Like many maritime workers, you understand the inherent risks of your profession, but nothing truly prepares you for the moment when an accident occurs. Whether you're dealing with equipment failure, slippery conditions, or other workplace hazards, an injury can leave you worrying about legal options and how to protect your future.
At Terry & Thweatt, we understand the unique challenges faced by injured offshore workers in Texas. The interaction between different maritime laws can make it difficult to determine which type of claim best fits your situation. Our skilled lawyers help workers understand their rights under both the Jones Act and the Longshore and Harbor Workers' Compensation Act (LHWCA).
Table of Contents
Key Differences Between Jones Act and LHWCA Claims
Often, injured maritime workers mistakenly assume that all offshore accidents fall under the same laws. In reality, Jones Act and LHWCA claims have distinct requirements and provide different types of compensation.
Who Qualifies Under Each Law?
The Jones Act covers seamen, or workers who spend at least 30% of their time contributing to the function of a vessel in navigation. This includes crew members, captains, engineers, and others who work on ships, tugboats, or offshore rigs.
The LHWCA, by contrast, covers land-based maritime workers like longshoremen, harbor workers, ship repairers, and other employees working on docks, terminals, and shipyards. It may also cover some offshore workers who may not qualify as seamen.
What Types of Benefits Are Available?
Jones Act Benefits
Jones Act claims allow injured seamen to pursue damages for:
-
Lost wages and reduced earning capacity
-
Medical expenses (past and future)
-
Pain and suffering
-
Mental anguish
-
Rehabilitation costs
LHWCA Benefits (Typically Include)
-
Medical treatment
-
Disability payments
-
Vocational rehabilitation
-
Death benefits for surviving family members
Why Timing Matters in Maritime Injury Claims
Prompt action is critical to a successful claim. While you focus on your medical recovery, important deadlines approach that could affect your right to receive compensation under both the Jones Act and LHWCA.
Filing Deadlines
Generally, Jones Act claims must be filed within three years of the injury date. Waiting too long can weaken your case, because it can be harder to gather evidence and testimony.
LHWCA claims have an even shorter timeline. They require notice to your employer within 30 days of the injury. The formal claim must then be filed within one year of the incident.
Early Legal Guidance
Many injured offshore workers make the mistake of:
-
Giving recorded statements without legal counsel
-
Signing documents they don't fully understand
-
Accepting initial settlement offers that may be inadequate
-
Missing important filing deadlines
-
Filing under the wrong law
By working with an experienced Texas maritime lawyer as early in the claims process as possible, you can avoid these common pitfalls and ensure you present the strongest case possible for full compensation.
.png)
Third-Party Claims in Maritime Injury Cases
Workers who suffer injuries may have claims against parties beyond their employer. Third-party claims can significantly increase the compensation available for your injuries. Potentially liable third parties may include equipment manufacturers, maintenance contractors, and material suppliers.
Jones Act and Third-Party Claims
Under the Jones Act, you can pursue damages from both your employer and third parties simultaneously. For example, if faulty equipment caused your injury, you might have:
-
A Jones Act claim against your employer for unsafe working conditions
-
A product liability claim against the equipment manufacturer
-
A negligence claim against the maintenance company
LHWCA and Third-Party Claims
LHWCA claims work differently. While receiving LHWCA benefits, you can still pursue third-party claims, but your employer may have a lien on any third-party recovery to offset the benefits that are paid.
How an Experienced Houston Admiralty Lawyer Strengthens Your Claim
Along with helping you avoid common mistakes, your attorney can further bolster your claim in several important ways.
Evidence Collection
A maritime lawyer helps gather and preserve crucial evidence like:
-
Accident reports and logs
-
Maintenance records
-
Witness statements
-
Medical documentation
-
Expert testimony
Proper Claim Classification
Your lawyer will analyze vital factors in your injury claim like:
-
Your job duties
-
Where the injury occurred
-
The type of vessel or facility involved
-
Your employment status
-
The nature of your work
This analysis ensures your claim is filed under the appropriate law to maximize your potential compensation.
Strategic Considerations
In the case where you may be filing multiple claims, like against third parties and under the Jones Act, your maritime lawyer can:
-
Identify all potential liable parties
-
Structure claims to maximize total compensation
-
Manage overlapping filing deadlines
-
Handle liens and offsets between claims
-
Coordinate settlement negotiations
-
Protect your rights under all applicable laws
Get Help From a Admiralty Lawyer in Houston or Galveston
Don't risk losing your right to compensation by trying to handle a maritime injury claim alone. Our experienced Houston admiralty injury lawyer at Terry & Thweatt understands the nuances of both Jones Act and LHWCA claims. We will evaluate your situation, explain your legal options, and fight for the full compensation you deserve under maritime law. Let us put our knowledge of Texas maritime law to work for you while you focus on your recovery.
To schedule a free consultation with our admiralty lawyer in Houston or Galveston, click the button above to fill out our online contact form. For immediate assistance, call our office at 713.600.4710 now.
