Houston Maritime Injury Lawyer Fights to Protect the Legal Rights of Offshore Workers
Your life suddenly changed when you suffered a severe injury while working on an oil rig in the Gulf of Mexico. As medical bills pile up and you're unable to earn a paycheck, you know you need to take legal action. But, you're unsure about how much time you have to file a workplace injury claim.
At Terry & Thweatt, our Texas offshore injury lawyer understands the unique challenges faced by maritime workers. We've helped many offshore workers secure fair compensation after accidents on oil rigs, cargo ships, fishing vessels, and other workplaces at sea.
Understanding Offshore Injury Claim Time Limits
Typical personal injury cases in Texas have a two-year limitations period to file a claim for damages. However, when the workplace injury happens at sea, the statute of limitations is different.
The time limit for filing an offshore injury claim depends on which maritime laws apply to your situation. Most offshore workers are protected under either the Jones Act or the Longshore and Harbor Workers' Compensation Act (LHWCA).
Jones Act Statute of Limitations
The Jones Act gives you three years from the date of your injury to file a claim. This applies if you qualify as a seaman, which is defined as someone who spends at least 30% of their work time contributing to the function of a vessel in navigation.
Longshore and Harbor Workers' Compensation Act Deadline
The LHWCA also provides a three-year statute of limitations for most claims. However, you must notify your employer within 30 days of the injury and file a formal claim within one year to preserve your rights.
Death on the High Seas Act Time Limit
For wrongful death claims under the Death on the High Seas Act (DOHSA), families have three years from the date of death to take legal action.
Extensions to Standard Time Limits
In certain situations, the statute of limitations may be extended on Texas offshore injury claims:
- If your injury wasn't immediately apparent, the clock might start when you discovered or reasonably should have discovered the harm.
- Time limits may be paused if you were physically or mentally incapacitated after the maritime accident.
- For workers younger than 18 years old at the time of injury, the statute of limitations typically doesn't start until they turn 18.
- Maritime vessel owners declaring bankruptcy can temporarily pause the time limit.
These exceptions are severely limited. Never assume an extension will apply to your case without consulting an offshore injury lawyer.
Why Prompt Action Matters for Your Claim
While three years might seem like plenty of time, waiting too long to start your offshore injury claim can seriously harm your case.
- Physical evidence from the accident scene may disappear or deteriorate.
- Witness memories fade over time, making their testimony less reliable.
- Delays in seeking medical treatment can make it harder to establish the connection between your injury and the offshore accident.
Starting your claim promptly gives your Gulf Coast offshore accident lawyer more time to thoroughly investigate the incident, identify all liable parties, and build the strongest possible case for maximum compensation.
Common Questions About Maritime Injury Claims
Insurance adjusters often tell injured workers they don't need a lawyer. However, maritime law differs significantly from standard personal injury law. Having an experienced Houston offshore injury lawyer ensures your rights are protected.
Employer Retaliation
Many maritime workers worry about employer retaliation after filing a claim. Maritime law specifically prohibits retaliation against workers who exercise their legal rights. If your employer retaliates, they face additional legal penalties.
State or Federal Law
Questions often arise about jurisdiction, whether state or federal courts will handle the case. Maritime injury claims typically fall under federal jurisdiction, but state courts can sometimes hear these cases. Your Gulf Cost offshore accident lawyer will determine the most advantageous venue for your claim.
Unsafe Working Conditions
Maritime law also provides special protections if unsafe conditions that compromised worker safety caused your injury. Vessel owners must maintain seaworthy conditions. Failing this duty makes them liable for resulting injuries.
Combating Manipulative Insurance Company Tactics
Insurance adjusters often employ various strategies in an effort to reduce or even deny your injury claim. Your offshore injury lawyer will work tirelessly to counter their efforts.
Low Settlement Offers
Insurance companies often reach out quickly after offshore accidents with settlement offers. These initial offers rarely reflect the true value of your claim. They're hoping you'll accept the lowball offer before understanding the full extent of your injuries and legal rights.
Recorded Statements and Medical Records
Insurance adjusters may request recorded statements or access to your complete medical history. While they claim this helps process your claim, they're actually looking for ways to minimize your compensation. Never provide statements or sign documents without legal review.
Claim Processing Delays
Some insurers delay claims hoping financial pressure will force you to settle for less. Others dispute the severity of injuries or argue they existed before the accident. A Houston maritime lawyer can counter these tactics and ensure fair claim handling.
Equitable Legal Representation
Most importantly, insurance companies have teams of lawyers protecting their interests. You deserve equal legal representation protecting your rights and fighting for maximum compensation under maritime law.
Don't risk losing your right to compensation by waiting too long to take action. The experienced maritime lawyers at Terry & Thweatt can evaluate your case, explain which time limits apply, and help you meet all critical deadlines.