Houston Maritime Injury Attorney
Houston Maritime Injury Attorney: When you’re injured in maritime work, a Houston maritime injury attorney can assist you in navigating the maritime legal route. After a perilous accident, dealing with the upcoming issues can be extremely challenging: your insurance company, your employer, maritime companies, medical records… the list of issues to resolve is lengthy. In this difficult time, the last thing you need is added stress.
At Simmons and Fletcher, P.C., you can trust us to advocate for you and provide you with the treatment you deserve. A Houston maritime injury attorney will take the necessary steps to recover lost wages and financial damages and ensure you receive the compensation you are entitled to.
An employer should provide a safe environment for employees and members of the crew, and negligent employers should be held accountable for compromising that safety. If you’ve experienced an injury related to a maritime accident, you may be entitled to compensation.
There are various accidents and laws that come into play when you’ve suffered a maritime accident. With a successful track record of achieving positive outcomes for our clients in maritime cases, our dedicated personal injury law firm can advise you on which laws and legal options apply to your situation and provide you with the necessary legal representation. Contact an experienced Houston maritime injury attorney for a free consultation at (713) 322-7583.
What Is a Maritime Claim?
A maritime claim references an accidental injury or death involving navigable waters of the United States or international waters within the territorial jurisdiction of the United States. It includes waterways, rivers, seas, and oceans’ interconnecting systems. This often involves oil platforms, ships, cargo vessels, commercial vessels, and other similar maritime vessels operating near or in proximity to coastal waters, sea terminals, or the Gulf of Mexico.
Maritime accidents can encompass incidents like oil rig explosions and jack-up rig accidents, with the most common causes of vessel accidents being equipment failures, fires, and explosions. Faulty oil and gas pipelines are also frequently implicated in cases involving maritime workers. Maritime law applies to various scenarios and individuals, from passengers to dock construction workers, impacting their rights and legal options.
Why Do You Need a Houston Maritime Injury Attorney?
Following a maritime accident, your first priority should be seeking immediate medical assistance. Afterward, enlist the help of a Houston maritime injury attorney for assistance in filing a claim. Once you’ve hired a maritime attorney, they can gather evidence and file your claim. Initiating legal proceedings can be intimidating, which is why Simmons and Fletcher, P.C., is your Houston maritime injury attorney. Specialized in maritime law, they can guide you on which laws and technicalities apply to your situation and provide you with the appropriate legal representation.
We understand that comprehending your legal options can be confusing. Every one of our maritime attorneys is capable of providing free consultations. If our firm is the right fit for your case, we’ll assist you in filing your maritime lawsuit so you can obtain the compensation you rightfully deserve
There are various types of claims you can file depending on the condition of the injured party. Several different types of claims may be available, including the Jones Act, the Longshore and Harbor Workers’ Compensation Act, or state personal injury laws tailored to specific maritime injury claims.
In summary, if you’ve been injured, it’s crucial to understand your rights, such as your right to choose your doctor, your right to medical treatment, and your right to not provide a statement or sign anything. A Houston maritime injury attorney can inform you about your rights and how they can help you receive proper compensation.
We know it might be confusing to comprehend your legal options, and that’s why we offer a no-cost consultation with an experienced Houston maritime injury attorney who can promptly get in touch with you. Depending on your specific injury claim, different types of claims may apply.
The Jones Act, also known as the Merchant Marine Act of 1920, is one example of a federal maritime law that protects the rights of maritime workers, offering compensation for those injured on oil rigs. Offshore oil rig employees typically fall under the purview of the Jones Act. Oil rig workers can contact a Houston maritime injury attorney to see if they qualify for claims under the Jones Act.
While the Jones Act provides broad compensation benefits for your injuries after a maritime accident, understanding and making a claim can be complex, as you may not fit under the act’s provisions.
For assistance, contact Simmons and Fletcher, P.C. to speak with a Houston maritime accident attorney today. We have represented injured seamen throughout the state of Texas and surrounding areas and our Jones Act attorneys can use our legal knowledge and experience to work for you.
Am I eligible for Jones Act claims?
The Jones Act covers seamen, mariners, and other maritime workers who are working on a vessel or ship that is not attached to the seabed. It can also cover those working on shipping companies or on an oil rig, offshore platform, or SPV. The Jones Act gives the right for injured workers to file a lawsuit against their employers for negligence resulting in maritime injuries.
If you are a qualified maritime or offshore worker and are eligible for benefits under the Jones Act, you will also need to prove that your injury occurred during the course of your duty and that your employer was somehow negligent, leading to your injury. This is distinct from state workers’ compensation, which provides coverage for maritime workers and employees, even if the employer was not negligent.
It is also important to note that those who are not eligible for Jones Act claims may be eligible to claim compensation under the Longshore and Harbor Workers’ Compensation Act. If you are unsure about your eligibility, contact a Houston maritime accident attorney today.
In general, there is a maximum limit of 3 years for maritime claims. This means you have up to three years from the time of the incident to report the accident and file a lawsuit against the liable party. Call Simmons and Fletcher, P.C. at (713) 322-7583 as soon as possible to initiate the process of filing your claim with a maritime attorney.
