Undefeated Texas Maritime Lawyers
Maritime workers have the right to expect their employers to provide a seaworthy vessel, one that is not only in good condition but also equipped with the proper tools and protocols to ensure a safe working environment.
But with the global shipping fleet aging faster than ever — and the average age of a ship now 22.2 years, according to a 2023 United Nations-led report— offshore jobs have never been more dangerous.
And it’s not just aging vessels that pose a risk. When maritime companies prioritize profits over worker safety, even newer vessels can easily become unseaworthy, especially when they lack functioning safety equipment, have untrained crew members, or fail to meet industry standards for safe operation.
If your employer failed to keep you safe on the high seas, you have the right to hold them fully accountable for causing you harm.
Read on to learn what it means for a vessel to be “unseaworthy” in the eyes of the law, and how our undefeated maritime accident attorneys can fight to secure justice and maximum compensation for your family after an offshore accident.
What Is Seaworthiness?
In the dictionary, “seaworthy” refers to a vessel that is fit to sail. But under general maritime law, the term goes far beyond that.
A seaworthy vessel must not only be able to navigate open water, but it must also provide a safe and suitable working environment for every crew member on board.
In legal terms, “seaworthiness” refers to the condition of the vessel itself, as well as the safety of its equipment, tools, and crew, ensuring that workers can perform their duties without undue risk.
How Do You Know if a Vessel Is Seaworthy?
A vessel is considered seaworthy when it is equipped to safely complete its voyage, offering properly functioning tools and machinery, and a work environment that meets safety standards. Additionally, the crew must be adequately trained, healthy, and of sufficient number to operate the ship safely.
To meet the legal standard of seaworthiness, a maritime employer must ensure that the vessel:
- Is well-maintained and in good condition
- Has safe, operational tools, machinery, and equipment
- Provides a safe working environment
- Is outfitted with industry-standard safety devices
- Is crewed by enough trained and competent seamen
Maritime employers are legally required to maintain seaworthy vessels, and when they don’t, seamen and their families have the right to seek justice and pursue compensation for any significant injuries or wrongful death suffered.
What Makes a Vessel Unseaworthy?
A vessel is considered unseaworthy when it puts the safety of its crew at risk. Under general maritime law, a vessel owner must provide a ship that is safe and fit for its intended voyage. When they fail to do so, the vessel is deemed unseaworthy.
Unseaworthiness applies not only to the condition of the vessel itself but also to its navigational capabilities and the size, competence, and training of its crew.
Some of the most common causes of unseaworthiness include slippery decks and gangways, unprotected stairwells and floor openings, and inadequate railings, all of which contribute to significant fall injuries each year. However, a catastrophic accident can happen for any number of reasons when a ship is unseaworthy.
Examples of An Unseaworthy Vessel
- Aging or Neglected Vessel: Years at sea can take a heavy toll on a ship. If an employer neglects necessary repairs, updates, or inspections, the vessel can quickly fall into an unseaworthy state. Modernizing safety systems, updating navigation tools, and ensuring the crew is trained on current safety procedures are crucial to maintaining seaworthiness.
- Poor Vessel Condition: A ship that fails to comply with federal or state safety regulations or lacks proper maintenance is far more likely to capsize, sink, or experience other dangerous incidents.
- Unqualified or Understaffed Crew: The vessel may be unseaworthy if it lacks enough crew members, assigns too few crew to key tasks, has inadequate supervision, or employs untrained personnel, including an unqualified captain or even a ship doctor who fails to properly diagnose or treat your injuries or illness.
- Faulty or Poorly Maintained Equipment: Unseaworthy vessels often have malfunctioning machinery, such as rusty hatches, failed seals, or outdated navigation equipment. The absence of critical safety features like rails, fire extinguishers, or a working gangway can also render the ship unfit and result in serious injuries.
- Lack of Standard Safety Protocols: Ships that lack essential safety measures—such as anti-skid surfaces on walkways, properly functioning life-saving equipment, or secure exits—pose a significant risk to the crew.
- Unsanitary Living Conditions: Unsafe or unsanitary living quarters, contaminated food, improper waste disposal, or pest infestations can also make a vessel unseaworthy.
- Improperly Secured Cargo: Unsecured or improperly stowed cargo can shift during the voyage, endangering the crew and the vessel’s stability.
If a vessel fails to provide a safe working environment and this leads to significant injuries or wrongful death, it likely qualifies as unseaworthy under maritime law. In such cases, seamen have the right to pursue damages for unseaworthiness, in addition to seeking compensation for their injuries and losses.
Recovering Maximum Compensation After a Maritime Accident
If you or a loved one were injured aboard an unseaworthy offshore oil rig, cargo vessel, barge, tanker, or any other maritime vessel, it’s crucial to contact an experienced maritime accident attorney immediately.
Injured seamen are typically entitled to compensation through several legal avenues, including:
- The Jones Act: Allows seamen to sue their employer for negligence-related injuries, covering medical treatment, lost wages, pain and suffering, and more. To secure compensation, you must prove that the reckless actions of your employer or crew member caused you harm.
- Maintenance and Cure: Provides day-to-day living expenses and medical treatment on a no-fault basis but will not cover the full extent of your damages.
- Doctrine of Unseaworthiness: Holds shipowners strictly liable for injuries caused by an unseaworthy vessel. If you can prove the vessel was unseaworthy, you can recover additional damages above and beyond maintenance and cure, including compensation for medical bills, lost wages, pain and suffering, and more.
