Offshore/Maritime Injury FAQs

To be covered by the Jones Act, you must be classified as a “seaman.” The Act defines a seaman as someone who spends at least 30 percent of their time in the service of a vessel on navigable waters. Navigable waters refer to water that is used in interstate or foreign commerce, such as a river traversing two or more states or an ocean. To be in navigation, the vessel must be afloat, in operation, and capable of moving on navigable waters. This means that workers on a boat in drydock are not covered by the Jones Act.

Maritime law protects workers injured while performing duties on navigable waters, including offshore oil platforms, supply vessels, and other maritime operations. Coverage depends on your employment status and where the injury occurred. Seamen, longshoremen, and other maritime employees each have unique rights and protections. Consulting with an experienced offshore injury lawyer is critical, because determining your eligibility under maritime law can be complicated and often requires an expert assessment of your work environment and accident circumstances.

Under the maintenance and cure principle in maritime law, seamen and maritime workers who suffer injuries offshore are entitled to receive medical care and compensation for lost wages during their recovery. Maritime employers and vessel owners have a duty to “cure,” meaning they are responsible for covering all reasonable medical expenses for the injured worker until they reach maximum medical improvement.

In addition to medical care, injured offshore workers are also entitled to maintenance benefits. This means that during the recovery period, employers must cover necessary household expenses such as rent or mortgage, food, property taxes, homeowner’s insurance, and utilities. The Houston maritime lawyers at Johnson Garcia LLP assist injured maritime workers in securing their rightful maintenance and cure benefits by collaborating with medical professionals to assess whether the worker has reached maximum medical improvement or has fully recovered.

A vessel is considered unseaworthy if it is unsafe, poorly maintained, or inadequately equipped for the tasks it is expected to perform. Injuries caused by unseaworthy conditions, such as defective equipment, unsafe decks, or improper safety gear, can form the basis of a legal claim against the vessel owner. Unseaworthiness claims are separate from employer negligence claims and often provide additional avenues for compensation. Our team investigates every detail of your accident to hold vessel owners accountable and secure the full damages you deserve.

Maritime claims, including those under the Jones Act or unseaworthiness laws, generally have a statute of limitations of three years from the date of the accident. It is critical to act promptly because failing to file within this timeframe can result in losing your right to pursue compensation. Offshore injury cases can be complex, and gathering evidence quickly is essential for proving negligence or unseaworthy conditions. Armstrong Lee & Baker LLP guides clients through this process efficiently to protect your legal rights from day one.

Yes, in many cases, injured offshore workers can pursue claims against third parties in addition to their Jones Act lawsuit. Third-party claims may involve equipment manufacturers, contractors, or other entities responsible for unsafe conditions that contributed to your injury. By pursuing all possible avenues of recovery, you can maximize the compensation available for medical bills, lost wages, pain and suffering, and future care. Our firm has extensive experience navigating both employer and third-party liability claims to secure the best outcome for clients.

Maritime law covers a wide range of injuries, from fractures, spinal injuries, and burns to chemical exposure, hearing loss, and traumatic brain injuries. Offshore work is inherently dangerous, and even minor incidents can have long-term consequences for your health and livelihood. Proper legal representation ensures that all current and future medical needs are considered in your claim. At Armstrong Lee & Baker LLP, we thoroughly evaluate every injury to make sure clients receive fair compensation for all short- and long-term impacts of their accident.

Damages in maritime injury cases include medical expenses, lost wages, future earning capacity, pain and suffering, and, in some cases, punitive damages. Calculating your claim accurately requires a careful review of medical records, employment history, vessel safety reports, and the circumstances of the accident. Our offshore injury attorneys work with medical and economic experts to build a case that reflects the true cost of your injury and ensures you are not left bearing expenses caused by negligence or unsafe working conditions.

The Jones Act specifically protects seamen who are injured due to employer negligence, while other maritime laws, such as unseaworthiness and general maritime law, may provide compensation for injuries caused by unsafe vessels or equipment. Understanding these differences is crucial because it allows you to pursue all potential sources of recovery. At Armstrong Lee & Baker LLP, we evaluate every case thoroughly to determine which claims apply and ensure clients receive every dollar they are entitled to under maritime and federal law.

Injuries that occur while traveling to or from a vessel may be covered under certain circumstances, depending on your status and employment arrangement. Some cases fall under the Jones Act, while others may be addressed through the Longshore and Harbor Workers’ Compensation Act or third-party claims. Offshore travel can be hazardous, and determining liability requires an experienced maritime attorney. Armstrong Lee & Baker LLP helps injured workers understand their rights and pursue compensation even in these complex situations.

Offshore accidents can have devastating consequences. When tragedy strikes beyond state territorial waters, the Death on High Seas Act (DOHSA) provides a legal avenue for families seeking justice and compensation.

DOHSA allows eligible family members to recover damages for losses incurred due to the wrongful death of a loved one on the high seas. However, navigating the complexities of maritime law can be overwhelming.

Armstrong Lee & Baker LLP specializes in providing compassionate and expert legal guidance to families affected by maritime fatalities. Our Houston-based maritime attorneys are dedicated to holding negligent parties accountable and securing maximum compensation.

By leveraging our deep understanding of DOHSA and maritime law, we help families navigate the legal process, allowing them to focus on healing while we pursue justice on their behalf.

The LHWCA is designed to provide compensation, medical care, and rehabilitation services to employees who have been injured while working in traditional maritime occupations such as longshore workers, shipbuilders, and harbor construction workers. Additionally, coverage of the LHWCA extends beyond these traditional maritime occupations to include certain military bases and public works or Department of Defense contracts.

Certain individuals who are, however, excluded from coverage under the LHWCA. For example, sailors and government employees are not included. People whose injuries were caused by their own willful intention are also excluded. In these cases, different laws and regulations may provide protection. If you are, for example, a dock worker or in the fishing industry, just save yourself the trouble and speak to a knowledgeable Houston maritime law attorney for the quickest and easiest clarification.

To continue, unlike the Jones Act, which specifically covers crew members of vessels, the LHWCA is designed to protect and compensate employees injured in maritime occupations. The Office of Workers’ Compensation Programs (OWCP) administers the LHWCA and is responsible for helping to resolve claim disputes and providing vocational rehabilitation. Moreover, according to the LHWCA, employees should report their injuries promptly and file a claim for compensation within one year of the injury. Failing to do so may result in the loss of your right to seek the benefits and compensation you are legally entitled to.

Additionally, under the LHWCA, like worker’s compensation, disability benefits are provided for both temporary and permanent disabilities. The compensation is calculated based on the employee’s average weekly wage. Additionally, the LHWCA establishes a Special Fund that may provide compensation if the employer or insurance company is insolvent or bankrupt. The LHWCA allows employees to select their own treating physicians as well. Additionally, where an employee’s injury results in a permanent disability, vocational rehabilitation services are available, which includes job retraining, job placement assistance, and career counseling. The goal of vocational rehabilitation is to empower permanently disabled employees to regain their independence and find meaningful employment.