trying to secure your rightful compensation following an incident at sea.
Workers who work offshore are in areas which are more risky than other occupations. Dredges, oil rigs vessels for cruises, as well as cargo vessels can be exposed to extreme temperatures and demand the most rigorous levels of maintenance. Employers who are negligent do not adhere to security and health standards, or to maintain the standards of their vessels and you get injured, you could be legally entitled to compensation under either maritime law or negligence.
Seamen as well as offshore workers daily face the risk of suffering an accident working. There are numerous dangers to be aware of during work on offshore vessels. These include explosions as well as explosions and gas leaks massive objects falling down, as well as severe weather conditions. The law governing maritime safety is designed to safeguard those working at sea, and assure that, in the event that they suffer an injury it is covered with adequate damages, such as the cost of maintenance and treatment.
The understanding of maritime law may be a bit complicated. A lot of people aren’t sure the kind of maritime law is applicable to the injury they claims. There have been many instances where people accept compensation from employers, which did not fully compensate for the cost of their injuries, and they were not capable of changing in the future. Therefore, it’s crucial to speak with a seasoned maritime lawyer as quickly as is possible after you’ve been hurt in the ocean.
ABRAHAM WATKINS – SPEAK TO OUR DEDICATED HOUSTON MARITIME LAWYERS TODAY!
The team at Abraham Watkins, we have been providing legal services to Texas for over 70 years. Texas for more than 70 years. This makes us among the longest-running legal firms in Texas. If you contact us our office, we’ll provide a dedicated Houston offshore accident lawyer for your matter, one who is skilled in helping victims get an amount of money in the aftermath of a variety of off-shore incidents.
In Abraham Watkins, we have an experienced team of maritime lawyers who are able to benefit with every step of your claim. We are aware of how challenging and stressful it is when you are injured while at work and having to fear about covering all of the expenses. This is why we are here be able to benefit you make an claim in accordance with the appropriate maritime law, so that you can be paid for the injuries you sustained and ensure you are protected in the event of an injury.
Reach us at any time to talk to one of our Houston maritime lawyer at our law firm on 713-335-9319 .
HOUSTON, GALVESTON, AND GULF COAST TEXAS ADMIRALTY & MARITIME LAWYER
Maritime law, often referred to as admiralty law, refers to a set of law that is applicable to maritime employees or employers as well as those hurt. In general, these laws regulate the entire spectrum of maritime incidents and accidents that take place on high seas. These include drilling platform incidents or dredge-related accidents. the accidents of cargo ships. “High seas” is a term used to describe water that extends beyond the borders of the territorial waters of a state or a state. Laws of maritime law apply to waters that are less than 12 miles from the shoreline.
WHAT IS MARITIME LAW?
Laws pertaining to maritime are one of the rules that apply to maritime employees as well as their employers and employers, along with others who operate on sea. These laws govern the consequences of the occurrence of oil platform disasters as well as dredge and cargo ship incidents in addition to every other kind of accident that takes place in navigable waters such as at sea’s high.
“High Seas” or “High Seas” refer to the waters of any body which is outside the regular waters that a state or state. The law of maritime also applies to territorial waters when they’re situated within 12 miles of shoreline.
They are among the oldest laws which still exist throughout the United States, and this makes them very complicated to interpret. In the last 50 years There have been numerous changes and attempts to update these laws, but they are often difficult and will require the assistance of skilled maritime lawyers to unravel.
NAVIGABLE WATERS
The maritime law has traditionally could be applied to events or accidents which occurred in the high seas. However the law now covers every “navigable waters” in the United States. Definition of navigable waters as per the law is sometimes unclear, and a lot of the legislation currently is in use relies on prior cases that attempted to clarify the understanding.
It means that every body of water which permits trade between a nation or power outside of it can be classified as navigable.
At present, navigable water can be classified as water that could serve as an “continued highway over which commerce is or may be carried on with other States or foreign countries.”. If the body of water allows commerce or trade between a state or with a foreign nation the water is covered by the law of maritime. Bodies of water which belong to larger “navigable waters” will also be covered by the law of maritime, even though they don’t directly connect with another country or state.
