Houston Maritime Injury Lawyer

Houston Maritime Injury Lawyer

Our Houston maritime attorneys at Patrick Daniel’s Law are qualified to handle challenging matters involving maritime injuries that other Houston law firms deem too complicated.

There are a lot of oddities and contradictions in the Admiralty Law, which is also known as the Houston Marine Injury Law.

These disparities must be investigated by a knowledgeable maritime injury lawyer, and we do so for every case that comes into our Houston office.

Employees at Houston Marine are disadvantaged in several maritime situations. There are certain benefits in their favor in various types of maritime injuries.

However, only an experienced Houston maritime lawyer could solve it. Therefore, Patrick Daniel Law can assist you if you require a Houston marine accident attorney after suffering a maritime injury, regardless of your location in Houston, Harris County, Pasadena, Baytown, or the surrounding suburbs. Reach out to our Houston maritime attorneys for a complimentary assessment.

Let’s Know about the Houston Maritime Injury Lawyer

Having practiced maritime law in Houston, Texas, and the surrounding Gulf Coast for twenty years, Patrick Daniels is legendary among Houston’s marine attorneys.

Patrick Daniel has represented both sides in maritime injury cases. He has a wealth of knowledge regarding the course of action in Houston maritime law cases and the work done at sea by personnel from hundreds of Houston marine companies.

The following is a summary of Houston Marine injury cases they have handled both domestically and internationally:

• Jockey-up rig mishaps
• deck mishaps
• tugboat mishaps
• incidents on oil platforms
• barge mishaps
• Errors in commercial fishing
• freight ship mishaps
• shipbuilding mishaps

Please call us at (713) 999-6666 or send us an online message if you have experienced a maritime injury in Houston comparable to the ones listed above. You can also request a free consultation with one of our Houston maritime lawyers or more information about our Houston maritime law services.

Houston Watercraft Law

There’s much more to Houston than oil and airplanes. According to recent research, Houston, Texas, is the nation’s second-best location for marine jobs due to cargo flow between U.S. ports. The only city with more employment in the maritime sector is adjacent to New Orleans. Upon totaling the labor force from all Texas ports, Texas emerged as the leading U.S. carrier in terms of cargo movement among U.S. ports.

More than 200 governmental and private terminals at the Port of Houston handle more than 215,000 barges and 8200 seaplanes annually. The Houston region is home to thousands of Marine workers.

The fact that Houston has had many maritime accident cases is not surprising. When marine worker is hurt at sea, they frequently need to retain the services of a Houston marine injury lawyer to safeguard their rights and prevent further harm to them. Unlike land-based workers, maritime workers have few options for compensation. It aids in the restoration of harm done.

Marine Attorney in Houston

Although many Houston maritime lawyers are experts in admiralty law, experience is crucial. Founder Patrick Daniel is an accomplished maritime injury lawyer who has handled hundreds of cases and obtained sizable settlements for his clients.

However, this procedure calls for far more than just a formidable litigator. Any Houston, Texas, lawyer who wanted to defend marine employees knew the profession better than he knew the law because marine work is harsh, ruthless, and challenging.

Patrick Daniels Legal stands out from other Houston, Texas legal companies. This is his job. He was raised in Louisiana and had twenty years of marine litigation expertise, some of it on the opposing side of the bench.

Operating at sea: an entirely distinct world

Houston Lawyer for Ships

Houston is home to hundreds of marine enterprises. While they all say they value their workers and their sacrifices, you never know how much or how little concern they have until you stumble on a slick deck or find a pallet of cargo falling in rough waters.

Never expect your employer to pay for your medical expenses and provide fair compensation if you are hurt at sea. Several Houston Marine attorneys would readily point out that an injury significantly alters the nature of the game. Additionally, there are differences in the regulations between personnel on land and ships. Defendants in maritime law matters attempt to duck behind the intricacies of the law in the hopes that the aggrieved party won’t pursue legal action against them.

Seafaring injuries, for instance, are not covered by Workman’s Compensation. However, because of the federal Jones Act, maritime employees can file a lawsuit against their employers to recover damages, and companies are responsible for maintaining their ships and offering a reasonably safe working environment so that their employees can safely navigate the seas.

