Offshore accident lawyer: A lot of the time, jobs that take place abroad are more dangerous than most other jobs. The most damage is done to oil rigs, dredges, cruise ships, and cargo ships by bad weather, so these need the most repairs. You might be able to get paid if you get hurt because your boss is careless and doesn’t follow health and safety rules or check the quality of their boats. This is called negligence law or marine law.
A lawyer for ships in Houston, Texas
Workers who get hurt at sea may be able to get extra money on top of what the government gives them.
People who really need cash help but can’t get it often come to us. People who work for bosses often get workers to sign off for less money than they need because they don’t know their rights.
You should get help from a law company that knows a lot about maritime law if you were hurt while working offshore or on the high seas. A lawyer can help you get what you are owed if you were hurt in Houston while you were traveling.
ABRAM WATKINS: SPEAK TO A HOUSTON OFFSHORE INJURY LAWYER RIGHT NOW!
Injuries that happened at sea or offshore have been a big part of our work since Abraham Watkins is one of the oldest law companies in the state. Both personal injury cases and accident claims that happen abroad are things that our lawyers have done before.
We have shown that we are good at what we do by winning many cases for our clients over the past 70 years. When you call, we’ll put your case in touch with an injury lawyer in another country right away. They will carefully look into your case and use past wins for our law firm to help them come up with a unique plan for it.
We take the time to get to know each client and earn their trust. We always keep our clients up to date and try to teach as well as give advice so you know exactly where you stand. We never settle for less than what our lawyers give, and they listen with care.
To set up a free meeting with a Houston ocean accident lawyer from our firm, call 713-535-9319 right now.
WHAT DOES MARITIME LAW MEAN?
Over the last 100 years, marine rules have been made to protect the rights of American workers who do their jobs at sea. These rules tell everyone who works on an oil rig or a cruise ship what to do if something goes wrong.
Maritime law talks a lot about the outer lands. Any body of water outside the normal territorial borders of a country or state is called the high seas.
Maritime law also applies to anyone working in local waters that are less than 12 miles from the shore.
These rules are some of the oldest ones still in effect in the US, which can make them very hard to understand. In the last fifty years, these laws have been changed and updated several times, but many of them are still hard to understand and will need the help of an experienced marine lawyer.
Marine law is one of the oldest sets of rules in the US. It has changed a lot in the last 50 years. In the beginning, maritime rules only applied to people who were hurt in accidents that happened on the “high sea.”
Maritime law covers most of the waterways that people can use to get around in the United States today.
One of the problems you might have is figuring out what waters can be navigated and what ones can’t. When lawyers work with maritime law, they often have to use precedents from past cases because the rules aren’t always clear.
At this point, any piece of water that can be used as a highway is considered navigable. A body of water is movable if it can be used for trade with other countries or as a highway between states or countries.
WHERE CAN YOU FIND MARITIME CASES IN TEXAS?
Federal laws cover maritime matters, so the federal court generally has the power and authority to hear these cases. Depending on the rules and the case, workers may be able to bring federal maritime cases like this one in state courts.
The Jones Act lets you file a claim in either federal court or Texas state court if you were hurt in an accident abroad, on navigable waters, or on high seas.
It’s hard to understand marine law because there are so many connections between state and federal laws. If you want to win, you should always hire a specialized offshore accident lawyer to help you.
HOW TEXAS’S Majority LAW AFFECTS YOU
Rules that deal with shipping and the sea are called maritime and admiralty rules. These are the most important and most often used acts. They cover most cases of personal injury accidents that happen abroad. These laws tell you what benefits you are automatically entitled to and what you should do to get the money you earn.
Act to pay longshore and harbour workers
According to the Longshore and Harbor Workers Compensation Act (LHWCA), the following marine workers can file for compensation:
- Construction workers in the harbor.
- Workers are on the shore.
- Workers are on the docks.
- Fixers of ships
- Boat builders.
You may be able to file a claim under this act if your accident happened near navigable waters, like on a dock, a bridge, or in a shipyard.
ACT FOR OUTER CONTINENTAL SHELF LANDS
As a further addition to the LHWCA, this act lets you file a claim if you get hurt while working on the Outer Continental Shelf of the United States, such as when you are exploring, collecting, or producing natural resources.
Some things should be noted, though. People who work for the US government or a foreign government are not allowed to make claims under this act.
