Houston Maritime Accident Lawyers

Understanding the complexities of admiralty law and maritime injury cases in Texas can be challenging without the guidance of an experienced maritime attorney. Determining what legal rights an injured seaman has and what laws apply to a specific case can be confusing. To clarify how to proceed with a claim of maritime negligence, you or your loved one will benefit by getting help from the Houston maritime lawyers at the law firm of Williams Hart & Boundas.

We have spent decades helping victims who suffered injuries due to breaches of admiralty law in Texas. Our attorneys are available to potential clients, beginning with a free initial case evaluation, to discuss maritime injury cases and how to proceed. If maritime negligence has led to death, we can assist the surviving family members with their claim to seek compensation and justice on behalf of the deceased. Contact us to schedule a no-cost consultation today.

What is the Jones Act?

Initially called the Merchant Marine Act of 1920, the Jones Act established regulations for vessels operating in U.S. coastal waters and domestic ports, as well as some portions of the maritime industry. The Jones Act is an integral part of maritime law and offers important support for offshore workers with injury claims.

At the time, the U.S. was increasingly concerned about foreign-flagged vessels operating at U.S. commercial ports without oversight. The worry about unknown substances and practices spurred the creation of the Jones Act. This pillar of maritime law requires that all vessels operating in U.S. waters be built in the U.S., have American crewmembers, and sail under the American flag. Cargo coming from foreign ships must be offloaded to an eligible vessel or ground vehicle before the contents can be transported to their final destination.

The Jones Act builds on the protections supplied by the Federal Employer’s Liability Act (FELA). In Title 46 U.S.C. § 30104. Maritime law gives seamen the right to bring personal injury claims against their employers for negligence in all states with navigable waters, such as Texas. FELA originated for railroad workers, and the Jones Act describes the conditions necessary for maritime injury claims and how employers must remedy any wrongdoing.

How Does a Maritime Injury Claim Qualify Under the Jones Act?

The key factor for eligibility is that the seaman or crewmember be injured on a vessel or maritime environment that is covered by the Jones Act. Most commercial boats and ships will qualify, provided they meet the following criteria:

Owned by an American or American-based company: Although the ship may operate in international waters, it must be owned (not necessarily operated) by a U.S. citizen or U.S.-based entity.
Transports people or cargo: The vessel’s primary purpose must be commercially transporting people or cargo between U.S. ports or points.
Operates in navigable waters: To be eligible under the Jones Act, the vessel upon which the incident occurred must operate in navigable waters at least 30% of the time.

For the U.S., the term navigable waters means “those waters that are subject to the ebb and flow of the tide” and that are or have been traditionally used for commerce and transport. This includes a certain distance from the U.S. coastline outside international waters. It also covers all rivers, lakes, or waterways reachable from coastal ports used in this manner. The Jones Act specifically prohibits ships under foreign ownership from traveling these waters.

Common vessels or floating structures whose crewmembers can qualify as Jones Act seamen include:

Barges
Cargo ships
Commercial fishing boats
Drilling ships
Passenger ferries
Freighters
Service and supply ships for oil platforms
Tug boats

While it is possible for your maritime attorney to bring your claim in a Texas state court, Jones Act cases can and often are filed in federal court.

Offshore Injuries and Maritime Injury Claims Explained

Suffering harm at sea comes with the immediate uncertainty of getting medical treatment and getting back home. Once an injured offshore worker has begun to recover physically, they must face the challenges of managing their maritime injury claims. Crewmembers are not covered under traditional workers’ compensation insurance, so they must turn to other legal remedies such as those provided under the Jones Act.

The legal team at your maritime injury law firm may rely on the doctrine of unseaworthiness in your case. This legal doctrine says that shipowners bear an absolute duty to crewmembers and maritime employees to provide a seaworthy vessel fitted with all gear and equipment appropriate for their intended purposes. If someone is injured because the vessel or structure was not seaworthy, the victim likely has grounds for a personal injury claim.

Seaman injuries under the Jones Act demand a minimum remedy known as maintenance and cure. This compensation repays daily living expenses for the maritime worker while they recover and payment for medical care associated with their injury. Your maritime lawyer will convincingly argue for higher compensation based on additional damages.

