Houston Maritime Attorneys

We Serve Injured Maritime Workers Nationwide. Offices in Texas & Louisiana.

Like any other profession seamen face the risk of being injured at work anytime they work their feet. The courts are aware of this fact and work to ensure the safety of injured seamen using the general maritime law. Laws governing maritime provides workers who’ve suffered injuries while working offshore or working in maritime industries the opportunity to seek reimbursement for the suffering caused by medical problems. The following laws provide the foundation for legality of maritime:

• Jones Act
• Death on the High Seas Act
• Limitation of Liability Act
• Longshoreman & Harbor Workers Compensation Act

General maritime law provides the foundation for any injuries suffered by seamen. It is crucial to have an understanding of the general law prior to diving into the legislation that follows.

How to Choose the Right Maritime Injury Attorney

The maritime law is often complex. While these laws were created to safeguard those rights of marine workers who are injured or become sick but they are also difficult to follow. It is for this reason that it’s essential to get legal advice by an attorney with an extensive background in the field of law. It’s crucial to pick an expert maritime attorney. If you are choosing an attorney it is important to be sure to inquire about the variety of maritime disputes they’ve efforts. Do not allow a lawyer to play around with your inquiries You must choose one who can provide honest and direct responses to any questions you may have.

Abogados de lesiones por accidentes maritimos y en alta mar en Houston

The Basics of Maritime Law

Laws pertaining to maritime law are developed from numerous sources, such as the federal laws and maritime law. These documents focus on providing some maritime laws that are frequently employed in the case of vessels, passengers as well as crew.

The law governing maritime matters lays out some of the most fundamental norms of the law pertaining to the maritime industry and seamen which include:

• Seaman’s right to maintenance and cure maintenance and cure are the benefits that the seaman has until they recover and are physically fit for work. But, there’s an upper limit on medical improvement which can limit the amount of compensation that is received. Maintenance can include expenses like the cost of rent or mortgage for a seaman as well as property taxes, utility costs homeowner’s insurance food. The Cure program is similar to the workers indemnity benefits to employees. It covers the costs associated with medical treatments in the event of an injury at work. The term “seaman” refers to someone who is a captain or a crew participant on a vessel that is in navigation. In addition to the maintenance and cure doesn’t have the requirement that a seaman show the responsibility for their injuries. The company is responsible for paying.
• The Jones Act: The Jones Act is a federal law giving seamen the legally-enforceable right to sue an employers for damages resulting from personal injuries. But, the seaman has to work for at least 30% of their time employed on the vessel to be eligible as a subject of this right under Jones Act. The Jones Act offer additional the seaman with a legal remedy to sue their employer it also reduces any burden in order to establish the causation of employer’s negligence and the employee’s injuries. Under the Jones Act, the employer’s negligence is only required to be an integral role in the seaman’s injuries, not be an proximate source. In addition, the Jones Act also incorporates aspects of the Federal Employment Liability Act. For instance, any claims made in state courts in the Jones Act are not removable from federal courts.
• The Death on the High Seas Act when the death of a person resulted from a negligent negligence or act that occurred at sea The DOHSA assures that the person who is the personal representative for the deceased may bring a case.
• “The Savings to Suitors Clause”: Federal law establishes only the exclusive jurisdiction over admiralty cases as well as maritime matters in federal district courts, notwithstanding any wording that indicates otherwise in legal rights that are created by statute like the Jones Act. The “saving to suitors” clause allows for any other non-admiralty remedy that are open for an individual. One example of a remedy in admiralty is when the claim is filed against a ship.
• Longshore and Harbor Workers Compensation Act : Federal law created specific legal rights for workers who are who are not “seamen” but who nonetheless are employed on vessels or harbors which are in repair or are being constructed. The law applies to the longshore, ship repairers Shipbuilders, shipbreakers or shipbuilders, as well as harbor construction workers. Accidents must take place within navigable waters, or in the adjacent area for example, docks. The law offers indemnity and medical treatment to an injured person at work, or survivorship benefits. In addition, the Outer Continental Shelf Lands Act also extends the LHWCA to workers who are engaged in drilling offshore in the Outer Continental Shelf.

History of Admiralty & Maritime Law

Maritime law, sometimes referred to as admiralty law, is as ancient as the maritime industry in general and is the basis for most incidents that happen on navigable waterways. The origins of the law are traced to the unwritten rules of maritime behavior among Egyptians as well as Greeks. But the first formal codes were formulated in the year 990 BC in Rhodes, the Greek island Rhodes. The first maritime laws and codes were derived from old customs and regulations for shipping.

