Texas Maritime Injury Lawyers

Every year thousands of people are seriously injured in maritime accidents. Most people who are injured at work will be covered un the Workers Compensation Act, however, if you are injured on any type of floating vessel, Workers Compensation will not cover you. Floating vessels include diving ships, cruise ships, barge tugs, cargo ships, fishing boats, tankers, drill vessels and barges.

You must file a claim to recover your damages under the "Jones Act". The Jones Act (sometimes referred to as the Merchant Marines Act) was passed by the federal government and was written to protect crews who work on any vessel that carries the U.S. flag. This act also applies to off-shore workers and crews of any vessel using an inland waterway. Dock workers may also be able to recover damages for injuries under the Longshoremen's and Harbor Workers' Compensation Act.
Maritime accidents specifically refer to accidents involving any sea-going vessels such as:

If a worker, or seaman, on one of these vessels were injured, maritime law may apply rather than workers compensation. Usually, workers compensation prohibits an employee from recovering anything other than workers compensation benefits. The different guidelines under maritime law may allow an injured employee to recover damages from the employer when the negligence of that employer or a co-worker causes the injury.

Prompt and active legal representation following a maritime accident can be critical. Here are some of the reasons why.

Maritime law covers injuries or death to workers or passengers while on a seagoing vessel. In maritime personal injury cases, the injured seaman or passenger have two primary sources of recovery. A case can be brought "In Personam" which means that the case is brought against the vessel owner, either personally or against the company or corporation that is the owner. A case can also be brought "In rem" which means that it is a case that names the vessel (or ship) itself. Owners usually remain responsible for any injuries or accidents they cause and can be sued at any time within the applicable statute of limitations. There are times, however, where the income stream from the ship itself is the owner's only critical asset. However, vessels can sink, have little market value or can be removed to distant locations that can make the In Rem source of recovery difficult. Because of this, those injured at sea sometimes assert the right to arrest (seize) or threaten to arrest the vessel where it can be found, and hold the vessell until the owner promptly provides proof of adequate insurance to cover the injured's claims. Arrest of a vessel in some circumstances can lead to important concessions in favor of the injured. Arrest can also be in the interest of the injured since some maritime liens arising against a vessel in operation (preferred maritime liens) can potentially have priority over the injured's lien, even when the injured's lien was first in time. Prompt arrest of the vessel can thus be a critical part of an injured's claim.

An injured seaman is entitled to special relief, available only under maritime law called maintenance (daily rate), cure (payment of medical bills). Maintenance is payment of a daily rate, either set by law or contract, to cover the maintenance of the seaman who has been injured through the date of the scheduled end of the voyage, regardless of who was at fault in causing the injury. Maintenance is paid until the seaman achieves maximum medical cure. Resistance by vessel owners to pay reasonable maintenance and cure promptly can put the injured seaman in dire financial circumstances early on, both because of day to day living expenses and mounting medical bills. Securing fair and prompt maintenance and cure payments is the first task of the injured seaman's attorney. Daily rates are negotiable and depend on the needs of the seaman and other factors set forth in the law. If a seaman does not promptly obtain competent counsel, he or she can find themselves in unexpected financial distress to the point where prompt and proper medical treatment can be jeopardized.

A good law firm will be familiar with the medical options available to the injured seaman or passenger. It is important that the medical professional cares for the injured's health, first and foremost, without regard to the potential impact of maritime law related litigation. Medical professionals referred to the seaman or injured passenger by the vessel owner or their representative cannot always be relied upon to do this. A law firm can assist in referring the injured to the right doctor in Anchorage or Seattle who will be not be influenced by the potential for litigation and whom the client can rely upon to put his or her health first.

Prompt intervention by an experienced attorney can prevent evidence from being lost. Witnesses to maritime events, by definition, will be transient people. Professional seaman often come and go from vessel to vessel, sometimes live in remote areas and work odd jobs in the off season. The maritime accident and the place where the claim must be brought can be far from where critical evidence ultimately ends up. The prompt gathering of important eye witness testimony is jeopardized if a lawyer is not quickly retained.