THE HIGH SEAS DEATH ARTICLE
A person dying in an accident is the worst thing that can happen on the high seas and the thing that people are most afraid of. The Death on the High Seas Act covers cases of wrongful death that happen on the high seas and are not in the state’s territorial borders.
Because of this law, a family can ask for monetary damages, like financial help and compensation, because of the wrongful death. You only have three years from the date of the accident to file a claim because of the statute of limitations.
The Merchant Marine Act, which is also known as the Jones Act, is one of the oldest and biggest statutes. This lets marine workers file a claim against any boss whose mistakes caused the accident that hurt them, in whole or in part.
Some examples of carelessness at sea are when:
- Employers don’t take care of safety equipment.
- Employers do not give workers safety gear.
- Employers do not do enough when they know of inappropriate behaviour
- abnormally bad weather.
- Workers are given careless orders by their bosses.
Employers do not get hurt workers the quick and proper medical care they need.
Get in touch with a personal injury lawyer right away if you or someone you care about was hurt abroad because of the carelessness of the employer who was supposed to protect them. The sooner you tell them about it, the more likely it is that you will get full pay.
LAW LIMITING LIABILITY
As a result of the Limitation of Liability Act, boat owners can lower their responsibility if an accident happens on their boat. This means that if you file a claim under the Jones Act and your boss owns the ship, they might not have to pay as much as they used to.
For this argument to work, the boat’s owner must be able to show that they were not aware of the dangers that caused the accident.
Since “Admiralty Law” governs the Limitation of Liability Act, a judge must hear the case and be the only person who can decide what will happen.
Your best chance to win is for your lawyer to present the strongest case possible because a judge will have to hear your case. As part of their defence, your lawyer will try to show proof that the owners of the boat knew about the risks and should be held responsible.
Seamen’s right to repair and heal
All sailors have the right to repair and maintain. This means that if you get hurt at work, you can automatically get benefits to cover your medical bills and daily living costs while you’re on disability leave.
Even though you will automatically get these benefits, they won’t be as good as the money you might get from a maritime accident claim. Also, you don’t have to show that your boss was careless in order to get these benefits for maintenance and cure.
It is required that the worker receive these benefits until their doctor says they are fully recovered.
Most of the time, we deal with major accident cases in Texas.
Workers put their lives at risk every day because the chances of getting hurt or having an accident at work offshore are much higher than at a regular job. A marine worker has to be careful of many dangers because of the harsh working conditions, bad weather, and limited visibility that come with working at sea.
Workplace accidents like fires and explosions, falling items, slippery floors, and broken machines can all hurt or kill workers.
As Texas marine accident lawyers, these are some of the most common kinds of accidents we see
INCIDENTS WITH JACK-UP RIGS
An oil rig that is made to be moved around is called a jack-up rig. They are easy to set up because they have legs that connect to the sea floor.
Because they are set up faster, extra care needs to be taken to make sure the right steps are taken and that the rig is safe and stable to avoid getting hurt.
Workers could be killed or badly hurt if a jack-up rig falls down or if there is a fire or explosion on board. It needs to be looked into to find out what happened. If someone else was careless, you should talk to an offshore accident lawyer about your case.
INCIDENTS ON OIL PLATES
Working on an oil rig has always been dangerous, so it’s important to have a strong staff that knows about health and safety and how to do things right. This is because, on an oil rig, even small mistakes can trigger huge problems.
Fires and explosions on oil rigs can quickly turn into full-on emergencies, and if they are not treated properly, a lot of people could get hurt.
The Jones Act protects all people who work on oil rigs.
Even though you may not be working out at sea as a dredge worker, the Jones Act and other maritime rules protect you. Working on dredges can be very dangerous, so they need to be kept in the best shape possible.
Accidents like falling, being crushed by moving objects, and getting hurt by broken machinery are more likely to happen when the right safety practices aren’t followed or the right maintenance isn’t done.
Don’t forget that dredge workers have a lot of the same rights as foreign workers. Get in touch with an offshore accident lawyer right away if you don’t know what your rights are. They’ll be able to give you advice and help.
DECKA BAD LUGS
Accidents on the deck happen a lot on oil rigs, in docks, on boats, and on dredges. Because the deck is often wet or in full sunlight, which can make it hard to see and grip. Also, there are places where you could trip that aren’t clearly marked.
