Houston Maritime Injury Lawyer
Were you or a loved one injured in a maritime accident off the coast of Houston, TX? Hiring an experienced Houston maritime injury lawyer at Attorney Brian White Personal Injury Lawyers can be critical to making a full financial recovery. Call us today at (713) 500-5000 for help.
Our team has over 45 years of experience handling complex maritime cases. We’ve already used our skills to recover tens of millions of dollars on behalf of injury victims and their families.
Now, we’re ready to seek the full compensation you deserve after an injury. Contact our law offices in Houston, Texas, today to schedule a free consultation if you were injured at sea. We’re always available to discuss your case.
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How Attorney Brian White Personal Injury Lawyers Can Help After a Maritime Accident Off the Coast of Houston
Situations where a maritime employer simply offers an injured employee full compensation for their injuries are incredibly rare. You may be leaving a significant amount of money on the table if you don’t understand your rights.
Recovering compensation can be critical to your future–especially if you were seriously hurt. Attorney Brian White Personal Injury Lawyers is an award-winning law firm. We’ve earned a perfect-10 Avvo lawyer rating and the Avvo Client’s Choice Award.
Hire us, and you benefit from a Houston personal injury attorney with the skills and resources to:
- Investigate and collect evidence
- Identify all sources of compensation
- Analyze the laws that apply in your case
- Determine how much compensation you really deserve
- Negotiate aggressively to reach a full settlement
- Fight to protect your interests in court if necessary
Our Houston personal injury lawyers can quickly listen to the facts of your case and determine whether you have a valid maritime injury case, so don’t hesitate to give us a call today. Your consultation is always free of charge.
How Are Maritime Injury Cases Different From Other Personal Injury Cases in Texas?
Maritime workers are just as likely to suffer an injury at sea as they would be on land. In fact, some maritime jobs are much more dangerous than any you’d find on solid ground. Unfortunately, it can be much more difficult to recover compensation in a maritime injury case.
Texas state personal injury or workers’ compensation laws govern a standard personal injury case. Once you’re offshore and leave the boundaries of U.S. waters, these laws no longer protect you.
Maritime injury cases are governed by an entirely different set of laws. Over the course of nearly a century, a different set of laws has been developed to help injured maritime workers.
These laws are complex and, in some cases, difficult to interpret. Maritime employers often use that fact to their advantage. While many injured maritime workers avoid seeking legal advice, it’s actually even more important to consult an experienced attorney if you were injured at sea. Your right to compensation is by no means automatic.
While countless Texas law firms advertise their ability to protect you under state law, most of those firms don’t have the expertise to succeed in a maritime injury case.
Our Attorneys in Houston Handle All Types of Maritime Cases
The maritime industry in Texas generates over $439 billion in economic value. In terms of cargo tonnage, the Port of Houston is ranked among the highest in the nation, surpassing even the Port of South Louisiana by 2021.
Port Houston has eight public terminals and a 52-mile waterway. The port is home to countless vessels, each with their own mission once they’re out to sea.
At Attorney Brian White Personal Injury Lawyers, we have the tools to handle any type of maritime injury case, including those involving:
- Jack-up rig accidents
- Deck accidents
- Accidents involving marine cranes
- Tugboat accidents
- Offshore oil rig accidents
- Barge accidents
- Commercial fishing accidents
- Cargo ship accidents
- Shipyard accidents
- Cruise ship accidents
- Shrimp boat accidents
- Crude oil tanker accidents
- Diving support vessel accidents
If you were injured offshore, don’t hesitate to seek out legal advice. The sooner you consult an attorney, the better your chances of recovering full compensation for your injuries.
Common Houston Maritime Injuries
As you know, there’s a near-endless list of risks associated with working at sea. Virtually any type of work-related injury is possible.
Examples of potential maritime injuries include:
- Broken bones
- Infection caused by puncture wounds
- Nerve damage
- Hypothermia
- Soft tissue damage
- Traumatic brain injuries
- Brain damage caused by oxygen deprivation or toxic exposure
- Spinal cord damage
- Head and neck injuries
- Concussions
- Back injuries
- Internal organ damage
- Crushing injuries
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
If you or a family member were hurt at sea, you deserve a qualified attorney in your corner. Our team at Attorney Brian White Personal Injury Lawyers has decades of experience handling complex maritime cases. Contact us today to explore your options.
Wrongful Death & Fatal Maritime Accidents
You also have rights under maritime law if you lost a loved one at sea. While Texas wrongful death laws won’t protect you, you may have the right to pursue compensation under the Jones Act and the Death on the High Seas Act.
What Types of Compensation is Available for Offshore Maritime Accident Victims?
The types of compensation that you can recover depend on the circumstances and the laws that apply in your case. If you have any questions about how to file a claim for compensation or who is responsible, it’s always best to consult an attorney.
