Injured Seafarers Can Turn to Us Anywhere in the U.S. Locations in both Texas and Louisiana.
Here the full details you should know about Houston Maritime Attorneys: Seafarers, like workers in any other profession, are vulnerable to accidents while on the clock. The courts are aware of this and strive tirelessly to ensure that injured sailors are protected under general maritime law. Workers injured while working offshore or in the marine business have the right to seek compensation under maritime law in the event that they incur any medical expenses as a result of their injuries. Maritime law is based on the following statutes:
- Jones Act
- Death on the High Seas Act
- Limitation of Liability Act
- Longshoreman & Harbor Workers Compensation Act
Seamen’s injuries are governed by general maritime law. Before digging into the subsequent acts, it is vital to have a thorough understanding of the general law.
How to Choose the Right Maritime Injury Attorney
Maritime law is notoriously intricate. Although these statutes were enacted to safeguard the interests of wounded or ill maritime workers, they can be complex. This is why it’s so important to hire a lawyer with experience in the relevant field. Choosing a maritime lawyer with experience is crucial. You should ask a potential lawyer how many marine cases they have tried before making a decision. Do not settle for an attorney who avoids answering your questions directly; instead, get one who will respond in a straightforward manner.
The Basics of Maritime Law
General maritime law and federal acts both contribute to what is known as “maritime law.” In cases involving ships and their passengers or crew, these sources explain some of the nautical concepts that are typically applied.
Maritime law lays out many of the fundamental legal principles that pertain to the sea and sailors, such as:
- Seaman’s Right to Maintenance & Cure: A sailor is entitled to maintenance and cure, or medical benefits, until he or she is healthy enough to return to work. However, there is a cap on compensation that takes into account medical progress made. The costs of keeping a sailor alive and well include his or her mortgage or rent, as well as food, utilities, taxes, and insurance. Like workers’ compensation benefits, Cure pays for an employee’s medical care for an on-the-job injury. A sailor is a person who works on a ship, either as a captain or a crew member. Maintenance and cure is comparable to workers’ compensation in that the employer is responsible for medical expenses regardless of who was at fault for the injury.
- The Jones Act: The Jones Act is a federal statute that provides injured seafarers with the legal recourse to file a lawsuit against their employer. However, the Jones Act only covers seamen who spend at least 30 percent of their time working on a vessel. The Jones Act not only gives injured seamen the legal recourse to sue their employers, but it also lowers the bar for doing so by requiring only that the seaman show that their employers’ negligence was a contributory rather than a proximate cause of their injuries. The Federal Employment Liability Act is mirrored in the Jones Act. Claims brought under the Jones Act in a state court cannot be removed to a federal court.
- The Death on the High Seas Act:The DOHSA ensures that a personal representative of the decedent can file a claim when the decedent’s death is the result of wrongful conduct or neglect on the high seas.
- The Saving to Suitors Clause: Absent express opposing language in a statutory provision, such as the Jones Act, federal law maintains exclusive jurisdiction for admiralty and maritime issues in the federal district courts. A person’s non-admiralty remedies are reserved under the “saving to suitors” provision. A claim brought against a ship is an example of a claim that can be resolved by admiralty.
- The Longshore and Harbor Worker’s Compensation Act: Employees who operate in harbours or on vessels in the process of repair or construction but who are not technically considered “seamen” are afforded certain protections under federal law. Workers who repair ships, construct new ships, dismantle old ships, or create harbours are all protected by this regulation. Injuries must happen on or near the water, like a dock. Compensation, medical care, and death benefits are all guaranteed under this statute for workers who are hurt on the job. The LHWCA is applicable to workers doing offshore drilling on the Outer Continental Shelf because to the Outer Continental Shelf Lands Act.
- EXPERIENCED HOUSTON MARITIME LAWYER: Complete Information Explained
- New York Construction Accident Lawyer: get Full details
- California Car Accident Lawyer
know the History of Admiralty & Maritime Law
Accidents that occur on international waters are governed by maritime law, often known as admiralty law, which is nearly as old as the shipping industry itself. The unwritten norms of Egyptian and Greek sailors are the inspiration for this legislation. Rhodes, a Greek island, however, developed the first official codes in 900 BC. Ancient marine conventions and rules served as the basis for the development of modern maritime law and code.
