Fort Worth is hundreds of miles from the Gulf of Mexico, but many North Texas residents earn their living offshore. They fly or drive to Houston, Galveston, Port Arthur or Louisiana ports and work two week hitches on rigs, supply boats, barges and production platforms. When they are hurt, they come home to Tarrant County to recover.
The Daspit Law Firm represents injured seamen, offshore workers and dock workers who live in the Fort Worth area, along with families who lost a loved one at sea. Your consultation is free, and there is no fee unless we win.
Offshore work combines heavy equipment, rough weather and long shifts. Common causes of injury include:
• Crane and rigging failures during cargo or personnel transfers
• Falls from heights, ladders and gangways
• Slips on wet, oily or icy decks
• Pipe handling and drill floor accidents
• Fires, explosions and blowouts
• Crew boat and vessel collisions
• Exposure to toxic chemicals, fumes or hydrogen sulfide
• Fatigue from excessive hours and short crews
Some of the worst incidents in the industry are described in our article on major offshore drilling accidents. Explosions at land based plants raise similar issues, which we cover on our plant and refinery accident page.
Maritime injuries are usually governed by federal law, not regular Texas workers' compensation. Which law applies depends on your job and where you were hurt.
The Jones Act, 46 U.S.C. §30104, lets a seaman sue his or her employer for negligence. You generally qualify as a seaman if you contribute to a vessel's mission and spend a substantial part of your work time, often measured as about 30 percent, connected to a vessel or fleet in navigation. Courts have held that a seaman needs to show only that the employer's negligence played some part, even a small one, in causing the injury.
Under general maritime law, a vessel owner must provide a vessel that is reasonably fit for its purpose, including safe equipment and an adequate, trained crew. Seamen also have a right to maintenance and cure, which means daily living expenses and medical care until they reach maximum medical improvement, regardless of fault.
Longshore workers, ship repairers and many dock workers are covered by the Longshore and Harbor Workers' Compensation Act, which provides medical care and wage benefits. The Outer Continental Shelf Lands Act extends similar benefits to many workers on fixed platforms in federal waters. The U.S. Department of Labor's Longshore division administers these claims.
When a worker dies more than three nautical miles from shore, the Death on the High Seas Act may apply and generally limits recovery to financial losses. Families may also have claims under the Jones Act. Our Fort Worth wrongful death lawyers explain how these claims fit alongside Texas law.
Jones Act and general maritime claims generally must be filed within three years under 46 U.S.C. §30106. LHWCA claims are stricter: you generally must notify your employer within 30 days and file a claim within one year. Waiting can also let vessel logs, video and crew statements disappear.
• Report the injury to your supervisor or captain right away and make sure it is written in the log.
• Get medical care and keep copies of every record.
• Write down the names of crew members who saw what happened.
• Do not sign a statement or release before talking to a lawyer.
• Be cautious about a company doctor; you generally have the right to choose your own physician for cure.
• Keep proof of all maintenance and cure payments you receive.
Depending on your status and the law that applies, you may recover lost wages and future earning capacity, medical expenses, pain and suffering, and in some cases punitive damages for willful failure to pay maintenance and cure. Many offshore injuries are catastrophic injuries such as amputations, spinal damage and serious burns.
Workers in drilling and production also face risks on land rigs, covered on our page about Fort Worth oil field accidents and explosions.
Founding attorney John Daspit began his career as an insurance defense lawyer and has worked on major industrial litigation, including cases arising from the BP Texas City refinery explosion. He understands how maritime employers and their insurers defend claims, and how they try to cut off maintenance and cure.
We meet clients at home or in the hospital, answer calls 24/7, offer service in English and Spanish, and work on contingency.
If you were hurt offshore or on a vessel and now live in the Fort Worth area, call (888) 273-1045 or schedule a free consultation. No fee unless we win.
Yes. Jones Act and maritime claims are governed mainly by federal law and can be filed in state or federal court, so you do not need a lawyer located on the coast. Daspit Law Firm handles Gulf Coast maritime cases and can meet Fort Worth area clients at home or in the hospital.
You may be if your job contributes to a vessel's function or mission and you spend a substantial part of your work time, often around 30 percent, on a vessel or fleet in navigation. Deckhands, cooks, engineers and many crew members on drilling vessels and supply boats qualify. Fixed platform workers usually do not.
Maintenance and cure is a benefit owed to injured seamen regardless of fault. Maintenance is a daily payment for basic living costs such as rent and food. Cure covers medical treatment until you reach maximum medical improvement. Employers who wrongly refuse to pay may owe additional damages and attorney fees.
Generally three years from the date of the injury for Jones Act, unseaworthiness and other general maritime claims. LHWCA claims have shorter deadlines: notice to the employer within 30 days and a claim within one year in most cases. Speaking with a lawyer early protects your rights and evidence.
Federal law protects seamen from retaliation for reporting injuries and pursuing maintenance and cure in many situations, and the LHWCA bars discrimination against workers who claim benefits. If you believe you were fired or punished for reporting an injury, tell your lawyer, because that may create an additional claim.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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