Injured maritime workers may be entitled to a variety of damages, depending on the circumstances, including:
- Medical expenses
- Lost income and disability benefits
- Pain and suffering
- Lost earning capacity
- Scarring and disfigurement
- Loss of consortium
Generally, it’s possible that you could deserve economic damages and non-economic damages. However, that will depend on who was liable for your injuries and whether you’re seeking compensation under the Jones Act or another law.
Houston Maritime Laws
Recent research has demonstrated that Houston, TX, is the No. 2 city in the U.S. for maritime jobs related to moving cargo between U.S. ports. Only New Orleans is above Texas.
The maritime industry in Texas generates over $439 billion in economic value. In terms of cargo tonnage, the Port of Houston is ranked among the highest in the nation, surpassing even the Port of South Louisiana by 2021.
Port Houston has eight public terminals and a 52-mile waterway. The port is home to countless vessels, each with its own mission once they’re out to sea. Every year, the port sees over 8,200 vessels and 215,000 barges.
Overview of Maritime Laws Related to Injuries at Sea
Maritime law, also known as admiralty law, is a complex set of laws designed to regulate maritime businesses. In the context of maritime injuries, different laws have been developed to protect workers based on their unique circumstances.
Jones Act
The Merchant Marine Act of 1920 is also known as the Jones Act. Jones Act cases are different from your typical workers’ compensation claim. When a seaman can prove that they were injured due to the employer’s negligence, they can seek damages above and beyond maintenance and cure.
Owners of a vessel are required to maintain the ship in seaworthy condition. You can sue your employer for damages based on the ship’s unseaworthiness.
If you have grounds to sue for damages, you can recover compensation for both economic and non-economic losses, such as:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Out-of-pocket expenses
- Property damage
- Pain and suffering
- Emotional distress
- Anxiety
- Depression
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
Even if your offshore injuries were not caused by your employer’s negligence, the Jones Act gives you the right to receive maintenance and cure benefits if you were injured on the job.
What is a “Seaman?”
Defining the term “seaman” is by no means a simple task. However, obtaining seaman status is key to receiving protections under the federal Jones Act. Unfortunately, the Jones Act itself doesn’t provide a precise definition of when a maritime worker qualifies as a seaman.
Generally, courts examine several different factors when evaluating an injured maritime worker’s seaman status:
Did they:
- Play a substantial role in contributing to the function of the vessel and the accomplishment of its mission?
- Have a substantial and direct connection to the vessel, considering both the duration and the nature of the connection?
In some legal contexts, a “seaman” has been defined to include “an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel.”
Back in 1995, however, the Supreme Court ruled that the “substantial connection” could only be established by a seaman who spent at least 30% of their time working aboard the vessel or fleet.
The determination is highly fact sensitive. Establishing seaman status can also be critical to protecting your right to full compensation under federal law.
Maintenance and Cure
Most offshore workers who are covered by the Jones Act are entitled to benefits for “maintenance and cure”. “Maintenance” means compensation to cover your living expenses while you recover from the injury. Benefits for “cure” cover your medical expenses.
Generally speaking, maintenance and cure benefits are available until you have reached maximum medical improvement (MMI). MMI is the point at which further medical treatment will not improve your injuries.
While Jones Act seamen are always entitled to maintenance and cure, that doesn’t mean you’ll automatically get a fair deal. Your doctor may pressure you to return to work before you’re ready. Your employer and their insurance companies may refuse to pay fair maintenance benefits.
When in doubt, it’s always best to consult an experienced maritime lawyer in Houston. We’ll review the facts for free and determine whether you have a case.
The Death on the High Seas Act
The Death on the High Seas Act (DOHSA) is similar to state wrongful death statutes. The law gives surviving family members the right to seek compensation for wrongful or negligent acts that result in the death of their loved one.
The law applies when the death occurs on the high seas beyond three nautical miles from the shore of the United States. Lawsuits under DOHSA are formally filed by the decedent’s personal representative. Any damages are recovered for the benefit of their surviving spouse, parent, children or dependent relatives.
Those damages may include loss of financial support, funeral expenses and burial costs.
Note that you may have a cause of action under DOHSA even if your loved one was injured at sea and later died on land.
The Saving to Suitors Clause
While most maritime injury cases are heard in federal court, the Saving to Suitors Clause grants state courts jurisdiction in certain cases.
State court jurisdiction is generally only granted in minor cases that can be resolved via common law remedies. While state procedural rules will apply, maritime substantive law governs the outcome.
If You Don’t Qualify as a Seaman?
You may have other legal options for pursuing compensation if you don’t qualify as a seaman. You may qualify for benefits under the Longshore and Harbor Workers’ Compensation Act. You may also be eligible to file a negligence lawsuit for additional damages.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is meant to protect injured maritime workers who don’t qualify as seamen under the Jones Act.
The law offers protections to maritime workers who are employed on:
- The navigable waters of the United States, yet don’t quality as seamen
- Shipping areas
- Terminals
- Docks or piers
- Wharves
The LHWCA functions more similarly to state workers’ compensation laws. Your damages are generally limited to medical costs, disability benefits and transportation costs.
