The Gibson Law Firm Practice Areas
Why Should I Hire a Houston Maritime Accident Lawyer From The Gibson Law Firm?
The maritime industry has a long and storied history of dedicated sailors and seamen who performed under arduous conditions. Ship owners and operators understood that their employees needed adequate rewards for the risks they faced. As a result, a combination of traditions and laws evolved into modern maritime law to support that need.
The Port of Houston is home to many workers who put their lives on the line every day supporting sailing, shipping, oil & gas, and other industries that rely on maritime employees to thrive. When a worker suffers harm on the job, a Houston maritime accident lawyer from The Gibson Law Firm can investigate the details and build a robust claim for appropriate benefits. If you or a loved one has been injured, contact our firm for a free consultation with a Houston personal injury lawyer today.
Types of Maritime Accidents
As Houston maritime lawyers, we work with individuals who serve in nearly every part of the shipping, dock, and other industries that rely on these employees. We have filed maritime injury cases in Texas state courts and federal courts on behalf of offshore workers, sailors, dockworkers, and oil rig roughnecks. Our firm offers over three decades of combined experience in this field for injury victims during the most difficult times of their lives.
Our maritime lawyers have managed claims where personal injury happened in the following types of accidents:
- Collisions: Large cargo ships are difficult to maneuver in crowded shipping lanes or during severe weather. A crewmember or longshoreman could be hurt by falling freight or equipment, thrown into the water, or otherwise harmed by a vessel that collides with the dock structure, another ship, or loading equipment.
- Crane accidents: Workers may fall from a crane arm or be injured if the equipment fails. Heavy objects dropped from a great height can severely harm or kill those on the ground or onboard a vessel. Without maintenance, explosions, fires, or electrocution injuries can occur.
- Equipment: Much of the gear used onboard a vessel is hazardous, such as the hooks, pots, and other items found on commercial fishing boats. Offshore workers on oil rigs or service structures may suffer injury from pressurized pipes or equipment.
- Fall from a height: Falling from a higher deck, a crane, scaffolding, or other surface onto a lower deck, the ground, or into the water can result in broken bones or traumatic brain injuries, possibly disabling a worker for weeks or months.
- Fatigue and exhaustion: When crewmembers are overworked or exposed to temperature extremes, they become less able to do their jobs safely and put themselves and others at risk of harm.
- Fires, electrocution, and explosions: These can happen on any vessel but are especially common for those in oil & gas extraction. The National Institute for Occupational Safety and Health (NIOSH) reports that 14.5% of fatalities during a recent five-year period were due to explosions.
- Hazardous material exposure: The variety of substances used on board can cause chemical burns, respiratory damage, and long-term damage, such as a range of cancers.
- Lack of training or experience: Employers who put newly hired personnel into positions for which they have no experience or training are risking every employee’s safety. Learning the ropes should be done as safely as possible, and failing to provide adequate job education can contribute to a vessel’s unseaworthiness.
- Slip and fall: Many workers slip and fall on water or other substances that collect on the decking of workplaces, such as an offshore oil rig, a tugboat, or a crude oil tanker. Debris or gear that is not stowed properly can trip up crewmembers rushing to perform their jobs.
Additionally, workers can experience repetitive motion injuries from performing the same tasks over long periods of time, with symptoms that do not appear for years. Some high-pressure jobs also lead to psychosocial harm from factors such as social isolation, substance abuse, fear of piracy, and irregular sleep cycles. Gathering evidence to support these personal injury claims can be challenging, but your maritime lawyer will work to ensure you have the support you need for your case.
Understanding Your Rights Under Maritime Law
General maritime law is built from a collection of customs, laws, and other rules used among seafaring vessels and operators for hundreds of years. In the U.S., they have been formalized to cover pay disputes, vessel licensure, negligence, deaths at sea, and compensation for injured workers. There are several pieces of legislation that may apply to your claim, including:
- The Death on the High Seas Act (DOHSA): When a worker’s death happens more than three nautical miles from shore, it is subject to this law, allowing the deceased’s relatives to sue the employer for many wrongful death losses, including burial expenses. They can also seek compensation for loss of care, financial support, and emotional support.
- The Merchant Marine Act of 1928: Often called the Jones Act, your personal injury claim can benefit from this law’s provision allowing injured seaman to sue negligent ship owners for their medical bills and lost wages while recovering.
- The Outer Continental Shelf Lands Act (OCSLA): If you are hurt while working in designated offshore areas, your Houston maritime attorney can determine how this law affects your statute of limitations for filing your claim, as well as other critical aspects of your case.
Whenever an injury or wrongful death happens in U.S. navigable waters, your Houston maritime attorney will investigate all state and federal laws that could influence both your claim and the employer’s resistance to pay. Under the Jones Act, you are entitled to maintenance and cure payments, which cover your medical treatment and daily pay starting as soon as you are hurt. When your employer or their insurance company push back against doing this legally required duty to you, our law firm stands ready to hold them accountable.
