Texas Offshore Accident Lawyers & Maritime Accident Attorneys

What Is Maritime Law?

There is a distinct set of laws that apply to our oceans, lakes, rivers, and canals and the people who work on them. This is known as maritime law. It includes state and federal statutes, common law principles (which are derived from court decisions), and international treaties. It covers everything from how and when various waters can be navigated, which country’s laws apply in a given area, how vessels must be operated, environmental regulations, workers’ safety, and workers’ injury compensation.

The laws regarding workers’ rights and compensation that apply on land do not apply to workers who spend most of their time on or around the water. Instead, if you are a sailor, longshoreman, docker worker, or other offshore or maritime worker, your rights and legal options are determined by maritime law.

If you work in the Texas maritime industry and are injured on the job, you need to contact one of Texas’ maritime law firms. We recommend calling us at The Law Giant, Personal Injury & Accident Lawyers to discuss your rights and legal options under maritime law.

Common Maritime & Offshore Accidents

At The Law Giant, Personal Injury & Accident Lawyers, we can assist with all types of offshore, port, and maritime accidents.

You should call us if you were involved and hurt in a:

• Accident While at Port
• Mooring Line Accident
• Cable Accident
• Offloading Accident
• Hoisting Equipment Accident
• Basket Transfer Accident
• Offshore Oil Rig Accident
• Offshore Drilling Accident
• Offshore Crane Accident
• Diving Accident
• Underwater Welding Accident
• Dynamic Positioning Vessel Accident
• Ship Accident
• Drowning Accident
• Electrical Shock or Electrocution
• Slip and Fall
• Vessel Collision
• Explosion or Fire

Following a maritime or offshore accident, you do not have a typical workers’ compensation or personal injury claim. Maritime and admiralty laws dictate your rights to bring a legal claim and receive compensation. At The Law Giant, Personal Injury & Accident Lawyers, we can help ensure your case progresses correctly and that you receive what you are entitled to under maritime law.

Texas Maritime Injuries

Working in the maritime industry is not easy or relaxing. You face the elements every day. You often have to work in a cold or brutally hot environment. You have to do your job carefully and efficiently, despite working in slippery areas with wet equipment. You also work with or around large equipment and machines each day. The ships are massive, as are the cranes and other machines you need to anchor the vessels and load or unload cargo.

Whether you work at a port, on a vessel, or on an offshore rig, your job is tough. You accept that you face risks, but that does not mean you accept getting hurt because of other people’s careless or reckless behavior. When you get hurt, you can and should look into receiving compensation.

Our maritime injury lawyers at The Law Giant, Personal Injury & Accident Lawyers can help you recover after:

• Lacerations
• Bone Fractures
• Dislocations
• Stretched/Torn Ligaments, Muscles, Tendons
• Traumatic Brain Injuries (TBI)
• Hand and Feet Injuries
• Neck and Back Injuries
• Spinal Cord Injuries
• Paralysis
• Electrocution
• Burns
• Amputation
• Crush Injuries
• Drowning or Inhalation Injuries
• Eye Injuries or Vision Loss
• Polytrauma

Maritime Laws That Apply to Maritime & Offshore Injuries

Depending on your specific job and where you were hurt, different federal laws may apply to your situation. The most common maritime laws that apply to injuries and fatal accidents are:

• The Jones Act (The Merchant Marine Act of 1920)
• The Outer Continental Shelf Lands Act
• The Longshore & Harbor Workers’ Compensation Act
• The Death on the High Seas Act
• Maintenance and Cure
• Unseaworthiness

If you were injured while working on a vessel or at a port, call us right away. If you were injured while working on an offshore platform, call us to speak with an offshore injury attorney. You are going to need a veteran lawyer to review your case and determine the relevant law. We will then guide you through pursuing compensation under the appropriate federal law.

The Jones Act

When you suffer a maritime injury, it is likely that you can pursue compensation under the Jones Act.

The Jones Act applies explicitly to sailors and seamen (and women) working on American vessels. To qualify for benefits under this federal law, you must spend at least 30 percent of your time on a vessel or fleet of vessels in navigation. A vessel can be any ship or boat, no matter the size. “In navigation” has a broad definition. You can be at port and still considered to be in navigation. However, the vessel cannot be drydocked or have ceased operations. Also, your job must contribute to the mission or function of the vessel or fleet.

To recover compensation under the Jones Act, you must file a lawsuit in federal court alleging that a crewmember or supervisor was negligent or is guilty of intentional misconduct. You should not try to handle this legal process on your own. It is better to hire a maritime injury attorney to handle the legal process, and when necessary, communicate with the relevant insurers.

By proving negligence, you can receive compensation for your:

• Medical Bills
• Lost Wages
• Lost Earning Capacity
• Pain and Suffering
• Mental Anguish
• Loss of Enjoyment of Life
• Vocational Rehabilitation

However, the Jones Act also gives you the right to maintenance and cure without proving negligence. All you have to do is prove that your injuries occurred during and within the scope of your work. Then you may receive compensation for your daily living expenses (maintenance) and your medical bills (cure).

The Longshore and Harbor Workers’ Compensation Act

The LHWCA is another federal law that commonly comes into play after maritime accidents. This statute applies to most dockside and other maritime workers who the Jones Act does not cover. If you are a dock worker, harbor worker, or longshoreman, do not hesitate to contact a maritime accident attorney after you have been hurt while working. You may be entitled to compensation for your injuries under the LHWCA or another federal law.

To be eligible for LHWCA compensation, you must pass the status and situs tests. Under the status test, your work must be considered maritime duties. Under the situs test, you must work on, near, or around water. To determine if you pass these two tests and can file a claim for compensation, call a maritime injury lawyer today.

If you qualify for workers’ compensation under the LHWCA, then you may obtain wage benefits for a temporary or permanent, partial or total disability. Your medical expenses also will be covered.

Fatal Maritime Accidents

If your loved one worked in the maritime industry and was killed on an offshore platform, vessel, or dockside, call us right away. We will thoroughly investigate the circumstances surrounding your relative’s death to determine which law applies. Once we understand your rights under the relevant maritime law, we will pursue compensation for you and your family.

You may be entitled to compensation under the Jones Act, LHWCA, or the Death on the High Seas Act. The Law Giant, Personal Injury & Accident Lawyers we can evaluate your options and help seek compensation to cover your relative’s medical expenses, your lost financial support, the loss of your loved one’s society and companionship, your own emotional distress, and more.