Depending on the nature of your injuries, you may receive:
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent total disability benefits
- Permanent partial disability benefits
You may also qualify for vocational rehabilitation benefits if you won’t be able to return to the same line of work once you’ve recovered to the extent possible.
Maritime Law FAQs
How Do I Prove Negligence to Win a Maritime Injury Claim in Texas?
Your burden of proof will depend on the laws that apply in your case. Under the Jones Act, you must prove that you were a seaman and were injured on the job in the scope of your employment.
To recover additional damages based on negligence, you must prove:
- Your employer had a duty of care
- A breach of duty occurred
- The breach caused your accident
- You suffered damages
Our lawyers are here to help you gather the critical evidence you’ll need to prove your case. Contact us today to learn more about how we can help you win fair compensation.
Why Should I Hire a Houston Maritime Injury Attorney?
Maritime and admiralty laws are extremely complicated. As an injured worker, you may not know precisely which laws apply in your case. Your employer may also be pressuring you not to consult an attorney and handle things without legal intervention.
A Houston maritime injury attorney can:
- Identify your legal options
- Conduct an investigation and gather evidence to prove the cause of your accident
- Hire respected experts who can testify on your behalf
- Handle the paperwork and insurance communications
- Negotiate with the insurance companies to secure a full settlement
- File a lawsuit and fight for the money you deserve in court
- Represent you at all hearings
Most maritime lawsuits are handled in federal court. Typical personal injury claims are handled in Texas state courts. When you’re injured in an offshore accident, it’s critical to hire a lawyer who is experienced in handling maritime injury cases. Most personal injury lawyers simply don’t have that kind of experience.
What Should I Do After a Maritime Accident? – The Do’s & Don’ts
Maritime accidents are much different from your ordinary car accident on land. You can’t simply call 911 and wait for police and an ambulance to arrive.
However, there are some steps that you can take to protect yourself immediately after an accident, including:
- Radio the Coast Guard. If you need emergency medical attention and the ship cannot return to port, the U.S. Coast Guard may be able to dispatch a team to provide emergency medical care.
- Seek medical attention on the ship. If your vessel has a medical staff or infirmary, seek medical attention immediately. Otherwise, first aid can be used until you can reach a hospital on land. Getting prompt medical care can be critical to your recovery. It can also provide a causal link between the accident and injury.
- Report the injury. You only have a limited amount of time to report the injury to your employer. While the amount of time you have to tell your employer varies depending on the laws that apply in your case, it’s always smart to report the injuries as soon as possible.
- Document your injuries. If possible, use your phone to take photos and videos of the accident scene and injuries, noting general conditions in the area. While you may feel pressure to simply move on and keep working, documenting the scene can be critical to recovering fair compensation at a later date.
- Keep your records. Keep all documents, receipts and records related to the accident and injury. That includes any accident report prepared on the vessel, medical records and receipts for any expenses you have incurred.
- Refrain from signing documents. Employers and their insurance companies often push injured maritime workers to sign documents that may not be in their best interests. It’s always a good idea to have a lawyer review any documents before you sign–otherwise you could be signing away your rights.
Once you can, contact an experienced Houston maritime attorney. An experienced attorney can help you identify all avenues for recovering the financial compensation you need and deserve after an injury.
The Petrochemical Accidents
Petrochemicals are chemicals manufactured from raw petroleum materials like oil and natural gas. Texas’s vast petroleum resources has led to a booming petrochemical industry in the state. However, petrochemical jobs can be extremely dangerous for workers. Accidents occurring within petrochemical plants — including explosions — frequently result in catastrophic and fatal injuries.
Such accidents are often the result of:
- Employee mistakes
- Deficient training
- Equipment defects
- Inadequate maintenance
Since these accidents can typically be traced to human error, injured workers may have a personal injury claim against the plant or its owner.
How Long Do I Have to File a Maritime Injury Claim in Houston?
It’s always important to act quickly. Technically, you have three years to file a Jones Act claim. However, you only have seven days to notify your employer.
If the LHWCA applies, you have 30 days to notify your employer.
Contact Our Experienced Houston Maritime Injury Lawyers Today
If you were injured in a maritime accident, call a Houston maritime injury lawyer at Attorney Brian White Personal Injury Lawyers today. We have the skills to help you recover every dollar you deserve.
We’ve recovered millions of dollars for clients injured in maritime accidents. Contact our law firm or submit an online contact form to schedule a free consultation with one of our top-rated attorneys. We work on contingency, so you pay no attorney fees unless we win compensation for you.
Maritime Settlements
Most maritime injury claims are settled without the need for litigation. However, court/trial may be necessary in certain cases. You should work with an experienced attorney with a demonstrated history of trial success as you pursue your maritime injury claim. Attorney Brian White has recovered tens of millions in maritime injury compensation.