For instance, the early Rhodian shipping customs can be traced back to the Doctrine of General Average, which states that all parties involved in a sea cargo transaction (owner, shipper, etc.) equally share any damage or losses that may occur as a result of a voluntary sacrifice of part of the vessel or cargo to save the whole.
Eleanor of Aquitaine, when on the Second Crusade with her first husband, King Louis VII of France, brought back the idea of a separate judicial body managing marine matters to the West. The phrase “admiralty law” originated with the British admiralty courts, which handled marine cases independently from the common law courts in England. After the Constitution was enacted, the United States eventually adopted the revised admiralty laws as part of our legal system because they were based on the British system.
When Does Maritime Law Apply? here are the details
Perhaps most obviously, maritime law governs situations that take place on the high seas, i.e., mishaps that take place outside the borders of any nation. In addition, the seas within a 12-mile arc from the coast are considered part of the territorial sea and are thus subject to maritime law. The law’s applicability, however, gets murkier the further inland one travels. There was a moment in early American history when the Great Lakes and other nontidal inland rivers were not covered by maritime law. However, barriers to participation began to crumble over the nineteenth century.
The application of maritime law to “navigable waters” is currently the norm.
When used alone or in conjunction with other bodies of water, a canal is considered navigable if it can function as a “continued highway over which commerce is or may be carried on with other States or foreign countries.” Therefore, for the purposes of admiralty jurisdiction, a body of water is not considered navigable if it is totally landlocked inside a single state. But a river or other body of water doesn’t have to cross state lines in order to be considered navigable. It is possible to classify a body of water as navigable if it is part of a network of waterways that can be used to support cross-border trade. One final criterion is whether or not goods and services from one state can be transported to consumers in another state or even another nation. Once this threshold is crossed, it is likely that maritime law will apply, even if the vessel is being used for recreational purposes.
Jurisdiction in Maritime Law Cases
In the U.S., jurisdiction over admiralty law disputes was originally granted to the federal courts. In modern times, however, the Saving to Suitors Clause in Section 1333 of Title 28 of the United States Code allows both state and federal courts to hear most admiralty cases. Any dispute concerning maritime property, however, must be heard in a federal court. When a state court has jurisdiction over an admiralty case, that court must follow the rules of admiralty law.
Maritime Law as It Applies to Employers
The law of the sea requires ship owners to keep their vessels in a specific condition. Owners and employers have a responsibility to ensure that their ships are maintained in a way that keeps everyone on board safe. The owner of a ship is legally responsible for crewing, equipping, and provisioning the ship. Therefore, the owner will be responsible for any damages sustained by the crew in the event of an illness or injury sustained by crew members as a result of the ship’s unseaworthiness.
How Does Maritime Law Provide for Hurt Workers? know aboout it
Injured sailors would have to bear the burden of their injuries on their own in the absence of maritime law. If a crew member becomes hurt or sick while on the ship, the owner is responsible for covering medical costs. Maintenance and cure is the term used to describe the employer’s obligation to pay for the seaman’s medical care until the seaman is fully recovered. The court regards this duty as an unambiguous obligation that the shipowner owes to any crewmember. If a sailor is sick or hurt at sea, they can sue for their lost wages from the entire voyage. A seaman’s ability to collect unpaid wages may be limited by the terms of his or her work contract.
Why You Need a Texas Maritime Accident Lawyer
Attorneys specialising in marine law are available in Houston to assist clients in obtaining the compensation they need to deal with the long-term consequences of injuries sustained while working on ships or docks. That includes mishaps that happen in harbours or on docks, which are considered part of the “navigable waters” category along with the ocean and rivers.
Our marine law firm has helped those who were hurt in:
- Jack-up rig accidents
- Tugboat and barge accidents
- Deck accidents
- Commercial fishing accidents
- Falls overboard
- Cargo ship accidents
- Dredge accidents
- Oil platform accidents
- Shipyard accidents
- Cruise ship accidents
One defining feature of marine disasters is their catastrophic nature. Explosions on oil rigs are costly, ship crashes are often fatal, and working conditions on oil platforms aren’t always fair. Whether their client has been injured in a catastrophic explosion or due to unsafe working conditions, maritime lawyers will fight for the compensation their client is entitled to get. Compared to other firms, our marine attorneys represented the largest number of Deepwater Horizon and El Faro crew members. We are well-versed in marine legislation and familiar with maritime employers’ norms and customs. Get in touch with us to talk about what happened and go over your resources and legal choices.
