Houston Maritime Attorney
Our Houston maritime attorneys at Patrick Daniel Law are qualified to handle challenging situations involving maritime injuries that other Houston law firms deem too complicated.
In Houston, Admiralty law, or maritime injury law, is rife with anomalies and inconsistent cases.
These discrepancies are only possible with experience, but we spot them in every case in our Houston law office.
In certain nautical situations, Houston maritime personnel are at a disadvantage. They have some advantages in other cases of maritime injuries. However, only an experienced Houston maritime lawyer can fully understand the situation.
Therefore, Patrick Daniel Law can assist you if you require a Houston maritime accident attorney after suffering a maritime injury, regardless of your location in Houston, Pasadena, Harris County, Baytown, or the surrounding suburbs. Reach out to our Houston maritime attorneys for a complimentary assessment.
Having practiced maritime law in Houston, Texas, and the surrounding Gulf Coast for twenty years, Patrick Daniel is legendary among Houston’s maritime attorneys.Patrick Daniel has represented both sides in situations involving maritime injuries. His knowledge of Houston maritime law issues and the job performed at sea by hundreds of Houston maritime enterprises’ employees is substantial.
Below is a brief summary of the several kinds of Houston marine accident cases that he has managed, both in Texas and internationally:
- Cradle-up rig mishaps
- Deck mishaps
- Tugboat mishaps
- incidents on oil platforms
- Barge mishaps
- Mishaps in commercial fishing
- Cargo ship mishaps
- Shipbuilding mishaps
Please call (713) 999-6666 or email us if you have a maritime injury in Houston comparable to the ones listed above. You can also request a free consultation with one of our Houston maritime attorneys or additional information about our Houston maritime law services.
Houston Maritime Attorney – Houston Marine Law
There’s much more to Houston than oil and airplanes. According to recent research, Houston, Texas, ranks second nationally for cargo transportation jobs between American ports.
The only city with more employment in the maritime sector is adjacent to New Orleans. When the laborers from all Texas ports are added together, Texas is third in the nation for freight movement between American ports.
With more than 200 public and private terminals, the Port of Houston handles about 8200 seagoing vessels and 215,000 barges a year. The Houston region is home to thousands of maritime workers.
Thus, it should not be shocking that Houston has many instances involving maritime injuries. When hurt at sea, maritime employees have the same limited resources as workers on land. They frequently need to work with a Houston maritime injury attorney to safeguard their rights and assist in recouping their losses following a marine injury.
Maritime Attorneys in Houston
Although many Houston marine attorneys are experts in admiralty law (also known as maritime law), experience is crucial. Founder Patrick Daniel is a top maritime injury attorney who has tried hundreds of cases involving injuries at sea and obtained sizable settlements for his clients.
However, this procedure calls for far more than just a formidable litigator. Marine labor is demanding, harsh, and unpolished; therefore, any Houston, Texas, attorney hoping to represent marine employees must know the field and the law.
This distinguishes Patrick Daniel’s legal from other Houston, Texas legal practices. It’s work he knows. He was raised in Louisiana and had twenty years of marine litigation expertise, some of which he has gained from the opposing side of the courtroom.
Working at Sea: The Outside World Is Different
Houston Lawyer for Ships
Houston is home to hundreds of maritime enterprises, and while they may profess to value their workers and their sacrifices, all it takes is one slip on a slick deck or one pallet of cargo falling in rough waters to find out how much—or how little—they care.
Never expect your employer to pay for your medical expenses and provide appropriate compensation if you are hurt at sea. Any of the many Houston maritime attorneys will quickly point out that when an injury happens, the rules of the game change significantly.
Furthermore, policies for maritime employees differ from those for land-based employees. In maritime law situations, defendants attempt to duck behind the complexities of the law in the hopes that the aggrieved party is not familiar with them.
For example, accidents sustained at sea are not covered by Workman’s Compensation. However, because of the federal Jones Act, employers are liable to maintain their vessels so they are safe and seaworthy and provide reasonably safe working conditions. As a result, maritime workers can sue their employers for compensation.
Admiralty law and maritime law are the same
So, in any case, what does maritime mean? Anything related to the sea is considered maritime. This can be used for both military operations and commercial shipping and transportation. Admiralty law, which is synonymous with maritime law, is the body of rules regulating nautical activities.
