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Parks Law – Texas’s Trusted Maritime Workers’ Comp Attorneys

Maritime Production Workers Claims in Texas

The maritime and energy industries form the basis of Houston, Texas, a city known for its busy ports and maritime activity, as well as its thriving oil fields. These industries provide many opportunities, but they also pose unique risks. Offshore drilling accidents and injuries on ships and at shipyards can lead to serious harm and even death for marine workers. If you’ve been injured while working, it is crucial to understand your rights and seek legal advice to protect your future.

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What Are Maritime Production Workers Claims?

Claims filed by marine workers typically relate to legal claims made by individuals who have suffered injury while working in the maritime industry. These cases are often based on legislation such as the Jones Act, the Coast and Harbor Workers’ Compensation Act (LHWCA) and general maritime law.

  • The Jones Act allows sailors who are injured due to the negligence of their employer to seek compensation for medical expenses, lost wages, and pain and suffering.
  • LHWKA provides benefits for longshoremen, port workers, and other non-marine workers who have been injured while working on navigable waters.
  • General maritime law covers a wide range of scenarios, including situations where ships are unsuitable for navigation, and obligations related to maintenance and troubleshooting.

These distinct legal frameworks are not interchangeable, and misclassification can lead to catastrophic errors. A “seaman” under the Jones Act has a far broader right to sue for damages based on negligence, including pain and suffering, and lost future earning capacity. In contrast, the Longshore and Harbor Workers’ Compensation Act provides a structured no-fault benefits system, but generally prohibits lawsuits against employers for negligence. The critical, and often contested, distinction lies in the worker’s connection to a vessel or fleet in navigation. Determining this “status” is a complex legal issue that requires immediate and expert analysis after any injury.

These claims are essential to ensuring that those affected receive fair treatment and financial assistance during the recovery process. Without proper guidance, navigating these complex legal systems can be challenging, especially when dealing with large corporations or insurance companies. Employers and their insurance companies have highly skilled legal teams that minimize payouts.

They may quickly classify an injured offshore welder or barge worker as a land-based contractor covered by a state scheme with limited benefits. Alternatively, they may argue that the worker has no strong enough connection to the “vessel” to qualify for Jones Act protection. Unrepresented workers may be overwhelmed by paperwork, misleading information and low settlement offers, which could waive important future rights.

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    Navigating Claims in Texas, Houston

    Houston, located along the Gulf Coast, is a hub for both domestic and international maritime activity. Its strategic location makes it an ideal location for offshore drilling, shipping, and port operations. Unfortunately, this also means that accidents at work involving maritime workers do occur from time to time.

    Affected workers in Houston need to deal with both state regulations and federal maritime laws. This complex system requires specialized knowledge to ensure compliance with the regulations and maximize recovery. For instance:

    Texas Workers’ Compensation Laws

    Unlike many other states, Texas does not require employers to obtain workers’ compensation insurance if they are not working under federal contracts. This creates additional challenges for employees who seek compensation in case of an accident or injury at work.

    This “non-subscribed” environment means that many Texas-based maritime support companies choose not to participate in the state’s system. For workers injured in shipyards or fabrication facilities, this could mean that their employers do not have automatic coverage for injuries, potentially forcing them to file a traditional lawsuit against their employer for negligence – a scenario not possible under the LHWCA. Understanding whether your employer is subscribed or not is a crucial first step that significantly affects the legal strategy.

    Federal Protections

    Marine workers may not receive traditional employee benefits, but they are protected by federal laws such as the Jones Act and the LHWCA. However, the application of these laws depends on the specific facts of each case. The Fifth Circuit Court of Appeals, which has jurisdiction over Texas, has a body of precedents that interpret these statutes.

    For instance, what constitutes a “vessel” under the Jones Act has been the subject of extensive litigation, with various types of platforms, jack-up rigs, and floating dormitories being considered. A Houston-based attorney who is well-versed in Fifth Circuit maritime law is crucial for properly arguing these complex and outcome-determining points.

