Have you been injured in a maritime accident near Houston, Texas? Attorney Brian White Personal Injury Lawyers can help when you call (713) 500-5000. We offer a free consultation with a Houston maritime injury lawyer who can explain your rights and fight for the full compensation you deserve.
Maritime law is complex, but injured workers may be entitled to damages for medical costs, lost wages, and lasting disabilities. Our team provides strong legal advocacy for seamen and their families. Don’t settle for less than your claim is worth—contact our Houston office today to start your free case review.
Table of Contents
Why Maritime Injury Victims in Houston, TX Choose Attorney Brian White Personal Injury Lawyers
Federal maritime laws protect workers who get hurt on the job, but knowing how to collect the compensation to which you’re entitled can be challenging. Choice of representation matters, which is why injured maritime workers in Houston trust Attorney Brian White Personal Injury Lawyers.
Here’s why clients continue to choose us when the stakes are high:
- Our attorneys bring more than 45 years of combined experience handling challenging personal injury cases with skill and dedication.
- We have secured tens of millions of dollars in settlements, benefits, and jury verdicts for clients facing life-changing injuries.
- The firm is led by a Board Certified Civil Trial Specialist, reflecting the highest level of professional achievement in trial law.
- Members of our team have been recognized by Super Lawyers, The National Trial Lawyers Top 100, and the Multi-Million Dollar Advocates Forum.
- We are proud recipients of Avvo’s Client’s Choice Award, reflecting our commitment to client satisfaction and positive outcomes.
- Insurance companies and corporations know us as a firm that goes above and beyond to protect the people we serve.
Contact our office in Houston, TX, to learn more about the considerable benefits of having our personal injury law firm take the lead on your maritime injury case. Your initial case review with a Houston personal injury attorney is free.
What Is a Maritime Injury?
Maritime activity is related to the seas, oceans, rivers, and other navigable bodies of water. Located on the coast of the Gulf of Mexico, Texas is a leader in the nation’s maritime industry, supporting 2.5 million workers and pouring billions of dollars into the economy.
Maritime injuries are those sustained in accidents related to maritime operations, including:
- Commercial fishing
- Oil and gas drilling
- Shipbuilding
- Cargo shipping
- Marine engineering
- Commercial diving and welding
- Sinking Vessels
Since maritime-related work is so dangerous, the federal government has enacted laws to protect workers who suffer injuries or the families of workers who are killed on the job.
Understanding Federal Maritime Laws and Protections
While they have many functions, federal maritime laws give maritime workers the opportunity to recover monetary compensation when they suffer injuries in the course of their employment. Different maritime laws protect different types of workers and apply in different situations.
The Jones Act
The Merchant Marine Act of 1920, which is most commonly referred to as the Jones Act, allows seamen to recover maintenance and cure benefits and/or sue their employers for negligence if they’re injured on the job. Maintenance and cure benefits cover a seaman’s medical expenses and daily living expenses until they’re able to return to work.
If a seaman is injured because their vessel is unseaworthy or because of their employer’s negligence, they’re permitted to seek additional damages through a civil tort action. You can pursue compensation under the Jones Act if you’re legally considered to be a seaman, which means you work in support of a navigable vessel in navigable waters and spend at least 30 percent of your time on board that vessel.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation law that applies to most maritime workers. You can qualify if you work in a maritime-related position and are hurt on, over, or adjacent to navigable waters of the United States.
Maritime workers can receive no-fault benefits under the LHWCA for:
- Medical expenses
- Disability benefits, including temporary total, temporary partial, permanent partial, and permanent total
- Vocational rehabilitation
Death benefits can also be awarded to surviving family members when a worker is killed in a fatal maritime accident in Houston.
Outer Continental Shelf Lands Act
Workers on oil rigs off the coast of Texas weren’t initially covered by the LHWCA or other federal maritime laws. If they got hurt on the job, federal benefits weren’t available to help them get back on their feet.