In particular For instance, it is the Doctrine of General Average–the idea that the sea cargo stakeholder (owner and shipper.) are equally responsible for any damages or loss which may arise due to the voluntary surrender of a portion of the cargo or vessel to preserve the entirety of the cargo tracked back to the earlier shipping rules that were practiced by the Rhodians.

The idea of an autonomous legal authority for regulating maritime disputes was first introduced to the West via Eleanor of Aquitaine who came across this concept while accompanying her husband, of the king Louis VII of France to the Mediterranean during the Second Crusade. The word Admiralty Law was derived directly from British admiralty courts which were responsible for maritime issues separately from the common law courts in England. Because it is the case that our U.S. judicial system is built on its British system, amendments to the admiralty law was gradually integrated in our legal system just when the Constitution was approved.

Although still built upon industry standards and customs and customs, maritime law is contained within the U.S. Constitution, treatises and international agreements and federal statutes. They also include the general maritime law and additional judicial decisions as well as administrative regulations and customs.

When Does Maritime Law Apply?

Most importantly, maritime law is applicable to all events that take place on high seas – accidents that occur beyond territorial waters of any nation. Additionally, maritime law extends to the territorial seas as well as waters that are which are less than 12 miles from the shoreline. The law’s application gets less apparent further in the inland. At the beginning of U.S. history, maritime law was not applicable to any incidents occurring in the “body of the country” thus excluding incidents involving those of the Great Lakes and nontidal inland waters. But, through the nineteenth century, the excluded status was eroded.

The maritime law has been used in “navigable waters.”

A river is considered navigable when it is on its own, or through the joining of other water bodies, it is able to function as the “continued highway over which commerce is or may be carried on with other States or foreign countries.” In other words that if a body water is entirely landlocked within the boundaries of a single state it’s not navigable to the point of admiralty jurisdiction. But, a body of water does not have to travel between states in order in order to be considered navigable. A body of water could be considered navigable if it’s a part of the chain of bodies of water which can be utilized to facilitate interstate trade. In the end, the requirement is that commerce from the state in question must be able to flow across state lines or into a overseas nation. After this test is accepted, it’s probable that the maritime law would become relevant, even if the vessel is a leisure vessel.

Jurisdiction in Maritime Law Cases

The U.S., jurisdiction over Admiralty law issues was initially granted to federal courts. Today, the majority of admiralty matters will be handled by federal and state courts, under the Save to Suitors Clause contained in Title 28 of the United States Code (28 U.S.C. SS 1333). However, the exception is all maritime property issues that can be efforts before a federal court. When a state court has jurisdiction over a case involving admiralty it is obliged to apply the admiralty laws.

Maritime Law as It Applies to Employers

The general maritime law states that ship owners must ensure that their vessels are maintained to an established standards. Being the owner and employer of the vessel, it is their responsibility to ensure the structure and safety of the vessel to assure the safety of the employees who work onboard. The manning, the equipping and providing the vessel with equipment are all essential elements of a ship’s owner’s responsibility under the maritime law. In the event that employees of the ship is injured or becomes sick due to the ship’s insufficient safety, the owner of the vessel will be accountable for the losses.

How Does Maritime Law Provide for Hurt Workers?

In the absence of maritime law, injured seamen could be to their own to deal in the midst of suffering when working. When a seaman is unwell or injured, the ship owner has to pay the losses. Laws governing maritime refer to the reimbursement in terms of maintenance and treatment, which means that as long as the person recovers, employers must impart the necessary treatment for their condition. The law courts view this obligation as an indisputable duty the shipowner has to pay any seaman who is aboard the vessel. The seafarers are also entitled to claim their wages in full during their voyage, if they suffered injuries or illnesses. The terms of an employment contract can determine how much unearned wage the seaman is entitled to.

Incidents That Require Texas Maritime Accident Attorneys

Houston maritime injury lawyers are there in order to benefit injured seamen and dockworkers receive the money they require to heal from injuries that are serious and pay for ongoing medical expenses incurred off the coast. It includes all accident that occurs in “navigable waters” (rivers and ocean) as well as in harbors and docks.

Our maritime attorneys have represented clients who have been injured in the following:

• Rig accidents involving Jack-ups
• Barge and tugboat accidents
• Deck accidents
• Accidents involving commercial fishing
• Falls and falls overboard
• Cargo ship accidents
• Dredge accidents
• Platform accidents on oil
• Shipyard accidents
• Cruise ship collisions

A notable feature of maritime incidents is that they’re usually catastrophic. The explosions of oil rigs result in significant injuries, and vessel collisions often result in catastrophic injuries, and oil platforms may in a way, unfairly alter the lives of people working on them. Lawyers for maritime companies battle to benefit victims receive the benefits they are due, regardless of whether they’re suffering from a devastating accident or are injured due to unsafe work conditions. Our maritime lawyers were the ones who represented more crew members from the Deepwater Horizon and the El Faro than any other law firm. We do not just know maritime law but also the procedures and the culture of employers who work in maritime companies. Talk to us about your situation so that we can review your financial and legal options.