What Does Maintenance and Cure Include?
The term “maintenance and cure” goes back centuries and refers to the daily living expenses an employee needs. After an injury, it can be hard to pay the bills while you are not working, so your employer owes you a wide range of maintenance expenses while you recuperate. These can include:
- Your mortgage or rent
- Utilities such as heat, power, water
- Your property taxes and homeowner’s insurance
- Groceries and other necessities
The “cure” part means payments that provide for your reasonable and necessary medical costs associated with your injuries. It also pays for travel expenses so you can keep your doctor’s appointments and receive treatment, such as physical therapy. These cover your immediate care needs, and you may be eligible for longer-term coverage if you become permanently disabled from your injury.
Typically, your employer’s insurance provider will pay you either weekly or bi-weekly until you are fully healed or you read a state of maximum medical improvement (MMI). Your doctor will determine your MMI status, at which you are not expected to make any further medical progress. At this point, you may need your attorney from The Gibson Law Firm to negotiate the next steps on whether you return to work with different duties or seek additional compensation if you cannot go back to your former job.
The Port of Houston Supports Millions of Workers and Their Families
The maritime industry is big business in Texas, with over 1.54 million people working at the Port of Houston, which serves as a launching pad for cargo transportation throughout the country. Port Houston operates 24 hours a day all year, putting tremendous demand on employees to get the work done quickly, thoroughly, and safely. Yet, working on ships and other structures is inherently dangerous, and injured maritime workers are entitled to quality legal representation to help them claim benefits for lost wages and medical expenses.
After putting in years of service, you may expect your employer to provide the benefits you deserve without question, but this is often not the case. The claims process alone can be confusing and frustrating, especially when you are in pain. It is vital to understand what you are owed and when you should receive it, and a maritime attorney at The Gibson Law Firm can clearly explain your rights.
Injured maritime workers in Texas who hire a Houston maritime accident lawyer have a powerful legal advocate on their side. A maritime attorney offers aggressive, experienced, and unflinching legal representation for all matters relating to your case, negotiating fiercely against insurance companies for what you need. Rather than settling for less, our firm always seeks maximum compensation by establishing your rights and any negligence by your employer.
Longshore and Harbor Work Accident Lawyer
Another crucial law that protects those who do not work on vessels or offshore structures is the Longshore and Harbor Workers’ Compensation Act (LHWCA). It offers protections for any work-related injury that happens on deepwater rigs and similar worksites. Enacted in 1927, the LHWCA established legal rights for non-sailors to recover financially for an offshore injury from their maritime employers, since these workers were not covered under the Jones Act.
In 1972, the federal government updated the LHWCA to include maritime crewmembers working on land, although it omits coverage for those in food service, data processing, or administrative positions. Harbor and longshore workers can file for benefits similar to the maintenance and cure available for injured seamen. Victims of an offshore injury can receive payment for medical costs, physical disability, pain and suffering, and loss of their ability to earn.
The LHWCA covers employees who work as:
- Loaders and unloaders
- Longshoremen
- Maintenance specialists
- Shipbuilders
- Ship-breakers
- Those who perform at least some maritime duties
- Those who work near, around, or on the water
Wrongful Death Claims for Longshore and Harbor Workers
What if an offshore accident claims the life of a worker? Their death is covered under the Death on the High Seas Act (DOHSA), similar to sailors and seamen. Their survivors can seek compensation for burial and other expenses, although recoverable losses are somewhat limited. Your Houston maritime injury attorney can advise you whether you can file claims under multiple laws, depending on the circumstances of your loved one’s death.
DOHSA claims are available to maritime employees, harbor workers, longshoremen, and even passengers onboard vessels. Only immediate family members (parents, children, and spouses) can file a claim, and it is critical that the death occurred at least three nautical miles from the U.S. shoreline. Otherwise, survivors must turn to other laws for support with the help of their wrongful maritime death attorney.
A successful DOHSA claim also relies on presenting appropriate evidence showing how the employer was negligent or careless. In some cases, it may be those who operated the vessel or a third party whose actions led to the wrongful death, and your attorney may pursue multiple parties to maximize your compensation opportunities. Your lawyer must clearly demonstrate how the defendant’s actions or inactions directly led to your family member’s death.
Finally, you must act within the statute of limitations, which is only three years from the date of death. If you wait too long to hire a qualified Houston maritime death lawyer, you could lose the chance to bring your case to trial. Although there may be some exceptions, it is better to act quickly than forfeit your rights under the law.
Houston Jones Act Lawyer
Washington Senator Wesley Jones originated what became known as the Merchant Marine Act of 1920, now called the Jones Act. At the time, the U.S. government was concerned about potentially hazardous substances and dangerous practices among foreign-flagged ships operating in our domestic ports and waterways. As such, the law required that all vessels entering U.S. ports must be built and registered in the U.S. and crewed with American sailors.
