If you were hurt, or lost a loved one, in an accident on a ship, rig, platform or other offshore worksite, you still have legal rights. Maritime law, also called admiralty law, gives injured workers and their families ways to seek compensation that differ from the Texas workers' compensation system.
Daspit Law Firm represents offshore workers and their families from our San Antonio office. You do not pay us until we win your case, and your consultation is free.
Whether an accident happened in a shipyard, in port or in international waters, maritime law sets out the duties and rights involved. You may be able to seek compensation for an injury on a ship, drilling platform, tanker, rig or anywhere else offshore.
Under the Jones Act (46 U.S.C. § 30104), a seaman may sue an employer when the employer's or a crewmember's negligence caused an injury, or when the harm resulted from the vessel's unseaworthiness.
If a seaman dies in international waters, a spouse, parent or dependent relative may be able to sue the ship owner when negligence occurred or the vessel was unseaworthy. DOHSA is found at 46 U.S.C. §§ 761-768.
The LHWCA works like no-fault workers' compensation in Texas and builds on the Jones Act. It provides compensation for medical costs and lost income, and a worker may be owed benefits even if he or she was at fault for the accident. You can find it at 33 U.S.C. §§ 901-950.
We represent cargo ship workers, commercial divers, seafarers and many other maritime workers, along with their loved ones. If your injury happened offshore in the Gulf or elsewhere, we can review which law applies to you. Related work on land may fall under oil field accidents and explosions or plant and refinery accidents.
• Slips and falls on wet or poorly maintained decks
• Equipment failure or unsafe machinery
• Fires and explosions on rigs and vessels
• Crane, lifting and cargo-handling accidents
• Diving accidents
• Inadequate training, staffing or safety procedures
Which benefits are available depends on your job, the vessel and the law that applies. Depending on the facts, you may be able to seek:
• Medical expenses, including future care
• Lost wages and loss of earning capacity
• Physical pain and mental anguish
• Maintenance and cure, a benefit owed to injured seamen for living expenses and medical care under maritime law
• Damages for the loss of a loved one in a fatal accident, including through a wrongful death claim
We cannot promise any particular result, but we can explain what may apply to your situation.
• Get medical care right away and follow your treatment plan.
• Report the injury to your employer in writing as soon as possible, because maritime and compensation laws have short notice requirements.
• Keep photos, witness names, medical records and anything you were given about the incident.
• Be careful about signing releases or giving recorded statements to an employer or insurer.
• Speak to a maritime injury lawyer promptly. A claim under the Jones Act generally must be filed within three years, and other maritime claims can carry different or shorter deadlines.
If you or a loved one was in an offshore accident, we are ready to travel to your home or hospital free of charge to discuss your legal options. We work on a contingency basis, so you do not pay unless we win. Contact Daspit Law Firm to set up your free consultation.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. We take your fight as far as it needs to go.
The Jones Act is a federal law, 46 U.S.C. § 30104, that allows seamen to sue an employer when negligence by the employer or a crewmember caused their injury, or when the vessel was unseaworthy. It is separate from Texas workers' compensation and has its own rules and deadlines.
Possibly. Workers such as longshore and harbor workers may be covered by the LHWCA, which provides compensation for medical costs and lost income. Which law applies depends on your job duties and where you were working, so a lawyer should review your situation.
The Death on the High Seas Act may allow a spouse, parent or dependent relative to sue a ship owner when a death in international waters involved negligence or an unseaworthy vessel. Other laws may apply depending on location. A lawyer can explain who may file.
No. We work on a contingency fee basis, so you do not pay until we win your case. Your first consultation is free, and we can travel to your home or hospital if you cannot come to our office.
Not usually. Offshore and maritime workers are typically covered by federal maritime laws such as the Jones Act or the LHWCA rather than the Texas system. The correct route depends on your job and the facts, so ask a lawyer before choosing a path.
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.
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