Maritime injuries refer to injuries suffered by workers on U.S. navigable waters. Navigable waters may be used for interstate or international commerce or travel.
Maritime injuries can be severe. Oil rigs, commercial vessels, and docks have multiple dangers, from heavy objects and machinery to fires, swinging booms, loose equipment, and slick, unsteady surfaces. All pose dangers, from crushing injuries and head trauma to being flung overboard.
Asking, “What is a maritime injury?” is critical if you get hurt because most maritime employees aren’t eligible for traditional workers’ compensation benefits. Several laws cover workplace injuries if you’re a maritime employee, but determining which ones apply to you can get tricky.
A Houston maritime injury lawyer can evaluate your circumstances and provide more information about how you may obtain compensation for medical treatment and missed wages.
Laws about maritime injuries
Many maritime workers, such as seamen, ship captains, and even some oil rig workers, are protected by The Jones Act. It covers the process for these injured workers to obtain compensation for injuries suffered while on a vessel in U.S. navigable waters or injuries suffered near those waters.
If you work in one of these jobs, you may be able to file for compensatory damages, including pain and suffering, under the Jones Act:
- Seamen and vessel crew
- Maritime engineers and surveyors
- Oil and gas rig workers
- Harbor construction, shipbuilding, ship repair (dry dock)
Some longshoremen may be covered under the Jones Act, but few are. Instead, dock workers and stevedores are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). This law provides many of the same rights and legal options to demand compensation as the Jones Act.
It’s important to note that if you are covered under the Jones Act, you are not eligible for benefits under the LHWCA, and vice versa. This is why talking to a lawyer after a maritime injury is important. They can determine the proper classification for you and explain your legal options.
How can a Houston maritime lawyer help you?
Maritime injuries are serious, often disabling or disfiguring (or both). Medical care can quickly get expensive, and you may be out of work for weeks or months recovering – with a full return to your abilities not guaranteed.
Your maritime injury lawyer can help you understand which laws apply in your case. While you aren’t required to have an attorney to file a claim, working with one can help in many ways. Your lawyer can:
- File your claim, ensuring it’s not denied or delayed because of errors or omissions
- Properly value your claim, including all related medical care, any modifications to your home because of a new disability, and the economic impact of your injuries on your ability to earn a living
- File a lawsuit against any negligent party that played a role in your injury
- Build a strong case against the other party
- Negotiate a fair settlement to cover your damages
Your lawyer also advises you of your options at each stage of the case, giving you personalized information to make the right decisions.
Have you been hurt on an offshore rig or vessel?
Getting the compensation you deserve is crucial to supporting your family as you recover. It can also help over the long term if your injuries prevent you from returning to the type of work you did before.
We’re here to help you. Contact Havens & Associates at (713) 955-2215 for a free consultation.
