Maritime injuries can be severe and life-changing, requiring specialized legal expertise to navigate the complexities of maritime law. Houston maritime injury lawyers are experienced attorneys who understand the unique challenges of these cases and are dedicated to helping injured maritime workers secure the compensation they deserve. This article provides detailed information on the types of maritime injuries, the legal process, and the importance of having an experienced attorney by your side.

What Makes Maritime Accidents Different?

Marine accidents are unique events, as they aim at sea and are regulated by laws that are manifested differently than those on the ground. These are known as admiralty laws, and they apply to work contexts that take place in maritime settings and offer additional protection to such workers. Maritime accidents are, therefore, largely characterized by factors such as unseaworthy vessels, adverse weather conditions and the general risks associated with working on or on board a ship.

Maritime accidents also vary regarding the kind of harm that is likely to occur or whether any harm occurs at all. Employees can risk getting injured by some machines, slipping on decks, or being trapped in enclosed spaces. Additionally, rescue and medical aid could be a little more difficult in a maritime environment due to the isolation of the vessel.

So, maritime accidents can be quite complex, and the services of a legal advisor or attorney are needed to help deal with the numerous laws governing them and ensure that the employee meets their expected compensation package. Explaining these disparities is important in comprehending maritime workers’ compensation, particularly personal injury cases.

Maritime Laws (Admiralty Laws) that Apply to Maritime Injuries

Admiralty laws can be described as a body of rules concerning sea and water bodies that regulate the activities in such areas. These laws cover numerous occurrences, such as injuries received by various categories of marine employees like seamen, dockers, and construction workers in vessels and platforms.

Some of these laws include the Jones Act, which allows seamen to seek damages from their employers in cases of an injury occasioned by negligence. According to the Jones Act, a seaman must demonstrate that the employer’s negligence in some way caused the seaman’s injury, even if it was a minor contribution. This law entitles the injured seamen to claim reimbursement for Medicare payments for medical treatments, lost earnings or wages, and other damages, including pain and suffering.

Another important law is the Longshore and Harbor Workers’ Compensation Act, also known as ‘the Longshore Act’. Does it offer indemnity to workers in the docks, harbour and other THREE employees who are not categorized under C? Jones Act. LHWCA applies to any injury that happens on navigable waters and any adjacent area used for loading, unloading, repairing or constructing a vessel. These are medical expenses, loss of wages or salary, and vocational rehabilitation expenses.

The DOHSA is mainly followed for maritime deaths, which occur more than three nautical miles from the coastline of the United States. This act enables the families of the deceased people working at the sea to seek compensation expenses as a result of the death of their loved ones, such as loss of income, burial fees and loss of bequeathment.

Maintenance and Cure is a legal principle which requires shipowners to cover a seaman’s essential needs and treatment till he or she has attained optimum condition to recover. This obligation applies irrespective of the cause of injury and guarantees that the injured seamen will receive the necessities during their recovery.

Another part of maritime law is unseaworthiness, and it is the responsibility of the vessel owners to guarantee that the vessel is suitable and adequately equipped for the crew. The injured worker can seek redress in cases where an injury occurs from an unseaworthy ship.

Differences between maritime injury claims and land-based accident claims:

Aspect	Maritime Injury Claims	Land-Based Accident Claims
Governing Laws	Admiralty laws (e.g., Jones Act, LHWCA)	State workers’ compensation laws and personal injury laws
Eligible Workers	Seamen, dock workers, offshore workers, construction workers on vessels	Employees injured on land-based job sites
Key Legislation	Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA)	State-specific workers’ compensation statutes
Compensation Coverage	Maintenance and cure, vocational rehab, disability payments	Medical expenses, lost wages, rehabilitation costs
Negligence Requirement	Must prove employer negligence under the Jones Act	Generally no requirement to prove negligence for workers’ compensation
Claims Process	File a lawsuit for compensation under maritime laws	File a workers’ compensation claim or personal injury lawsuit
Types of Accidents	Offshore accidents, vessel unseaworthiness, hazardous sea conditions	Slip and falls, machinery accidents, motor vehicle accidents
Injury Environments	On vessels, offshore platforms, dockside	On land-based job sites, construction sites, offices
Legal Expertise	Requires specialized maritime injury lawyers	Handled by personal injury or workers’ compensation lawyers
Potential Defendants	Employers, vessel owners, equipment manufacturers	Employers, property owners, other drivers

Types of Workers Covered Under Maritime Laws

Here are some of the types of workers covered under maritime laws:

Seamen: These are employees who work on boats while at sea. They can be crew members, captains, engineers, and deckhands. The Jones Act allows seamen to sue their employers for negligence if injured during work.

