How to Handle Maritime Injury Claims in Texas

Maritime injuries can be complex due to the unique laws governing maritime activities. If you or a loved one has been injured in a maritime workplace or accident in Texas, understanding how to navigate the claims process is essential for securing fair compensation. Below are key points to consider when handling maritime injury claims in the Lone Star State.

Understanding Maritime Law

Maritime law, also known as admiralty law, applies to incidents occurring on navigable waters, including oceans, rivers, and lakes. In Texas, maritime injuries often involve workers who are part of the shipping, fishing, or oil and gas industries. These laws differ significantly from standard personal injury laws found on land.

Common Types of Maritime Injuries

Maritime workers often face various hazards leading to injuries, such as:

Slips and falls on wet surfaces
Crushing injuries from heavy equipment
Chemical exposures
Falls overboard
Injuries caused by machinery malfunctions

Legal Framework for Maritime Injury Claims

In Texas, maritime injury claims can be filed under several legal provisions or acts, notably:

The Jones Act: This act is designed to protect sailors and maritime workers who are injured due to their employer’s negligence.
The Longshore and Harbor Workers' Compensation Act (LHWCA): This federal law provides benefits to workers injured on navigable waters but does not fall under the category of seamen.
General Maritime Law: This encompasses common law claims for unseaworthiness or negligence that often extend to various maritime workers.

Steps to Take After an Injury

If you suffer an injury while working on a vessel or offshore, taking immediate action is critical:

Seek Medical Attention: Prioritize your health and ensure you get the medical care you need.
Report the Incident: Ensure the accident is officially reported to your supervisor and document the details.
Collect Evidence: Gather witness statements, photographs, and other documentation that supports your claim.
Contact a Maritime Attorney: A lawyer with experience in maritime law can guide you through the complexities of your case.

Choosing the Right Maritime Attorney

When selecting a lawyer for your maritime injury claim in Texas, consider the following:

Experience with maritime law and specific knowledge of the Jones Act and LHWCA.
A proven track record of successful claims related to maritime injuries.
Open lines of communication and a willingness to answer your questions.

Filing Your Claim

Filing a maritime injury claim can be time-sensitive. Ensure that you:

Understand the deadlines for submitting claims.
Gather all necessary documents, including medical records, work history, and witness statements.
Be prepared for a negotiation process with insurance companies.

Potential Compensation

In maritime injury cases, compensation may cover:

Medical expenses related to the injury.
Lost wages due to inability to work.
Pain and suffering endured as a result of the injury.

Consider that each case is unique, and the compensation amount will depend on various factors, including the severity of the injury and the degree of negligence involved.

Conclusion

Navigating a maritime injury claim in Texas can be daunting, but understanding your rights and the legal framework can empower you to seek justice effectively. By taking appropriate steps and working with a qualified maritime attorney, you can ensure that your claim is handled professionally and thoroughly.