Award-Winning Houston Maritime Injury Lawyers
If you or a loved one has been seriously injured in a maritime accident, contact our dedicated Houston maritime injury lawyer at Morrow & Sheppard LLP for a free, confidential consultation.
At Morrow & Sheppard LLP, our Houston maritime injury lawyers take pride in supporting injured maritime workers in their pursuit of compensation. The industry poses risks and potential injuries to seamen, underscoring the importance of partnering with knowledgeable maritime injury lawyers who understand the applicable laws. Work-related accidents can be painful and stressful, particularly for maritime workers. Obtaining compensation involves navigating a complex legal process governed by the Jones Act as well as the Longshore and Harbor Workers’ Compensation Act. A Houston maritime injury lawyer can help you navigate the complexities and seek the compensation you deserve. Contact us for a free and confidential case evaluation today and let our experience work for you.
Our Dedicated Houston Maritime Injury Lawyers Strive to Secure the Compensation You Deserve Following a Maritime Accident
Maritime accidents can have serious consequences. If you or someone you care about gets injured, take action promptly. However, seeking compensation for maritime injuries is different from other personal injury claims. Special laws and unique factors come into play, requiring the expertise of a seasoned Houston maritime accident attorney. At Morrow & Sheppard LLP, our experienced lawyers have a track record of successfully handling these claims. We proudly help our clients from Houston, Texas, to other parts of the country, like Louisiana, Alabama, and Mississippi. As an injured maritime worker, you have specific rights and avenues for compensation and need the best attorneys.
What is Maritime Law?
Maritime or admiralty law governs navigation, shipping, and water-related activities. It encompasses laws, rules, as well as procedures concerning marine resources, ocean commerce, and navigation. These regulations also resolve disputes and protect individuals and organizations operating on the water. When you’re on a boat, whether you’re part of the crew or a passenger, you have certain rights if you get hurt. Compensation can cover different things, like the wages you couldn’t earn because of the injury, the medical bills you had to pay, and even the emotional suffering you went through. Injuries linked to work on marine vessels or cruise activities fall under admiralty jurisdiction. Maritime law relies on case law and precedents rather than codified statutes, except for the Jones Act. Navigating these cases can be challenging, as personal injury lawyers may need more expertise. Therefore, consider choosing maritime injury lawyers or Jones Act lawyers well-versed in maritime law to ensure a fair pursuit of justice after an injury.
Jones Act
The Jones Act is a law made by the government to help American civilian mariners, US civilians, and federally-owned merchant vessels. It ensures American-flagged ships handle shipping between US ports. The Federal Employer’s Liability Act extension protects individuals (46 USC § 30104). People injured while working at sea can file personal injury lawsuits against their employers and choose to go to either federal or state court. The Jones Act grants them the right to a jury trial in these injury cases.
Maintenance and Cure
Seafarers injured at sea have a right to “maintenance and cure,” which covers daily living expenses and medical costs. Employers are obligated until the seafarer is fit for duty, or further treatment won’t help. Maritime law and the Jones Act provide these protections. In such cases, consulting skilled maritime injury lawyers is invaluable. They can help calculate appropriate support for living expenses as well as determine the extent of necessary medical treatment and rehabilitation. An attorney will strive to ensure individuals receive assistance for their injuries and associated challenges.
History of Maritime Law and the Jones Act
Maritime law evolved from the practical needs of Mediterranean countries involved in commerce since 900 BC. Medieval codes in European port cities shaped US law, incorporating the customs of mariners and merchants. The Admiralty refers to the legal system in British and American courts dealing with disputes related to the sea. The American courts incorporated English law but also established their jurisdiction. The Commerce Clause of Congress sets regulations for shipping. The Jones Act, a component of the Merchant Marine Act of 1920, requires U.S.-built, owned, and crewed vessels for domestic shipping.
Does Maritime Law Apply on Land?
