Houston Maritime Law Attorneys
If you suffered injuries while performing your job duties on a water vessel, do not hesitate to contact the Houston personal injury lawyers of Lowenberg Law Firm to discuss your case. You might be entitled to compensation for the losses you suffered. Multiple maritime laws allow injured workers to apply for benefits and compensation if they get hurt while working at sea. You should not be responsible for your medical treatment and other expenses if the accident occurred while you were on the clock.
Maritime laws protect maritime employees that suffer injuries or illnesses that cause a loss of income. While you’re attempting to recover, you should receive the compensation you need to pay for various costs associated with the accident. Your employer should provide the means for you to continue to afford your living expenses and medical care.
Working on an offshore oil rig, water vessel, or other structure on a body of water is dangerous. You face many risks whenever you set foot on the job site. You could get hurt if two boats collide, faulty electrical components cause a fire, or defective machinery malfunctions. At Lowenberg Law Firm, our Houston maritime law attorneys understand the harsh conditions seamen encounter each day. When there’s an accident, and you suffer injuries, you have a right to pursue compensation.
Call Lowenberg Law Firm at (832) 241-6000 for a free consultation or learn more about how we can help you after a maritime accident.
Important Laws for Maritime Workers
Seamen are at an increased risk of injury and death because they regularly encounter dangerous working conditions, heavy machinery, and harmful substances. The courts recognize the exposure to these various hazards and passed specific laws to protect maritime workers’ rights after sustaining injuries in an accident.
The most important of these are:
- The Jones Act
- Death on the High Seas Act
- Longshore and Harbor Workers’ Compensation Act
- Outer Continental Shelf Lands Act
The Jones Act
The Jones Act, passed in 1920, is a federal law protecting seamen injured while performing their work-related duties. Maritime employees might not be entitled to benefits from a workers’ compensation claim, and that’s where this law comes into play.
A seaman is a person working on a fleet or vessel that operates on navigable waters, performing such jobs as:
- Ferry worker
- Fisherman
- Driller
- Deckhand
- Harbor worker
- Tugboat worker
- Pilot
- Technician
- Captain
- Barge crew
- Merchant mariner
- Oil rig worker
- Dock and shipyard worker
- Diver
- Anchor
- Cook
Navigable waters are bodies of water used for interstate or foreign commerce. You can seek compensation as long as your injury occurred while you were on or near a waterway and performing tasks related to your job.
Common examples of vessels are:
- Barges
- Drillships
- Tug boats
- Floaters
- Dredges
- Oil tankers
- Offshore oil rigs
- Container ships
- Ferries
- Crew boats
- Supply boats
You’re considered a seaman and eligible for coverage under this act if you spend at least 30 percent of your time aboard a vessel in navigation while you perform responsibilities associated with the vessel’s functioning. The vessel doesn’t necessarily have to move to be in navigation. It can also be moored or anchored temporarily. However, if the vessel is on a drydock undergoing repairs, it’s not in navigation.
Death on the High Seas Act
The Death on the High Seas Act is another maritime law passed in 1920. It allows surviving family members to recover compensation if they lost a loved one at sea due to another person’s neglect, default, or wrongful act. Eligible family members include:
- Surviving spouse
- Surviving parent
- Surviving child
- Dependent relative
Longshore and Harbor Workers’ Compensation Act
Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), you could pursue benefits through your employer’s LHWCA workers’ compensation insurance if your injuries resulted from a workplace accident. The available benefits involve the replacement of lost wages and payment of necessary medical treatment.
You’re entitled to benefits as long as you suffered a work-related injury or illness while on or near navigable waters on an oil rig, platform, dock, terminal, pier, or another type of vessel.
Outer Continental Shelf Lands Act
Oil rig workers injured on the job may qualify for coverage under the Jones Act as long as they don’t work on a rig affixed to the sea bed. For example, the law recognizes a jack-up rig as a vessel because it isn’t a permanent stationary platform.
If an employee working on an oil rig platform affixed to the ocean floor suffers an injury, they could seek compensation under the Outer Continental Shelf Lands Act. This is an extension of the Longshore and Harbor Workers’ Compensation Act. However, they’re only eligible for coverage if their job duties involved the removal, exploration, development, or transportation of natural resources by pipeline. Under this act, employees and officers of the United States, vessel masters, and vessel crewmembers can’t file a claim.