Dock Workers: Incorrectly referred to as long shoremen/stevedores, dock workers are responsible for loading and off-loading cargo from ships. These involve workers covered by the Longshore and Harbor Workers’ Compensation Act or LHWCA, which compensates injured individuals while discharging their duties.

Maritime employees: Those who work in maritime structures, as well as construct, repair, and maintain structures like docks, piers, and offshore platforms. They are challenged by various risks during their duty and are covered under maritime law.

Maritime Employees: Workers in oil rigs, drilling platforms, and other offshore installations. Such risks include mechanical breakdown of the equipment used in the extraction process and unfavourable weather conditions.

Fishing Industry Workers: Those employed in the fishing industry, both as fishermen and as part of the crew in a commercial fishing vessel, are protected under maritime law, so they are entitled to be compensated when they sustain an injury on the sea.

Common Types of Maritime Injuries and Accidents

These incidents can result in a wide range of injuries, from minor cuts and bruises to severe, life-altering conditions. Here, we will explore some of the most common maritime injuries and accidents.

Overview of Different Types of Maritime Injuries

Personal Injury: Accidents are injuries people receive while working in various capacities on marine or sea-related activities. This involves physical injuries like cuts, broken bones, sore muscles, or injuries caused by accidental falls or improper working conditions.

Traumatic Brain Injury (TBI): TBIs are serious work-related injuries that result from a sudden impact on the worker’s head. The severity of these injuries ranges from mild to serious and may cause permanent cognitive and physical disabilities that can hinder the life of the victim. Ship-related injuries occur through falls, from lifting heavy equipment or being hit by an actor or vessel.

Spinal Cord Injuries: Loss of function of the spinal cord leading to incomplete or complete paralysis based on the area that has been affected. They sometimes result from descending objects, slipping on water, radiation or dealing with mechanical equipment.

Burns: Burns are another typical maritime injury, especially on vessels using mechanical energy, engines, and flammable materials. Burns can be thermal, chemical, or electrical and are typically painful, leave marks, and may provoke other complications later on.

Traumatic Amputations: Maritime work involves the handling of heavy machinery and equipment and, in certain circumstances, may result in traumatic amputations. These life-changing injuries may range from being entangled in machines, trapped under heavy masses, or cut by sharp objects.

Steps to Take After a Maritime Accident

Taking the right steps immediately after an accident can significantly protect your health, legal rights, and potential compensation. Here’s what you should do:

1. Seek Immediate Medical Attention

Health is life’s most valuable thing and must be protected at all costs. You do not have to be experiencing severe injuries to seek medical attention immediately. Some injuries, like internal bleeding or concussions, may not be immediately noticeable, so it’s crucial to get checked by a medical professional. In the event of an injury, obtaining a medical report is essential, as it can support your case if you need to file a maritime injury claim.

2. Inform Your Employer of the Accident

In any case, report the incident to your supervisor or employer as soon as possible. Provide a clear and accurate description of how the accident occurred. This step is crucial because failing to report the incident promptly could weaken the credibility of your maritime claim. Additionally, request a copy of the accident report for your records. If you need legal assistance, it is advisable to hire a maritime injury lawyer who understands law in Houston and the challenges maritime workers face when seeking compensation.

3. Document Everything

Gather as much evidence as you can, including:

• Photos and videos of the accident scene, equipment, and injuries
• Witness statements and contact information
• Safety violations or hazardous conditions that contributed to the accident
• Any medical reports and expenses related to your injuries

4. Avoid Giving Recorded Statements

Employers and some insurance providers can and often will attempt to obtain one from you with or without telling you that is their intention. Stay guarded because any word you utter may be used to understate or downright dismiss your case. Before giving a statement, speaking with one of our Houston maritime lawyers is advisable.