The Law of the Sea, which regulates mineral rights, international trade, jurisdiction over coastal waters, treaties, and international relations, is distinct from maritime law. Admiralty cases, which involve civil proceedings, individuals, companies, and representatives of those companies, have a more localized idea.
Kinds of Claims for Maritime Injuries
When to Speak with a Marine Attorney
If you have access to a cell phone Wi-Fi and are allowed to make personal phone calls while on board, the fastest way to find out when to call a lawyer following a maritime disaster is “as soon as your ship docks in Houston.” If you utilize your time to call an attorney and your ship permits employees to make personal calls, the management cannot take legal action against you!
Some employees frequently make the mistake of attempting to come across as “team players” who don’t want to cause trouble by threatening legal action. Protecting an image that won’t even help you in the long term may come at a high cost. Many Houston maritime employees, or former employees who can no longer work, regret not contacting an attorney as soon as possible following their mishap.
Despite all the blogs and websites that advise you on handling a DIY courtroom approach, don’t decide if you have a case worth pursuing. Act sensibly and give an attorney a call.
After just a few minutes of a free consultation, Patrick Daniel can usually tell if a case has the potential to win because he has won so many admiralty matters. You won’t have to pay anything out of pocket if Patrick Daniel Law takes your case; the legal charge will be deducted from the settlement amount.
The Jones Act of 1920 and the Merchant Marine Act
Even if you work as a U.S. citizen for a U.S.-based corporation on a ship registered in the United States, some regulations that protect you cease to apply once you depart Houston and cross the country’s borders. Thankfully, other laws take effect that, albeit in a different way, restore some of those rights.
Consider the Merchant Marine Act as one such law. This broad law establishes rules about maritime trade between U.S. ports in U.S. waters. The Jones Act, also known as a Section 27 of the Merchant Marine Act, mandates that only American-built vessels be used for commerce between U.S. ports. Although the terms Jones Act and Merchant Marine Act are frequently used interchangeably, the Jones Act is a component of the Merchant Marine Act.
The fundamental principles of the Jones Act’s provisions center on the rights of marine employees. These clauses cover, among many other things:
The vessel’s owner must maintain it in a seaworthy and safe condition by taking reasonable care. If the owner’s actions are proven to be careless and cause harm, they may be held accountable.
Qualifying sailors—officially called seamen—who have been ill or injured while at sea may file a lawsuit against their employers to obtain the proper compensation. The concept of the vessel’s seaworthiness is crucial because it can change a case’s course from one in which the victim’s losses are fully recoverable to one in which the best result would be the recovery of basic costs (also known as maintenance and cure).
A “Seaman”—what is he?”
The Jones Act’s main provisions apply to a particular kind of worker known as seamen. It is a legal recognition crucial to the filing process for injury claims. Nevertheless, neither the Merchant Marine nor the Jones Act provide a legally enforceable definition of a sailor.
There is history. To determine if the plaintiff meets the requirements to be considered a seaman, the maritime counsel for both parties must review prior instances. To be considered a seaman, one must be hired by one of the numerous maritime businesses in Houston and have spent time working at sea.
Maritime attorneys and judges generally agree on the following definition rather than a legal one. Nevertheless, the definition’s terminology has changed over time and could still change.
A seaman is “any individual engaged or employed in any capacity on board a vessel, except for scientific personnel, sailing school instructors, and sailing school students” (source).
That’s all good, simplifying the more clumsy definitions that came before. However, the Jones Act somewhat regresses the progress, requiring that an employee work at least thirty percent of their time aboard a vessel while at sea to be considered a seaman. In an admiralty dispute, the opposing sides can debate this subject for hours on end. But without a broad definition to work from, it frequently becomes a roadblock in the process.
If You Are Not Eligible to Be a Seaman
Act Concerning Longshore and Harbor Workers’ Compensation
Employees may still be entitled to benefits under the Longshore and Harbor Workers’ Compensation Act (LWHCA) even if they do not meet the requirements of the definition of a seaman. According to federal law, the injured party is entitled to compensation for the lost wages, medical costs, rehabilitation costs, and survivor benefits if the accident results in the worker’s death.
This covers workers hurt on the harbor’s wharf area, including dock workers, shipbuilders, and harbor construction workers. The LWHCA’s provisions generally offer better pay than those of conventional Workman’s pay legislation.
Presenting Evidence of Negligence
Maritime workers frequently have to rely on the Jones Act’s provisions for compensation in the absence of Workman’s Compensation. Contacting a marine accident lawyer as soon as possible after an incident is crucial since maritime employees have access to a superior system in a few respects.