Understanding Maritime Injuries

In 2013 in 2013, the Core topics for Disease Control released an report that examined fatal maritime accidents between 2003 and. The report found that workers in the offshore gas and oil industry have seven times the risk to die than people working who work in other fields.

The petroleum and gas sector isn’t the only sector that’s a common cause of maritime injury.

If someone is on the vessel or employed in the maritime sector the risk of danger is present the vessel’s owners as well as employers should take the appropriate steps to safeguard them.

The people who manage the vessel are accountable for any maritime accidents. Employers and vessel owners have to warrant that they bring the safety education for their employees as well as warrant that their vessels as well as rigs are safe. This holds true regardless of natural disasters or severe storms such as hurricanes or tropical storms. Stormy seas do not impart a cause for a boat to capsize or sinking, especially if the captain was aware of the hurricane and did not evacuate the personnel or to take steps to avoid it.

Employers and the owners of the vessel are accountable for ensuring that the following are in place:

• Safety-related training
• Equipment for safety
• Vessel maintenance
• Safe work practices

Workers who suffer injury to their vessels have the chance to recover through an act called the Jones Act.

Recovering Full Costs for Maritime & Offshore Accidents

In the event of a catastrophic incident, seamen who are injured could be faced with a variety of expenses. They do not just result in immediate consequences however, they can be a problem for a long time. Most of the time the effects immediately are evident in the absence of get work done, high costs, along with the discomfort and suffering caused by the illness or injury. The future expenses of rehabilitation are commonly widely known. However, it’s difficult to know how much the repercussions from an injury are. In a few instances, an patient may require ongoing medical treatment or die from adverse consequences. Because of this, it is essential for the person injured as well as their families receive fair compensation to compensate for their injuries under the maritime law.

Take into consideration the costs caused by any maritime accident or the death of a seaman

• Hospitalization
• Rehabilitation for the long-term
• In-home care
• Loss of wages and earning capacity
• Financial and emotional counseling
• Rehabilitation from vocational rehabilitation

Catastrophic Maritime Injuries

Sometimes accidents on the offshore can result in injuries such that they alter the life of a person for ever. The types of injuries that are so common that both the legal and medical society has their own term for them, which is devastating injury. If a person suffers such a type of offshore injury they will most likely have a lasting impact on their lives. Certain conditions mean that someone isn’t able to earn money through physical work the way they did in the past. Other times, it implies that all aspects of one’s life has been affected by the extent of the injuries they sustain.

Injuries to the maritime environment that alter the lives of people include:

• Traumatic brain injury (TBI)
• Injuries to the spinal cord
• Paralysis
• Amputation
• Burn injuries
• Crush injuries

Most often, offshore injuries will require years of medical treatment. When a worker is suffering due to an injury they did not cause the cause, they are entitled to compensation for medical treatment that can ensure their lives are as relaxed as it is.

Maritime Burn Injuries

The most serious injury that could happen in an incident on the sea is a burn. If you’ve suffered a burning injury in a maritime collision you must seek out a top Houston legal skillful for maritime burns promptly. Arnold & Itkin has helped thousands of seamen injured in fighting to protect their rights, such as the ones who sustained serious burns while working in offshore. Professional maritime workers are aware that fires could be ignited in a variety of offshore settings. The result can be grave burns.

Common reasons for burn injuries sustained offshore comprise these:

• contact for dangerous chemicals : Chemicals that are highly flammable can lead to serious burns.
• Electrical accidents : A faulty or unsafely used electrical equipment could ignite the possibility of a fire.
• Engine Room Fires: In the engine room, malfunctions can cause fires. room could trigger an explosion or a fire.
• Equipment malfunctions: Equipment that is unsafe or malfunctioning may cause flame.
• Explosions The cause is highly flammable chemical substances used in vessels and in equipment onboard.

Types of Burn Injuries a Maritime Worker Can Experience

There are various types of burns based on their degree of the burn. Injuries to the skin can be caused due to extreme heat, electricity or radiation, chemicals or even friction. These burn dangers exist on ships that are used for sea travel as well as offshore oil rigs.