The Outer Continental Shelf Lands Act changed that by extending LHWCA benefits to maritime workers who get hurt in accidents that:
- Took place on a temporary or permanent structure on the subsea or subsoil of the Outer Continental Shelf
- Took place while developing, exploring, or extracting natural resources, and
- Didn’t take place on a ship.
Benefits can also be paid for the wrongful death of a worker covered by the OCSLA.
Am I Protected Under Texas State Law if I’m Injured in a Maritime Accident?
Texas law can protect maritime workers injured in Houston, including those hurt at the Port of Houston or elsewhere on land. State personal injury laws may allow you to pursue damages from nearly any negligent party responsible for the accident. However, if your employer provides workers’ compensation insurance, you may be restricted from filing a lawsuit against them directly.
If you can file a civil maritime injury lawsuit, you can pursue economic and non-economic damages from a liable party. If your maritime accident case gets to trial, a jury would also have the discretion to award punitive damages if there is compelling evidence of malice or gross negligence.
However, Texas’s modified comparative negligence doctrine may apply to civil maritime injury claims. Under the law, damages are awarded on a reduced basis as long as shared responsibility is no greater than 50 percent. Once contributory fault is greater than half, the right to demand compensation is forfeited.
Common Maritime Injuries
While maritime jobs are critical for the economy, they’re also among some of the most dangerous, with fatality rates sometimes 5 or 6 times higher than in other professions.
At Attorney Brian White Personal Injury Lawyers, we proudly fight to help maritime workers who’ve suffered all types of painful and catastrophic injuries, including:
- Spinal cord injuries
- Back injuries
- Paralysis injuries
- Amputation injuries
- Degloving injuries
- Nerve damage
- Burn injuries
- Neck injuries
- Head injuries
- Brain injuries
- Crushing injuries
- Chest injuries
- Leg injuries
- Broken bones
- Soft tissue injuries
- Eye injuries
- Hearing loss
- Wrongful death
After a maritime accident, it’s imperative that you report any injuries to your employer and seek prompt medical care. These two steps can ensure that the incident is thoroughly documented and improve the odds that you’ll be able to secure the maximum benefits to which you’re entitled under state and federal law.
What Will It Cost To Hire a Maritime Injury Attorney in Houston?
Attorney Brian White Personal Injury Lawyers fights for injured maritime workers in Houston on a contingency fee basis. We don’t get paid until we win your offshore accident and injury case.
When we negotiate a settlement or win a verdict for you at trial, our attorney fees are simply taken out of that financial award. This means there’s no out-of-pocket cost or added stress when you ask for our help. If we don’t win, you pay nothing at all.
How Long Do I Have To Pursue Compensation for a Maritime Injury in Houston?
It depends. Different legal claims are subject to different filing requirements.
- Jones Act claims must be filed within three years of the date of injury
- Longshore and Harbor Workers’ Compensation Act claims are subject to a one-year statute of limitations, but can only be brought if you’ve notified your employer of your injury within 30 days of getting hurt
- Civil personal injury lawsuits filed under Texas state law have a two-year filing deadline
You must file your maritime injury claim before the applicable statute of limitations runs out. When time expires, you will lose the opportunity to collect compensation that could make a meaningful difference in your life as you work hard to get back on your feet.
Schedule a Free Consultation With an Experienced Houston Maritime Injury Lawyer
Don’t struggle with the consequences of a maritime injury alone. Assert your rights under federal maritime law and demand compensation for your medical expenses, lost wages, disability, and other damages. Better yet, focus on your recovery and trust the award-winning team at Attorney Brian White Personal Injury Lawyers to fight for you.
Our Houston maritime injury lawyers offer 45+ years of collective legal experience and an undisputed ability to win tough cases. As fierce advocates for Houston, Texas’s injured workforce, we’ve recovered tens of millions of dollars in monetary awards. Contact us today to schedule a free initial case review.