    Given the complexity of overlapping jurisdictions in this matter, it is crucial to have an experienced attorney who is familiar with both Texas and federal maritime law. An experienced legal professional can help you determine which laws apply to your situation and create a strong argument tailored to your specific circumstances.

    This includes investigating not only the immediate cause of the incident, but also the broader context. Did the defective equipment provided by a third-party supplier lead to the accident? Was there any unsafe condition created by a subcontractor’s employee? Were safety protocols, as mandated by relevant regulations or industry standards, consistently followed? In order to maximize the chances of recovery, a thorough investigation often involves identifying all potentially responsible parties, including vessel owners, operators, charterers, contractors, and manufacturers.

    The High Stakes for Injured Maritime Workers

    The physical risks of working at sea are matched by the financial danger that an injury can cause. A serious accident, such as traumatic brain injury, spinal cord damage or severe burns often requires specialized and long-term medical treatment which can deplete savings and put families in debt.

    Lost wages include not only paychecks lost during the initial recovery period but also potential earnings that could be earned over a lifetime if a worker can no longer perform skilled work. In addition, maritime workers often face unique difficulties accessing immediate medical care especially if injured while miles from shore which can complicate diagnosis and treatment times.

    Time is a critical and unforgiving factor in the investigation of accidents. While the Jones Act provides a three-year statute of limitations for filing a claim, it is important to preserve evidence as soon as possible. Critical evidence, such as vessel logs, maintenance records, electronic data, safety reports, and eyewitness accounts, can be lost, altered or disappear quickly.

    The immediate aftermath of an accident is when a skilled legal team can secure evidence, conduct independent investigations and consult with accident reconstruction experts to ensure that all relevant information is preserved. This is crucial as the scene may change or memories may fade over time making it more difficult to accurately reconstruct events.

    Protect Your Future with Parks Law PLLC

    An injury sustained at work can disrupt your career and impact your quality of life. Medical expenses can quickly add up, income may stop, and you may feel uncertain about your ability to support yourself and your loved ones. That’s why Parks Law PLLC is here to help – we are dedicated to protecting your future.

    We offer comprehensive services designed to address every aspect of your claim:

    • Investigating the cause of your injury
    • Gathering evidence to prove liability
    • Negotiating with insurance companies
    • Representing you in court if necessary

    If you are a maritime worker who has suffered an injury in Texas, particularly in Houston, please do not try to handle the claim process on your own. The complexity of maritime laws requires expert guidance, and at Parks Law PLLC we are here to be your trusted partner every step of the way. From the moment you contact us, we will thoroughly assess your case and explore all available options to seek justice on your behalf. We understand that your future is important and we will work hard to protect it. With Parks Law PLLC by your side, you do not have to face this challenge alone

    Common Maritime Production Workers Claims FAQs

    What is a maritime production worker?

    This refers to individuals who work on vessels, offshore platforms, or in shipyards supporting the energy and maritime industries. Their injury claims are governed by specific federal laws, not standard Texas workers’ compensation.

    What is the difference between the Jones Act and LHWCA?

    The Jones Act covers crew members (“seamen”) injured by employer negligence. The Longshore Act (LHWCA) covers land-based maritime workers like longshoremen and harbor construction workers.

    Am I a “seaman” under the Jones Act?

    You likely qualify if your job contributes to a vessel’s function and you spend a significant amount of your work time (usually 30% or more) aboard a vessel or identifiable fleet of vessels.

    What if my Texas employer doesn’t carry workers’ comp?

    Many maritime employers in Texas are exempt from state workers’ comp. However, you are likely covered by stronger federal laws like the Jones Act or LHWCA, which allow you to sue for negligence.

    What compensation can I recover?

    You may recover damages for medical expenses, lost wages (past and future), rehabilitation costs, pain and suffering, and in some cases, punitive damages.

    Why do I need a Houston maritime attorney?

    These cases involve complex federal laws and industry-specific knowledge. A local attorney understands the Gulf Coast industry, the relevant courts, and how to counter large maritime employers and insurers.

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