Dredge workers have an important role in the Houston Ship Channel, operating equipment that keeps the channel open and deep so that it can be used by large cargo and container ships. As vital as this work is, the workers who do the job are subjected to many types of hazards that can lead to injuries, including wet, slippery surfaces, falling objects, the risk of falling from heights, and equipment-related accidents. If you have been injured while working as a dredge operator, a Houston dredge worker injury lawyer can help you understand the laws that are in place to protect you and the process of seeking compensation and other benefits after you have been injured. Talk to our maritime injury attorneys to learn more about your legal options and whether you are entitled to compensation.
What Are the Laws that Protect Injured Dredge Workers?
The U.S. Supreme Court has verified that dredges are considered vessels, meaning that workers on dredges are covered by maritime law. Maritime law is a group of federal laws aimed at protecting those who work in and adjacent to navigable waters, including providing processes that workers who are injured on the job can use to get the medical coverage and compensation they need. Two laws may cover accidents involving dredge workers, including the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Jones Act
The Jones Act allows injured dredge workers to sue their employers for negligence if the vessel they were working on was deemed to be unseaworthy. Workers eligible to seek compensation through this law may be eligible for compensation for the following:
- Pain and suffering
- Vocational rehabilitation
- Past and future medical expenses
- Lost wages and loss of future earning capacity
Unlike state workers’ compensation programs, the Jones Act provides injured workers with the right to a jury trial, and also provides certain benefits on a “no-fault” basis, meaning the worker does not need to prove employer negligence to access them.
Longshore and Harbor Workers’ Compensation Act
The LHWCA also commonly provides benefits and protections for injured dredge workers, offering medical coverage, as well as total or partial disability benefits, death benefits for the family members of dredge workers who are fatally injured in workplace accidents, and vocational rehabilitation for workers who are unable to return to their previous employment due to the nature or severity of their injury.
During a consultation, a dredge worker injury attorney from our firm in Houston can determine if your accident is covered under either or both of these acts.
Do You Need a Lawyer to File a Maritime Law Claim?
Maritime law is extremely complex. From determining which law applies to a specific case to meeting the deadlines that the claims process requires, and from understanding the type of evidence needed to negotiating a settlement with an insurance provider or fighting the case in court, a lawyer may provide numerous services with the goal of helping the claimant get the compensation and benefits they need. Some of these services include:
- Presenting the case in court if necessary
- Communicating with insurance companies and employers on the injured worker’s behalf
- Helping the worker to understand their rights and what constitutes a fair settlement offer for their claim
- Establishing a value for the claim based on medical documentation, work records, witness statements, and other evidence
Many injured workers attempt to navigate the claims process on their own because they do not believe they can afford a lawyer, particularly when faced with missed work and medical expenses related to the injury. However, it is important to understand that our dredge worker injury lawyers can provide these services in Houston with no upfront payment required. Instead, we are paid on a contingent fee basis after the case has been settled or an award has been ordered in court.
Speak With a Houston Dredge Worker Injury Attorney Today
Suffering a workplace injury can be overwhelming. Let us help you understand your legal options for seeking the compensation and benefits you need. Get in touch with us today to schedule a free case evaluation with a Houston dredge worker injury lawyer.