You were working as a roustabout on an oil rig in the Gulf of Mexico when faulty equipment caused a serious injury that left you unable to work. Now medical bills are piling up, and you're worried about providing for your family. At Terry & Thweatt, our Houston maritime injury lawyers understand how an offshore accident can turn your life upside down.
We help offshore workers just like you obtain fair compensation through Jones Act and Longshore and Harbor Workers' Compensation Act (LHWCA) claims. Let us explain what you need to prove to receive the compensation you deserve.
Understanding Jones Act Negligence Claims
The Jones Act provides vital protections for seamen injured due to employer negligence. Unlike standard workers' compensation claims, Jones Act cases allow you to recover additional damages if you can prove your employer's fault. To succeed with a Jones Act claim, you must establish three key elements.
Seaman Status
You must spend at least 30% of your work hours contributing to a vessel's mission. This typically includes crew members on ships, oil rigs, barges, and other floating structures. For example, if you work as a tankerman on a vessel in the Houston Ship Channel, you likely qualify as a seaman.
Employer Negligence
Your employer has a duty to provide reasonably safe working conditions. Examples of negligence include:
- Failing to maintain equipment properly
- Not providing adequate safety training
- Using unsafe work methods
- Understaffing critical operations
- Ignoring safety regulations
Causation
The Jones Act uses a lower burden of proof called the "featherweight" standard. You only need to show your employer's negligence played some role in causing your injury, even if it was minor. For instance, if poor lighting contributed just 10% to causing your accident, you could still recover compensation.
LHWCA Claims and Third-Party Negligence
The Longshore and Harbor Workers' Compensation Act covers maritime workers who don't qualify as seamen, such as longshoremen, harbor workers, and shipyard employees. While LHWCA benefits may be available without proving negligence, you may have additional claims against third parties.
Common third-party negligence scenarios include:
- Equipment manufacturers providing defective tools or machinery
- Contractors creating unsafe working conditions
- Vessel owners maintaining dangerous premises
- Other companies contributing to unsafe conditions
Building a Strong Evidence Base for Your Offshore Injury Claim
Success in maritime injury cases depends heavily on evidence. Our Houston maritime injury lawyers help gather and preserve crucial documentation in several key areas.
Foundational Evidence
Immediate evidence collection forms the foundation of your case. We work quickly to photograph the accident scene and equipment involved, while also securing names and contact details from witnesses.
We obtain equipment maintenance records and safety meeting documentation that could reveal prior issues. When available, our legal team also collects surveillance footage that captured the incident and document relevant weather conditions that may have contributed to the accident.
Medical Evidence
Medical documentation tells the story of your injuries and recovery. This includes records from your emergency treatment immediately after the accident and documentation of your ongoing medical care.
Our maritime injury lawyers work with medical experts who can testify about your future treatment needs and expected recovery. Physical therapy progress notes help demonstrate your efforts to recover, while mental health treatment records document the psychological impact of your injuries.
Employment Records
Employment records help establish your work history and value as an employee. We gather documentation of your job duties, training records, and performance evaluations. Previous safety violations or incident reports can demonstrate patterns of unsafe conditions. Detailed wage documentation helps calculate your lost income and future earning potential.
Time Limits and Other Legal Requirements
Maritime injury claims have strict deadlines that vary based on the type of claim and circumstances. Under the Jones Act, you typically have three years to file a lawsuit from the date of injury. However, the LHWCA requires workers to notify their employer within 30 days of the injury and file a claim within one year.
Certain circumstances can affect these deadlines. For instance, if your injury develops gradually, like hearing loss from prolonged exposure to loud equipment, the timeline might start when you first became aware of the condition. Similarly, if you're injured in international waters, different maritime laws and time limits may apply.
Government Vessels
Some claims require specific notice requirements. For example, if a government vessel is involved, you may need to file notice within two years under the Public Vessels Act. Third-party claims against vessel owners or equipment manufacturers might have different statutes of limitations under state law.
Securing Evidence
Waiting to pursue your claim can seriously harm your case in several ways. Evidence can disappear or degrade, like security footage being overwritten or equipment being repaired before proper documentation. Witness memories fade over time, making their testimony less reliable. Important documents may also be lost or destroyed in the normal course of business.
Maintenance and Cure Benefits
The timeline of your case can also affect your ability to receive maintenance and cure benefits, which provide living expenses and medical care while you recover. These benefits should begin immediately after your injury, but delays in reporting or filing can interrupt this crucial financial support.
Get Help From an Experienced Maritime Injury Lawyer
Maritime injury cases require specialized legal knowledge and experience. At Terry & Thweatt, we understand both Jones Act and LHWCA claims. Our legal team will:
- Investigate your accident thoroughly
- Identify all potential sources of compensation
- Handle communications with insurance companies
- Work with medical experts to document your injuries
- Fight for maximum compensation
- Protect your legal rights throughout the process