This law requires any non-U.S. ships to offload their cargo onto U.S.-based ships before the freight can enter an American domestic port. Those working on these U.S. vessels are covered under the Jones Act for any injuries they may suffer. Potential vessels include:
- Barges
- Cargo ships
- Commercial fishing boats
- Cruise ships
- Drilling ships
- Ferries
- Freighters
- Supply and service ships for oil platforms
- Tug boats
Jones Act claims depend on demonstrating that the injury occurred on a qualified vessel meeting specific criteria. The Gibson Law Firm has managed many cases where correctly interpreting the law and matching robust evidence to the letter of the law made all the difference for our clients.
Criteria for Jones Act Vessels and Claims
There are three main criteria for pursuing a Jones Act claim. Your attorney will assess your injury circumstances against these to ensure you have a valid case. First, the vessel on which you were injured must be owned by an American company or individual. Even if it operates in international waters part or all of the time, ownership is a primary factor.
Second, the ship must operate in legally recognized navigable waters. These include rivers, lakes, and other waterways accessible from a coastal port, as well as oceans within three nautical miles of the shore. The vessel must spend a minimum of 30% of its time in these waters for Jones Act coverage to be in effect.
Third, the vessel’s primary purpose must be transporting cargo or passengers among or between U.S. ports. Cruise ships are included, but research and construction vessels are not, as their overriding purpose is not tied to transporting freight or people.
Liability for Maritime Accidents
A maritime injury claim hinges on demonstrating how an employer’s negligence led to your accident and subsequent harm. Once your personal injury lawyer establishes the connection, they clear the path to secure the compensation and benefits you deserve. By collecting records of your medical care, witness statements, accident reports, maintenance logs, and other vital evidence, your injury attorneys can hold vessel owners and other liable parties accountable.
Negligence can result from the other party’s actions or failure to act. As an employer, ship owners and operators owe employees a duty of care to provide a safe environment aboard a seaworthy vessel. Your attorney must show how the employer failed in their duty and how your injuries are the direct result of that failure. Once you establish those connections, you have the legal grounding to request full payment of the damages associated with your injuries.
There may also be more than one person or company at fault for your accident, allowing you to seek financial relief from multiple sources. For example, the manufacturer, maintenance company, inspection team, or others may have contributed to unsafe conditions. The Gibson Law Firm will review all the factors of your case to identify all potential avenues to maximize your compensation options.
Establishing Liability in Maritime Claims Requires a Thorough Investigation of the Facts
There are multiple considerations to demonstrate negligence during an insurance claim or lawsuit, but these are even more complicated in a maritime injury claim. Your injury law firm should be prepared to address details such as:
- Was the vessel docked, anchored, or in dry dock? Even if the ship was not actively sailing at the time, it may still fall under the Jones Act if it was being prepared for another voyage when you were hurt.
- Was the vessel in navigable waters? Your attorney will establish the vessel’s location at the time of your accident to qualify for a Jones Act claim.
- Is the vessel U.S.-owned and flagged? Collecting ownership records can verify who is potentially liable for your benefits or compensation under maritime law.
- Was the vessel considered unseaworthy? Under the doctrine of unseaworthiness, vessel owners must provide sufficient crewmembers to operate safely, supply safety gear, and maintain the vessel.
- Were there third parties involved in the accident? If others who were not employed by the ship owner also contributed to your injury, you may be eligible to seek a separate lawsuit against those parties along with a Jones Act claim against your employer.
Liability in Houston maritime injury claims is based on connecting the other party’s negligence to your injuries and fighting against their arguments that you were hurt somewhere else. You should expect the insurance company and employer to challenge your claim, but the experienced and tenacious injury attorneys from The Gibson Law Firm will push back hard. We are Texas tough and do not back down.
The Gibson Law Firm Eases Your Financial Concerns
In addition to fighting hard for your benefits, our Houston maritime injury lawyers address your worries about paying for top-quality legal counsel. Attorneys Jason Gibson and Casey Gibson begin by meeting with you for a complimentary case review, assessing your circumstances, and educating you about your options. When we take on your case, we use a contingency fee structure where we only receive our attorney’s fees after we secure a settlement for you. If your case is not successful, you owe us nothing.
Injured maritime workers in Texas are entitled to maintenance and cure payments from the day they are hurt, but you could qualify for much more. At The Gibson Law Firm, we pursue your benefits claim, moving to a personal injury lawsuit when appropriate to ensure you get every penny you deserve. If you or a loved one has been hurt on the job in Houston, contact us to get help now.
Contact Our Houston Maritime Injury Lawyers and Schedule Your Free Consultation
If you or a loved one has been hurt while working on a vessel or floating structure, you have specific rights and protections under the law. At The Gibson Law Firm, we proudly offer superior legal representation for these and other personal injury cases to ensure you get the benefits you deserve. In the event of wrongful death, we compassionately serve the needs of the surviving family members by helping them secure justice in honor of the deceased.
Learn more about how we can manage your claim to secure compensation and reduce your worries. Use our online form to schedule a free case evaluation for reliable legal advice from a Houston maritime accident lawyer today.