Somebody ought to remind BP’s CEO, Tony Hayward, of that. On May 5, 16 days after the huge blast in the Gulf of Mexico on April 20 that sank BP’s offshore oil rig, Deepwater Horizon, Hayward had this to say to The Times of London about lawsuits he expected victims to file: “This is America. Many of the claims will be illegitimate.”
We’ve been free of British rule since we declared independence in 1776 and fought a war against England to make it stick. Our constitution says victims of the massive oil spill that threatens to foul the Gulf of Mexico for 20 years have legal rights. There’s nothing “illegitimate” about suing BP.
Rig workers and their families, fishermen, business owners, those with physical injuries and the families of the dead, deserve compensation. A quick look at BP’s safety record justifies filing suit. In 2005, BP’s Texas City Refinery exploded, killing 15 workers and injuring at least 170, according to a CBS News investigative report on 60 Minutes. Court records showed that BP was skimping on safety measures then although it made a $19 billion profit the year before. The Deepwater Horizon explosion killed 11 and injured scores of others. Evidence surfacing now raises serious questions about the company’s safety record on the rig.
While government investigators and the companies involved — Transocean Ltd., which owned the rig, BP, which leased and operated the rig, and Halliburton, Inc. which tried sealing the well just before the explosion — attempt to grasp what caused it, one thing is certain: Victims deserve justice after what some are calling the worst oil rig disaster in American history. America’s courts are the place to get it.
The April 20, 2010 oil rig explosion in the Gulf of Mexico, 50 miles south of New Orleans, is being called the worst off-shore oil platform disaster in history. Flames from the rig could be seen 70 miles away. Of the 126 souls aboard the platform when disaster struck, 11 are still missing. Working on off-shore rigs is often called the most dangerous job in America, even more dangerous than coal mining. Any number of things can go wrong on a floating platform like Transocean Corporation’s MODU Deepwater Horizon, leaving workers scant time to escape a catastrophic explosion and fire. Protection for workers often comes after the fact, once some are killed or injured.
But a tough federal law backs their claims for compensation. It’s known as the Jones Act. It was passed in 1920. This maritime law covers workers on the rig, on boats and helicopters transporting them to and from rigs and on the ground in cars headed for ports or airports to catch rides to the rig. The explosion and fire on the Deepwater Horizon is a national tragedy. While no immediate comfort is available for families who lost loved ones in the disaster or who are dealing with critical injuries, it is important to know that tough federal law will back their claims for just compensation. While that statute is complex, requiring an attorney experienced in maritime law, its provisions account for the danger involved in the work.
Offshore oil workers face injury from explosions, toxic gases, drowning, and risks associated with diving, deafness, burns, fires, helicopter accidents, hurricanes, icebergs – and while rare, earthquakes and tsunamis.The Jones Act, a major maritime law, protects them from an employer’s negligence in these situations. It also protects seamen and those who work on cruise ships and commercial vessels of all types, including river boats and tug boats, fishermen and fish processors, among others. Important amendments were added to this 1920’s federal law in 2006. Chances of recovery under the Jones Act are enhanced since the injured worker only has to show that “employer negligence played any part, even in the slightest, in producing the injury…..” Offshore oil workers may even recover damages if they are hurt in vehicular accidents traveling from one company location to another. Scientists on oceanographic research vessels are now included on the list of those covered by The Jones Act. Benefits under The Jones Act include weekly checks and medical care. But Jones Act cases can be complex. Injured workers should never communicate or negotiate with an employer before contacting a lawyer.