So the body of water which is sealed off by a bigger portion of land, known as “land-locked,” is governed by the law of the state rather than the federal law of maritime.
Where are Maritime Cases Heard in Houston, Texas?
Texas state law on maritime matters relies on federal law in accordance with Article III Section 2 of the United States Constitution. Therefore, federal courts are able to handle any case involving personal injuries as well as property damage that is navigable. The only place where states courts are able to apply their own discretion to is in regards to compensation procedures to victims.
While federal law is the sole source of protection for marine injuries, injured seamen as well as seamen are able to pursue maritime claims in federal and state tribunals in Houston. Workers who have been injured in the maritime industry can file an injury-related claim for personal damages in accordance with the Jones Act in Texas state courts. Offshore oil rig employees can file a federal lawsuit before the state court.
The overlap between federal and state maritime law is often complicated, and most people do not know whether they should make a claim in the Texas state court or a federal state. A maritime lawyer of our firm could provide you with advice regarding the merits of your case, and benefit to bring the case to an appropriate federal or state court.
If you’ve suffered injuries to yourself or a loved one as a result of an incident off shore, in navigable waters, or on high seas The Jones Act allows you to file a claim either in the federal court, as well as Texas the state court.
There are so many overlaps between the federal and state legislatures the maritime law can be difficult to understand. The perfect chance of success is always with an expert offshore lawyer who can represent your interests.
Important Maritime Law Acts in Texas
There are many various acts and sets of law that can be found in laws governing maritime and admiralty. These laws are among the most crucial and frequently utilized and are applicable to the vast majority of the cases that involve injuries to persons that occurs off shore. They cover benefits that you’re automatically eligible to, and the actions you must take in order to seek your rightful compensation.
Longshore and Harbor Workers Compensation Act
the Longshore and Harbor Workers’ Compensation Act (LHWCA) serves to provide compensation to a wide range of maritime workers. A few examples of employees who are eligible to claim compensation under this Act comprise:
- Harbor construction workers.
- Workers from Longshore.
- Dock workers.
- Cargo employees.
- Ship repairers.
- Shipbuilders.
To be able to file a claim for compensation under the law for maritime injuries it is necessary for the injured party to prove that they’re maritime workers and their accident occurred in navigable waters or next to these waters, which includes docks, piers and other structures.
If your incident occurred close to navigable waters for example, the dock, a pier or shipyard chances are you’re entitled to file a claim pursuant to this statute.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act is a supplementary law to the LHWCA. Employees who have been injured within the Outer Continental Shelf of the United States are entitled to submit a claim for injury pursuant to this act. It is necessary to prove that the activities were related to the exploration and production of natural resources.
If you are employed on the Outer Continental Shelf oil rig and you are a worker, you could be eligible to file a maritime accident claim in accordance with this Act. If, however, you’re working for government officials, the US government, foreign government, or state-level government, you’ll not be able to file an injury claim for personal injuries pursuant to the Outer Continental Shelf Lands Act.
Death on the High Seas Act
The greatest fear and possibly the worst thing that can occur on high seas is an accident which leads in the fatality of an employee. Every death that occurs in the high seas beyond the territorial waters, are protected by the death upon the High Seas Act. The Act allows relatives of employees and passengers who are killed due to the result of a shore accident due to “wrongful act, neglect, or default occurring on the high seas” may be sued.
Family members are only entitled to the cost of losses incurred by pecuniary loss such as financial assistance, and are unable to seek reimbursement for medical expenses or funeral expenses. The time limit for filing claims under the law is three years.
Jones Act
The Jones Act, also referred to as the Merchant Marine Act, was created in 1920. It covers all the right of seamen to bring lawsuits against employers in the event of injuries sustained while working offshore. According to the Jones Act, workers have the right to file a claims for compensation against their employers in the event that they are solely or partly at fault for their injuries. Therefore, your employer is only required to have an active role in your personal injury for you to receive the compensation. A few instances of negligence that are that are covered by this law include:
- The failure to maintain and verify that seamen’s equipment is safe.
- Being aware of extreme weather conditions but not taking precautions to avoid the risk of them.
- Intentionally giving erroneous directions and directives to employees.
- Inability to prepare medical care to workers injured.
