If a person is injured or loses someone they love in an accident, they can typically file a personal injury or wrongful death claim against whoever caused the accident. Under Texas' no-fault workers' compensation system, a worker can file a claim with their employer's insurance whenever they are injured in the workplace. But what are your options if you lost a loved one or were injured in an offshore accident? According to maritime law (also called admiralty law) you still have the legal right to file a claim for compensation.
At The Daspit Law Firm, our San Antonio personal injury attorneys are committed to defending the rights of offshore workers and their families. We are dedicated to your recovery, and you won't pay us until we win your case. Don't hesitate to contact our experienced firm for your free consultation.
Whether an offshore accident took place in a shipyard, in port, or in international waters, maritime law covers the legal duties and rights involved. Under these laws, you can assert your right to financial compensation for an accident that occurred on a ship, drilling platform, tanker, rig, or anywhere else offshore.
Some of the most pertinent statutes of maritime law include:
According to the Jones Act (46 U.S.C. § 30104), seamen can file a lawsuit against an employer if the employer or a crewmember's negligence caused an injury, or if the harm was due to the vessel's unseaworthiness. If a seaman dies in international waters, their spouse, parent, or dependent relative can sue the ship owner if negligence occurred or if the vessel was unseaworthy. This is according to the Death on the High Seas Act (DOHSA) found in 46 U.S.C. §§ 761-768.
The Longshore and Harbor Workers' Compensation Act (LHWCA) functions like the no-fault workers' compensation laws in Texas, expanding on the Jones Act by providing the right to compensation for medical costs and loss of income. This means that even if a worker is at fault for his or her own accident, they still could be owed compensation. You can find this act in 33 U.S.C. §§ 901-950.
At The Daspit Law Firm, we represent cargo ship workers, commercial divers, seafarers, and many other maritime workers and their loved ones. Our San Antonio offshore injury attorneys have the experience and proven advocacy to help you pursue justice and maximum compensation.
If you or a loved one were in an offshore accident, we are ready to travel to your home or hospital free of charge to discuss your legal options. Call our firm today to set up your free case consultation.
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.