The Maritime Injury Claims Process

When you are injured at sea, you should contact a Houston maritime law attorney immediately to discuss your legal options. Your lawyer will explain your rights and begin investigating the details of your case. They will gather documentation and other evidence to support your claim under the Jones Act and other aspects of maritime law.

Your attorney will assess potential damages, which might include:

Medical care, as included under maintenance and cure
Additional medical bills for ongoing care if you are permanently disabled
Lost income, retirement savings, and benefits, in addition to daily maintenance payments
Rehabilitation and physical therapy expenses
Vocational retraining or rehabilitation costs if you cannot return to maritime work
Pain and suffering
Mental anguish
Loss of future earning capacity
Loss of enjoyment of life
Loss of professional reputation

A qualified and experienced team of Houston maritime attorneys, such as those at Williams Hart & Boundas, will aggressively negotiate for full compensation on your behalf. They will ensure your economic and non-economic losses are addressed, holding the at-fault parties responsible for their negligence or wrongful actions. You can focus on getting better and getting your life back on track while we manage the legal details.

Maritime Wrongful Death Claims

Every sailor knows the sea holds both opportunity and danger. The risk of death at sea is still present despite modern safety measures. If your loved one passes away as a result of a maritime accident or injury, you have the right to claim compensation from the responsible parties through a wrongful death lawsuit.

Under the Death on the High Seas Act (DOHSA), relatives of sailors who die more than three nautical miles from shore can sue for the costs of recovery, funeral, and burial of their loved one. Families can also seek compensation for the lost guidance, emotional care, and financial support after the death.

Types of Maritime Accidents

There are numerous dangers seamen and crewmembers face when working in the maritime industry. For example, on a commercial fishing ship, the equipment, environment, and working conditions often seem to be dedicated to injuring those who wish to make their living on the waters. If a shipowner has failed to make the vessel safe or inadequate training leads to harm for other sailors, determining who is at fault for a work-related injury can be extremely difficult.

In the meantime, the victim suffers not only the physical damage from their accident but also stress over who is responsible for their financial recovery. Each type of injury can bring a wide range of expenses and various risks of harm. Some of the most common accidents in maritime environments result from:

Slips, trips, or falls: Crewmembers are always at risk of slipping on wet decks, tripping over equipment or debris, or falling from platforms, rigging, or from the side of a vessel. Poor lighting, improper training, and lack of safety barriers can also contribute to a slip, trip, or fall. The results can be minor or leave the sailor with catastrophic injuries.
Hazardous substance exposure: Chemicals used onboard for cleaning or work duties can be toxic if not properly contained and used. Additionally, the crew may be at risk from exposure to their cargo, which may include benzene, asbestos, hydrogen sulfide, and alcohols. Poor ventilation or lack of safety gear can result in injury or death.
Unsafe material handling: A vessel’s pitching, swaying, and rolling at sea can shift equipment and cargo, leading to a range of injuries. Crewmembers can lose fingers and limbs, suffer broken bones, and experience nerve or muscle damage. They can also receive traumatic brain injuries.
Inadequate training: When fellow seamen are not properly educated and drilled on how to react to dangerous situations, lives can easily be lost. Securing cargo and other materials is critical to avoiding unnecessary injury, but if the shipowner does not ensure all crewmembers are fully trained, they could be at fault for an unseaworthy vessel.
Repetitive motion: On ships such as fishing vessels, sailors often perform strenuous motions over and over. These actions can lead to damage to the shoulders, back, elbows, wrists, and hands. Not all maritime injury claims are from accidents, and your repetitive motion injury can be addressed with the help of a maritime lawyer.

More dramatic offshore accidents can involve oil rig explosions or blowouts, ship groundings, cruise ship mishaps, or issues with diving support vessels. Regardless of how you have been injured, the Houston maritime lawyers at Williams Hart & Boundas are ready to fight for what you deserve from your employer.