You may also have grounds to seek justice and compensation through the Longshore and Harbor Workers’ Compensation Act, the Outer Continental Shelf Lands Act, or a Personal Injury or Wrongful Death lawsuit.
Only a maritime attorney with specialized expertise in offshore injury cases can properly assess your case, protect your rights, and determine your best course of action. But securing maximum compensation requires more than just any maritime lawyer—it requires the best.
The team you hire can mean the difference between securing a multi-million dollar recovery or substantially less. That’s why choosing Zehl & Associates is critical to your recovery. Our undefeated Jones Act attorneys don’t just represent injured seamen—we fight relentlessly to maximize your recovery and secure your family’s future.
As such, we have recovered Billions on behalf of Gulf Coast families, including the largest verdicts and settlements in U.S. maritime history.
Who Is Responsible for an Unseaworthy Vessel?
When you file a Jones Act claim to hold your employer or a crew member responsible for their negligence, you may also be entitled to file an unseaworthiness claim, which could further increase your compensation. Unseaworthiness claims are brought against those responsible for the vessel’s unsafe condition, and the liable party may not always be your employer.
You may be able to bring an unseaworthiness claim against:
- The vessel owner: This is typically who an unseaworthiness claim is filed against, and the owner may not be the same as your maritime employer.
- Your employer: If your employer owns the vessel, they can be held accountable for its condition.
- A third party: In some cases, a third party, such as a manufacturer of faulty equipment, may be responsible for contributing to unsafe conditions aboard the vessel. Third-party claims are often highly complex and require the guidance of an experienced maritime attorney.
You should get in touch with a maritime attorney right away if you believe you have grounds for a claim of unseaworthiness.
Filing an Unseaworthy Vessel Claim
Unlike Jones Act claims, unseaworthiness claims don’t require proof of negligence. The focus is on the vessel’s condition, not the behavior of the employer or crew.
However, to successfully file an unseaworthiness claim, you must prove:
- That you were employed as a seaman.
- That the vessel was unseaworthy and caused your injury.
And you will need an experienced Jones Act attorney to help you navigate the complexities of maritime law and recover the full compensation you deserve.
Benefits of Unseaworthiness
By pursuing both a Jones Act and an unseaworthiness claim, seamen and offshore workers increase their chances of recovering compensation for medical bills, lost wages, and other damages.
Examples of those damages include:
- Reduced earning potential
- Pain and suffering
- Mental trauma
- Loss of enjoyment of life
- Shock and humiliation
- Disfigurement
These damages are similar to the types of non-economic damages available in a successful personal injury case.
However, the only way to ensure you recover the full compensation you deserve—including ALL future medical care, lost wages, and non-economic damages—is by hiring the best offshore accident attorney you can find and filing a comprehensive maritime injury lawsuit.
Was Your Vessel at Port? You Still Have Legal Options
Were you employed as a seaman and performing work related to the vessel’s mission or maintenance at the time of the injury? Even if the vessel was docked at port, you may still be entitled to pursue a Jones Act claim.
Under the Jones Act, seamen are protected whether their vessel is underway or stationed at port:
- It doesn’t matter if the vessel was anchored, moored, or undergoing repairs, as long as the injury is connected to your work aboard the ship.
- Injuries sustained while the vessel is at port can be just as severe as those that happen at sea. If these hazards contributed to your injury, you have the right to pursue compensation under the Jones Act.
- You may also have an unseaworthiness claim if the condition of the vessel played a role in your injury, even if it was docked at the time.
Contact a skilled attorney right away to protect your rights and determine your best options.
How Zehl & Associates Can Help If You Were Injured in an Offshore Accident
At Zehl & Associates, we win for injured seamen, drillers, mechanics, crew, oil rig workers, and other offshore workers every day. In our experience, companies will stop at nothing to pay you as little as possible for your injuries while promising to “make things right.” And we know exactly how to hold them fully accountable for causing you harm.
With Billions won and decades of experience, Zehl & Associates has the resources and knowledge to take on even the largest maritime and oil companies in the world and not only win — but set records.
Once hired, we stop at nothing to stand up, fight, and recover the maximum compensation you and your family deserve:
- We make sure you have access to the top-rated doctors and specialists in the country to treat your injuries at no up-front cost to you
- We are here for you around the clock, so you can focus on what matters most
- We NEVER settle for less than maximum compensation and we prepare every case for trial. If the company refuses to offer a settlement that fully compensates our clients, we will see them in the courtroom, where we remain undefeated
- Unless we are successful with your claim and recover money on your behalf, you don’t owe us a dime
Our team is here for you every step of the way. But don’t just take it from us — hear what our clients have to say about working with us.
Undefeated Maritime Accident Attorneys: Call 1-888-603-3636 for a Free Consult
Having recovered the largest, record-setting verdicts and settlements for injured offshore workers across the Gulf Coast and the United States, our undefeated Texas maritime injury lawyers can help you fight for the full compensation you need and deserve.
Don’t take a chance with your future. Contact our Undefeated Maritime Lawyers in Texas for a free consultation at 1-888-603-3636 or by sending us a confidential email through our Contact Us form.
Whether your claim falls under the Jones Act, DOHSA, or General Maritime Laws, we’ll answer your questions, explain your options, and make sure you have the information you need to do what’s best for you and your family.
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
29.73890263937774, -95.4612824423294
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
31.99827039117601, -102.07752974593966
Open 24 hours