The Laws of Maritime and Admiralty are the Same

So, what use is marine science anyway? Marine takes anything that is associated with the ocean literally. It can be used for both military operations and commercial transportation. Admiralty law, synonymous with marine law, is the body of laws regulating marine activity.

The law of the sea, which regulates international trade, mineral rights, jurisdiction over coastal seas, treaties, and international relations, differs from maritime law. Admiralty cases, which involve civil proceedings, individuals, companies, and representatives of those companies, have a more localized idea.

Marine Injury Claim Types

When to Speak with a Marine Attorney

The Fast Answer to When to Hire a Lawyer Following a Marine Accident Is “As soon as your ship docks in Houston.” If your ship allows you to make personal phone calls while on board and you have access to a cell phone or WiFi, you should contact an attorney immediately. If you spend time calling a lawyer and your ship permits employees to make personal calls, management cannot take legal action against you!

One common error activists commit is trying to project the image of a “team” player, unwilling to stir things up by threatening legal action. Protecting an image that won’t even help you in the long term could come at a steep cost. Many Houston Marine workers, or former workers who cannot work, regret not hiring an attorney sooner following the disaster.

Don’t try to decide whether you have a case worth pursuing, even with all the blogs and websites that try to advise you on DIY courtroom strategy. Make the wise decision to contact a lawyer. In the first few minutes of a free consultation, Patrick Daniels can typically identify a case that has the potential to win since he has won so many admiralty matters. You won’t incur any further fees if Patrick Daniels Law takes your case; the legal fees will be deducted from the settlement amount.

Jones Act and Merchant Marine Act of 1920

You will no longer be in the United States even after you leave Houston and cross the country’s boundaries. He worked for an American-based corporation on a ship registered in the U.S.. As a citizen, you are no longer protected by all laws. Thankfully, additional laws that restore some of those rights differently also come into effect.

Consider the Merchant Marine Act as one such law. It is an all-inclusive law that covers the regulations controlling maritime trade between U.S. ports in U.S. waterways. The Jones Act, or Merchant Marine Act, Section 27, mandates that the U.S. Only American-built ships should be used to transport cargo between ports. Although the terms “Jones Act” and “Mercantile Marine Act” are frequently used interchangeably, the Jones Act is actually a component of the Merchant Marine Act.

Provisions essential to seafarers’ rights are also found in the Jones Act. These clauses cover, among many other things:

In order to safeguard and preserve the vessel for a maritime cruise, the owner must take appropriate precautions. Should this carelessness be discovered and it causes harm, the proprietor may be held accountable.

If necessary, qualified seafarers—officially referred to as seafarers—who have been ill or injured at sea may file a lawsuit against their employers to obtain the proper compensation. Assuming a seaworthy ship is crucial because it can transform a case from one where the victim’s damages are fully recoverable. The best result would be the recovery of basic costs (also known as maintenance and cure).

Is a “seaman” what?

The Jones Act’s main provisions are applicable to a particular category of workers known as seafarers. This legal acknowledgment is crucial to the procedure for filing injury claims. Nevertheless, neither the Merchant Marine nor the Jones Act provides a legally enforceable seaman definition.

Still, there is precedence, and to decide whether the plaintiff is entitled to be treated as a sailor, maritime counsel on both sides must balance previous rulings. To become a sailor, one must do more than just labor at sea and be employed by one of the numerous shipping businesses in Houston.

Rather than having a formal definition, most judges and marine attorneys concur on the following definition, which is open to change due to vocabulary changes.

“Seaman” refers to any individual working or employed in any capacity on a ship (apart from scientific staff, sailing school instructors, or students) (source).

Although this is a nice and neat definition and a refinement of previous more onerous definitions, the Jones Act takes a step backward, requiring workers to spend at least thirty percent of their time on the ship, out at sea. This point can be debated for hours by the opposing parties in an admiralty case. Still, without any exaggerated definition, it often becomes a roadblock.