Seamen who have been injured can file a claim for personal injuries against their employer for total or part of the negligence, at a federal or state court. The injured workers also have the opportunity of submitting to be efforts by a jury. In order to bring a case pursuant to the Merchant Marine Act, you must consult a knowledgeable maritime lawyer to benefit to bring your case. The claims under the Merchant Marine Act are often complicated, and lawyers in Texas lawyer will benefit to gather the evidence you need to make a compelling case as well as warrant that you are awarded the right settlement for your injury.
If you or someone that you care about has been hurt off-shore, and the injury occurred because of the negligence of the person responsible for them You must connect with an experienced personal injury lawyer promptly. If you contact them as soon as possible to benefit, the higher your odds getting complete settlement.
Limitation of Liability Act
The Limitation of Liability Act allows boat owners to reduce their responsibility for cases involving the damages and injuries that their vessels cause. If you’re injured by any vessel like the personal watercraft of a cargo vessel, and sustain severe injuries due to the accident that the proprietor of the vessel may have the ability to minimize their liability, and reduce the amount you could receive.
In order to be able to use the provisions of this Act to benefit from this Act, owners of vessels have to prove that they did not have prior knowledge of any issues or damages the vessel.
Since the Limitation of Liability Act is controlled by “Admiralty Law” it means that the matter must be considered by a judge, and judges are the sole judge in determining the decision.
Since your case may need to be examined by a judge the accurate method of avoiding the possibility of a ruling against you is having your lawyer argue the most persuasive evidence. If the owner of a boat opts to use to apply the Limitation of Liability Act, the amount you can receive will be significantly less. Therefore, it’s strongly recommended to take benefit from knowledgeable maritime lawyers who will prove that the owner of the boat did know about the potential dangers involved in with the boat, and they must be held accountable for the injuries you sustained.
Seamans Right to Maintenance and Cure
Seamen’s right of maintenance and cure is comparable to the worker’s comp. When a crew member or captain has an off-shore injury the employer has to provide them with maintenance and expenses for treatment. The term “cure” refers to medical expenses related to injuries sustained in the course of their work or on-shore. Maintenance benefits benefit pay for the cost of living.
While these benefits are in effect, won’t be much as significant as the amount that you could receive through a maritime injuries lawsuit.. Also, you are not required to prove the negligence of your employer for these maintenance or cure benefits.
Benefits for maintenance and curing are provided to employees until they achieve the maximum level of medical improvement. This will be determined by a medical professional or physician. Employers do not need establish that their employer is responsible for the injury as the benefits are based under a no-fault policy.
Common Maritime Injury Cases in Houston, Texas
A lot of offshore workers are at risk of their lives to perform work each day. Because of the nature of a lot of maritime positions, they could be severely injured due to dangerous environments like heaving fallen objects or gas malfunctioning machines, and many more. Laws governing maritime law and admiralty provide for employees to receive compensation for accidents and warrant the medical expenses are paid for.
Explosions and fires, items falling from high places or on slippery floors, as well as malfunctioning machinery could all result in situations where an employee is hurt or worse, even dead.
It is crucial to consult an experienced lawyer for offshore accidents If you’ve had to deal with any sort of offshore incident, which includes the ones listed below.
Jack-up Rig Accidents
Most often, the causes for the jack-up accidents is the collapse and explosions. Oil rigs are very dangerous and numerous accidents happen every year. But, in many cases, taking the proper precautions to protect yourself as well as ensuring that jack-ups are properly installed could benefit to prevent accidents occurring.
Jack-up rigs are the most popular kind of oil rig which can be used to install turbines vessels, as well as MODUs, mobile offshore drilling units (MODU). These rigs are quite mobile, and should be setup in a safe manner with secured legs mounted to the floor of the ocean. The people who manage jack-up rigs need to be careful to warrant that the jack-up device is properly set up and is solid.
In the event that a jack-up truck falls down or if there’s an explosion or fire that occurs on board, people could end up dead or badly wounded. Investigations must be conducted to determine the cause.
If you or a member of your family were the victim of the jack-up maritime accident and sustained a personal injury because of it then you must make contact with one of the maritime lawyers at our law firm to benefit with an insurance claim.