Understanding Maritime Injuries to get best Houston Maritime Attorneys
In 2013, the Centres for Disease Control produced a report evaluating fatal maritime injuries from 2003 to 2010. Workers in the offshore oil and gas industry have seven times the death rate of those in other industries, according to the study.
Maritime accidents occur in a variety of industries, not just the oil and gas one.
Maritime workers and passengers are always at risk, and it is the responsibility of ship owners and operators to ensure their safety.
Injuries that occur at sea are the responsibility of the ship’s captain. Owners and employers have a responsibility to their crews to ensure that they have access to adequate safety training and that their vessels are seaworthy. This is the case even when severe weather occurs, such as during a hurricane or a tropical storm. Capsizing or sinking in rough waves is not acceptable if the owner was aware of the storm and did nothing to evacuate the crew or take preventative measures.
Employers and ship owners are liable for ensuring the following conditions:
- Safety training
- Safety equipment
- Vessel maintenance
- Safe work practices
The Jones Act provides a path to compensation for offshore workers who suffer accidents while on the job.
Recovering Full Costs for Maritime & Offshore Accidents with trust
Costs can pile up quickly for injured sailors after a major incident. These do not only have an immediate impact but might harm people for years. The inability to work, the resulting high costs, and the resulting agony and suffering are usually the first things that come to mind when thinking about the immediate impacts of an injury or sickness. The future price tag of fixing things up is usually understood as well. However, it is not always simple to predict how much an injury may cost in the long run. The aftereffects may be so severe that the affected person needs ongoing medical care or dies as a result. It is vital that the wounded person and their family receive fair compensation for the harm they have suffered under maritime law.
The potential expenses associated with a maritime worker’s injury or death include the following:
- Long-term rehabilitation
- In-home care
- Lost wages and earning capacity
- Emotional and financial counseling
- Vocational rehabilitation
Catastrophic Maritime Injuries, know about it
Injuries sustained in an offshore accident can sometimes be so severe as to alter a person’s life forever. The medical and legal communities have a term for these types of injuries because of how well-known they are: catastrophic injuries. The effects of this kind of offshore injury are likely to last a person’s entire lifetime. Some injuries render a person permanently unable to perform their previous line of work and so prevent them from supporting themselves financially. In other words, the severity of one’s injuries affects every facet of one’s life.
Some examples of life-altering injuries sustained on ships are:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Burn injuries
- Crush injuries
These injuries sustained at sea frequently necessitate ongoing medical treatment throughout the patient’s whole life. Workers who are injured on the job through no fault of their own should receive financial support to cover the costs of medical treatment designed to ease their pain.
Maritime Burn Injuries
In the event of a marine catastrophe, burn injuries are among the worst that can happen. If you or a loved one suffered burns in a marine disaster, don’t hesitate to get in touch with a highly regarded Houston maritime burn injury attorney. Arnold & Itkin has assisted numerous injured sailors in asserting their legal rights, including those who have suffered severe burns while working offshore. Fires are a known risk in most offshore environments, and marine workers with experience realise this. Accidents like these might cause serious burns to victims.
Offshore, the following are common contributors to burn injuries:
- Contact with Hazardous Chemicals: Burns can be severe from highly flammable compounds.
- Electrical Accidents:Accidental or careless use of electrical appliances also poses a fire risk.
- Engine Room Fires: Explosions and fires can result from problems in the engine room.r fire.
- Equipment Malfunctions: Fires might start because of dangerous or faulty machinery.
- Explosions: It’s because of the ship’s flammable paint or any other combustible component.
Types of Burn Injuries a Maritime Worker Can Experience
Depending on the extent, burns can be mild, moderate, or severe. Extreme heat, electricity, chemicals, radiation, and friction are all potential sources of burn injuries. Any of these can be a potential burn danger on ships or offshore platforms.
From very minor burns to catastrophic burns, the spectrum of outcomes is wide.
- First-Degree Burns: A little surface burn like this may not require professional medical attention.
- Second-Degree Burns: This is a more serious burn, one that could result in blisters and even go deeper into the skin.
- Third & Fourth-Degree Burns: Deep tissue burns are the worst kind because they damage every layer of tissue beneath the skin. Structures including blood vessels, sweat glands, hair follicles, and nerve endings can all be found in this layer. These burns are far more serious and will take longer to heal.