If you are not a qualified sailor

Act for Coast Guard and Harbor Employees’ Compensation

Employees who do not fit the definition of a seafarer may nevertheless be entitled to benefits under the Longshore and Harbor Workers’ Compensation Act (LWHCA), a federal statute that provides compensation for medical costs, lost income, rehabilitation, and other related expenses incurred as a result of an injury, as well as survivor benefits if the injury results in the worker’s death.

This covers port construction employees, shipbuilders, and dock workers who sustained injuries in the port’s wharf area. The LWHCA’s requirements differ from typical worker’s compensation laws, although they usually offer more money.

Present a case for carelessness

If an injury happens, it is crucial to get in touch with a marine injury attorney right away since, in some ways, maritime workers have a better system available to them than worker comp. With the safety net of worker comp, employees can easily rely on the Jones Act’s provisions for compensation.

By relying on the Jones Act’s provisions, maritime workers can pursue negligence claims that go beyond routine maintenance and address specific types of injuries. These claims can result in a larger settlement when the worker files a negligence claim because the worker only needs to demonstrate that the employer’s negligence caused the injury in some way—that is, that the worker’s negligence did not cause the injury itself, or that it was only a minor contributing factor.

Employers are expected to build and maintain ships to code, repair as needed, and provide a safe working environment. “Reasonable care” must be exercised. Employers may argue that marine workers must accept the substantial inherent risks of working on a seagoing vessel, but this does not absolve the employer or shipowner from liability when something goes wrong.

Negligence is more than how the ship is maintained; sometimes, decisions that place employees in unnecessary danger must be answered. Examples of actions that could be deemed negligent include:

• Forcing employees to work in hazardous sea conditions.
• Disregarding safety protocols.
• Assigning tasks for which they are untrained.
• Departing from standard procedures regarding seagoing cargo.

Marine Injury Case Types

Maritime Law Firm in Houston

While most landowners know their perils and have taken various steps to mitigate the risks, accidents happen, and marine personnel are subjected to scenarios that throw them into panic and despair.

The following are some of the most frequent incidents that result in injuries to marine workers:

• In damp weather, slippage can happen on decks, ladders, and crew quarters. Slips and falls are unquestionably the most common cause of injury claims.
• Bumps and Collisions: Workers may be bumped by swinging booms, cranes, dolls, carts, machines, and hazardous materials.
• Accidents Associated with Lifting and Carrying: – Even in the best of circumstances, lifting large weights can be dangerous due to a sloping deck and choppy waves.
• Illness: Not all claims are related to physical harm. In certain cases, crew members become ill due to poor food preparation and unsanitary circumstances.

A transport helicopter may be needed in an emergency, but weather and sea conditions may affect whether a helicopter can be sent out. When the ship is at sea, the injured worker’s only medical option is the medical staff on the ship, also known as the infirmary or sick bay. This can be a real asset or pose a real risk if personnel are inadequately trained.

Maritime Claim Submission: Best Practices and Mistakes

It’s hard to keep something like this a secret, but regardless of the extent of the injury or how it happened, you need to keep track of the facts because, in the end, you are the one who has to document what happened directly. An injury at sea is virtually always breaking news around the ship.

The management will naturally want to speak with you as soon as they learn about your injury. The management may not require you to make a recorded statement during the process, so be extremely cautious about what you say. It would help if you protected your interests, not be disrespectful or uncooperative.

If you choose to contact a maritime lawyer and submit a claim, the money you will receive will depend directly on how careless the shipowner or employer has been. Insurance company adjusters and their attorneys are skilled negotiators, so anything you say before the court can be manipulated and used against you. Don’t try to outwit an accomplished professional!

Without first speaking with a maritime attorney, never sign any papers, accept any settlement offer, or make any statements.

Ways to File a Maritime Claim and What to Do

But things work out differently when you complete the accident report as part of the claims procedure. First of all, you are in charge. You have time to think over your responses and distinctly establish the facts without feeling pressured to provide a response to a difficult issue.

Find out the names of coworkers, witnesses, or potential hazards who may have seen the event and helped cause your injuries.

Make quick contact with Daniel Patrick Law in Houston, Texas. They will look into your case, help you with the accident report, and help you create a summary of the incident. They will also help you determine how much compensation you might be entitled to based on the confidential information you provide.