Oil Platform Accidents
Petroleum platforms can be dangerous and challenging workplaces. Every year, maritime workers suffer injuries from explosions, fires or collisions as well as unsafe equipment for work and many more. In particular, on offshore drilling rigs in areas like the Gulf Coast region of Mexico the number of injuries has been in excess of 1500 maritime workers injured and 60 deaths since 2001 2009 caused by numerous avoidable explosions as well as flames.
If you’re someone who has been injured by a maritime employee at an oil platform you could be able to file an action in the Jones Act and general maritime law that allows you to have any medical bills and expenses paid by the employer. If you’ve suffered an injury on the offshore or a loved one suffered a loss of their life because of the carelessness of your employer, it is recommended that you take benefit by a seasoned maritime lawyer for offshore accidents that can benefit to file an insurance claim.
Dredge Accidents
Dredge employees are accountable to clear harbors, rivers and other places of rubbish, water weeds or mud and other obstructive feeling that could hinder waterways. Dredge workers to suffer injuries caused by being crushed due defective or malfunctioning machines, falling material and other objects, as well as slipping and falling.
Even though most dredges work in water that is shallow or onshore, dredgers have all the legal rights and protections that others working offshore. In the event that you suffer an injury on the offshore due to dredge work working, or if you are able to prove that the injury was caused entirely or partially by the employer you work for or employer, you may file an injury compensation claim pursuant to the Jones Act.
Deck Accidents
Deck injuries are a common event due to the various dangers that are often encountered onboard vessels as well as shipyards and oil drilling rigs. Falls and slips occur frequently because of the deck of the vessel getting wet and exposing to sunlight. But, we’ve assisted clients who have suffered from a myriad of types of deck injuries, which result from
- Moving or low-hanging objects.
- Extreme weather or dangerous conditions.
- Fallsing objects.
- Human error.
- Equipment that is failing or malfunctioning.
Deck injuries can lead to fractured bones, brain injuries and internal organ injury or even death. In the event that these injuries are because of the negligence of a vessel’s owner or the negligence of the boss, an maritime lawyer may be able to benefit to recover compensation as well as the damages.
Cargo Ship Accidents
The maritime cargo industry is among the most important commerce industries in America and it is responsible for the transportation of greater than 90% of all merchandise globally. As the growth continues to grow in this sector and the ever-growing need for trade expansion shipping workers, more maritime professionals are starting to be employed on vessels for cargo.
Since cargo ships typically transport heavy cargo, machines chemical, large shipping containers, there’s always a high risk that an accident could occur. Some common cargo ship accidents include:
- Falling objects cause crushing accidents.
- Explosions and fires.
- Chemical releases.
- Cargo sliding.
- Accidents involving machinery.
Because cargo vessels typically transport valuable goods, they’re more susceptible to attack by pirates and can result in people working offshore being attacked on deck. If you’ve been by an incident on an cargo ship, causing your personal injury, consult with a seasoned Houston maritime attorney to seek benefit to resolve your situation. They will benefit to file an claim against the person who caused your injury in order to receive damages.
Cruise Ship Accidents
If you’re a ship’s employee is a bit difficult to file an action against the employer. The workers on cruise ships often contract with clauses designed to help or shield employers from claims for injury.
This is because cruise ships are an extremely common site for workers to become wounded. Workers on cruise ships can get injured when they conduct excursions, or even attacked by drunken passengers. The risk remains of falling objects as well as deck-related accidents.
If you or your family members has suffered injuries from maritime accidents when on a cruise vessel it is important to speak with an expert maritime lawyer as fast as you can. In these instances, proving the liability may be a difficult task due to the fact that a cruise ship might be affiliated with different tour operators or might attempt to absolve itself of the responsibility. A maritime lawyer who has experience working on cruise ship collisions will benefit warrant that you’re properly compensated.
Common Injuries Sustained By Maritime Workers in Houston, Texas
In the event of an incident that occurs offshore, a maritime worker can suffer severe or catastrophic injuries. The law governing maritime accidents ensures that employees can claim the compensation they deserve for their injuries, but, frequently, vessel owners and employers do not want to provide large sums of money in compensation. If you file a lawsuit, or seeking benefit by an Houston attorney for offshore accidents you will significantly improve the chances of being the right amount of compensation.
