Because the aftermath of the massive BP oil spill that affected the Gulf Coast years ago, this blog continues to cover the issues this event continues to present. There have been many ups and downs for plaintiffs seeking to recover for loss due to the spill. No settlement payments were made from October 2013 to May 2014, while the oil giant sought to challenge the settlement in court. Recently, a pair of businesses was denied a timely payment of their settlement by the Circuit Court of Appeals.
Both plaintiffs are a part of the 2012 BP oil settlement. Rocon Inc. and Benny Whitehead Inc. have still not received any settlement payments since the ban was lifted earlier this year. The two companies have requested immediate payment by citing the Federal Arbitration Act that allows private disputes to be settled outside of court. The U.S. 5th Circuit Court dismissed the claim. The plaintiffs must now continue to wait for payment.
The BP oil spill and its continued coverage is an opportunity to highlight the doctrine of maintenance and cure. This legal concept allows seamen injured in offshore accidents to receive free medical care and basic living expenses while recovering from on the job injuries. However, it can sometimes be difficult for workers to get the compensation that he or she is owed by law.
Seeking guidance and understanding legal rights and remedies could aid these workers in their quest to receive full compensation while recovering from their injuries. Through the Jones Act, Louisiana workers can seek compensation for medical expenses, lost wages and retraining when necessary. Workers should not have to suffer due to the negligence of their employers and should take action to protect their rights and interests..
Source: www.nola.com, “Business efforts to speed up oil spill claims payments stall in appeals court,” Jennifer Larino, August 26, 2014