With the Hiring of a Marine Attorney, Things Change

Because of Houston’s high commercial density, especially about the maritime industry, word spreads swiftly throughout the region. For example, when one Houston-area company faces legal action in a marine accident lawsuit, other businesses in the area take notice.

The truth is that, in most cases involving marine injuries, neither party wants the case to go to court. When a maritime lawyer takes a case on behalf of the injured person, the other side frequently decides it would be better to settle out of court.

Fear tactics work less and less; they will usually leave you alone and deal with your attorney directly. The first “sign here and we’ll work with it” proposition is often retracted and replaced with something more substantial and fair.

Avoid attempting to file a claim for yourself if you have been injured at sea. The laws about maritime accidents are very different from the laws you may know, and they are constantly changing. The Jones Act and the Merchant Marine Act have been amended multiple times since they were first passed, and there are currently calls for more amendments or even their repeal.

FAQ about Marine Law

Numerous occupations fall under the term “marine employment,” defined by the Jones Act, which entitles workers to maintenance and treatment and the ability to file claims for negligence in the event of an injury.

• commander of a vessel
• a ship’s crew includes officers, engineers, pilots, and deckhands.
  anglers
• barge employee
• business diver
• crew on a cruise ship
• Workers in offshore oil fields (under specific circumstances; see below)

Nevertheless, suppose you are hurt while working as a longshoreman, shipbuilder, or in any other job that does not fall under the legal definition of a sailor. You must refer to the Longshore and Harbor Workers’ Compensation Act in that case. Maritime work also happens in areas adjacent to navigable waters, such as ports, harbors, shipyards, etc.

Why Do Marines Get Injured?

Any harm done to an individual operating on or near the United States’ navigable waterways is considered a marine injury. A variety of circumstances might result in a marine injury, such as:

• trips across wet surfaces and falls
• being struck by booms, swinging yards, and other machinery and apparatus
• injuries from lifting heavy cables to the shoulders, back, and extremities
• hefty machinery and loads crashing on employees
• blast and flames
• crane collapsed
• asphyxia in confined areas
• Water-falling sailors
• exposure to hazardous substances and materials

These and other mishaps can happen on oil rigs, seagoing ships, ports, and other locations where seafaring is done. While workers in the maritime industry are entitled to compensation for work-related injuries, the procedure for filing a claim differs from that of landlocked businesses.

How should a maritime mishap be handled?

Being hurt at sea aboard a ship is one of the most challenging circumstances one may encounter. You must do more than just phone 911 and hope for help to arrive.

If a sailor sustains an injury while at sea, they should take the following actions:

Get medical attention while working on board. Individuals working on smaller ships might have to make do with first aid, while larger ships might have a medical officer or doctor on board who can treat them.

In most cases, non-life-threatening injuries can be treated in a hospital upon the ship’s return to port; however, in dire circumstances, the U.S. Coast Guard can assist in transferring a badly injured employee while the ship is at sea. If an emergency arises, radio the Coast Guard.

You have seven days by law to report a marine accident in which you were hurt; in most cases, notifying a supervisor or the vessel’s captain fulfills the reporting obligation. Report the injury to your employer.

Keep everything in order. Save all correspondence with your employer, medical records and bills, and other records about the accident and your injuries.

Speak with a marine injury lawyer as soon as possible after a marine accident. Insurance companies and employers frequently attempt to coerce injured workers into signing documents not in their best interests. An experienced attorney can protect your rights and fight for the compensation you are entitled to.

If you fall under the Longshore and Harbor Workers’ Compensation Act, many of the same procedures apply (most notably, the significance of seeking immediate medical attention and legal counsel). The main distinction is that employees covered by the Act have thirty days, instead of seven, to report an injury; nonetheless, you should notify your employer as soon as possible.

What is the role of a marine lawyer?

Maritime attorneys must comprehensively understand the Merchant Marine Act of 1920 (also referred to as the Jones Act), the Longshore and Harbor Workers’ Compensation Act, and other laws to represent clients effectively. Maritime law, also known as admiralty law, is a complicated field encompassing numerous federal regulations and state and local laws.

Workers who claim a work-related injury without the support of a maritime attorney may find themselves in a precarious legal situation.