5. Understand Your Legal Rights

Maritime law is not the same thing as personal injury laws that apply in other fields. Thus, depending on the role and the type of accident, there may be different laws:

• The Jones Act (for injured seamen)
• The Longshore and Harbor Workers’ Compensation Act (for dock workers and port employees)
• General maritime law (for negligence and unseaworthiness claims)

This way, a maritime accident law firm will assist you in understanding which laws apply to you and what action to take.

6. Consult with an Attorney for Your Case

Depending on your experience, a maritime injury lawyer can help establish who is at fault and advise you on how to proceed with the claim. To do this, many firms advise clients to have free consultations so that the person can explain his/her case, and the lawyer may then explain the possible legal action.

Determining Liability in Maritime Accidents

In case of a maritime accident, it becomes essential to identify liable parties in a bid to seek compensation. Maritime injury is not a regular workplace tragedy since it pertains to many parties and legal factors. Knowledge of liability may make the victim seek legal remedy and pursue compensation.

Potential Liable Parties in Maritime Accidents

The following are the parties that can be held responsible for a maritime accident:

1. Employers

This means maritime employers are legally responsible for ensuring the working environment is safe. When an employer does not provide necessary training, is lax, or even requires workers to work in hazardous conditions, they risk being sued under the Jones Act or the general maritime law.

2. Vessel Owners

The owner of a vessel must see that the vessel in question is seaworthy. This kind of claim also refers to unseaworthiness, whereby the vessel owner will be deemed responsible for poor maintenance, defective equipment, or hazardous conditions that lead to an accident.

3. Equipment Manufacturers

Crane mishap at Sea plays a significant role in accidents due to the failure of good and serviceable maritime gear such as Winches, cranes or safety equipment. This particularly becomes evident in cases where the injury resulted from a malfunction in the equipment; the manufacturer or distributor could be made to answer to product liability laws.

4. Third-Party Contractors

In many operations that are carried out in the maritime field, including the handling of cargo and maintenance crews, there are often third-party companies and individuals involved. If factors were within a third party’s control, they could also have taken part in the mishap.

5. Other Crew Members

At times, the carelessness of other employees, like operating machinery carelessly or even failing to observe certain measures, can result in mishaps. Employers might also be liable if they neglect to follow measures that need to be put in place to enhance the safety of the employees.

The Role of a Maritime Attorney in Proving Liability

Maritime accidents involve many legal factors that establish who is to blame in an accident. Therefore, clarifying the laws governing such accidents cannot be quickly arrived at. A maritime accident lawyer is essential in collecting evidence and defining negligence.

1. Conducting Investigations

A maritime lawyer will:

• Gather documents such as statistics and records of accidents that occurred.
• Interview witnesses and coworkers
• Also, the maintenance records of the vessel and the company’s standard operating procedures must be reviewed.
• Read through medical records and documents indicating cases of injury

2. Establishing Negligence

To establish negligence, the attorney has to demonstrate the following elements:

• A relationship of care was assumed (e.g., employer-employee relationship implying that the employer is in a position to protect the employee).
• Some negligence contributed to the incident (e.g., the duty to keep the vessel in safe condition)
• The lapse led to the occurrence of the accident, together with the consequent harm

3. Negotiating Compensation

An advocate can use his influence and knowledge to bargain for compensation with insurance companies and employers to cater for medical bills, wages for illnesses or injuries, and compensation for suffering. Some will allow clients to consult the attorney for free to determine whether they can take the case.

Compensation for Maritime Injury Claims / Maritime Worker

Types of Compensation Available

Medical Treatment: Individuals injured in a maritime accident are entitled to claim reasonable medical costs due to their injuries. This coverage includes hospitalization, surgeries, prescriptions, physical therapies, and other necessary medical procedures. Under maritime and admiralty law, all medical expenses related to the injuries sustained by the worker should be covered to ensure their health and well-being. A maritime lawyer in Houston can help injured workers understand their rights and secure compensation for their medical treatments.