Common injuries on the deck are:
- Things in the air or hanging low.
- Whether that is dangerous or very bad,
- Things that fall
- Errors are made by humans.
- Broken or worn-out tools.
If you were hurt on deck, you may have to wait a long time to get better. Some of the most common injuries on the deck are broken bones, head injuries, and internal injuries like heart damage or bleeding.
Most of the time, these kinds of accidents will cost you more money than your automatic benefits for care and treatment. If you hire an expert, you will be able to try to get all of your damages back.
INCIDENTS ON CARGO SHIPS
The maritime cargo business is a huge one, moving about 80% of the world’s goods. More and more people are entering the cargo business every year because the need for it keeps growing.
There are many risks that you need to be aware of as a shipping worker. Most accidents happen because of broken machines or things that fall on people. But fires, explosions, and chemical spills can also hurt people.
Often, cargo ships are in charge of moving expensive goods. Because of this, pirates may try to attack them. Pirates have attacked offshore workers and hurt them, and in very sad cases, they have even killed offshore workers.
HAPPENINGS ON CRUISE SHIPS
It gets a lot harder to sue your boss when you work on a cruise ship. When people work on cruise ships, they often sign contracts with parts that help or protect the company from harm claims.
These steps are taken because workers often get hurt on cruise ships. Cruise ship workers can get hurt while leading trips or drunk passengers can attack them. Things could still fall off the deck, or accidents could happen on the deck.
If you worked on a cruise ship and got hurt while signing a contract, you should have your offshore accident lawyers look over the contract. They can tell you what your best choices are.
TYPICAL INJURIES THAT OCCUR IN AN OFFSHORE INJURY CLAIM
When a boss isn’t paying attention, many accidents and injuries can happen. Injuries can be very small or very serious, which means the damage you get can be different.
Some of the most common accidents our Texas maritime lawyers see are
When people work abroad, falling objects are one of the most common ways they get hurt. Things are very likely to slip or fall over if they are not properly held in place or if the restraints are not properly kept and break.
When heavy objects hit people, they can sustain severe crush injuries. As an example, this could mean internal bleeding or organ damage, paralysis, or having to cut off limbs that have been crushed.
People who work abroad can get terrible crush injuries that can last a long time.
INJURIES FROM BURN
If an employee gets burned, it’s one of the worst things that can happen. In addition to the terrible pain that comes with a bad burn, there is a good chance that you will get an infection or sepsis. A person may also be disfigured for life, which can lower their quality of life. Skin grafts and long-term care are very common.
Fire is a regular danger at sea and in the open ocean. With their explosive chemicals, oil rigs, cargo ships, and ship engine rooms are more likely to catch fire.
HUMAN BRAIN DAMAGE
Brain injuries often happen when the head is hit with a hard object or when it is penetrated. Some parts of the body heal faster than others. For the most part, this means the damage is lasting.
Different kinds of brain damage exist. It is possible for the injuries to be fatal if they are not handled quickly. The damage could be permanent or even deadly, even if a paramedic comes right away. It gets worse: Brain injuries can have different signs, and the person who has them may not know they have one until it’s too late.
A brain injury can happen for many reasons, such as when safety equipment isn’t working right or when someone slips and falls or something falls on them.
IN TEXAS, WHAT RIGHTS DO HARMED MARINE WORKERS HAVE?
Knowing your legal rights is important if you work abroad. In the event of an injury, you will know exactly what benefits you are eligible for and how you will be protected.
According to marine law, you have the right to
Medical care—Perhaps most importantly, if you get hurt on the job offshore, you are eligible to receive benefits to pay for your medical bills. To get this money for medical care, you don’t have to show that you were negligent. In the event that you get hurt while working abroad, you won’t have to use your health insurance to pay for your care. If you get hurt abroad, you have the right to get compensation. The money from these payments should cover your hospital bills.
Benefits for maintenance—These help pay for your daily living costs while you’re healing from your offshore accident.
Your choice of doctor—You can see any doctor you want, even if you’ve already been to the company’s insurance-approved doctor. This means you can pick your own service from now on.
Accident statement that isn’t recorded: You have to write down what happened as soon as possible, but your boss can’t make you give a recorded statement. A taped statement can be used against you, so it’s usually not a good idea to do it. Sometimes, after an accident, you might say something you didn’t mean to, like “I’m fine.”
