"offshore Accident Compensation: Maximizing Recovery With Maritime Law Attorneys"
"offshore Accident Compensation: Maximizing Recovery With Maritime Law Attorneys" - Maritime workers come face to face with many dangers when working at sea and face high risk situations every day. Whether you work on an oil rig, cargo ship, or cruise ship, you are exposed to many hazards, including environmental hazards, improper safety equipment, and chemical exposure. If you suffer a maritime injury, you may be entitled to recover damages under Texas maritime laws.
Maritime law in the United States protects offshore workers and provides avenues to recover compensation for personal injuries suffered at sea. However, maritime law is complex, and injured maritime workers are often unsure which maritime laws apply to their case and how to file a worker's compensation claim.
"offshore Accident Compensation: Maximizing Recovery With Maritime Law Attorneys"
If you are a Texas citizen who has suffered maritime injuries and want to seek compensation for your harm, you should seek legal advice from an experienced maritime lawyer. At Houston Injury Lawyers PLLC, our lawyers have helped many injured workers file personal injury claims under maritime law. Our law firm specializes in helping clients recover compensation for personal injuries and we will fight tirelessly to help ensure that your legal rights are protected in Houston.
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Our lawyers could help guide you through the maritime law process, deal with any legal issues you may have, and ensure you recover maximum compensation for your personal injuries. We offer a free consultation for you to come in and discuss your case with no strings attached.
Maritime law deals with accidents and injuries that occur on “navigable waters”, such as oil platform accidents, dredging accidents, and accidents on cruise ships. The definition of navigable waters is not always clear. However, it is generally understood to mean waters that flow between more than one state or country and that allow trade between these states and countries. This definition also includes bodies of water, such as rivers, which are part of larger navigable waters, such as an ocean.
Previously, maritime law, sometimes referred to as admiralty law, only applied to the 'high seas', which is any body of water beyond a country's territorial waters. However, it has now extended its jurisdiction and allows workers in the maritime industry working within the territorial waters of a country or state to claim compensation for any accidents or injuries.
Maritime law is governed by federal law rather than state laws, as provided under Article III Section 2 of the United States Constitution. This means that the federal court has jurisdiction over marine injury and compensation claims. If a body of water is landlocked, such as a lake or inland water, it will be governed by state law.
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The purpose of maritime law is to protect workers and employers within the maritime industry and to provide fair remedies for compensation in the event of an accident at sea. As such, the laws and actions within this area of law will apply when an injured worker seeks to recover compensation for any injuries and damages they have suffered in an accident.
As maritime law is primarily governed by federal law, the federal courts have jurisdiction over all matters that occur at sea. This means that federal courts must adhere to federal maritime statutes and laws in relation to personal injury and damages. However, there may sometimes be situations that are not governed by federal maritime laws and may allow an individual to pursue remedies under Texas law in state court.
An experienced maritime lawyer from our firm can help you understand the intricacies of maritime laws and help you file a personal injury claim or a Jones Act claim in state court in Houston, Texas or in Federal court, respectively.
Maritime law is one of the oldest bodies of law we have in the United States. As such, there are many different principles and actions that have been in practice for many years. Typically, an injured seaman can bring a maritime injury action under one of the many acts of admiralty law or under general maritime principles.
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The Jones Act or Merchant Marine Act allows injured seafarers to file a personal injury claim against their employer for any injuries sustained while working at sea. In order to have a successful claim under this act, the employee must prove that their injury was caused in whole or in part by their employer's negligence. The burden of proof for claims under this act is lower than normal personal injury cases, and you can make a claim for lost wages, medical treatment, and pain and suffering, such as emotional distress.
The Jones Act has a three-year statute of limitations, so all claims must be brought within this time frame. The amount of compensation you can recover under this act depends on the harm you suffered and the level of your employer's negligence.
Under the Death on the High Seas Act, family members can bring wrongful death claims for an accident caused by a "wrongful act, negligence, or defect occurring on the high seas" that resulted in death. The compensation that can be recovered under this act only includes financial compensation, such as family support. A family will not be able to recover medical costs and funeral expenses under this act.
The statute of limitations for this act is three years, so families must file a claim within this period to recover wrongful death compensation.
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The Harbor and Shore Workers' Compensation Act (LHWCA) provides a worker's compensation program for all workers who are injured at sea. This act applies not only to seafarers but extends jurisdiction to other types of workers such as longshoremen, ship breakers, dock workers, and harbor workers. As such, it extends the jurisdiction of the Jones Act, which applies only to seafarers.
The type of compensation that workers are entitled to under this act includes medical bills, 66% of their wages during their recovery, or loss of earning capacity if they become permanently disabled. If a worker were to die at sea, the surviving spouse may be entitled to 50% of their wages.
The Outer Continental Shelf Lands Act extends the jurisdiction of the LHWCA to all workers on the US Outer Continental Shelf. Some areas included in the Outer Continental Shelf include the Gulf of Mexico, the US Pacific coast, and the US Atlantic coast.
Most jobs on the Outer Continental Shelf involve exploring, accessing, or developing natural resources, such as work on oil rigs. Under this act, workers who are injured on oil rigs or on structures within the Outer Continental Shelf of the United States may be entitled to claim medical expenses and lost income. Government employees, whether of the US government, federal government, or state government, are exempt from filing a claim under this act.
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The purpose of the Limitation of Liability Act is to allow boat owners to limit their liability in the event of an accident or injury caused by their vessel. Boat or ship owners will often bring a claim under this act when an accident or injury occurs on their ship, and the amount of compensation the victim can recover will often be much lower. This act can be used by all types of boat owners including ship owners, cruisers, or recreational watercraft owners.
There have been many famous cases where the Limitation of Liability Act has been used by boat owners to limit their liability for serious injury and even death on their ships, such as The Titanic and SS El Faro. In all cases brought under the act, the owner of the ship is required to prove that he did not know of any problems relating to his ship before the accident occurred. If they can successfully prove this to a judge, victims can get much less compensation for any harm they suffered.
In order to bring a claim against boat owners who are trying to reduce their liability under this act, a lawyer must show that the boat owner had knowledge of damage or problems with their boat before the accident that caused your injuries.
Under general maritime law, seafarers are entitled to general maintenance and redress for any injuries sustained while at work. Maintenance and recovery benefits are no-fault, meaning that injured crew members and workers do not need to prove that their injury was caused by the fault of their employer or the shipowner.
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Maintenance benefits seek to cover general living expenses that an injured seafarer may not be able to cover due to their injuries, such as their mortgage and utilities. Cure benefits will often be provided to injured seafarers for medical bills which may include hospital costs, appointment bills, and any other costs associated with medical care. Once you are able to return to work or have reached maximum medical improvement, your maintenance and recovery benefits will be cut off.
If you suffered a maritime injury and had to receive medical care as a result, it is important that you recover compensation to cover any medical expenses you incurred. As previously discussed, your employer has a duty to provide
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