Lost Wages: Maritime employees can also seek compensation for lost wages when they are unable to work due to an injury. This includes both wages lost during the rehabilitation period and future wages affected by the injury. Loss of income can significantly impact an injured worker’s livelihood, making it crucial to seek fair compensation. A personal injury law firm specializing in Texas maritime cases can assist in recovering lost wages, ensuring injured workers can meet their basic needs while focusing on their recovery. If you have been injured in a maritime accident, consulting a maritime lawyer in Houston can help you navigate the legal process and secure the compensation you deserve.

Intentional Torts: Maritime workers are entitled to seek compensation for pain and suffering if they sustain injuries while working. This type of compensation covers physical injury, emotional distress, and trauma caused by the incident. It aims to provide relief for the non-financial impact on the worker and their family. If you have been injured in an offshore accident, you may have legal options under federal maritime law to claim compensation.

Disability: For cases where an injury results in a permanent or long-term disability, workers may be eligible for disability benefits. This includes workers’ compensation for temporary inability to work and benefits for those who cannot return to their previous job or any other gainful employment. A skilled Houston maritime attorney can guide injured workers through their legal rights under federal maritime regulations.

If you need legal assistance, contact a maritime attorney to ensure your rights are protected. An experienced maritime lawyer can help you navigate the complexities of your case and fight for the compensation you deserve.

Special Compensations for Seamen Under The Jones Act

The Jones Act is a federal legislation that provides additional protections and wages for seamen who sustain an injury or illness aboard vessels. According to IMU, seamen are workers who spend most of their working hours on a vessel in navigation. The Jones Act allows a seaman who has been injured offshore to sue their employer for negligence, offering remedies beyond standard workers’ compensation.

Maintenance and Cure

Under the Jones Act, an injured offshore worker has the right to “maintenance and cure.” Recoverable damages include daily living expenses such as food and shelter (maintenance) and the cost of medical treatment necessary to bring the seaman to maximum medical improvement. This compensation applies regardless of fault, ensuring support during recovery.

Vocational Rehabilitation

Another benefit available to seamen is vocational rehabilitation. This includes job re-employment assessments, career guidance, and education to help injured workers transition into a new profession if they cannot return to their previous job. The goal is to equip injured seamen with the necessary training and skills for future employment.

Disability Compensation

The Jones Act also includes disability compensation, similar to workers’ compensation. If a seaman sustains head injuries, burn injuries, or other severe conditions that prevent them from working, they may be eligible for long-term benefits. These payments can continue for a lifetime if the worker is unable to return to a job that provides reasonable financial support.

For legal guidance on Jones Act claims, an experienced maritime attorney from a Houston law firm can help. Whether you’re in the Houston area or elsewhere, an offshore injury lawyer can assist with your personal injury claim and ensure you receive the compensation you deserve.

Importance of Having a Maritime Attorney

It is important to have a maritime attorney to represent you because of the numerous laws and regulations in maritime law. Maritime lawyers have experience and knowledge of how these cases work and would advise better than they do without such expertise. They will safeguard your rights to the hilt and ensure you get the best compensation possible.

Role of a Maritime Accident Law Firm

A trusted injury law firm like the Lopez Law Group ensures that clients receive fair compensation. Their experienced maritime attorneys thoroughly investigate the accident, gather crucial evidence, and compile materials to strengthen your case. They will handle negotiations with insurance providers and maritime companies to prevent unfair settlements. An injury attorney will also help you seek compensation for medical expenses, lost wages, and damages such as pain and suffering through a dedicated maritime accident law firm.

After an accident in the maritime industry, dealing with legal matters can be complex. However, with the right legal support, a positive outcome is possible. If you or a loved one has suffered offshore injuries, consult a personal injury lawyer at Lopez Law Group for a free case review. Whether your case involves offshore oil work or other maritime incidents, our attorneys are here to fight for your rights.

FAQs – Offshore Workers and Houston Maritime Attorney