Serious Burn Injury Complications
- Hypothermia caused by the loss of body heat because of the skin’s injury. due to the damaged skin.
- Hypovolemia when blood vessels get injured and you start losing blood and other fluids. blood and other fluids.
- Infections that happen because the damaged skin has taken away the protective layers.
- Building up scar tissue can lead to problems with the joints.
- Sepsis is a disease that can be caused by an infection and can kill you.
Maritime Brain Injuries
Head injuries are common in the maritime business. Depending on how bad the injury is, the person may need to get treatment for the rest of their lives. It may seem like injuries could not have been avoided in many situations, but many brain injury events could have been avoided by taking the right steps. That sounds like something you might be able to make a claim for.
Here are some of the most common reasons why people get brain injuries:
- Broken equipment
- Conveyor belt accidents
- Crane and cargo accidents
- Improper safety guidelines/training
- Improperly stored equipment
- Lack of safety equipment
- Poor ship maintenance
- Slip and fall accidents
- 18 wheeler accident lawyer san antonio: Here Is The full details
- EXPERIENCED HOUSTON MARITIME LAWYER: Complete Information Explained
- New York Construction Accident Lawyer: get Full details
Brain Injuries: What They Are and How They Present
A closed head injury or an open head injury is the two types of head injuries that marine workers can get. There is no break, fracture, or piercing of the brain in a closed head injury. If the brain is pierced or broken, this is called an open head injury. Even though open head injuries might look worse, closed head injuries are harder to spot and may need more care. Brain injuries often show these signs:
- Cognitive Damage – Forgetfulness and issues with focusing and paying attention.
- Sensory Symptoms – Loss of the ability to see, hear, taste, or smell….
- Physical Symptoms – symptoms such as convulsions, migraines, paralysis, sleeplessness, chronic discomfort, and linguistic barriers.ties.
- Behavioral/Emotional Symptoms –Mood swings, irritability, rage, and despair.
Brain injuries can have long-lasting effects on an employee’s personality and professional life. When an employee suffers a brain injury on the job due to the carelessness of their employer or a coworker, it is in everyone’s best interest for the responsible parties to pay for the damages caused.
Maritime Amputation Injuries
Although not all maritime accidents are caused by negligence, it is commonly the case with amputation. If an employer or vessel owner fails to maintain equipment, teach the crew, or create a safe work environment, it might cause significant injuries.
The following are some potential causes of such incidents:
- Unsecured cargo
- Navigation collisions
- Lack of safety and equipment training
- Defective and malfunctioning equipment
Properly functioning gear and tools are essential to the success of any enterprise. The burden of training employees on how to handle company machinery falls on management. If your employer failed to provide a safe working environment and you had an amputation as a result, he or she was negligent and should be held liable.
Amputating or treating a missing limb is a surgical procedure. Physical and mental rehabilitation after amputation surgery may be necessary for patients to adapt to their new normal. An wounded maritime worker may find it challenging to cover these expenses, especially if he or she has a family to support. In the wake of expensive medical procedures, our company often assists clients in reestablishing their financial footing. A marine amputation injury attorney should be contacted without delay.
here is, What Are Common Causes of Maritime Injuries?
Accidents that could have been avoided frequently lead to injuries among seafarers. Importantly, it is the responsibility of vessel owners and employers to safeguard employees from harm.
Most maritime accidents result from:
- Dangerous deck conditions
- Toxic exposure
- Explosions and fires
- Unseaworthy vessels
- Sailing in dangerous conditions
- Lack of safety training
- Enclosed spaces
- Falling objects
- Mechanical failures
- Slip and falls
Maritime Injuries: Do You Know Your Rights? get the details
Taking care of yourself after an accident is a priority, but it can be challenging to make sure you have all you need. As a result, you should bear a few potential vulnerabilities in mind.
- First, remember you have the legal right to chose your doctor. If your employer or insurer is pressuring you to use a specific medical facility or doctor, resist the urge to give in. Sometimes you’ll need to get checked out by the suggested physician, but that’s about it. Who you choose for treatment is up to you, and you should not be threatened by any employer or adjuster you may be working with in reference to your case.