Yes. Maritime law applies even away from the ocean, including on docks, ports, and inland waterways, to activities both at sea and on land related to maritime trade. For example, a federal law, the Longshore and Harbor Workers’ Compensation Act, offers compensation to workers in harbors, ports, and shipyards. Maritime law also applies to marine insurance, protecting against cargo losses and ship damage. These laws extend to land-based incidents, injuries to workers on the job, and damage to vessels or cargo on land. Additionally, accidents in inland waters like lakes and rivers are subject to maritime law if they meet specific criteria.
Common Types of Maritime Incidents
Despite a decline in incidents, severe mishaps persist. These catastrophic events stem from organizational factors. In fact, supervising and planning onboard vessels comes with challenges highlighting the need for qualified crews to enforce security. The following are common maritime safety incidents.
Accidents involving deck operations
Man-overboard situations are critical. They occur on ship-side activities such as washing, painting, working aloft, and outboard tasks. In fact, survival depends on various factors. Other common accidents include:
- Slips and falls
- Improper lifting
- Compressed air accidents
- Chemical exposure
- Electrical accidents
- Crane mishaps
- Machinery accidents
Accidents on commercial fishing vessels
Although it’s impossible to foresee every incident, there are safety measures, and specific interventions fishermen can implement to minimize the chances of injuries or deaths at sea.
- Collisions
- Engine room fires
- Capsizing
- Grounding
- Falls overboard
- Machinery incidents
Jack-up rig accidents
Keeping offshore drilling rigs safe also requires a commitment to safety. Drilling companies must prioritize workers’ well-being to prevent accidents. Under the Jones Act, jack-up rig workers can seek compensation if injured due to negligence. Here are seven common accidents that drilling companies should work to prevent:
- Incidents involving crew boats, helicopters, and transfers
- Malfunctions in equipment and machinery
- Emergencies such as collapses, fires, explosions, and other catastrophes
- Accidents resulting from coworker negligence
- Instances of slips, trips, and falls on rigs and into water
- Exposure to toxic fumes or substances
- Accidents related to rig tongs and slips
Tugboat and barge accidents
Tugboats pose unique risks due to their small size and crowded spaces. In fact, accidents occur frequently, sometimes with fatal consequences. Causes include:
- Mechanical failures
- Collisions
- Capsizing
- Falls
Examples of incidents involve snapped hawsers causing injuries and deaths. Negligence plays a role, like a pilot causing a fatal collision while on a call. Safety is paramount for tugboat workers to mitigate these dangers.
Dredge accidents
Dredging accidents can also be catastrophic. Serious incidents resulted in fatalities, injuries, and property damage. Falls, drownings, as well as capsizing are common. Workers must prioritize safety, wearing personal flotation devices (PFDs). Typical physical and mental injuries include:
- Shoulder injuries
- Back injuries
- Head injuries
- Amputations
- PTSD
Drilling rig accidents
Offshore drilling rigs can be dangerous. In fact, between 2001 and 2010, the US Minerals Management Service reported 1349 injuries. Common causes of drill rig accidents include:
- Human error
- Equipment failure
- Lack of maintenance
- The loss of one or more well barriers
- Collisions
- Rig collapse
How Morrow & Sheppard LLP Helps Injured Maritime Workers
Our experienced Houston maritime injury lawyers at Morrow & Sheppard LLP are here to protect your rights and secure compensation for your injuries as a maritime worker. We specialize in offshore accidents, chemical exposure injuries, as well as fires/explosions. The Jones Act is a powerful tool for injured seamen, providing better recovery opportunities than workers’ compensation. However, the statute is complex, requiring specific proof. The vessel owner, often the employer, can limit recovery through a Petition for Limitation of Liability, even if the vessel sinks. The statute of limitations is generally three years but can be as short as 22 months regarding government-owned vessels. That is why it is crucial to act swiftly to avoid denial. Our maritime injury lawyers represent clients in Texas and Louisiana, including those located in Houston, Beaumont, Dallas, Corpus Christi, Port Arthur, Lafayette, New Orleans, and the surrounding communities, and across the United States. With our experience representing large corporations and insurers, we understand the challenges individuals and small companies face. Contact us for a free consultation today!