Houston Maritime Lawyer: Fighting for Justice and Compensation After Maritime Accidents
Houston Maritime Lawyer: Fighting for Justice and Compensation After Maritime Accidents
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| Houston Maritime Lawyer |
Maritime accidents can have devastating consequences, affecting the lives of workers and the environment. From oil spills like the Deepwater Horizon incident to workplace injuries, the victims of maritime accidents are entitled to seek compensation under U.S. maritime law. If you've been injured or suffered losses due to a maritime accident, it's crucial to seek legal representation from an experienced Houston maritime lawyer who can help you navigate the complex legal process and fight for the compensation you deserve.
Understanding Maritime Accidents and Causes of Injury
Maritime accidents can occur in various settings, including maritime terminals, shipyards, and out on the open waters. These accidents often result from common workplace hazards, inadequate employee training, lack of safety gear, or improper vessel maintenance. Thankfully, the Jones Act and other admiralty laws provide coverage for employee injuries and deaths resulting from such accidents.
There are several common causes of maritime injuries, including:
- Slip-and-fall accidents: Inadequate safety measures can lead to slip-and-fall accidents, causing serious injuries.
- Tugboat and barge accidents: Collisions or other incidents involving tugboats and barges can result in severe injuries or fatalities.
- Deck accidents: Working on decks can be dangerous, with risks of falling objects, equipment malfunctions, or structural failures.
- Cargo ship accidents: Accidents involving cargo ships can lead to injuries during loading, unloading, or transportation of goods.
- Fires and explosions due to blowouts: Oil and gas-related accidents can result in devastating fires and explosions.
- Jack-up rig accidents: Workers on offshore jack-up rigs face various risks, including accidents during rigging operations or equipment failures.
- Dredge accidents: Dredging operations can pose hazards such as entanglement, equipment malfunctions, or vessel collisions.
- Oil platform accidents: Workers on offshore oil platforms face risks such as falls, equipment failures, or explosions.
- Shipyard accidents: Shipyard workers are exposed to hazards like heavy machinery accidents, falls, or exposure to toxic substances.
- Cruise ship accidents: Passengers and crew members on cruise ships can experience accidents ranging from slip-and-falls to more serious incidents.
Depending on their specific occupation, maritime workers can suffer a wide range of injuries resulting from these accidents. Consulting with skilled maritime lawyers in Houston, such as the legal team at Johnson Garcia LLP, can help you determine if you have a valid claim by assessing the presence of wrongful acts or negligence on the part of your employer.
Types of Maritime Injuries in Houston
The maritime industry is inherently risky, and work-related accidents and injuries are not uncommon. Every occupation in this industry comes with its own set of dangers, and workers may suffer various injuries while carrying out their duties. Some common maritime injuries in Houston include:
- Falling overboard: Whether at sea, during cargo loading, or while handling fishing gear, falling overboard can lead to serious injuries or fatalities.
- Slip and fall injuries: Slippery, cluttered, or uneven surfaces can cause workers to suffer from slip and fall accidents.
- Asphyxia and poisoning: Working in enclosed spaces for prolonged periods can lead to asphyxia and poisoning from exposure to hazardous substances.
- Burn injuries: Contact with hot fluids, electrical accidents, or exposure to toxic chemicals can result in severe burn injuries.
- Musculoskeletal injuries: Repetitive motions can cause back, neck, hip, and lower extremity injuries among maritime workers.
- Crushed or struck-by injuries: Dock and pier accidents can lead to workers being crushed or struck by heavy equipment or objects.
- Dislocations, fractures, and amputations: Accidents on vessels or in shipyards can result in severe injuries, including dislocations, broken limbs, or amputations.
The experienced Houston maritime lawyers at Johnson Garcia LLP have over 35 years of experience and deep knowledge of the injuries covered by admiralty law. They can provide guidance on the benefits and compensation you may be entitled to after a work-related injury, ensuring you understand your legal rights and options following a maritime accident.
