Texas has numerous industries that involve the open sea and inland waterways. Workers in these industries are not necessarily covered by the same workers’ compensation laws as employees on dry land.
Maritime or admiralty law protects workers whose jobs require them to work on navigable waters. It also protects passengers aboard vessels on navigable waters. Without these laws, injured victims may not recover the compensation they need after a maritime accident or injury.
If you were injured at a job on navigable waters or while on a vessel, contact our undefeated maritime lawyers for a free consultation to discuss your case. Call 1-888-603-3636 or contact us online to speak with a member of our legal team.
Why Is Maritime Law Important in Houston, Texas?
If maritime workers are injured on the job, they generally cannot seek benefits through state workers’ compensation. Instead, their only option is to seek compensation for damages under federal maritime laws.
Some of the most important maritime laws for workers include:
The Jones Act
The Merchant Marine Act of 1920, more commonly known as the Jones Act, gives maritime workers the right to seek “maintenance and cure” for job-related injuries. The benefits are no-fault payments, so employers must pay maintenance and cure regardless of who is at fault for the maritime accident.
Maintenance is payments to injured workers to assist with daily expenses. Cure is the payment of medical bills related to their injuries. Seamen are entitled to maintenance and cure payments until they reach maximum medical improvement (MMI).
The Jones Act allows seamen to sue their employer for negligence. If the employer is found to be negligent in causing the seamen’s injuries, the seamen may receive compensation for damages, including:
- Loss of future wages and earning capacity
- Ongoing medical expenses
- Loss of enjoyment and quality of life
- Pain and suffering
- Disfigurement and scarring
- Permanent disability
Families of workers killed in maritime accidents can file wrongful death claims seeking compensation for damages. However, they must prove negligence or unseaworthiness to recover compensation.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) created federal workers’ compensation benefits for employees performing work in or adjoining navigable waters. Benefits are paid on a no-fault basis and include medical expenses, disability benefits for lost wages, survivor benefits, and vocational rehabilitation.
Generally, employees covered by the LHWCA cannot sue their employers, but they may have a third-party claim if another party caused their injuries. Third-party injury claims can provide additional compensation for maritime workers that they cannot receive under federal maritime injury laws.
The Outer Continental Shelf Lands Act
The Outer Continent Shelf Lands Act (OCSLA) grants jurisdiction to U.S. district courts of cases connected to operations on the outer continental shelf. The Act is important to maritime workers in Texas who work in the Gulf of Mexico on oil platforms, drilling rigs, and other stationary structures at sea because it provides them with the protections other maritime workers have if they are injured on the job.
It extends the protections granted by the Longshore and Harbor Workers’ Compensation Act to these workers so they can apply for LHWCA benefits if they are injured on the job. The OCSLA was amended to confirm that the Jones Act applies to employees of offshore energy development on the outer continental shelf.
The Death on the High Seas Act
DOHSA, or the Death on the High Seas Act, was enacted in 1920. It provides rights to survivors of workers who are killed at sea because of negligence. This federal law primarily applies to incidents that result in passenger deaths on cruise ships at sea.
Eligible family members can apply for economic damages under DOHSA. However, the law does not provide for non-economic damages. The decedent’s estate cannot file a claim to recover funeral expenses or medical bills, but family members may recover damages if they pay these expenses.
Contact Us Online or at 1-888-603-3636 for a Free Consultation With an Undefeated Maritime Lawyer in Houston, TX at Zehl & Associates
Maritime law is a complicated area of injury law. Federal statutes have different rules than state laws for injury and workers’ comp cases.
For more information, please contact our Undefeated maritime injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours