Texas Jones Act Lawyers Discuss Maritime Law and Coverage for Offshore Injury Claims
To some lawyers, the intricacies of maritime law can seem complicated
. To the injured seaman, these laws might seem confusing and overwhelming. If you are injured or get sick while working on a vessel on or near a body of water, it is important to know your legal rights. Your rights as a maritime worker will differ greatly from the rights of a worker injured on the job in a non-maritime setting.The first step when you speak with an experienced maritime lawyer will be for him or her to determine which laws apply to your case. Maritime law encompasses a variety of state and federal laws, and the facts of your particular case will determine which laws apply to your situation.
Our expert Texas maritime attorneys will make sure the compensation our injured clients receive is more than adequate. Our firm has represented tankermen, barge crew members, deckhands, galley hands, offshore oil drilling rig workers, and longshoremen. Our combined 100 years of experience will help us figure out what maritime laws apply to your case very quickly. The applicable law will determine what benefits you are entitled to. For example, if you can be considered a Jones Act seaman, you will be entitled to receive maintenance and cure. Your employer would be required to pay for medical bills and everyday expenditures. It may also include food expenses, transportation, utilities and even your mortgage.
The most common maritime laws you will hear about are:
The Jones Act: This law protects injured seamen by allowing them to file a lawsuit directly against their employer. To qualify for coverage, an injured maritime workers must meet the Act's definition of a seaman and be working aboard a Jones Act vessel in navigation. This law does require a showing of negligence and carelessness of co-workers or employers. The injured worker may file a claim for medical expenses, lost wages and even pain and suffering.
Longshore and Harbor Workers' Compensation Act (LHWCA): This law bridges the gap between state workers compensation laws and the Jones Act. Injured maritime workers who are not Jones Act seamen and are not covered under state workers compensation laws may be covered under LHWCA. Under this Longshore Act, an injured worker does not have to show negligence to recover damages. If you are a dock worker, longshoreman, port crane operator or stevedore, this Act may cover your injury.
Death on High Seas Act (DOHSA) DOHSA is a federal law that protects survivors of maritime workers who are killed while working on water. While there are changes being attempted right now to this law, the current law only allows benefits to be paid to the surviving spouse, children and dependent relatives of the deceased seaman. DOHSA preempts any other state or maritime laws.
General Maritime Law Claims of Unseaworthiness: Theories of unseaworthiness comprise a separate and distinct claim against a vessel owner. This maritime law applies to injuries and damages caused by some aspect of a vessel being unfit or unseaworthy. For example, if the vessel's crew was not properly trained in their job duties, this may create a situation where the vessel was unfit to be at sea.
Outer Continental Shelf Lands Act: If you were injured while working offshore on the Outer Continental Shelf (OCS), the time frame for your lawsuit may change dramatically. You will certainly need to speak to a maritime lawyer in this instance as soon as you are able to after you are hurt to make sure you do not miss any deadlines.
Maritime workers work hard and most love what they do. Getting injured while performing your work as a longshoreman or a seaman can permanently affect your livelihood and earning ability. If you or a loved one have been injured on the job while working on or near a body of water and are wondering if you can qualify under maritime law for compensation, please contact a Texas Maritime Lawyer today to discuss your situation at info@smslegal.com.
Texas Jones Act Lawyers Discuss Maritime Law and Coverage for Offshore Injury Claims
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