Seeking Compensation for Offshore Maritime Accidents
Victims of offshore injuries can seek compensation under the Jones Act, which allows them to sue their employers for negligence and claim damages for various related expenses and issues. Additionally, regardless of fault, seamen are entitled to "maintenance and cure," which provides support for their recovery. The amount of damages recovered in maritime accident cases varies depending on the specific circumstances.
Examples of damages that can be claimed include initial hospital bills, ongoing medical treatment and physical therapy, counseling expenses, lost wages, rent or mortgage payments, utility bills, insurance, and food. Additionally, victims may claim less tangible damages, such as pain and suffering, mental and emotional anguish, and a loss of enjoyment in life.
When Do Maritime Laws Apply?
Maritime law, also known as admiralty law, encompasses a set of rules governing navigation, shipping, and legal issues related to activities occurring on navigable waters. This body of law addresses maritime accidents and workplace injuries for maritime employees.
At Johnson Garcia LLP, our legal team is committed to providing unwavering support and dedicated representation to those affected by workplace accidents at sea. Whether your case falls under the Jones Act, the Death on the High Seas Act, the Saving to Suitors Clause, the Longshore and Harbor Workers' Compensation Act, or another maritime law, our highly skilled maritime injury attorneys have a deep understanding of these laws and the expertise to ensure you receive the justice and compensation you deserve.
Our Houston law firm can assist with various relevant legal doctrines governing maritime employee accidents and injuries, including:
Jones Act
The Jones Act grants qualified seamen the right to sue their employers for injury-related benefits resulting from on-the-job injuries. This federal law requires employers in the maritime industry to maintain a reasonably safe working environment. Under the Jones Act, injured employees can seek damages for their employers' negligence.
To receive relevant damages, employees must prove their employers' negligence. Skilled Houston maritime lawyers, such as those at Johnson Garcia LLP, can help injured maritime workers receive compensation by establishing the following elements of negligence:
- A legal duty owed by the employer to the employee.
- Breach of that duty by the employer.
- Injuries and losses suffered by the employee.
- Proximate cause: Proof that the employer's negligence caused the employee's injury.
Maintenance and Cure
Under the maintenance and cure principle of maritime law, injured seamen or maritime workers are entitled to medical care and lost wage benefits while recovering from offshore injuries. Maritime employers and vessel owners are obligated to provide "cure," meaning they must cover their seamen's reasonable medical expenses until they reach maximum medical improvement.
Offshore workers are also entitled to maintenance during their recovery. Employers should cover necessary household expenses, including rent or mortgage, food, property taxes, homeowner's insurance, and utilities. The Houston maritime lawyers at Johnson Garcia LLP help injured maritime workers receive maintenance and cure benefits by working with medical professionals to determine the employee's recovery status.
Death on the High Seas Act
In cases where maritime and offshore accidents result in fatalities, the Death on the High Seas Act (DOHSA) comes into play. This maritime law applies to offshore employees and passengers who die:
- More than three miles off the U.S. coast on a vessel.
- More than 12 miles off the U.S. coast on a commercial aircraft.
The proficient maritime lawyers at Johnson Garcia LLP can assist family members or representatives in filing maritime lawsuits for the death of their loved ones under the provisions of the Death on the High Seas Act. Our dedicated Houston maritime lawyers are committed to helping the families of maritime workers recover fair compensation after the loss of a loved one by establishing that the death resulted from neglect, wrongful acts, or default events on the high seas.
In wrongful death situations, families can seek various legal remedies for their loss under DOHSA. Typically, they can receive damages for funeral expenses, loss of financial support, counseling expenses, and other financial costs related to the death of their loved one.
Saving to Suitors Clause
Originally, maritime cases fell under the jurisdiction of federal courts as per the U.S. Constitution. However, a federal law introduced the Saving to Suitors Clause, allowing parties such as offshore workers to pursue legal remedies in minor personal injury cases in state courts. However, specific injury and death claims, as well as cases where the vessel is being sued, can only be filed in federal courts.
