Texas Admiralty Lawyer Explains Workplace Injury Coverage for Offshore and Land-Based Jobs
Working both on land and offshore brings unique challenges when workplace injuries occur. Many Houston workers split their time between land-based settings and maritime vessels, leaving them unsure about their rights after an injury. We’ve seen firsthand how confusing these overlapping systems can be. Our Texas offshore injury lawyer helps workers understand their options and pursue rightful compensation when they’ve been hurt on the job.
State vs. Federal Laws for Workplace Injuries
Land-based employees in Texas fall under the state workers' compensation system. This provides set benefits for medical care and lost wages regardless of who caused the injury. However, maritime workers injured offshore have different protections under federal laws like the Jones Act and Longshore and Harbor Workers' Compensation Act (LHWCA).
For example, a warehouse worker injured while loading boxes would file a standard Texas workers' compensation claim. But, a longshoreman hurt while loading those same boxes onto a vessel would file under federal maritime law instead.
A major difference lies in the burden of proof. State workers' compensation operates on a no-fault basis. Land-based workers receive benefits regardless of who caused the accident. Under maritime law, on the other hand, workers must demonstrate some level of employer negligence to receive full compensation beyond basic maintenance and cure benefits.
Understanding Jones Act Coverage
The Jones Act protects seamen, who are defined as workers who spend significant time contributing to a vessel's operations. This includes roles like:
- Ship crew members working on cargo vessels and tankers
- Offshore oil rig workers on mobile drilling units
- Commercial fishermen on fishing vessels
- Vessel maintenance staff handling repairs at sea
Jones Act benefits and coverage may include full lost wages, pain and suffering damages, loss of earning capacity, and emotional distress. Unlike state workers' compensation, the Jones Act allows injured workers to sue employers for negligence, even if the worker was partly at fault. This can provide additional compensation beyond basic medical care and lost wages.
The Jones Act also requires employers to provide maintenance and cure benefits. Maintenance covers basic living expenses while recovering from the workplace injury. Cure pays for reasonable medical treatment until the injured worker reaches what is considered maximum medical improvement.
The Longshore and Harbor Workers' Compensation Act
Like the Jones Act, the LHWCA is also a federal law. It covers maritime workers who don't qualify as seamen under the Jones Act. Examples of jobs covered by the LHWCA include:
- Dock workers loading and unloading vessels
- Ship repair crews working in shipyards
- Harbor construction workers building and maintaining ports
- Marine terminal staff handling cargo storage
- Offshore workers on fixed platforms
The LHWCA provides broader benefits than typical state workers' compensation, including higher wage replacement rates and lifetime medical care for permanent disabilities. Possible benefits that injured workers may receive under the LHWCA include:
- Medical treatment for all work-related injuries
- Disability compensation at two-thirds of their average weekly wage
- Payment for vocational rehabilitation services
- Death benefits for any surviving dependents
Texas Workers' Compensation Benefits for Land-Based Employees
Land-based workers covered under Texas workers' compensation receive specific benefits when injured on the job. The system provides coverage for all necessary medical treatment directly related to workplace accidents. This includes:
- Emergency room visits and hospital stays
- Doctor appointments
- Specialist care
- Prescription medication
- Physical therapy and rehabilitation
- Assistive medical devices
- Travel expenses for medical appointments
Income benefits come in multiple forms based on the injury severity and recovery timeline.
- Temporary income benefits provide 70% wage replacement during recovery
- Impairment income benefits begin once a doctor establishes permanent impairment
- Supplemental income benefits help workers who can't return to their previous wage level
- Lifetime income benefits provide 75% of pre-injury wages for life in especially serious cases
Texas workers’ compensation claims operate on a no-fault basis, guaranteeing coverage, but this means workers generally cannot sue their employers for negligence, even if the employer’s actions or inactions directly caused the injury. This may result in lower overall compensation compared to maritime workers’ compensation claims.
Determining Which Laws Apply to Your Case
The location and nature of your work when you were injured largely determine which system covers your claim:
- Injuries on vessels in navigation typically fall under the Jones Act
- Injuries on docks, piers and shipyards usually qualify for LHWCA coverage
- Injuries in land-based facilities generally use state workers' compensation
However, many maritime jobs involve both vessel-based and land-based duties. For example, a worker might spend part of their time maintaining equipment in a shore-based facility and part of their time making repairs on seafaring vessels. A Houston offshore accident attorney can review your specific work duties and injury circumstances to determine the best path forward.
Maritime injury claims often involve complex legal considerations beyond standard workers' compensation. The experienced legal team at Terry & Thweatt can evaluate your case and pursue maximum compensation under the appropriate laws.