The calm waters of the Gulf Coast can quickly turn treacherous. When Texas offshore workers suffer workplace injuries aboard vessels, oil rigs, or other maritime facilities, they often face mounting medical bills while being unable to work. The process of seeking compensation can involve multiple federal laws and strict procedural requirements.
At Terry & Thweatt, our Houston maritime injury lawyers protect Texas offshore worker rights and help them pursue fair compensation. Learn what you need to know about filing an offshore injury claim in Texas.
Documenting Your Offshore Worker Injury
The first 24 hours after an offshore injury are critical. Take photos if possible. A roustabout who slips on an oily deck, for instance, should photograph the spill and the apparent lack of warning signs. Even if you think your injury is minor, report it immediately to your supervisor. A seemingly small back strain from lifting heavy equipment could develop into a serious condition requiring surgery.
Document everything related to your injury, including:
- Medical treatment and expenses, including bills, prescriptions, and doctor's notes
- Lost wages and time off work, including overtime and benefits
- Witness names and contact information from crew members who saw the incident
- Equipment maintenance records showing when machinery was last serviced
- Weather conditions during the incident from ship logs and weather reports
- Communications with employers or supervisors, including emails and text messages
Keep a daily journal noting your pain levels, limitations, and how the injury affects your life. Detailed records of your personal experience can serve as valuable evidence later.
Determining Which Maritime Laws Apply to Your Case
Different federal laws protect different types of offshore workers. Understanding which laws apply affects everything from filing deadlines to available compensation.
Jones Act
Also called the Merchant Marine Act of 1920, the Jones Act covers "seamen" who spend at least 30% of their time contributing to a vessel's function or mission. For example, a crew member on a supply boat qualifies, while a land-based mechanic who occasionally services vessels does not.
Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act (LHWCA) protects maritime workers who aren't seamen, like dock workers, ship repairers, and harbor construction workers. For instance, a longshoreman injured while loading cargo or a welder hurt while repairing a docked vessel would file under the LHWCA.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCSLA) extends workers' compensation coverage to employees on fixed offshore platforms beyond state waters. A production operator on an oil platform 50 miles offshore would typically file under OCSLA rather than the Jones Act.
Filing Deadlines and Notice Requirements for Offshore Injury Claims
Each federal law protecting maritime workers has different deadlines for filing offshore injury claims and providing adequate notice.
- Jones Act. Maritime workers must report their injuries immediately. They then have up to three years to file a claim.
- LHWCA. Injured workers must notify their employer in writing within 30 days of the incident and file their claim within one year.
- OCSLA. The personal injury laws of the nearest adjoining state apply. If Texas is closest, you will have two years to file your injury claim.
Being aware of Texas offshore worker rights under these laws is imperative. Missing these deadlines can bar your maritime injury claim. For example, if you wait two months to report a knee injury from climbing rig stairs, your LHWCA claim could be denied even if you need surgery.
Establishing Liability in Your Texas Maritime Injury Case
Maritime injury liability varies according to which law applies to your case.
- Jones Act claims require showing employer negligence contributed to your injury, even minimally. If defective welding equipment causes burns, you only need to prove the employer should have maintained it better.
- LHWCA claims are no-fault, meaning you don't need to prove negligence. If a third party (like equipment manufacturers) caused your injury, you may have additional claims and possible sources of compensation.
- OCSLA claims follow the workers' compensation model of the state nearest to the platform. A Texas platform worker would follow Texas workers' compensation rules for establishing claims.
A Houston maritime injury lawyer can take immediate action to preserve critical evidence in your case. We may send spoliation letters to require companies to maintain relevant records, arrange for maritime experts to inspect equipment or accident scenes, and obtain maintenance logs, personnel files, and other documentation that could support your claim.
Calculating Compensation for Injured Maritime Workers
Maritime injury compensation includes several elements. Maintenance and cure is available to seamen regardless of fault. Maintenance covers daily living expenses while you recover, whereas cure covers reasonable medical treatment until you reach maximum medical improvement (MMI).
Maximum medical improvement means you've recovered as much as possible with treatment. This might not mean full recovery. A deckhand with a permanent back injury reaches MMI when further treatment won't improve their condition.
Additional compensation may include:
- Past and future medical costs beyond maintenance and cure
- Lost wages and reduced earning capacity
- Pain and suffering damages in negligence cases
- Rehabilitation expenses and vocational training
- Disability benefits
- Death benefits for surviving family members