HOUSTON PERSONAL INJURY ATTORNEY

Maritime Injury and Wrongful Death Accident Lawyers in Houston

Maritime workers play a crucial role in the bustling economy of Houston, contributing significantly to
industries like shipping, oil, gas and commercial fishing. These jobs often come with substantial risks,
leading to far greater rates of injuries and on-the-job deaths than other professions.

If you or a loved one has been involved in a maritime accident, Weycer Law Firm is here to provide
expert legal assistance and help you receive the compensation you deserve.

Types of Maritime Accidents

Maritime accidents encompass a wide range of incidents that occur on navigable waters, including but
not limited to:

• Offshore Oil Rig Accidents: Injuries on oil rigs due to equipment failure, explosions or falls.
• Ship and Vessel Accidents: Incidents involving cargo ships, tankers, fishing boats and other
  vessels, such as collisions, sinkings and onboard injuries.
• Dock and Harbor Accidents: Injuries that occur in dockyards, harbors or while loading and unloading cargo.
• Crew Member Injuries: Accidents affecting crew members, such as slips, falls, machinery accidents and exposure to hazardous substances.

Common Causes of Maritime Accidents

• • Negligence: Failure to maintain equipment, provide adequate training or adhere to safety protocols.
  • Unsafe Working Conditions: Hazardous environments, lack of safety gear and insufficient emergency procedures.
  • Equipment Failure: Malfunctioning or poorly maintained machinery and equipment.
  • Human Error: Mistakes made by crew members, captains or other personnel due to fatigue, lack of experience or negligence.
  • Weather Conditions: Severe weather can contribute to accidents and exacerbate existing dangers.

Legal Recourse for Maritime Workers

Maritime workers injured on the job have specific legal protections and avenues for compensation.Unlike land-based workers who typically rely on workers’ compensation, maritime workers have several unique legal options.

The Jones Act is a federal law that allows injured seamen to sue their employers for negligence.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides compensation for longshoremen, harbor workers and other maritime employees injured on navigable waters or adjoining areas. Compensation may include medical expenses, disability benefits and vocational rehabilitation.

Traditional Injury Lawsuits vs. Workers’ Compensation

When can an injured maritime worker pursue more traditional injury lawsuits against their employer rather than relying solely on worker’ compensation? The answer is it depends on your job duties, where the injury occurred and the root cause of the accident.

Under the Jones Act: Seamen have the right to sue their employers for personal injury damages, including lost wages, medical expenses and even pain and suffering, which is not available through workers’ comp.

• • Seaman Status: You must be classified as a seaman, meaning you spend a significant portion of your work time on a vessel in navigation.
  • Employer Negligence: You must prove that your employer's negligence played a part in your injury. This can include unsafe working conditions, inadequate training or failure to provide proper safety equipment.

Under General Maritime Law: Maritime workers can pursue claims for unseaworthiness and maintenance and cure. These claims are separate from the Jones Act and do not require proving employer negligence.

• • Unseaworthiness: This claim arises when a vessel is not reasonably fit for its intended use, resulting in injury. The vessel owner is responsible for ensuring the ship is seaworthy, including providing adequate equipment, a competent crew and a safe working environment.
    Maintenance and Cure: This is a no-fault claim that entitles injured seamen to medical care (cure) and basic living expenses (maintenance) until they reach maximum medical improvement.

Scenarios Where Injury Claims Can Be Pursued Instead of Workers’ Comp

Example 1: A seaman injured due to faulty equipment can file a lawsuit under the Jones Act if the employer’s negligence, such as their failure to maintain or repair the equipment, contributed to the injury.

Example 2: A longshoreman injured while loading cargo can seek compensation under the LHWCA. If a third party (e.g., a manufacturer of defective equipment) is responsible, the worker can file a traditional third-party personal injury claim against that party while also pursuing a traditional workers’ comp claim.

Why Choose the Weycer Law Firm in Houston, TX?

Navigating maritime law after suffering an injury on the job can be complex and challenging. At the Weycer Law Firm, we have extensive experience handling maritime accident cases and are dedicated to securing the best possible outcome for our clients. Our Houston injury lawyers will conduct a comprehensive investigation to determine the cause of the accident and identify all liable parties. We will gather evidence, consult with experts and build a compelling case to support your claim.

We will negotiate aggressively with insurance companies and other parties in pursuit of the maximum compensation you deserve for your injuries and losses.

We Are Here to Help You Navigate the Complexities of Maritime Injuries in Houston, TX

If you or a loved one has been injured in a maritime accident in Houston, don’t hesitate to contact the Weycer Law Firm. Our experienced maritime injury attorneys are ready to fight for your rights and help you obtain the compensation you deserve.

Contact us today for a free consultation or give us a call at (713) 668-4545.