• Look into the details of your case to see what legal choices you have.
• Look into the mishap and gather proof on your behalf.
• Consult knowledgeable witnesses
• Reaching a fair settlement with your insurance provider and employer, should a settlement not be achieved, file a lawsuit in the proper court, putting together your case for trial, including the court filings and motions.
• Putting forth a court case

Working with an attorney knowledgeable in maritime law and with experience representing you in a court that many lawyers never see is crucial because most maritime claims are heard in federal district court, which is governed by different rules and procedures than cases handled at the county or state level.

For more than two decades, marine lawyer Patrick Daniels has represented clients in Texas, Mississippi, and other Gulf Coast states in these types of matters. He is well-known for his commitment to and success in the field of maritime law, which has led to numerous high-profile cases.

Navigational Waters in Marine Injury Claims: What Are They?

The term “water that is subject to tidal ebb and flow” and used “for the transportation of interstate or foreign commerce” is defined by federal law as navigable water. Although the definition specifically refers to offshore areas like the Gulf of Mexico, it can also refer to rivers, lakes, and other bodies of water used or used for interstate commerce.

Suppose you are hurt while working on a canal that does not meet navigability rules. In that case, your options may be restricted to submitting a workers’ compensation claim at the state level or pursuing legal action against the negligent third party (if available). Therefore, the location of the accident is crucial.

What kind of damages are permitted if a Marine crew member is injured?

As a result of the Jones Act, sailors who sustain work-related injuries are automatically entitled to maintenance and treatment. “Maintenance” refers to payment for daily living expenses, while “treatment” refers to the cost of medical care for injuries sustained in the accident. Benefits are paid out until the maximum medical improvement (as determined by a physician) is reached.

The employer pays maintenance and treatment benefits without blame, so you do not have to prove negligence to begin receiving benefits; nevertheless, to recover extra damages, you must demonstrate fault on the part of another party.

Injured workers may be entitled to compensation for all damages resulting from a maritime accident if their employer’s negligence caused their injuries. Suppose you can demonstrate that your employer engaged in misconduct (e.g., failing to maintain the ship, providing insufficient training for the crew, etc.). In that case, you may be eligible for compensation for the following damages:

• present-day and foreseeable medical costs
• lost income
• reduction in earning capacity
• out-of-pocket costs associated with a maritime injury
• agony and distress
• invalidity
• Deformity and scarring
• loss of life’s enjoyment

With benefits limited to medical bills, rehabilitation, and disability payments and typically prohibiting injured workers from suing their employers, the Longshore and Harbor Workers Compensation Act (LHWCA) is more akin to a traditional workers’ compensation scheme.

What is the duration of a maritime trial?

No two marine injury claims are the same. If you file a negligence lawsuit, the resolution process may take several months to over a year. If the case is heard, the resolution process will take even longer.

The concept of “seaworthiness” is rather uncommon. Almost any hazardous condition can disqualify a ship from being covered by a maritime accident lawsuit.

Abrupt defense by marine companies and their insurers is likely, as workers frequently have sufficient grounds to file a negligence lawsuit and obtain sufficient compensation if the claim is successful. They may contend that you caused the accident or exaggerate the damages in your claim.

If you are a worker recovering from a catastrophic injury, these and other strategies may seem like never-ending delays. But you must be patient; a successful outcome can mean the difference between not having the compensation you need to move on with your life and not being ready to deal with the burden of your injury down the road.

Does marine law apply to accidents that occur offshore?

If you are hurt at work, you have two options for legal action if you work in the offshore oil business. What kind of claim you should file depends on the accident’s location and the nature of your work.

You most likely meet the requirements to be considered a Jones Act seaman if you work on a jackup rig, platform supply ship, or any other vessel traveling offshore navigable waters. If the ship you were working on during the accident was not seaworthy, you may also be able to pursue additional compensation in addition to maintenance and cure.

In an accident, however, you will not meet the “in navigation” requirement to bring a claim under the Jones Act if you work on a deepwater drilling platform or any other permanent offshore structure; instead, the Longshore and Harbor Workers Compensation Act will probably apply.

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