Common Types of Maritime Accidents
Different circumstances could arise that lead to severe injuries and fatalities for maritime workers. The type of dangers you face depend on the job you perform on or near the vessel. A range of accidents are common due to the inherent dangers of working at sea:
- Explosions
- Falling cargo
- Slip/trip and falls
- Fires
- Collisions with another vessel or a structure, such as a dock or oil rig
- Malfunctioning equipment and machinery
- Being struck by or caught between objects
- Operator error
- Falling overboard
- Exposure to faulty electrical components
- Inhaling toxic fumes and harsh chemicals
If any of these factors contributed to your injuries, you should take immediate legal action and consult Lowenberg Law Firm. We can review the details of the accident and determine the party or parties we can hold liable for your losses. You shouldn’t be forced to pay out of pocket for surgery, physical therapy, prescription drugs, and other costs when your injury happened at work.
Common Causes of Maritime Accidents
Anyone in the maritime industry can get hurt. There are specific standards vessel operators, employees, and others must meet to keep everyone safe from harm. Unfortunately, injuries, illnesses, and fatalities can happen. Many factors can contribute to accidents involving maritime workers.
Collisions
Vessels can be a challenge to operate safely on the water. Even though there’s usually less traffic to contend with than motorists on highways have to manage, navigating around barges, tug boats, and other vessels is dangerous and requires a tremendous amount of skill. Additionally, boats are often massive in size and harder to maneuver.
The most common causes of vessel collisions are:
- Inexperienced employees
- Navigational errors
- Malfunctioning radar systems
- Operator distractions
- Poor-decision making
Human Error
One of the most common reasons for injuries at sea is human error. An employee, maintenance worker, vessel operator, or another individual responsible for performing work on the vessel can make a mistake that has catastrophic consequences to others. The most common examples of human error that causes maritime accidents include:
- Lack of safety gear and precautions
- Failure to repair defective equipment
- Negligently hiring inexperienced or unqualified crew
- Violating Occupational Safety and Health Administration regulations
- Loading cargo improperly
- Faulty vessel or system designs
- Storing hazardous substances incorrectly
- Becoming distracted while operating the vessel
Equipment Failure
Crewmembers and maintenance workers are responsible for ensuring all equipment is in good working condition. Failing to perform routine inspections and maintenance can cause malfunctions. The most common causes of equipment failure are:
- Lack of necessary repairs
- Improper communication regarding procedures
- Failure to replace worn-out or defective parts
- Poorly maintained equipment
- Lack of protective gear needed to operate the equipment
Lack of Training
Seamen must know the ins and outs of their jobs by completing extensive training. Whether an employee repairs damage, loads cargo, or operates the entire vessel, they must meet specific standards and know what to do in an emergency. If the company decides to hire inexperienced workers due to a staffing shortage or a seasoned employee makes a bad judgment call, injuries can occur.
Common Injuries Caused in Maritime Accidents
Injuries can range from minor to severe and life-threatening. If you were in an accident aboard a vessel, you probably needed some type of medical attention. Even if you only attended a few doctor’s appointments, you deserve to recoup those expenses.
The most common injuries seamen suffer while performing their job duties are:
- Asphyxiation
- Electrocution
- Loss of limb
- Lung disease
- Broken bones
- Paralysis
- Puncture wounds and burns
- Heat exhaustion
- Traumatic brain injury
- Hypothermia
- Hearing or vision loss
- Drowning
- Repetitive motion injury
- Frostbite
- Spinal cord injuries
- Soft tissue injuries
You could face ongoing complications after a maritime accident and suffer the effects of your injury or illness for the rest of your life. When you need ongoing medical care, the costs become significant. If you can’t afford to pay your bills, you could face debt. It’s an overwhelming burden when you’re suddenly out of work and no longer receiving a necessary paycheck. Maritime laws can help you seek the compensation you need to get your life back on track.
Contact Us
At Lowenberg Law Firm, our Houston maritime law attorneys have more than 20 years of experience handling cases for workers injured at sea. We know the uphill battle you face and how painful your recovery can be. You’re dealing with physical pain, emotional trauma, and lost income. Additionally, your family can suffer the consequences of the accident you were in if you’re the provider but can no longer pay for basic needs.
We know that no amount of money can change the circumstances you’re in, but it can provide the economic relief necessary to compensate for your doctor bills, daily living costs, lost wages, and other expenses. We will be your advocate and fight to protect your rights under maritime law. You can depend on our team to develop an effective legal strategy to achieve the best possible outcome so you can heal your injuries and get back to work.
If you were injured while performing your job as a maritime worker, contact Lowenberg Law Firm right now. One of our Houston maritime law attorneys can meet you for a free consultation to review your case and advise you on available legal options. Call us today at (832) 241-6000.