What To Do After A Maritime Injury

When you are injured, you may be in pain, confused, or even unconscious. If you are able, there are steps you can take to protect your health and your injury claim. If you cannot complete some of these steps, you can ask a colleague to assist you. Circumstances can change quickly on board a vessel, so it is important to act as quickly as possible to get help and gather evidence. Here are our recommended steps for injured seaman to take post-accident:

Seek medical attention: Visit the ship’s physician immediately for an evaluation and treatment. This establishes a direct connection through medical records between what happened and your injuries. Your legal team can further expand this link through follow-up treatment records.
Document the accident: Take photos of your injuries, the equipment involved, weather conditions, and anything else that played a part. It is crucial that you photograph dangerous conditions to support a claim of unseaworthiness if you are physically able and if it is safe to do so.
Notify your employer: The ship’s physician may alert the captain or your employer, but it is essential that you report your injury right away. This secures your claim that your injuries happened onboard the vessel as a result of a dangerous situation.
Speak to witnesses who saw the accident: You may already know their names and details, but it is vital that you ask them for their statements regarding what they saw. Your maritime legal team can also interview them later.
Document your injuries: Photograph your injuries before and during treatment. Make a written record of what happened and how you were hurt, and continue to write down how you are healing.
Get legal representation: As soon as possible, contact a skilled maritime legal team for a free consultation so you better understand how to move forward with your claim. Under maritime law, you have the right to legal counsel, so do not let anyone try to talk you out of calling a lawyer.

Building a robust claim requires an experienced personal injury attorney who understands the laws of the land and sea. Because these claims differ from those brought by onshore workers, it is critical to speak with a legal team comprised of seasoned trial lawyers with an established record of success in claims like yours. The attorneys at Williams Hart & Boundas will put over 40 years of combined legal experience and virtually unlimited resources behind your case.

Maritime Law and Injured Maritime Workers’ Rights

The terms “admiralty law” and “general maritime law” are used interchangeably and mean the laws governing U.S. ports and jurisdictions. This collection of laws includes the Jones Act, the Death on the High Seas Act, and the Outer Continental Shelf Lands Act (OCSLA).

Under OCSLA, maritime workers who work in mineral resource extraction from submerged lands within three nautical miles offshore have the right to bring a federal claim for employer negligence. This typically includes any offshore rig or platform but does not include ships. If these crewmembers do not work on Jones Act vessels, OCSLA allows injured workers to bring their claims under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Under all instances of admiralty law, victims can request compensation for medical expenses, lost income, and other damages. Your maritime lawyer in Houston can help you determine which laws apply to your claim so you are not left facing overwhelming medical bills without financial relief from those at fault for your injury.

The Law of the Sea

When an injury occurs outside of U.S. navigable waters or involves a foreign-flagged vessel, injury victims may have recourse under the Law of the Sea. Officially called the United Nations Convention on the Law of the Sea (UNCLOS), this 1994 United Nations action condensed previously unwritten rules and customs into a single understanding. UNCLOS establishes international law concerning:

Jurisdiction over coastal waters: Traditionally, territorial waters were three nautical miles from a country’s shore, but the agreement extends these to 12. UNCLOS member countries can administer laws on immigration, pollution, and taxes as far out as 24 nautical miles in adjacent areas.
Navigational rights: Only participating countries can navigate the territorial waters of any other member nation, including military vessels. All ships must adhere to the doctrine of “innocent passage” and not cause harm.

Natural resources ownership: Each country has an Exclusive Economic Zone (EEZ), reaching up to 200 nautical miles from its coast or 350 nautical miles from the country’s continental shelf. Other nations may not harvest natural resources from a country’s EEZ.

In instances where vessel owners violate UNCLOS and crewmembers are harmed, their attorneys must have a thorough understanding of how the Law of the Sea could affect your claim. The United States did not ratify UNCLOS and is not a participant. Therefore, jurisdictional challenges may arise as your lawyer determines the best course of action for your case.

Contact the Houston Maritime Injury Lawyers at Williams Hart & Boundas Today To Schedule A Free Consultation

Maritime law is extremely complex and uses specialized language to address the unique circumstances that happen onboard vessels and offshore structures. Any body of water used for commerce or transport in the U.S. is subject to these laws, but additional concerns can arise if a foreign vessel is involved. Understanding these details requires the professional skills of experienced maritime lawyers.

At Williams Hart & Boundas, we have secured millions of dollars in successful settlements and jury verdicts for our injured clients against their maritime employers. We are able to interpret complicated laws to your advantage according to the situation at hand, and we fight for the maximum compensation you deserve. Contact us today to arrange a free consultation and discuss the full range of legal options available to you.