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A Brief History of Maritime and Admiralty Law

Maritime law and admiralty law are two terms that can be used interchangeably. Importantly, maritime law (also called admiralty law) is what governs offshore accidents. Maritime workers have almost always adhered to certain specific laws that govern their industry. Although much of general maritime law in the United States comes from the Constitution, there are other sources for these regulations as well. Below, we list some of the most important laws, statutes, and regulations that are crucial when it comes to maritime injury cases.

What Is Maintenance and Cure in Maritime Law?

Two important factors in Jones Law cases are maintenance and cure. Maintenance is the compensation that your employer must provide to you while you recover from an illness or injury. The intent behind maintenance is to provide compensation for a recovering worker’s cost of living on land. However, many maritime employers try to keep these payments to a minimum. Working with experienced maritime attorneys can potentially give you a better chance at a higher maintenance payment in your case.

Cure is the medical care that your employer must provide to you after you suffer a work-related injury. It basically compensates for the treatments necessary for your recovery. While many employers don’t want you to know this, offshore workers have the right to choose their own doctor under maintenance and cure.

One crucial question remains. How long do maintenance and cure benefits last? Generally, maritime and harbor construction workers can receive these benefits until they reach maximum medical improvement (MMI). MMI is the point when your injury, illness, or condition will no longer improve. Once you reach maximum medical improvement, your employer is no longer obligated to pay for further medical bills and treatments. We highly recommend speaking with trained maritime lawyers for your case. We will ensure that all your legal rights and benefits are protected.

When Does Maritime Law Actually Apply?

It’s important to understand which offshore accident cases actually fall under the jurisdiction of maritime law. In the United States, maritime law applies in any case that arises on “navigable waters.” Navigable waters are those used for commerce, trade, or travel between multiple states or foreign countries. Any body of water that is fully contained within a single state, such as a lake, is not subject to federal maritime law.

Maritime law covers a wide array of maritime accident cases. Examples include cases involving offshore oil rigs, shipping disasters, underwater welding accidents, and other injury cases. It can even come into play in cases of piracy, contract disputes, and even marine insurance issues. Because of the countless case types that fall under maritime law, you need experienced offshore injury lawyers on your side.

What Exactly Is a Maritime Lawyer?

Maritime attorneys are one of many types of personal injury lawyers. They handle maritime injury cases, boating accident cases, and even commercial maritime cases. At our Houston law office, Reich & Binstock is passionate about protecting the rights of injured maritime workers. If you’re having trouble securing compensation from your employer or an insurance company, our maritime lawyers are here for you.

We will examine the facts of your case during your free consultation, apply federal law to your claim, and outline your legal rights. It’s important for injured workers to have qualified legal representation in any personal injury case. This is especially true in more complex practice areas, such as maritime law. Contact a Houston maritime injury lawyer with Reich & Binstock to connect with a compassionate, aggressive trial lawyer for your case.

What Kinds of Accidents Need a Houston Maritime Lawyer?

As we stated previously, many different case types fall under the jurisdiction of maritime law. Our Houston maritime attorneys have handled many maritime cases, such as the following.

Cruise ship accidents

Cargo ship accidents

Commercial boating and fishing accidents

Wrongful death cases

Oil and gas worker injuries

Shipyard accidents

Workers falling overboard

Jack-up rig accidents

Deckhand injuries

Dredge accidents

Many of the cases handled by maritime lawyers involve devastating and catastrophic injuries. For example, if two large ships collide, the damage can be highly detrimental to both shipping companies and their vulnerable employees. Because of the high levels of damage, it’s important for victims to work with an experienced maritime lawyer from the very beginning of their case to the very end.

What Is a Maritime Injury?

In order to better understand maritime injuries and the laws surrounding them, we’ll first cover the Jones Act. This statute outlines and regulates a majority of U.S. domestic shipping.

Basically, it requires goods that are shipped between U.S. ports to be transported on vessels that are built, owned, and operated by U.S. citizens or permanent residents. The Jones Act is a small yet very important section of the 1920 Merchant Marine Act. Importantly, the Jones Act not only outlines maritime commerce regulations but also provides sailors and maritime workers with certain protections. These protections include the ability to seek damages for injuries from crews, captains, or ship owners.

What Are the Most Common Causes of Maritime Injuries?