Maritime workers may bring negligence claims that go beyond ordinary maintenance and cure for specific kinds of damage by using the provisions of the Jones Act as support. When they bring a negligence lawsuit, they can get a larger payment and must show that the employer’s carelessness played some role in the damage. Put another way, the injury need not have resulted only from the carelessness. To be relevant, it only needs to have a tiny part.
Employers may argue that maritime employees must accept the significant hazards of working on a seagoing vessel. Still, it does not release the employer or ship owner from responsibility in the event of an incident. Employers must offer a safe work environment, build and maintain the ship per the code, and make repairs as needed. They must take “reasonable care,” anticipate future accidents and take preventative measures.
The maintenance of the ship is one of many areas where negligence occurs. Decisions that place employees in unjustified danger occasionally need to be held accountable. Negligent behavior might include but is not limited to, requiring employees to undertake jobs in hazardous sea conditions, disregard safety protocols, execute tasks for which they are untrained, or deviate from standard operating procedures for seagoing cargo.
Case Types for Maritime Injury
Maritime Law Firm in Houston
Most landlubbers would be terrified and hopeless under the conditions maritime personnel face. Unfortunately, accidents do occur even though most people are aware of the dangers they face and have strategies in place to reduce them.
The following are some of the most frequent incidents that result in injuries for maritime workers:
Among injury claims, slips and falls rank solidly first. Slips happen frequently in damp circumstances on decks, stairwells, and even crew spaces.
Bumps and collisions: Workers may be struck by swinging booms, cranes, dollies, trolleys, machinery, and unguarded goods.
Mishaps when lifting and carrying: It can be dangerous to hoist large goods in a tilting deck in a choppy sea. Even in the best of circumstances, heavy lifting is a dangerous activity.
Illness: Injuries are not always the cause of claims. There are occasions when unhygienic circumstances and inadequate food preparation cause crew members to get sick.
The onboard medical personnel, the infirmary, or the sick bay are an injured worker’s only medical options when the ship is at sea. This could be a true benefit or a risk if the staff members need to be properly trained. A transport helicopter may be required in dire circumstances, but weather and sea conditions can impact its ability to be sent out.
How to File a Maritime Claim: What Not to Do
Around the ship, an injury sustained at sea is nearly always breaking news. Something like that cannot be kept a secret. But, regardless of the extent of the harm or how it happened, it’s critical to keep track of the facts since, in the end, you will be the one to clarify the situation.
Management will be interested in speaking with you as soon as they learn about your injury. Watch what you say closely. While you didn’t want to be impolite or disagreeable, it would be beneficial if you safeguarded your interests. Furthermore, avoid making a recorded statement at all costs. You will never be forced to give a recorded statement during the procedure.
Should you want to contact a marine attorney and submit a claim, the amount of money you are awarded will depend on how careless the ship owner or employer was. Before the case goes to court, anything you say can be twisted and used against you by the skilled manipulators who work for insurance companies and their attorneys. You can’t fool an experienced pro!
Without first speaking with a maritime attorney, never sign any papers, accept any settlement offers, or make any statements.
How to File a Maritime Claim: The Do’s
However, as part of the claims procedure, do complete an accident report. There’s a difference here: you take charge when you file an accident report. You are not forced to respond to deceptive questions immediately; you have time to consider your responses and establish the facts.
Obtain the identities of coworkers or witnesses who observed the mishap or a potential hazard that could have led to your injuries.
Get in touch with Houston’s Daniel Patrick Law right now. They will review your case, assist you with the accident report, and work with you to create a brief accident summary. They can tell you whether your case is likely to succeed and, if it does, how much compensation you might be eligible for based on the private information you give them.
When You Engage a Maritime Attorney, Everything Changes
Houston’s business density, particularly in the maritime sector, fosters a rapid dissemination of information among the community. The other businesses in the Houston region pay attention when one of the corporations faces legal action in a maritime injury lawsuit.
In a marine damage lawsuit, nobody wants to go to court. Only a few do. Many don’t. The other side frequently decides it would be preferable to settle out of court when a marine attorney joins the case on behalf of the victim.
The first offer that says, “Sign here, and we’ll be done with this,” is frequently withheld in favor of something more substantive and equitable. Most of the time, they will stop using intimidation tactics and leave you alone to handle matters with your attorney.
