Galveston Maritime Injury Lawyer

Representing Injured Maritime and Offshore Workers in Galveston

Work on the water is some of the most dangerous work in Texas, and the laws that protect maritime workers are different from ordinary injury law. If you were hurt on a vessel, an offshore platform, a dock, or in a shipyard, a Galveston maritime injury lawyer at The Daspit Law Firm can help you understand which laws apply and pursue the benefits and damages you are owed.

Call (281) 748-2044 for a free consultation, 24 hours a day. We handle maritime cases on a contingency fee, so there is no attorney fee unless we recover money for you. We can meet you at home or in the hospital, and we serve clients in English and Spanish.

Maritime Work Around Galveston

Galveston has been a working port for well over a century. Today the Port of Galveston handles cargo and some of the busiest cruise terminals in the country. Pelican Island hosts marine businesses and ship repair work. Tugs, barges, and tankers move constantly through Bolivar Roads and toward the Houston Ship Channel, and supply boats and crew vessels serve oil and gas operations in the Gulf of Mexico.

Workers We Represent

•      Deckhands, captains, engineers, and crew on tugs, barges, and supply vessels

•      Workers on drilling rigs, production platforms, and lift boats

•      Longshore workers, crane operators, and dock workers

•      Shipyard and ship repair workers

•      Cruise ship crew members

•      Commercial fishing and shrimping crew

Common Causes of Maritime Injuries

•      Slips and falls on wet or oily decks

•      Crane, winch, and rigging failures

•      Mooring line and cable snap-back

•      Fires, explosions, and well blowouts

•      Falls overboard and man-overboard incidents

•      Toxic chemical or asbestos exposure

•      Short staffing, fatigue, and poor training

Offshore explosions and fires are a well-documented risk, as covered in our article on major offshore drilling accidents. For land-based drilling, see our oil field accident and explosion page.

The Laws That Protect Maritime Workers

The Jones Act

The Jones Act (46 U.S.C. §30104) lets a seaman sue their employer for negligence. In general, you qualify as a seaman if you contribute to a vessel's work and have a substantial connection to a vessel or fleet in navigation. Courts often look at whether you spend about 30% or more of your work time on the vessel. Jones Act seamen are not covered by state workers' comp.

Maintenance and Cure

Under general maritime law, an employer must pay an injured seaman maintenance (a daily amount for basic living costs) and cure (medical care) until the seaman reaches maximum medical improvement. This applies regardless of fault. Employers sometimes pay too little or stop too early, and an unreasonable refusal can lead to added damages.

Unseaworthiness

Vessel owners must provide a vessel that is reasonably fit for its purpose, including safe equipment and an adequate, trained crew. If an unseaworthy condition caused your injury, the owner can be liable even without proof of negligence.

Longshore and Harbor Workers' Compensation Act

Longshore workers, shipyard workers, and many dock workers are covered by the LHWCA, a federal benefits program run by the U.S. Department of Labor. It pays medical care and disability benefits. In most cases you must give your employer notice within 30 days and file a claim within one year. Details are on the Department of Labor LHWCA page. You may also have a separate claim against a negligent vessel owner.

Offshore Platforms and Deaths at Sea

Workers on fixed platforms on the Outer Continental Shelf are often covered through the Outer Continental Shelf Lands Act, which extends LHWCA benefits. When a worker dies more than three nautical miles from shore, the Death on the High Seas Act may control what the family can recover.

Filing Deadlines

Most Jones Act and general maritime claims must be filed within three years of the injury. LHWCA deadlines are shorter. Because the right law depends on your job and where you were hurt, an early review is important.

Injuries and Compensation

Maritime accidents often cause back and spinal injuries, crush injuries, amputations, burns, brain injuries, and drowning. Long-term exposure can lead to disease, including mesothelioma, covered on our asbestos and mesothelioma page. Depending on the claim, recovery may include lost wages, loss of future earning capacity, medical care, pain and suffering, and maintenance and cure. Families of workers killed on the job may have a Galveston wrongful death claim.

Not every water-related injury is a work case. Passengers and recreational boaters should see our Galveston boat accident page.

What to Do After a Maritime Injury

•      Report the injury to your captain or supervisor right away and ask that it be documented

•      Get medical care and keep copies of every record

•      You generally have the right to choose your own doctor; you do not have to use only the company doctor

•      Write down names of crew members who saw what happened

•      Be careful with recorded statements and company forms; do not sign a release without legal advice

Why Workers Choose The Daspit Law Firm

Founding attorney John Daspit spent years at Fulbright & Jaworski (now Norton Rose Fulbright) and practiced as an insurance defense lawyer before representing injured people. He also worked on litigation arising from the 2005 BP Texas City refinery explosion, which killed 15 workers and injured many more. That background in complex industrial cases informs our plant and refinery accident and maritime work today.

We know how energy and marine companies defend these cases. We move quickly to secure logs, maintenance records, and witness statements before crews rotate out, and we prepare every case for trial.

Talk to a Galveston Jones Act and Offshore Injury Attorney

If you or someone you love was hurt at sea, offshore, or on the docks, call (281) 748-2044 or contact us online for a free case review. There is no fee unless we win. This page is general information, not legal advice.

Frequently Asked Questions

Am I a seaman under the Jones Act?

You may be if your job contributes to a vessel's mission and you have a substantial connection to a vessel or fleet in navigation. Deckhands, tug crews, and many supply boat workers usually qualify. Courts often use a guideline of about 30% of work time spent aboard. Status depends on the facts, so it is worth a review.

What is maintenance and cure?

Maintenance is a daily payment for basic living expenses, and cure is medical care. Employers owe both to seamen injured or taken ill in service of the vessel, regardless of who was at fault. Payments continue until you reach maximum medical improvement. If your employer refuses or underpays, a lawyer can press for what is owed.

How long do I have to file a maritime injury claim?

Most Jones Act and general maritime claims have a three-year deadline from the date of injury. LHWCA claims are different: notice to the employer is generally due within 30 days and the claim within one year. Missing a deadline can end your case, so speak with a lawyer early.

Can I be fired for filing a Jones Act claim?

Federal maritime law generally protects seamen from being fired in retaliation for seeking maintenance and cure or filing an injury claim. If you believe you were punished for reporting an injury, tell your lawyer. Retaliation can create an additional claim against the employer.

Do I have to see the company doctor?

In most cases, no. Injured seamen generally have the right to choose their own treating doctor, and LHWCA workers can usually choose an initial treating physician. Company doctors may be focused on getting you back to work quickly. Keep copies of all medical records either way.