What kinds of damages can a Houston maritime injury lawyer help me get back?
If an accident happens offshore, maritime law says you can get your money back for the losses. The vast majority of the time, you should be claiming upkeep and cure costs to cover your medical bills and daily living costs.
There are times when your boss might not want to give you back what you have earned. Often, they will try to get the worker to agree to payments or a settlement that isn’t worth what the injuries and losses really cost. The worker may not know what their real rights are, so they might agree to this, signing off on the payments and giving up their right to ask for more money.
Always work with a personal injury lawyer who cares about you. They will know what your rights are and can make sure that the severity of your damage is taken into account.
A skilled lawyer will give you advice about:
- Using the Jones Act
- the prices of upkeep and repairs for medical and household bills.
Seaworthiness claims if your injuries happened because of equipment or the state of the vessel that wasn’t safe.
Accidental death claims
There are times when you can make more than one type of maritime claim at the same time. This makes it more likely that you will be offered more money.
PUTTING IN A TEXAS NEGLIGENCE CLAIM FOR A MARITIME INJURY
Beyond any marine law claim, you can also file a claim for negligence. This is the same as any other personal injury case in terms of how it works. You might be up against an insurance company with a tough legal team in these situations. You will need a strong, skilled maritime lawyer to show that you are serious and will fight for what you are due.
Because Abraham Watkins helps people all over Texas, we can give you a specialized lawyer. For example, if you live in Houston, when you get back to land, we can give you a personal injury lawyer from our office in Houston. This way, you’ll have an attorney who knows the judges and courts in your area.
If a maritime worker files a carelessness claim, they may be able to get money from the ship’s owner while also filing a maritime claim against their boss.
You’ll have to show the four parts of negligence, just like
you would in a case of personal harm. These four things are:
- Your boss had a job taking care of you.
- Because they were careless or negligent, they broke this duty of care.
- The breach of duty of care was directly responsible for your harm or hurt.
- This caused you harm, like lost pay, medical bills, pain and suffering, or even wrongful death.
WHAT DAMAGES YOU CAN GET FOR MARITIME NEGLIGENCE
If someone wins a maritime law negligence claim, the damages they get are usually a lot higher than the benefits they could get immediately for maintenance and cure.
Depending on the harm you’ve received and how much pain and suffering you are going through, Damages, both monetary and non-monetary, that you may have suffered must be estimated before a settlement offer can be made.
You can ask for the following damages with the help of a Texas marine lawyer:
WHOLESALE MEDICAL COSTS
You can try to get all of your medical bills paid if you have a carelessness claim. This includes the costs of care you’ve already received and any care you may need in the future because of the accidents.
As for long-term care, your marine lawyer may ask a medical professional to help them figure out how much a lifetime of care would cost, which would allow them to go after that amount.
When you’re hurt, you’ll probably have to miss work for a while. For many jobs, this means you’ll lose money or pay. This might make you feel anxious, especially if you need to pay bills.
There are some injuries that are so bad that the person will never be able to do the same job again. In this case, your lawyer will try to find out how much that lost lifetime of earning potential is worth.
HARM NOT RELATED TO MONEY
Your non-economic losses are the ones that are harder to put a number on because they are subjective. Pain and suffering are a regular type of damage that isn’t related to money. You should get paid for all the pain and mental suffering your injury has caused you. This is what your non-economic damages should show.
Another common damage that isn’t monetary is losing the pleasure of living. You should be paid for the loss of enjoyment of life if your injuries mean you can’t play with your kids or enjoy the same level of life and exercise
Houston Offshore Injury Frequently Asked Questions
Should my injury occur away from the water?
Yes, marine law can still protect you if you get hurt while working for someone else, even if your ship is not in the water.
Is a Texas maritime lawyer necessary to make a claim?
You never need a lawyer to defend you. Without a lawyer, you have very little chance of beating the aggressive legal teams that are working against you. Having a good marine lawyer on your side greatly increases the chances of your claim being accepted.
How much money could I get using martial law?
How much your maritime law claim is worth will depend on the damages you’ve been through, such as how bad the accident was, how responsible the employer is, and how much pain and suffering you’ve been through.
How long does it take for maritime law cases to end?
Each marine law case is different and complicated, and the whole process could take years. The less complicated cases usually end faster than the more complicated ones. How long your case takes will depend on how hard it is to figure out who is at fault and how bad the injuries are.