Burn injuries be mild or life-threatening burns. These include:

• First-Degree Burns It is typically superficial burns that do not require medical treatment.
• Second-Degree Burns It is a more serious burn which can cause blisters, and can extend to beneath the surface.
• Third and Fourth Degree Burns They are among the most dangerous burn injuries since they are affixed to the whole layer of tissues that lie below the surface. It is comprised of structures like nerve endings, sweat glands and hair follicles as well as blood capillaries. The burns are more serious and need a more prolonged healing time.

Serious Burn Injury Complications

• Hypothermia caused by the body’s loss of heat from damaged skin.
• hypovolemiafrom the damaged blood vessels, causing the body to shed liquids and blood.
• Infections caused by the deficiency of barriers to protect the skin’s damage.
• Joint problems could be caused by the accumulation of scar tissues.
• Sepsis is a result of an infection. This is a serious disease.

Maritime Brain Injuries

In the maritime industry, head injuries are commonplace. maritime industries. Depending on extent of the injury permanent treatment is often required. Sometimes, it might appear that the accident could be prevented, but actually there are many instances where brain injury injuries might have been avoided using the right steps. If this is the case then you might be eligible to claim compensation.

The most frequent causes of brain injury are:

• Broken equipment
• Accidents involving conveyor belts
• Cargo and crane accidents
• Safety guidelines that are not properly followed or training
• Storage of equipment that is not properly
• Insufficient safety equipment
• Poor ship maintenance
• Falls and slips

Types of Brain Injuries & Common Symptoms

If a marine worker experiences an injury to the head, it’s either an open head injury or one that is open. An open head injury occurs one that doesn’t result in the skull to fracture or fractured. It can also cause the skull to be damaged. A head injury that is open occurs when the skull is damaged or broken. Though open head traumas may appear to be more severe but closed head injuries can be hard to identify and may require a lengthy medical treatment. The most common symptoms associated with head injuries are:

• Cognitive damage Memory loss, difficulty when it comes to concentration and paying attention.
• Sensory Signs Vision loss and hearing loss. Also, the loss of smell, taste or.
• Physical symptoms Headaches, seizures and insomnia. persistent pain or problems with speaking.
• Emotional/Behavioral Symptoms Irritability, depression, anger, and extreme mood shifts.

A brain injury can cause serious harm to employees’ lives changing their character and ability to earn money. If brain injuries occur due to the fault of a coworker or employer who has been negligent, it is essential for the person who suffered an injury to make the responsible parties accountable for themselves, the benefit of others as well as the benefit of their loved ones.

Maritime Amputation Injuries

Though not all maritime-related injuries result from carelessness, this is typically the situation with amputations. When an employer or operator fails to keep equipment maintained and train their crew or establish a safe work space, it could result in severe accidents.

These accidents could be due to these factors:

• Cargo that is not secured
• Navigation collisions
• Safety equipment is not properly maintained and there is no education
• Equipment that is malfunctioning or defective

It is essential that you work with machines and equipment that are regularly maintained in order to ensure it functions properly. It is the responsibility of the employer to warrant that employees are educated to operate the machine. If your employer hasn’t adhered to this requirement and you were injured because of it then he has been negligent and needs to be responsible.

Amputation Treatment

Surgery is needed to fix an injured limb, or amputate the leg. If you’ve had surgery, you might require extensive psychological and physical treatment to benefit adapt to the change of losing a limb, or together prosthetics. The cost of these payments can be hard for a wounded maritime well-qualified to manage in particular when they are taking care of a household. Our company often needs in order to benefit our clients regain their financial security following expensive medical procedures. This is the reason it’s essential to get in touch with an attorney who handles maritime accidents immediately.

What Are Common Causes of Maritime Injuries?

Most of the time, maritime injuries include accidents that could be avoided but weren’t. It is the responsibility of employers and owners to stop these incidents and to protect their employees.

Injuries to the maritime sector are typically due to:

• Dangerous deck conditions
• Exposition to toxic chemicals
• Excessive fires and explosions
• Ships that are not seaworthy
• Sailing in dangerous conditions
• Safety training is not provided.
• Closed-off spaces
• Dropping objects
• Mechanical problems
• Slips and falls

Maritime Injuries: Do You Know Your Rights?

In the aftermath of an incident, among the most crucial actions you could take is assure the needs of all fulfilled. But this isn’t always easy. Thus, it’s crucial to be aware of the potential for a number of issues to have a negative impact.

