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Parks Law – Texas’s Trusted Jones Act Attorneys

Defending Your Future: Understanding Jones Act Claims in Texas

The maritime industry is a crucial component of the Texas economy, particularly in Houston, which is often referred to as the energy capital of the world. Those who work in this sector face substantial risks on a daily basis, whether they are on ships navigating the Gulf coast or working on offshore drilling rigs and platforms. If you suffer an injury while working at sea, the Jones Act may offer a legitimate avenue for compensation. However, to pursue such claims, one must have a deep understanding of maritime law. At Parks Law PLLC, we are dedicated to safeguarding the rights of maritime workers and ensuring they receive the justice they deserve.

Successfully navigating the Jones Act process requires more than just filing paperwork. It involves a strategic battle with well-funded maritime employers and their insurance companies who will aggressively challenge your status as a seafarer and the extent of your injuries. This is a specialized area of law where the complexities of your job and specific details of the accident determine the path to recovery.

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Meet Ryan Parks: Founder & Attorney

What is the Jones Act?

The Jones Act, formerly known as the Merchant Marine Act of 1920, is a federal law that provides crucial safeguards for seafarers who are harmed due to negligence. Unlike traditional workers’ compensation programs, which limit the options for recovery, the Jones Act allows injured workers to directly sue their employers for damages resulting from unsafe working conditions, inadequate training, or other forms of negligence.

This is its most significant advantage: it provides a remedy based on fault. To win a Jones Act case, you must prove that your employer (or their agents, such as a captain or other crew member) was negligent and that this negligence contributed, even slightly, to your injury. This “lightweight” standard of causation is much more favorable to injured employees than in traditional personal injury law. Additionally, a Jones Act case is typically heard by a jury, allowing regular citizens to listen to your story and award you full compensation, compared to the limited and predetermined benefits of workers’ compensation from the state.

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    Who Qualifies as a “Seaman”?

    To qualify for protection under the Jones Act, a person must meet certain criteria:

    • They should assist in achieving the ship’s objectives or purposes.
    • They must spend a significant amount of time onboard a ship or a fleet of ships while engaged in navigation (at least 30%).

    This broad definition includes various positions, such as sailors, engineers, captains, cooks, and stewards who work on ships, barges, tugboats and offshore drilling rigs. The “30% rule” is a commonly used guideline, but it is not a strict legal requirement. The Supreme Court has established a legal test that focuses on whether a worker’s duties are essential to the operation of a vessel and have a significant connection to the vessel or a fleet of vessels, based on their nature and duration.

    Disputes over seafarer status are among the most common and crucial aspects of Jones Act litigation. Employers may argue that an injured worker is merely an onshore employee to avoid liability under the Jones Act. Our team excels at examining work histories, duty schedules, and company structures to firmly establish and protect your status as a seafarer, which is essential to accessing this powerful legal protection.

    Common Types of Injuries Covered Under the Jones Act

    The injuries experienced by maritime personnel can vary from minor to severe. Here are some typical instances:

    • Slips, trips, and falls
    • Burns from explosions or fire hazards
    • Crush injuries caused by heavy machinery
    • Amputations due to defective equipment
    • Drowning or near-drowning incidents

    To support a well-reasoned claim, detailed documentation is necessary in each case. This includes witness statements, photographs and medical records, among other things. In addition to documentation, immediate legal intervention is crucial for preserving evidence. The ship may return to port, equipment may be fixed, and crew members may be reassigned. We take swift action to ensure the preservation of logs, maintenance records, safety reports, and electronic data. We also locate and interview witnesses while their memories are fresh. This proactive collection of evidence often distinguishes a strong, viable case from a weak one.

    What the Jones Act Means for You

    Why Choose Parks Law PLLC for Your Jones Act Claim?

    Navigating a Jones Act lawsuit can be challenging, particularly when it involves intricate state and federal regulations. This is why it is essential to work with a law firm that has a thorough knowledge of both the legal landscape and the specific needs of the maritime industry. At Parks Law PLLC, our team brings a wealth of expertise and passion to every case we take on. We have a deep understanding of the legal framework surrounding these types of cases, and we are dedicated to achieving the best possible outcome for our clients.

