Maritime & Offshore Injuries

Maritime Injury Attorney

Working on the water comes with risks that ordinary workplace injury laws were never built to handle. Whether you were hurt on an offshore drilling rig in the Gulf of Mexico, aboard a cargo ship, on a tugboat or barge, or while working the docks at the Port of Houston, your case falls under a separate body of law known as maritime law, with its own rules, deadlines, and standards of proof.

Insurance adjusters and maritime employers know this, and they often move fast to limit what they owe an injured worker or grieving family before anyone has reviewed the claim.

The Daspit Law Firm's maritime injury attorneys represent seamen, dockworkers, offshore rig crews, commercial divers, and their families in claims under the Jones Act, the Longshore and Harbor Workers' Compensation Act, the Death on the High Seas Act, and maintenance and cure claims.

We know which law applies to your job and your injury, what it takes to prove it, and how to make sure you're not shortchanged on medical care, lost wages, or compensation for a wrongful death offshore. If you or a loved one was hurt working on or around the water, call (888) 273-1045 for a free, 24/7 case review before you sign anything from your employer or their insurer.

About Maritime Law

When a person is injured or loses a loved one in a fatal accident, he or she can often file a personal injury or wrongful death claim against the party who is responsible. The Texas Civil Practice and Remedies Code details who has the right to sue for accidents caused by negligence.

Similarly, the Texas Workers' Compensation Act, contained in the labor code, makes it possible for an individual who has been injured on the job to file a claim against his or her employer's workers' compensation insurance policy.

What happens, however, when the injury or death occurs offshore? This is a major concern for many Texans, given that the Port of Houston is the nation's busiest port and the sixth-largest port in the entire world.

An estimated 785,000 people work in jobs related to the port, in addition to many more who work on offshore drilling rigs on the Gulf of Mexico, commercial divers and people who earn a living as seamen on cargo ships and other types of vessels.

When a person is hurt or killed in an accident offshore, where the laws of Texas do not apply, does the accident victim or surviving family have any right to pursue compensation? The answer to this question is, "Yes."

Types of Maritime Injury Claims

An accident claim for an offshore injury is possible thanks to a body of law known alternately as maritime law or admiralty law.

Maritime law includes a wide range of different statutes that apply to certain areas of commerce and other matters, several of which have to do with the legal rights and responsibilities of those who are involved in accidents occurring on ships and drilling platforms.

Laws That Apply Most Often In Offshore Injury Cases:

• Jones Act - The Jones Act is contained as a section of the Merchant Marine Act of 1920, specifically 46 U.S.C. § 30104. This law provides for the right of injured seamen to sue their employers for financial compensation. In order to prevail in a Jones Act claim, it is necessary to prove that the injury was caused by some type of negligence on the part of the employer or a fellow crewmember, or that the accident was caused by unseaworthiness of the vessel.
• Death on the High Seas Act (DOHSA) - This law, found in the statutes of 46 U.S.C.§§ 761 - 768, makes it possible to recover damages against a ship owner if your spouse, your parent or other family member upon whom you are dependent was killed in international waters, at least three miles offshore. Similar to Jones Act claims, it is necessary to prove that the death was caused by negligence or unseaworthiness.
• Longshore and Harbor Workers' Compensation Act (LHWCA) - The statutes of 33 U.S.C. §§ 901 - 950 comprise the Longshore and Harbor Workers' Compensation Act. This law is essentially the same as the workers' compensation laws held in most states providing a no-fault system in which injured workers can claim compensation for medical treatment and lost wages regardless of who is at fault for causing an accident. The LHWCA covers many categories of workers who are not eligible to sue under the Jones Act.
• Maintenance and Cure - The right to receive maintenance and cure is not found in any of the statutes of the United States Code. Instead, it has roots in the English common law and dates back nearly a millennium. Injured seamen have a right to receive maintenance and cure from their employers regardless of who is at fault. Maintenance consists of payment in the value of the food and shelter that the seaman would have received aboard the ship had he or she not been injured, while cure is the provision of any emergency medical treatment, hospitalization and rehabilitative care that may be required.