The most of the most common accidents experienced through our Houston maritime attorneys are:
Crush Injuries
The personal injury lawyers with Abraham Watkins have been able to assist numerous maritime workers receive damages for crushing injuries. Because of the weight of machines and fallen objects offshore workers face greater chance of losing their limbs or being paralyzed as a result of an accident that crushes them. Most often, when large quantities of material or sediment falls off the top of a tall object, like a dredge or when a cargo item is unstable and falls across the vessel, it may result in a person’s legs or arms to become crushed during the process.
In the event of being crushed, a number of offshore workers are forced to have their legs amputated or experience crippledness as a result of the accident. In addition to the physical consequences caused by being crushed, people frequently suffer from physical injuries and extreme trauma as a result of the crash.
Burn Injuries
Burn burn injuries are a different common injuries for seamen and offshore workers. Most of the time burn injuries, they are the most serious injuries that one can experience which can cause both physical damage and psychological distress resulting from the serious injury.
Burn injuries at sea are often caused by flames or gas explosions or electrical explosions that arise due to faulty wires, or contact toxic chemicals or hazardous substances or fires within the engine room on a vessel. Such accidents can be a major concern for many workers working employed in the maritime sector which puts workers constantly at risk by working.
Burns injuries vary between minor burns of the first degree to more severe third-degree burns which require skin grafts, and prompt medical care. If you are suffering from a third degree burn, you’re more prone to contracting an infection, sepsis or hypothermia, as well as other problems. No matter how severe the injury to your body is, you still have the right to receive your medical bills protected by the maritime law. Talk to an one of our Houston maritime lawyers if were injured by a fire on the sea.
Brain Injuries
There are two kinds of brain injury that an individual working in the sea may suffer: an open head injury as well as closed head injuries. In the case of an open head injury where the skull is damaged, it may have been fractured open or broken. A closed head injury will not result in the skull being damaged or fractured the type of injury tend to have complications that last for a long time which are hard to an medical skillful to identify in the beginning.
A head injury on the sea could be the result of falling objects, inadequate safety equipment as well as a slip-and-fall accident, or even a cargo incident. The most common signs of brain injury consist of loss of memory seizures, depression, paralysis and cognitive impairment.
What Rights do Injured Maritime Workers Have in Houston, Texas?
It is essential to remain conscious of your rights under the law as a maritime professional in all instances. If you are involved in an accident off the coast and sustain injuries it is important to warrant that you are able to access to medical care and that your rights are being protected and that you’re financially provided for. Any maritime worker who is injured has protected by the following rights:
- Medical treatmentUnder the Jones Act, all injured maritime workers can get medical care that is paid for by financial. Workers who are injured do not need to concers about obtaining insurance or paying medical costs because they’re eligible to financial maintenance as well as all medical benefits. If you suffered from a prior injury that was made more severe by the incident on the water the employer has to grant adequate coverage for your medical treatments. In the event the one doctor claims that you require medical attention, but another declares that the treatment isn’t necessary and you are not, you are covered under the Jones Act ebbs in favor that you receive treatments.
- Maintenance benefitBenefits for maintenance impart cash assistance for your costs of living while recuperating from your injury in the offshore.
- Your choice of physician –All employees injured on the job are entitled to select the medical well-qualified who treats their injuries. There is a possibility that you will need to undergo an initial examination with the doctor suggested by your insurance provider or employer. However , who you pick to be treated by will be at your own discretion.
- Accident statement that is not recorded —When you first get injured during a maritime incident and you are injured, you should inform your employer, or the relevant person at the scene of the accident. You aren’t legally required to focus on providing a written report of the incident. In many cases, the shock and pain could make people confuse details or become confused at first this is the reason you shouldn’t make a record of a declaration which you might require to amend to a later time.
What Damages Can a Houston Offshore Accident Lawyer Help Me Recover?
In accordance with maritime law you can claim the damages incurred by any incident that happens off. Most of the time there is a need to file a claim for the costs of maintenance and cure for your everyday expense of living as well as medical expenses.