Due to the wide net of jurisdiction cast by maritime law, there are many different causes of maritime accidents and injuries. Many law firms already understand that maritime jobs tend to be inherently dangerous. However, that doesn’t mean that maritime employees aren’t owed a certain duty of care by their employers and fellow employees. Even though certain offshore accidents are unavoidable, others only occur as a result of gross negligence. Below, we list some of the most common causes of maritime accidents.

Unavoidable and extreme weather conditions

Long working hours and a lack of sleep

Drug or alcohol abuse

Other forms of reckless or negligent behavior

Inadequate training or severe inexperience

Stressful job duties and poor decision making

Fires and explosions

Improperly secured cargo shifting while traveling

Slip and fall accidents

Colliding with the shore or with other vessels

Catastrophic Maritime Injuries in Texas

Due to the nature of maritime jobs, the possibility of catastrophic injuries is very high. In fact, the range and type of possible injuries for seamen are very broad. Below, we list some of the most common maritime injuries we see at Reich & Binstock in Houston:

Neck or back strains from lifting heavy objects and equipment

Toxic chemical exposure from cargo, solvents, or lead paint

Falling object/equipment head injuries

Paralysis or amputation due to malfunctioning equipment

Slip and fall injuries on poorly lit or wet decks

Diver injuries such as decompression

Burns or electrocutions

Medical malpractice harm from a ship’s medical crew treating injured workers

Drowning wrongful deaths due to poor rescue techniques

Maritime Injury Statistics

What to Do After a Maritime Injury

After you’ve been injured in an offshore accident, you might be too stunned or in too much pain to think about what to do next. Luckily, our Houston maritime attorneys have compiled a list of steps to take after suffering a maritime injury.

First and foremost, seek immediate medical attention. This is important for a few reasons. Primarily, it will ensure that your injuries do not worsen or go unnoticed for too long. It also closely ties your injury with the date and time of your accident by generating medical records that you can use in your case.

Next, report the injury or incident to your employer. If you need medical attention immediately, one of your coworkers can report the accident. However, this should only be done if you yourself cannot physically report the incident. Filling out a work accident report is yet another piece of evidence that you can use in your claim.

Contact a Houston maritime lawyer. 

As soon as you’re able, get in touch with a maritime lawyer with our law firm. We will help you navigate the complexities of the claims process in a maritime case.

Gather evidence to support your claim. This is where an experienced personal injury maritime lawyer will come in handy. We’ll help support your claim by supplying evidence such as pictures, videos, witness statements, records of equipment involved, and other necessary evidence.

Refrain from discussing the case with anyone other than your Houston maritime attorney. Don’t say anything about the case to your coworkers, your employer, or the insurance company. Also, don’t sign anything or make any statements without your maritime lawyer present.

What Is the Time Frame to Sue Your Job for Maritime Injuries Under the Jones Act?

Generally, the statute of limitations for a Jones Act claim is three years from the date of your injury. Understanding this statute of limitations is important in ensuring that you file your claim on time. Should you attempt to file a claim after the deadline passes, your claim will be denied. However, certain circumstances exist in which a person may file a claim after the deadline. The main example occurs when victims are unaware that they sustained injuries. In these cases, the statute of limitations begins when you discover the injuries.

How Do I Find a Maritime Injury Lawyer in Texas?

There are many ways in which people find the right maritime injury lawyer for their case. Sometimes, people like referrals from friends and family. Other times, they like to do their own independent research. Below, we list the necessary steps to finding the right offshore injury lawyer for your case:

Determine your criteria.

 Generally, you’ll want someone with experience in the realm of maritime law. You’ll also want someone who is licensed in your state, as well as accessible to you. Figure out your other must-haves and jot them down.

Make a list. 

Once you find a few lawyers or law offices that look good, put them on a list. Read through their reviews, visit their websites, and find out more about them.

Research your top picks. Check with their state bar association for certifications. Read biographies on their website, and ask around for referrals.

Call their office.

 

Schedule a meeting with them if you feel they may be a good fit for your case.

Meet with them

Jot down some interview questions and take appropriate documents with you to the meeting. Get to know the attorney and make a decision on who you think is right for your case.

Sign the contract. 

Once you make your decision, let your chosen attorney get to work. A good attorney will take the weight of the case off your shoulders so that you can focus on recovery.