We were fortunate to be able to get our client a fair settlement despite multiple challenges in his case. Below are the limited details we are able to reveal about this particular settlement.
OIM Injured Overseas Gets Compensation
We secured a seven-figure confidential settlement for an OIM injured while working overseas for a well-known drilling company. Due to the nature of the claim and the payment amount, the defendant insisted all facts and details be kept confidential. Though we can’t share many details about this case, there are some general issues that are relevant to all cases like these.
Jurisdiction Issues
Anytime you get injured overseas, you run into issues of jurisdiction. The location of the injury doesn’t necessarily determine whether or not the claim can be filed in the United States, rather it is the status of your employer when you were injured. If the company that hired you is a U.S. company, then you’re more likely to be able to file a claim in the United States. Even if the company is a foreign company, there are certain circumstances that would allow the injured worker to file here. Now you may be wondering why it matters where a suit is filed. Different countries will have different laws governing injuries and compensation and you wouldn’t be able to collect compensation under the Jones Act or U.S. maritime law if your case is filed in another country, regardless if you are actually a U.S. citizen.
How Working Overseas Can Impact Your Lost Wages in Your Case
Another potential issue with overseas injury cases is that the lost wages portion of the claim can be impacted by
The tax benefits from living overseas.
The low cost of living.
And other fringe benefits.
Sometimes the company will argue that the settlement is decreased based on the lower cost of living in another country. This can reduce how much a case settles for. All in all, if you’ve been injured overseas and are considering a claim, it’s best to talk to an experienced maritime attorney who has handled similar cases.
