are engaged in maritimeemployment, including longshoremen, harbor workers, shipbuilders, shiprepairers and ship breakers. "Navigable waterway" has beeninterpreted to also include adjoining areas, like piers, wharves and docks,routinely used in loading, unloading, repairing or building a vessel. Thus,workers who have been injured while employed to fix heavy machinery on afloating oil rig may qualify under the LHWCA.The LHWCA was meant to providecoverage for those workers who would be excluded from the definition of seamenunder the Jones Act. Unlike the Jones Act, the LHWCA is a workers' compensationprogram, which means that a worker does not have to prove the employer'snegligence caused the worker’sinjury.Under the LHWCA, injured workers areentitled to payment of all reasonable and related medical expenses. They alsoare entitled to compensation for lost wages during the period they are unableto return to work. Generally, wages will be paid at a rate of 66.66% of theworker's average weekly wage, subject to a federally imposed minimum andmaximum weekly rate cap. Eligible injured workers also may be entitled topermanent impairment payment and vocational rehabilitation benefits.Survivor benefits in case of deathare paid to the spouse or other eligible surviving family members at a rate of50% of the worker's average weekly wage, until death or remarriage. If thedeceased worker is survived by children, the survivor benefits are increased byan additional 16.66%.Outer Continental Shelf Lands Act(OCSLA)Those who have been injured whileworking on a fixed oil rig or offshore gas pipeline may be entitled to reliefunder the Outer Continental Shelf Lands Act. The OCSLA provides compensationfor those who have been injured or lost their lives while working on"operations conducted on the outer continental shelf (OCS) for the purposeof exploring for, developing, removing or transporting by pipeline the naturalresources, or involving rights to the natural resources, of the subsoil andseabed of the OCS."The OCS is made up of any submergedlands that exist beyond state territorial waters but still within U.S.territorial waters, which generally is three miles out from the shore.Additionally, this includes any structures affixed to the OCS, like oildrilling platforms.Workers who qualify under the OCSLAand are injured during the scope of their employment are entitled to the samecompensation that is available under the LHWCA, including medical benefits,wage replacement and survivor benefits.Contact an Attorney TodayGas pipeline workers who areemployed at an onshore location also are entitled to recover for their injuriesunder state law. Generally, this will mean filing a workers' compensation claimfor payment of their medical expenses and lost wages. If workers' comp benefitsare not available, the injured worker may be able to file a negligence claimagainst the responsible party, whether it is the employer or a third party.Some employers in this dangerousline of work may be less than forthcoming about their legal obligations toinjured employees. Do not accept your employer's word as the law. For moreinformation on your legal rights following an oil rig or gas pipeline accidentor injury, contact an experienced Houston personal injury lawyer.