FAQS Regarding Maritime Injury Attorney

Does the Jones Act cover me if I was hurt offshore?

The Jones Act covers you if you qualify as a seaman, which generally means you spend a substantial part of your work time, often around 30 percent, in the service of a vessel or fleet in navigation. Crew members on supply boats, tugs, barges, drillships, and many jack-up and floating rigs typically qualify.

If you do, the Jones Act lets you sue your employer for negligence, and you can also bring an unseaworthiness claim against the vessel owner if the vessel or its equipment was not reasonably fit for its purpose. If you are not a seaman, you are not without options: dock, harbor, and shipyard workers are usually covered by the Longshore and Harbor Workers' Compensation Act instead. Call (888) 273-1045 and we will tell you which law applies to your job.

What is the difference between the Jones Act and the LHWCA?

The Jones Act is a fault-based right to sue; the LHWCA is a no-fault benefits system. Under the Jones Act, a seaman sues their employer and must show negligence or an unseaworthy vessel, but can recover full damages including pain and suffering.

Under the Longshore and Harbor Workers' Compensation Act, an injured maritime worker who is not a seaman claims medical costs and lost wage benefits without proving anyone was at fault, but the benefits are set by formula and do not include pain and suffering. Which one applies turns on your connection to a vessel, not on your job title, which is why these cases are worth having reviewed.

What is maintenance and cure?

Maintenance and cure is an ancient right owed to seamen that has nothing to do with fault. Cure is your employer's obligation to pay for your medical treatment until you reach maximum medical improvement. Maintenance is a daily living allowance to cover food and lodging ashore while you recover.

Your employer owes it if you were injured or fell ill in the service of the vessel, even if the injury was nobody's fault and even if it was partly your own. Employers routinely underpay the maintenance rate or cut it off early, and an attorney can challenge that separately from your Jones Act claim.

Can my family file a claim if a worker died offshore?

Yes. Which law governs depends on where the death occurred and the worker's status. The Jones Act allows the survivors of a seaman to bring a wrongful death and survival claim against the employer. The Death on the High Seas Act applies to deaths occurring beyond three nautical miles from shore.

Deaths on fixed platforms on the outer continental shelf and deaths within state waters can fall under other frameworks, including Texas law. Because those routes lead to very different recoveries, offshore death cases should be reviewed by a maritime attorney quickly.

How long do I have to file an offshore injury claim?

Deadlines in maritime cases are different from ordinary Texas cases, and they are unforgiving. A Jones Act claim generally must be filed within three years of the injury. Under the LHWCA, you typically must give your employer written notice within 30 days and file a claim within one year.

The Death on the High Seas Act has its own three-year period. Some employment agreements attempt to impose shorter notice requirements. Do not rely on the two-year Texas rule, and do not wait to find out which one applies to you.

Should I sign my employer's accident report or settlement offer?

Not before an attorney reads it. Maritime employers move quickly after an injury, and the paperwork put in front of a hurt crew member often includes a statement drafted to minimize the company's role, a medical authorization far broader than necessary, or an early settlement that releases every future claim for a fraction of its value.

You are entitled to have counsel review anything you are asked to sign. Call The Daspit Law Firm at (888) 273-1045, free and 24/7, and we will review it before you commit to anything.

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LET OUR MARITIME LAWYERS FIGHT FOR YOU

As a personal injury law office, The Daspit Law Firm frequently accepts cases involving maritime injuries and workplace accidents occurring on the docks. If you are looking for a maritime attorney who has the skill and legal knowledge necessary to get results in your case, come to our firm for help.

Contact our office now for a free case evaluation so that we can review the situation to determine what rights of recovery you may have and to estimate how much your claim for compensation may be worth.

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