Rights and Compensation for Injuries in Maritime and Offshore Workplaces Near Houston, TX

Maritime and offshore workplaces present unique challenges and risks to workers in Houston, TX. The laws and regulations governing these environments are distinct from those that cover worker’s compensation and personal injury on land, which can mean some confusion regarding your rights and compensation for injuries.

An offshore accident attorney can help you understand what rights you have and how to get the compensation you need.

The Jones Act

The Jones Act protects American seamen, and under this law, seamen who suffer injuries due to the negligence of their employers or coworkers can seek compensation. This act covers a wide range of maritime workers, including those employed on ships, tugs, barges, and other vessels.

To qualify for protection under the Jones Act, one must be classified as a seaman, meaning that they must spend a significant amount of their work time on a vessel in navigation. Individuals who work primarily onshore or those whose job roles are not connected to the functioning of a vessel are not considered seamen for the purposes of this legislation.

The Jones Act does allow injured seamen to sue their employers for negligence in certain situations. Negligence claims can arise from various situations, such as inadequate training, unsafe working conditions, or defective equipment, but it is incumbent upon the injured party to prove a link between the employer’s actions (or lack of action) and their injury.

Unlike state workers’ compensation laws, which often limit the types and amounts of recoverable damages, the Jones Act does permit recovery for pain and suffering, lost wages, medical expenses, and other losses.

Longshore and Harbor Workers’ Compensation Act

For maritime workers not covered by the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides some crucial protections.

This federal law covers individuals working on navigable waters of the United States, including those employed in shipyards, docks, and terminals. The LHWCA ensures that workers injured on the job receive compensation for medical treatment, lost wages, and rehabilitation services.

Unlike the Jones Act, the LHWCA does not require proving employer negligence; it operates more similarly to traditional workers’ compensation programs.

Benefits under the LHWCA are generally calculated based on the worker’s average weekly wage and the extent of their disability. An important aspect of the LHWCA is its applicability to a broad range of maritime occupations, including ship repairmen, harbor construction workers, and other non-seaman roles.

Offshore Drilling Injuries and the Outer Continental Shelf Lands Act

Offshore drilling poses unique hazards and can often result in serious injuries. The Outer Continental Shelf Lands Act (OCSLA) extends the protections of the LHWCA to workers involved in the exploration and extraction of natural resources on the outer continental shelf.

This includes oil rig workers, drillers, and other personnel engaged in offshore drilling operations.

Under the OCSLA, injured workers can claim benefits for medical expenses, lost wages, and rehabilitation services, similar to those available under the LHWCA.

This law acknowledges the perilous nature of offshore drilling and aims to provide comprehensive support to those injured in these challenging environments.

General Maritime Law

General maritime law encompasses a variety of protections and rights that extend beyond specific statutes like the Jones Act or the LHWCA. These rights include claims for unseaworthiness, which is a central concept in maritime injury cases. Unseaworthiness refers to the vessel’s condition and its suitability for the tasks it undertakes.

A vessel must be reasonably fit for its intended use, and any failure in this regard can give rise to a claim.

An unseaworthiness claim can be brought if the there’s defective equipment, inadequate crew training, or improper maintenance of the vessel.

Unlike negligence under the Jones Act, an unseaworthiness claim does not require proving the employer’s fault. Instead, the focus is simply on whether the vessel or its components were fit for their intended purpose. Successful claims can result in compensation for injuries, lost wages, pain and suffering, and other related damages.

Types of Compensation Offered

Maintenance and Cure

Maintenance and cure obligates maritime employers to provide for an injured seaman’s basic living expenses (maintenance) and medical care (cure) until they reach maximum medical improvement.

This obligation exists regardless of fault, meaning that an employer must support the injured worker even if the injury was not due to negligence or unsafe conditions.

Maintenance and cure benefits are relatively straightforward and are intended to ensure that injured seamen have the resources they need to recover.

However, disputes can arise over the adequacy of the maintenance payments or the extent of the required medical treatment, so it’s always wise to have an offshore accident attorney to call upon.

Personal Injury Claims and Damages

Compensatory damages typically cover medical expenses, both past and future, lost wages, and pain and suffering. Medical expenses include all necessary treatments, surgeries, rehabilitation, and ongoing care required due to the injury.

Lost wages are calculated based on the worker’s average earnings and the duration they are unable to work.

Pain and suffering damages account for the physical and emotional distress caused by the injury. Punitive damages, although less common, can be awarded if the employer’s conduct was particularly reckless or malicious, such as if the employer was willfully ignoring safety standards.

Compensation for Psychological Injuries

Psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression, are also common among workers who have experienced or witnessed traumatic events, and these injuries may manifest long after the physical wounds have healed.

Under the Jones Act, LHWCA, and general maritime law, workers may claim compensation for psychological injuries, including costs for therapy, medication, and other necessary treatments. Proving the extent of psychological harm can be hard, and a lawyer is crucial here.

Statute of Limitations in Maritime Injury Cases

For Jones Act and LHWCA claims, the statute of limitations is generally three years from the date of the injury. The time goes by very quickly, and missing this deadline can result in the forfeiture of the right to compensation. Always talk to a lawyer as soon as possible.

It’s important to note that there can be exceptions to this time limit based on the specifics of the case, but exceptions are just that: exceptions. Never assume your case will be an exception. Always talk with an experienced attorney as quickly as possible.

Comparative Negligence in Maritime Law

Under this principle, the compensation awarded to an injured worker can be reduced by the percentage of their own fault in causing the accident. For instance, if a worker is found to be 30% responsible for their injury, their compensation would be reduced by that same percentage.

Additionally, in maritime law (and unlike Texas personal injury law generally), a worker can recover compensation to the degree of fault their employer is assigned, no matter how much fault they themselves might hold.

Your Offshore Accident Attorney

Maritime lawyers protect injured workers through their understanding of maritime law, including all the various statutes, regulations, and legal precedents that govern such claims.

A general practice lawyer, and even one who specializes in personal injury, will not have the experience and knowledge to deal with a complicated ​maritime law claim. Be sure to work with an ​attorney experience in offshore accident claims.

If you’ve been injured in an offshore environment, ​contact us at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner right away for a consultation.