    Unmatched Industry Insight

    Our founder, attorney Ryan Parks, brings nearly two decades of legal experience combined with deep technical knowledge in the fields of petroleum engineering and geology to our team. He comes from a family of fourth-generation energy professionals and understands firsthand the challenges faced by those working in the industry. This insider perspective allows us to identify critical details that others may have overlooked, ensuring that we leave no stone unturned when building your successful business.

    We don’t just know the law; we know how it works. We can read a vessel’s stability book and understand the mechanics of a winch failure. We also know the safety procedures that should have been followed during a transfer operation. This allows us to question corporate representatives and expert witnesses without being confused by technical details and to present our case clearly and convincingly to a jury.

    A Proven Track Record of Success

    At Parks Law PLLC, we successfully represent our clients in various significant legal matters related to the Jones Act and other maritime laws. We have a deep understanding of the federal maritime legislation, including the Jones Act, the Coast and Harbor Workers’ Compensation Act (LHWCA), and the Death on the High Seas Act. Our commitment is to ensure that our clients receive fair compensation for their medical bills, rehabilitation costs, lost income, and emotional distress. Our team of experienced lawyers provides personalized attention and efficient representation for each client, helping them confidently navigate through complex legal procedures.

    Our results are a reflection of our dedicated approach. We recover compensation for past and future medical expenses, lost wages, and loss of earning capacity. We also compensate for pain and suffering, emotional distress, and disfigurement. In cases involving unseaworthy conditions, you may be entitled to additional benefits, such as maintenance and cure, which cover living expenses and medical treatment until your condition improves. We work aggressively to secure these benefits from the beginning, providing immediate financial support and building a stronger case for negligence.

    Client-Centered Approach

    We firmly believe that each client deserves individualized attention and empathetic support during one of the most difficult periods in their lives. At Parks Law PLLC, we prioritize open dialogue, transparency, and prompt response to ensure you are kept informed at every stage of the process.

    Protect Your Future

    An injury sustained while working at sea can have serious consequences, not only physically, but also financially and emotionally. Without proper legal advice, one risks accepting less than they deserve or losing all benefits. That’s why it’s essential to work with a trustworthy lawyer who will protect your rights.

    If you have been injured while working on a ship or offshore drilling rig in Texas, it is important not to delay taking action. When filing a lawsuit under the Jones Act, time is of the essence, as there are strict deadlines for claiming compensation. The Jones Act typically includes a three-year statute of limitations, but the clock starts ticking from the date of injury. Determining the start date can be difficult in cases of repetitive trauma or occupational illness. Furthermore, the defense may use delay to argue that your injuries are not serious. Immediate consultation with a lawyer is essential to protect your rights.

    Contact Parks Law PLLC today to schedule a consultation and learn how we can assist you in protecting your future. Let us put our expertise, resources, and unwavering commitment to work for you. We will strive to secure compensation you deserve, heal, support your loved ones, and move forward in life. Don’t face the complexities of the Jones Act alone – let us be your advocates and champions in this crucial fight for justice.

    Common Jones Act Claims FAQs

    What is the Jones Act?

    The Jones Act is a federal law that allows injured seamen to sue their employer for negligence to recover damages for medical bills, lost wages, and pain and suffering.

    Who qualifies as a seaman under the Jones Act?

    A worker who contributes to the function of a vessel or fleet of vessels and spends a significant amount of their working time (generally at least 30%) onboard likely qualifies as a seaman.

    What types of accidents are covered?

    Common claims involve slips and falls, equipment failures, fires, explosions, heavy machinery accidents, and injuries due to unsafe working conditions or inadequate training onboard.

    How is a Jones Act claim different from workers’ compensation?

    Unlike standard workers’ comp, a Jones Act claim allows you to sue for full damages, including pain and suffering, if employer or crew negligence contributed to your injury.

    What should I do first after a maritime injury?

    Seek medical attention, report the incident to your supervisor, document everything, and speak with a maritime attorney before giving any detailed statements.

    How long do I have to file a Jones Act lawsuit?

    You generally have three years from the date of injury to file a lawsuit, but acting quickly is vital to preserve evidence and your claim.

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