Never try to file a claim for a maritime injury on your own. Maritime law is very different compared to other laws you may be familiar with. Not only that, but it’s constantly changing. Since their creation, the Merchant Marine Act and Jones Act have undergone numerous amendments; at the moment, there are calls for both fresh revisions and their repeal.
FAQs about Maritime Law
What jobs are classified as maritime?
A vast array of occupations can be classified as maritime work. Many of these positions fit the Jones Act’s definition of a seaman, which gives the employee the right to maintenance and cure as well as the ability to sue for negligence in the event of an injury:
- The ship’s captain
- The ship’s crew comprised commanders, pilots, engineers, and deckhands.
- Anglers
- Barge personnel
- Business scuba divers
- Cruise ship crew members
- Workers from offshore oil fields (under certain conditions; see below)
Areas adjacent to navigable waters, such as shipyards, piers, wharves, and harbors, are also the site of maritime activity. But let’s say you suffer an injury while working as a shipwright, longshoreman, or in any other position that does not fall under the legal description of a sailor. You must refer to the Longshore and Harbor Workers’ Compensation Act in that scenario.
A maritime injury is what?
Any injury sustained by a worker on or near the United States navigable waters is considered a maritime injury. Injury incidents at sea can result from a wide range of circumstances, including:
- Falling and slipping on damp terrain
- being hit by booms, swinging yards, and other pieces of machinery and equipment
- injuries from lifting heavy cables to the shoulders, back, and extremities
- hefty machinery and loads crashing on employees
- Flames and detonations
- A crane falls
- Suffocation in confined areas
- sailors going overboard
- exposure to hazardous substances and materials
These and other mishaps may occur on oil rigs, ships, harbors, or anyplace else where marine operations are carried out. If a maritime worker is hurt, they are entitled to compensation. However, the process for submitting a claim differs from what those in landlocked professions must follow in the case of an injury sustained on the job.
How should a marine mishap be handled?
Becoming injured at sea on a ship is one of the scariest scenarios. You can’t just dial 911 and hold off on getting help.
Below are the actions that seamen should take in the event of a marine injury:
See a Doctor on the Ship. Smaller ships might only have first aid available, but larger ships might have a medical officer or doctor on board who can treat patients.
In the event of an emergency, radio the Coast Guard. When the ship comes to port, minor injuries that are not life-threatening can usually be treated in a hospital. But in dire circumstances, the U.S. When the ship is at sea, the Coast Guard can assist in transferring a seriously hurt worker.
Inform your employer about the injury. According to law, you have only seven days to report an injury in a maritime accident. Reporting to the captain or a supervisor usually fulfills the reporting requirement.
Remain Prepared. Save all paperwork about the collision and your injuries, such as doctor’s notes and invoices, correspondence with your employer, etc.
Talk to a Lawyer for Maritime Injuries. Following a marine disaster, you should consult a lawyer as soon as that is practicable. Injured workers frequently face pressure from their employers and insurance providers to sign papers not in their best interests. An experienced lawyer can defend your rights and pursue your due money.
If you are covered by the Longshore and Harbor Workers’ Compensation Act, many of the same procedures apply, particularly needing immediate medical attention and legal counsel. A significant distinction is that harbor and longshore employees have thirty days as opposed to seven days to report an injury. However, it would help if you let your employer know immediately.
How may a maritime law be applied?
Marine Law is intricate. Various federal regulations, as well as state and local legislation, are included in what is commonly referred to as admiralty law. To properly represent clients, maritime attorneys must thoroughly understand the Longshore and Harbor Workers’ Compensation Act, the Merchant Marine Act of 1920 (often referred to as the Jones Act), and other relevant laws.
When employees file a claim for an injury sustained on the job, they are likely to feel safe at sea with the support of a marine lawyer. A maritime lawyer can:
- Look into the details of your case to see what legal choices you have.
- Look into the mishap and gather proof on your behalf.
- Speak with knowledgeable witnesses
- and settle fairly through negotiations with the insurance provider and employer,
- bring legal action in the relevant court if a settlement cannot be reached, and assemble your case for trial, including the court filings and motions.
- Taking your case to trial
In federal district court, most maritime disputes are tried. Federal court proceedings’ rules and procedures differ from those governing county or state court proceedings. Because of this, it is crucial that you engage with a lawyer who understands maritime law and has the necessary skills to represent you in a court that many lawyers have yet to set foot in.