- Two, you have the right to receive medical care. The Jones Act safeguards the supply of medical benefits, so wounded workers may rest easy knowing they will be rewarded for their recuperation. This holds true despite the fact that blame for the collision may lie elsewhere. The Jones Act also shields injured sailors from conflicting medical assessments. As a result, if two doctors disagree about whether or not to provide therapy, the first doctor’s opinion will win out. Sadly, many injured sailors are no strangers to injury. But if an employee’s preexisting ailment worsens, the company must offer proper care. All that will be needed is an evidential declaration provided by your doctor on your behalf. Whether or whether you sign the papers that an insurance adjuster brings you, you are still legally entitled to benefits like medical coverage and monthly maintenance payments. It is in your best advantage to exercise caution around any paperwork presented to you by an insurance adjuster; they may not have your best interests at heart. As such, you should be wary to sign any papers under the condition that medical benefits and/or maintenance payments rely on a signature.
- Third, if you’ve been hurt in an accident, you don’t have to give a recorded statement. Reporting the occurrence as soon as possible is important, but it’s also important to keep in mind that many incidents can have a negative impact on a person’s memory and mental functioning, so it’s important to take that into account. Thus, it is imprudent to document an account of events that may require revision down the road, as doing so can be a challenging procedure.
Your rights may be violated at any stage of the legal process, from the time you first file a claim to the conclusion of the trial. Insurance firms and callous bosses don’t give a hoot about their damaged workers. Therefore, it is crucial to get the services of an attorney that actually cares about their clients.
What Should I Do After a Maritime Accident? here are the details
After a maritime incident, you must take the following five steps:
- Find a doctor and get checked out.
- You should let your employer know that you were hurt.
- Gather as much data as you can about your accident, including eyewitness accounts and location details.
- Don’t agree to anything, respond to any inquiries, or make any statements.
- Seek the advice of a maritime attorney immediately.
After any sort of marine mishap, you should see a lawyer to ensure your rights are being upheld. A lawyer will listen to your situation, ask you questions, and provide advice about your legal rights and options at no cost to you.
How come I need the assistance of a maritime injury attorney in Houston?
You should explore your claim with a qualified Texas maritime attorney even if you are not yet ready to file a lawsuit. In order to get unearned earnings, maintenance, or medical benefits, your employer may require you to sign an agreement or release. If you have suffered a maritime accident in Houston, you should have any paperwork you are asked to sign evaluated by an experienced lawyer before you put your name on it.
The most compelling argument for hiring legal counsel is that your employer or insurer is likely to have their own legal team working on their behalf. They want to settle your claim for as little as possible. Having a skilled lawyer on your side is your best shot at getting a fair shake from your corporation or the insurance provider. While your company, their insurer, and their lawyers are all used to dealing with injured employees, you are likely unfamiliar with the procedure. Having a team who routinely deals with issues under maritime law is crucial.
Get Help From a Reputable Texas Maritime Accident Lawyer Today
Your best course of action can be determined after a knowledgeable marine attorney examines the details of your case.
To accomplish so, they will look at the following:
- What kind of employee you were when you got hurt
- The safety of the ship you were maintaining
- The time limit for filing a claim
- Every other possible cause of your injury
A lawyer’s familiarity with dealing with offshore corporations is another advantage. When you’re by yourself, it’s easy to lose faith. After all, you’re just one person, and your company is likely an established organisation. There’s no reason you can’t have a similarly strong advocate on your side.
Our Texas Maritime Lawyers Can Help: Call (888) 493-1629!
At Arnold & Itkin, we’ve witnessed firsthand how common maritime injuries are, and not just in the Gulf of Mexico or in international waters. Because of this, we have not wavered in our dedication to assisting the families of workers who have been injured in obtaining fair recompense for their losses. We consider our work to be about more than just making a profit. We put in a lot of effort to make sure our clients are taken care of in every way possible, not just monetarily.
Our team is committed to assisting victims and their families in obtaining the financial compensation necessary to deal with immediate and long-term consequences of catastrophic injuries. Dallas, Baton Rouge, and the rest of the country are among the places we’ve helped. With our extensive background, we can take a fresh look at the situation and will fight to ensure that our clients get the money they need to cover the long-term expenses.
- Dallas Truck Accident Lawyers: Get Full Details Here
- 18 wheeler accident lawyer san antonio: Here Is The full details
- EXPERIENCED HOUSTON MARITIME LAWYER: Complete Information Explained