What compensation can I receive under the Jones Act?
The Jones Act not only allows for coverage of medical expenses and compensation for disability and/or reduced earning capacity, but it can also provide financial compensation for pain and suffering and other economic and non-economic damages. It offers more comprehensive coverage compared to state workers’ compensation benefits or the Longshore and Harbor Workers’ Compensation Act, which does not provide compensation for pain and suffering.
What is the Longshore and Harbor Workers’ Compensation Act?
Dockworkers, longshoremen, and harbor workers are covered by the Longshore and Harbor Workers’ Compensation Act.
The Longshore and Harbor Workers’ Compensation Act, also known as LHWCA, takes the place of state workers’ compensation laws to provide benefits for those workers who get injured while performing certain maritime activities and work. State workers’ compensation does not cover maritime workers.
Who does the Longshore and Harbor Workers’ Compensation Act cover?
The Longshore and Harbor Workers’ Compensation Act covers individuals working on or adjacent to the navigable waters of the United States or on areas adjoining U.S. navigable waters. This includes people working on docks, wharves, loading terminals, stationary platforms, dry dock areas, and oil rigs. However, while the Jones Act covers individuals based on vessels or ships, the Longshore and Harbor Workers’ Compensation Act covers individuals stationed on the shore and providing non-vessel services. It also covers offshore drilling workers due to the Outer Continental Shelf Lands Act.
What is included in the Longshore and Harbor Workers’ Compensation Act?
When you claim under the Longshore and Harbor Workers’ Compensation Act, your benefits are determined based on an administrative system overseen by the U.S. Department of Labor. These benefits may include coverage for medical expenses and total disability benefits. These benefits may be partial or temporary. Note that ‘pain and suffering’ is generally not covered as an element of damages, and when you were performing your duties as a longshoreman, you generally cannot file a civil suit against your employer for job-related injuries.
What laws does the maritime industry have to follow?
Accidents in the maritime domain or around it are treated differently compared to land events like truck or motor vehicle accidents. Cases of maritime injuries were primarily under the jurisdiction of federal law, although today you can bring a maritime injury claim in either state or federal courts. This is due to the saving to suitors clause. However, any maritime property-related cases or claims should be heard in federal court.
There is a separate set of laws for maritime accidents that apply to any injuries at sea and subsequently for claims related to maritime injuries. Often referred to as admiralty law, the purpose of these laws is to protect travelers from accidents due to negligence. It can be applied to cruise ships and other water-based vacation activities.
Maritime law, safety, and compensation for injuries or accidents at sea.
It should be in line with the presentation of safe vessels. If you are suffering from illness or injury at sea, the Maritime Department of Law helps protect your rights.
- Principle of Unseaworthiness
This principle states that it is the duty of the ship owner to provide a seaworthy vessel, and any accident due to the unseaworthiness of the ship is their responsibility.
- Death on the High Seas Act (DOHSA)
DOHSA is applicable when someone’s life is lost as a result of wrongful acts.
Due to the complexities of maritime laws, the process of moving forward with your claims can be challenging. Let us help you understand the intricacies of your legal rights, insurance information, and maritime and admiralty department laws. Contact Houston Maritime Accident Law Firm today to file a claim in court and bring your case to justice.
What compensation can be claimed for maritime safety claims?
If you get injured at sea, and the vessel you were on is deemed unseaworthy, you have the right to seek compensation for damages. These damages may include:
- Past and future medical expenses.
- Loss of wages and earning capacity.
- Physical pain.
- Emotional distress.
- Physical limitations.
From medical expenses to loss of income, our experienced Houston maritime attorneys can help you obtain the compensation you are entitled to. Contact our firm today for a free case review.
Types of Accidents and Injuries in Maritime Law Cases
Various types of injuries can occur due to maritime accidents, potentially impacting maritime workers severely. They might experience exposure to hazardous chemicals, traumatic brain injuries, head and spinal injuries, slips and falls, back and spine fractures, or burns from machinery fires. If you’ve suffered any type of serious injury, you have the right to seek compensation.
In any case, Houston Maritime Accident Law Firm can assist. If you’ve experienced any significant injury related to:
- Oil tanker vessel accidents.
- Drilling ship accidents.
- Riverboat accidents.
- Barge accidents.
- Shrimp boat accidents.
- Tugboat accidents.
- Oil rig accidents.
- Cruise ship accidents.
- Unseaworthiness accidents.
- Commercial fishing accidents.
- Dredge accidents.
- Shipyard accidents.
- Deck accidents.
- Cargo vessel accidents.
Contact Houston Maritime Accident Law Firm for a free consultation. If you or a loved one has been seriously injured or suffered wrongful death due to a maritime or offshore accident, call us for a free consultation. Maritime law can be confusing, and compliance with it can be challenging. The maritime injury lawyers of Simmons and Fletcher, P.C. understand the dangers of maritime and offshore employment and are here to answer your questions.