For twenty years, maritime attorney Patrick Daniel has been managing similar disputes on behalf of clients from Texas, Mississippi, and other Gulf Coast states. He is well-known for his commitment to and accomplishments in maritime law, regularly producing favorable outcomes in contentious legal disputes.
What do maritime injury claims refer to as navigable waters?
Federal law defines navigable waters as “waters subject to the ebb & flow of the tide” and used “to transport interstate or foreign commerce.” While the Gulf of Mexico and other offshore areas fall under this definition, rivers, lakes, and other bodies of water currently used, used, or used for interstate commerce may also fall under this definition.
The accident’s location is crucial. Let’s say that you have an injury at work on a waterway that does not satisfy the requirements for navigability. If so, your options might be restricted to bringing a lawsuit against a careless third party (if relevant) or submitting a workers’ compensation claim at the state level.
For injuries sustained by maritime workers, what damages are permitted?
In the case of an injury sustained on the job, seafarers are automatically entitled to maintenance and cure under the Jones Act. Payments for daily living expenditures are referred to as “maintenance,” while the cost of medical care for injuries received in the accident is referred to as “cure.” These benefits are given to you until your condition improves to its greatest extent (as decided by a physician).
The employer pays Maintenance and cure benefits on a no-fault basis, which means you don’t have to establish carelessness to begin receiving benefits. But in order to get further damages, you have to show that someone else was at fault.
Claims under the Jones Act are distinct in that, in the event that an employer’s carelessness caused the worker’s injuries, the worker may be entitled to reimbursement for all losses incurred in a marine catastrophe. You can demonstrate that your employer’s negligence (ship maintenance, crew training deficiencies, etc.) caused the mishap. If so, you might be qualified for reimbursement for the following losses:
- Present-day and foreseeable medical costs
- Wage losses
- Loss of ability to make money
- Expenses incurred directly from the maritime injury
- Anguish and suffering in
- Infirmity
- Deformity and scarring
- loss of life’s enjoyment
The LHWCA, or Longshore and Harbor Workers’ Compensation Act, operates like a typical workers’ compensation scheme. Benefits for injured workers are restricted to reimbursement for medical costs, rehabilitation costs, and disability benefits. In most cases, injured workers are not allowed to sue their employers.
What is the duration of a maritime lawsuit?
In the case of an injury sustained on the job, seafarers are automatically entitled to maintenance and cure under the Jones Act. Payments for daily living expenditures are referred to as “maintenance,” while the cost of medical care for injuries received in the accident is referred to as “cure.” Benefits are handed out until you achieve the highest medical improvement (determined by a doctor).
The employer pays Maintenance and cure benefits on a no-fault basis, which means you don’t have to establish carelessness to begin receiving benefits. But you must show that someone else was at fault to get further damages.
Claims under the Jones Act are distinct in that if an employer’s carelessness caused the worker’s injuries, the worker may be entitled to reimbursement for all losses incurred in a marine catastrophe. You can demonstrate that your employer’s negligence (ship maintenance, crew training deficiencies, etc.) caused the mishap. If so, you might be qualified for reimbursement for the following losses:
- Present-day and foreseeable medical costs
- Wage losses
- Loss of ability to make money
- Expenses incurred directly from the maritime injury
- Anguish and suffering in
- Infirmity
- Deformity and scarring
- loss of life’s enjoyment
The LHWCA, or Longshore and Harbor Workers’ Compensation Act, operates like a typical workers’ compensation scheme. Benefits for injured workers are restricted to reimbursement for medical costs, rehabilitation costs, and disability benefits. In most cases, injured workers are not allowed to sue their employers.
Is offshore accident coverage under maritime law? If an employee is hurt at work, they have two legal choices. The kind of claim you should file will depend partly on the accident’s location and your line of work.
If you work on a jackup rig, platform supply-ship, or any other vessel that travels along the offshore navigable waters, you meet the requirements to be considered a Jones Act seaman. If the ship you were working on during the disaster was not seaworthy, you may be able to pursue further compensation in addition to filing a claim for maintenance and cure as a seaman.
However, in a disaster, you most likely wouldn’t meet the “in navigation” criteria to file a claim under the Jones Act if you work on a deep water drilling platform or an another permanent offshore structure. Instead, the Longshore and Harbor Workers’ Compensation Act will probably be relevant in this case.
Article source – Patrick Daniel Law
Note:- We are not (directly or indirectly) connected with Patrick Daniel Law
