Maritime & Offshore Injury Lawyer in Texas

Many Texans, including workers who live in West Texas, travel to the Gulf of Mexico and Gulf Coast ports to work on offshore platforms, tugs, barges, supply vessels and in shipyards. When a worker is injured or killed on the water, the rules are different from other injury cases. Federal maritime law applies, and the deadlines and remedies are not the same. The Daspit Law Firm helps injured maritime and offshore workers and their families understand their rights.

Which Law Applies to a Maritime Injury?

The law that applies depends on who you are, what you do and where you were hurt. The most common are:

The Jones Act (Seamen)

A worker who is a seaman (a member of a vessel's crew) may sue an employer for negligence if the employer or a co-worker caused the injury or if the vessel was unseaworthy. The standard of proof is more favorable to injured seamen than in most injury cases. Seamen may also be entitled to maintenance and cure, which pays basic living costs and medical care while the seaman recovers, regardless of fault.

The Longshore and Harbor Workers' Compensation Act (LHWCA)

Many dock, port and shipyard workers who are not seamen are covered by this federal no-fault workers' compensation system, which pays medical benefits and part of lost wages. A related law, the Outer Continental Shelf Lands Act, extends similar coverage to some workers on offshore platforms and rigs.

The Death on the High Seas Act (DOHSA)

DOHSA allows certain family members to seek compensation when a person is killed by negligence more than three nautical miles from shore. Its damages are more limited than those in most wrongful death cases.

Common Maritime and Offshore Accidents

•       Offshore rig and platform explosions and fires

•       Falls, slips and trips on vessels and docks

•       Crane and lifting accidents

•       Tugboat, barge and supply vessel accidents

•       Crew transport accidents, including helicopter and boat transfers

•       Chemical exposure and toxic fumes

•       Man overboard and drowning

•       Shipyard and dock accidents

For recreational boating accidents, see boat accidents. For rig explosions, see oil field accidents and explosions.

What Compensation May Be Available?

•       Medical expenses and maintenance and cure

•       Lost wages and lost earning capacity

•       Pain and suffering and mental anguish

•       Physical impairment and disfigurement

•       Wrongful death damages, subject to the law that applies

What to Do After a Maritime Injury

•       Report the injury to the captain or supervisor in writing as soon as possible.

•       Get medical attention and tell the doctor how the injury happened.

•       Do not sign a statement or release for the company or its insurer without advice.

•       Write down what happened, the names of crew members and any witnesses, and photograph what you can.

•       Contact a lawyer before accepting a settlement. Maritime deadlines can be short.

Frequently Asked Questions About Maritime and Offshore Injuries

Why does a West Texas law firm handle maritime injury claims?

Maritime law is federal, and many workers who live in West Texas work offshore or on Gulf Coast vessels and platforms. Our Texas offices serve clients statewide.

What is a "seaman" under the Jones Act?

Generally, a worker who contributes to the function of a vessel and spends a substantial portion of their time on it. The question is fact-specific.

What is maintenance and cure?

An injured seaman's right to basic living expenses (maintenance) and medical care (cure) while recovering, regardless of who was at fault.

What is the time limit for maritime injury claims?

Many maritime personal injury claims have a three-year deadline, but some, such as LHWCA notice and claim requirements, are much shorter. Do not wait.

Can I get workers' compensation instead of suing?

It depends on your job and status. Seamen generally sue under the Jones Act. Some dock and harbor workers are covered by the LHWCA instead. A lawyer can help determine which applies.