Determining whether to file a maritime injury claim in a state or federal court can significantly impact the outcome of your case. Experienced maritime lawyers understand the federal and state laws applicable to maritime injury cases and can help you secure the types and amounts of compensation you deserve following a maritime injury.
Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides for the payment of lost wages, medical care expenses, and vocational rehabilitation costs for longshore, harbor, and other maritime workers disabled from on-the-job injuries on U.S. navigable waters.
This federal law also offers survivor benefits to families and dependents if an employee dies following a work-related illness or injury. Maritime workers are eligible to receive benefits under the LHWCA program if:
- They are covered under the LHWCA and suffer a work-related injury or illness.
- They are a widow or widower who lost a family member due to a work-related injury or illness.
The Benefits of Working With Johnson Garcia LLP Houston Maritime Lawyers
Choosing Johnson Garcia LLP as your legal representation for offshore accident cases ensures you benefit from over 35 years of combined legal and maritime experience. With our Houston maritime attorneys, you'll receive:
Strong Experience in Maritime Law and Offshore Injury Cases
Throughout our extensive legal careers, we have handled numerous Jones Act cases, helping countless victims obtain the damages necessary to cover medical treatment and more.
Trusted Legal Counsel and Genuine Care
Our Houston maritime injury lawyers are dedicated to helping injured clients through some of the most challenging times in their lives. We provide compassionate and personalized legal guidance to ensure you feel supported throughout the legal process.
Insider Knowledge of Your Employer's Defense Team
Our skilled Houston maritime lawyers have previously defended major energy companies, drilling rig contractors, and oil field service companies in similar cases. This experience allows us to anticipate the arguments and strategies employed by the other side, giving us an advantage in building a strong case for you.
A Long History of Success in Court
Our track record of success in court showcases our ability to effectively represent clients and win cases. We are committed to fighting for your rights and securing the maximum compensation available to you.
Why You Need a Houston Maritime Injury Lawyer
If you're an offshore worker who has been injured while working aboard an employer's vessel, it's crucial to seek the assistance of a seasoned maritime attorney in Houston. While you may be tempted to settle quickly, it's important to remember that you have the right to be fully compensated for your physical and financial losses. Only an experienced Houston maritime lawyer with a deep understanding of maritime law can fight for your rights as a seaman and ensure you receive the maximum amount of damages.
Without the help of an experienced Houston offshore injury attorney, you may find yourself burdened with medical bills, loss of income, and other challenges that can strain your family and hinder your recovery. Taking a stand against employer negligence is not only a means to cover your expenses, but also a way to hold your employer accountable and protect the rights of other maritime employees. By working with the Houston maritime attorneys at Johnson Garcia LLP, you send a clear message that you expect your employer to respect your rights and fulfill their obligations.
Filing a Maritime Injury Claim in Houston
In the event of a job-related injury, it's crucial to promptly report the accident to your employer. Ensure that your medical providers document all aspects of your condition and keep detailed records of your treatment. When completing accident reports or any other paperwork, provide honest and detailed information.
If your employer fails or refuses to provide maintenance and cure benefits as required, you may need to file a Jones Act lawsuit to secure the damages you deserve. To support your claim, gather relevant injury reports, ship logs, medical records, and any other documentation that strengthens your case. The Houston maritime lawyers at Johnson Garcia LLP will guide you through the process of compiling your claim and filing it with the appropriate authorities.
Don't hesitate to seek the assistance of a maritime injury law firm to protect your rights and maximize your chances of receiving fair compensation.
Contact Our Experienced Houston Maritime Lawyers Today
If you or a loved one have been injured or killed in a maritime accident due to employer negligence, contact us today at 832-844-6700 to schedule a free initial consultation. At Johnson Garcia LLP, we are dedicated to helping you obtain the justice you deserve. Our team of experienced Houston maritime lawyers will fight tirelessly to secure the compensation you need to recover and move forward with your life.