There are times when the employer might not wish to give you what you’re actually due. In most cases, they endeavor to make employees sign off on any settlement or payment that isn’t satisfying for the actual cost of damage and injuries. Employees, who might not understand their legal rights, could accept the offer, agreeing to these payments, and abstaining from the rights to seek any other payments.
Always consult with a personal injury lawyer who is dedicated. They’ll be aware of the rights you have and can warrant the full extent of your injuries is taken into consideration.
A Houston attorney for maritime injuries can benefit to file a claim to the following claims:
- Jones Act claims in relation to medical expenses related to the injuries you sustained.
- Costs for maintenance and treatment of everyday living costs.
- Claim for unseaworthiness if you suffered injuries that were caused by inadequate equipment or the condition of your vessel.
- Negligence claim.
You can make more than one maritime accident claim in a row depending on the situation. If you do this you will boost the amount that you could receive. Consult an Houston maritime lawyer to find out how much you’re eligible to.
Filing a Negligence Claim For a Maritime Injury in Houston, Texas
If you’re not able to obtain compensation in accordance with the maritime laws or general laws, or would like to file multiple maritime injury claim, our attorneys can benefit to file an action for negligence against the individual or group accountable for the injuries you sustained. In a few cases some of our clients have filed an Jones Act claim for medical costs against their employers and at the same time making a claim for negligence against the non-employer owner of the vessel.
We at Abraham Watkins, we benefit clients throughout Texas that’s why we will assign you an lawyer. If, for instance, you are a resident of Houston while you’re back in the water, we will give you an Houston personal injury lawyer at our office located in Houston which gives clients the benefits of having an attorney who is familiar with the local area of the courts and judges.
The maritime negligence claim works similarly to a normal personal injury lawsuit. To establish a claim for negligence the maritime lawyer has to show that the person:
- You are owed a duty of taking care.
- Infringed on this duty because of negligence or carelessness.
- The injury or harm your suffered was directly caused through the breach of duty to care.
- There were damages that you suffered because of it from the loss of income, medical bills or pain and suffering or an unjust death.
These claims are often tricky and hard to prove because employers and owners of vessels often possess a vast amount of money and attorneys are fighting in order to warrant that you don’t be compensated for extra damages. In order to assure that your claim for negligence will be successful, it’s essential that you seek benefit from a maritime injuries attorney.
Damages In a Maritime Negligence Claim
The amount of damages that a worker is able to receive in the event of a negligence case may be more than the amount they are allowed under maritime law and the laws. The amount that you may receive is contingent upon the specific damages you’re eligible to. The greater the amount of damages you are able to show, the higher the compensation you can claim. An Houston maritime lawyer could benefit to file for the following types of damages:
Medical Costs
In the event of a claim for negligence in a negligence case, you have the right to claim the compensation from all medical costs. That includes the cost of previous treatment as well as the expense of any further treatments you may require due to the accidents.
If you are seeking long-term treatment Your maritime lawyer may request the benefit from a specialist to assess what a lifetime of treatment could cost with regards to costs and allow them to seek this sum.
Lost Wages
In the event of an injury typically, you’ll have to miss work for a period of time in many instances the result will be the loss of wages or of earnings. It can cause anxiety particularly when you are faced with obligations to meet.
There are some injuries that are so devastating that an individual will never ever be able again back to work in the same extent. If this happens an attorney is required to determine how much that loss of earning capacity is equivalent to.
Non-economic Damages
The non-economic losses are ones which are more subjective and difficult to quantify using numbers. The most common type of non-economic damages is discomfort and pain. The pain you endure and emotional trauma the injury caused to the victim should be compensated as well as your damages that are not economic ought to reflect this.
- In the unfortunate event that you have lost a family member through an accident or mishap in the sea An attorney for maritime injuries will benefit warrant that you are compensated for the funeral expenses paid and, in certain cases, the loss of income to the household of your family.
Even though workers are in most instances entitled to medical expenses as well as maintenance fees under laws governing maritime however, it is possible to get more compensation when you file a negligence lawsuit. Our offshore injury lawyers will benefit assist you in the procedure to file a negligence claim to assure that you are awarded the amount you are due to cover your losses.
For a start on your claim, you must get in touch with an experienced offshore injury attorney.
