Texas offshore workers face unique hazards. When injuries occur aboard and around vessels at sea, the Jones Act offers a potential lifeline for compensation. Comparative fault adds a layer of complexity to these maritime injury laws. As experienced maritime lawyers, the attorneys at Terry & Thweatt, P.C. have seen how the allocation of responsibility can dramatically impact case outcomes.
The application of comparative negligence principles to Jones Act claims allows injured workers to recover damages even if they’re partially at fault. For offshore workers along the Gulf Coast, understanding this legal framework is crucial when seeking compensation after workplace accidents.
Table of Contents
- How the Jones Act Affects American Offshore Workers
- Applying Comparative Fault to Jones Act Cases
- How to Determine the Percentage of Attributed Fault
- Possible Damages You May Recover in a Workplace Accident
- Why Hire an Experienced Maritime Injury Lawyer
- Exceptional Representation for Jones Act Injury and Wrongful Death Claims
How the Jones Act Affects American Offshore Workers
Formerly known as 46 U.S.C. §688 and part of the Merchant Marine Act of 1920, the Jones Act provides vital protections for American offshore workers in the event of a workplace injury. It grants eligible seamen the right to pursue compensation for injuries suffered as the result of employer negligence.
The federal Jones Act protections apply to anyone working on a vessel or in navigation at least 30 percent of the time. The vessel must be afloat, operating, and capable of movement, but it doesn’t have to be actively at sea—it just can’t be drydocked or have stopped operating. The term “vessel” is used broadly to include fishing boats, large cargo ships, offshore oil rigs, and everything in between.
Unlike standard workers' compensation laws, the Jones Act allows workers to file lawsuits directly against their employers. Employers must demonstrate they provide a reasonably safe workplace, including proper maintenance and repair of equipment. These legal protections allow workers to receive fair compensation even if they’re partly at fault for their injuries.
It’s illegal for employers to fire employees for filing a Jones Act claim. Even so, injured workers are highly encouraged to secure the counsel of an experienced offshore injury lawyer. The legal team at Terry & Thweatt will explain your options and guide you through the entire claims process.
Applying Comparative Fault to Jones Act Cases
Texas civil law observes a modified doctrine of comparative negligence. An accident victim can seek compensation for their losses even if they’re partly to blame, as long as they’re not more than 50 percent at fault.
The resulting settlement is then reduced by the percentage of assigned fault. For example, if a worker sustains $100,000 in damages but is 25 percent at fault for causing the accident, they may be eligible to receive up to $75,000.
Under the Jones Act, maritime injury lawsuits follow the standard of pure comparative fault. A key difference is that Jones Act claims are not subject to the 50-percent rule. Even if an injured worker is more than 50 percent responsible for the accident, they can still seek damages from their employer or other liable parties. If they claim $100,000 in damages, but are 80 percent at fault, they may still receive up to $20,000 in a settlement.
If the employer’s negligence or willful misconduct caused the injury in even the smallest way, the employee has a legal right to seek proportional restitution. Examples of negligence can include anything from failing to provide proper safety measures to requiring excessive overtime. Employers are also required to provide adequate medical treatment.
How to Determine the Percentage of Attributed Fault
The attribution of fault in maritime injury cases involves a detailed evaluation of the actions and responsibilities of all parties involved. The courts will consider all available evidence, including analyzing actions leading up to the incident and the assumed duty of care, as well as the extent to which each party’s actions contributed to the accident.
These arguments are nuanced and often open to interpretation. A sound legal strategy supported by compelling evidence is key to a successful Jones Act injury claim.
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Possible Damages You May Recover in a Workplace Accident
If you were hurt while working on a maritime vessel due to your employer’s negligence, you may be entitled to seek economic and noneconomic damages. These might include:
- Medical expenses, including future medical treatment costs
- Lost wages, including diminished future earning potential
- Property damage, if any personal items are damaged in the accident
- The cost of vocational rehabilitation and re-training
- Physical pain and suffering
- Mental and emotional distress
- Reduced quality of life
- Punitive damages, if the injury is the result of reckless or intentional misconduct
Why Hire Experienced Maritime Lawyers in Houston
The standard statute of limitations for injury claims under the Jones Act is three years from the date of the incident. While this may sound like a long time, it’s imperative to act as quickly as possible to preserve evidence and develop a strong case. At Terry & Thweatt, we have a proven track record of success representing Jones Act clients.
In one case, attorney Joe Terry represented a tankerman who was severely injured carrying a discharge hose. Key depositions and expert testimony helped to prove the owner’s negligence in failing to provide proper safety equipment. The case was settled for $3.75 million prior to trial.
Exceptional Representation for Jones Act Injury and Wrongful Death Claims
If you were seriously injured in an offshore accident along the Gulf Coast in Texas or Louisiana, get the exceptional representation you deserve.
Contact our Houston maritime lawyers to request a free initial consultation by clicking the button above, and we’ll reach out soon to discuss your Jones Act claim. For immediate assistance, call 713-600-4710 right now!