• Remember that that you are legally entitled to the right to choose your physician. Don’t feel obliged to pick the physician’s office or physician who your insurance or business may have pushed on you. Most of the time, you’ll have consult with the physician recommended to get an assessment however, this is not the only obligation you have to fulfill. The doctor you decide to see is your choice, and you shouldn’t be swayed by any company or adjuster that you are dealing with on the case you are facing.
• The second reason is that you have the right to receive medical care. Medical benefits is covered under the Jones Act, so injured workers do not have to concers about receiving compensation for their recovery. It is the same regardless of the person responsible for the incident. In addition the Jones Act protects injured seamen that may receive differing views by medical professionals. That means that, when one physician recommends the treatment, while another doctor claims that it’s not needed The disagreement is settled in favor of treatment. Unfortunately, many seamen who have been injured were not injured at first. If a pre-existing health condition becomes worse, employers must assure that adequate insurance coverage will be provided. All you need is an affirmative statement by your physician on behalf of you. Your rights include the benefits of medical care and payment for financial maintenance, regardless of regardless of whether or not you agree to sign the paperwork provided from an adjuster for insurance. It is the accurate wishes to stay clear of any paperwork presented to the attention of an insurance adjuster. They often do not take your security and wellbeing as a top priority. Therefore, it is perfect to not sign all documents if it is the case that maintenance or medical benefit payment depend on your signature.
• The third point is that it is not mandatory to make a written statement following any kind of accident or accident. Naturally, logging the incident as swiftly as is possible is the most important part of the process, However, careful attention should be given attention to the reality that numerous incidents can impact the brain and memory of someone who has been injured. It is therefore not advisable to make a record of the events which may require adjustment, a procedure which can be extremely complicated.

Beginning with the file of a claim, to the process of preparing and presenting an appeal There are plenty scenarios in which you could lose your rights. Employers and insurance firms that are uncaring do not care much, if any, for the health of employees injured. This is why it’s imperative to get legal advice by an attorney who takes take care of injured employees.

What Should I Do After a Maritime Accident?

Five things to do following an incident on the water:

• See a doctor for the care you require.
• Inform your employer about the accident.
• Gather all the information you can regarding your accident, the person the person who witnessed it, as well as the events that led up to it.
• Do not sign any document or answer any question, or provide any statement.
• Contact a maritime lawyer.

Always consult an attorney after any shipwreck to make sure you are getting the protections that are right for you. Lawyers will be able to listen to your account, ask questions and benefit to determine the excellent options free of charge.

Why Do I Need to Hire a Houston Maritime Injury Lawyer?

If you’re not yet ready to pursue litigation but you must still speak with an skilled Texas maritime lawyer for advice on your options. Many times, your employer may request you to agree to a contract or release to secure the payment of wages earned but not earned as well as maintenance or medical insurance. It is crucial to ensure that any document you’re presented with reviewed by an experienced Houston maritime lawyer prior to signing them to warrant you do not absolve yourself of any right to recover.

The most significant reason for you to hire an attorney is the fact that insurers and employers employ teams of lawyers to represent their clients. They aim to get rid of your claim as inexpensively as is possible. One way to even the playing field against your employer or insurance company is by having an experienced lawyer representing the interests of you. If you are an employee who has been injured and a newcomer to the legal system, while your employer, their insurance as well as their lawyers deal the cases frequently. It is essential that you employ a group that routinely manages maritime law cases.

Hire a Top-Rated Texas Maritime Accident Attorney for Your Case

An experienced maritime lawyer will examine the facts of your case and decide on the accurate legal choices.

This is done through analyzing the following aspects:

• Your status as a worker as of the date of your injury.
• The reliability of the vessel that you worked on
• The deadline for filing the claim
• Any other factor that could contribute to your injuries

Another reason why you could gain from employing a lawyer is because they are able to work overseas companies. By yourself it can be difficult to believe you’re in a bind. You’re one individual, but your business is probably a well-established business. There’s no reason that it shouldn’t be able to have a strong representation, too.

Our Texas Maritime Lawyers Can Help: Call (888) 493-1629!

We at Arnold & Itkin, we have witnessed too many times the way maritime accidents occur, not just within the Gulf of Mexico but also within our waterways that are inland and across the globe. We are committed to helping injured people as well as their families get fair damages. What we do involves more than the money. We are committed to seeing the clients’ recovery not only financially but also emotionally, physically as well as mentally.

Our team is committed to assisting families and people that have been affected by life-altering accidents recover the money they require for their present, past and the future. We benefit people across the nation, such as Dallas, Baton Rouge, and further. We have years of experience and knowledge, we offer a distinctive perspective on how to approach our work and will strive to warrant that our clients get their fair share of the money they require in order to finance the future expenses.