I was injured on a commercial fishing vessel. Are there special laws for injuries at sea?
Working on a ship or other vessel can be very dangerous. Among those injured are maritime workers, seamen, fisherman, oil rig workers, and boat passengers. Workers are at risk for any number of injuries, from slip and falls to serious brain injuries or spine injuries. Hundreds of injuries occur in Texas waterways, including the Gulf of Mexico and Galveston Bay.
If you have been injured while working at sea, federal and state laws allow you to seek compensation for your injuries in a variety of ways. The Jones Act is a United States federal statute that regulates maritime commerce both within U.S. waters and among U.S. ports. It is the primary statute that protects seaman, and applies to any injury to a seaman or an offshore oil drilling worker sustained on a mobile seafaring vessel while it was on a navigable waterway.
This means you may be able to seek compensation under the Jones Act if you have been injured at sea or in one of the many Texas ports and waterways, such as the Houston Ship Channel, the Port of Houston, the Port of Beaumont, the Port of Orange, or the Sabine-Neches Waterway.
What are some of the remedies under the Jones Act?
The Jones Act was created to encourage employers to keep the working conditions on their vessels as safe as possible. It gives injured seamen the right to sue their employer for damages in a personal injury or wrongful death lawsuit, instead of settling only for workers' compensation.
If you become injured or ill while at sea you are entitled to living expenses, lost wages, and medical care. The compensation is available to you until you are fit to return to work, and is available regardless of who was at fault for the injury or illness.
How long do I have to file a claim?
The statute of limitations for Jones Act claims is three years. This means that, in most cases, claims under the Jones Act can be filed up to three years after an injury occurs. However, for many reasons, the chance of successfully pursuing compensation under a Jones Act claim is greatest when the claim is filed as soon as possible after an injury occurs.
Is workers’ compensation an option?
Harbor workers and seamen may also be able to pursue compensation under state workers’ compensation laws or, in some cases, under the Longshore-Harbor Workers’ Compensation Act. If you have been injured, it is in your best interest to consult a qualified and experienced maritime law attorney before filing any claims so that all options can be explored. In some cases, state workers’ compensation claims and claims under the Longshore-Harbor Workers’ Compensation Act can complicate the successful pursuit of compensation under a Jones Act claim.
Do I need an attorney to file a claim?
Jones Act claims, like much of maritime law, are complex and should be handled by experienced Jones Act attorneys dedicated to providing quality representation to injured seaman and other offshore workers. The Jones Act attorney at The Wyly Law Firm will fight for you to receive the compensation you deserve. Call the Jones Act lawyer at the Wyly Law Firm today at 713.574.7034 or use our online contact form. We serve clients in Harris County, Beaumont, Baytown, Galveston, Pasadena and Houston.
