All you need to know about HOUSTON MARITIME LAWYER– Maritime mishaps, such as the Deepwater Horizon oil spill in 2010, can have devastating effects on both workers and the environment. U.S. maritime law provides for compensation for those who suffer harm as a result of naval incidents. When victims of marine accidents in Houston need assistance pursuing compensation, they turn to Johnson Garcia LLP.
Frequent Injuries at Sea and Their Root Causes
A marine accident or injury claim could involve an incident at a port, a shipyard, or sea. The maritime business is rife with dangerous jobs. Still, the majority of accidents and fatalities that occur result from preventable factors like lack of basic training, inadequate equipment, or neglect. However, the Jones Act and other admiralty rules typically cover worker injuries and deaths in similar situations.
Injuries among maritime personnel are widespread due to many factors, including but not limited to:
- Slip-and-fall accidents
- Tugboat and barge accidents
- Deck accidents
- Cargo ship accidents
- Fires and explosions due to blowouts
- Jack-up rig accidents
- Dredge accidents
- Oil platform accidents
- Shipyard accidents
- Cruise ship accidents
Workers in the maritime industry are vulnerable to harm or death from a variety of mishaps. If you were injured at work in Houston, you may be able to file a claim for damages if you consult with a skilled maritime lawyer, like those at Johnson Garcia LLP.
Houston’s Maritime Accident Types
Accidents and injuries on the job are relatively prevalent in the maritime business due to the hazardous nature of the employment. Injuries are possible in any position in this industry due to the inherent risks involved. In Houston, some of the most frequent marine accidents include:
- When transferring cargo or fishing equipment over the side of a ship, falling overboard is a real risk.
- Injuries sustained as a result of a tumble on a wet, crowded, or uneven surface.
- Long periods of time spent in confined quarters can cause asphyxiation and poisoning.
- Burns can be caused by coming into contact with something extremely hot, being electrocuted, or being exposed to harmful chemicals.
- Injuries to the back, neck, hips, and legs from doing the same thing over and over again.
- Dock and pier accidents can result in crushing or striking injuries.
- Accidents on the job can cause dislocations, broken bones, and even amputations.
With over 35 years in the industry, Johnson Garcia’s maritime attorneys in Houston are well-versed in the range of damage protected by admiralty law. Therefore, our legal team can educate you on your legal rights and alternatives following a marine accident and advise you on the benefits and compensation you may be entitled to after a work-related injury.
Compensation For Accident Victims in the Maritime Industry
Offshore workers who suffer injuries can sue their employers for negligence under the Jones Act. Regardless of responsibility, injured seafarers are also entitled to “maintenance and cure,” which provides financial and medical assistance to victims. The amount of compensation awarded to victims of maritime accidents varies from case to case.
Hospitalization costs, continuous medical care, physical therapy, counseling, lost wages from time away from work, housing costs, living expenses, insurance premiums, and groceries are all compensable damages. Victims can also seek compensation for intangible losses, including pain and suffering, mental and emotional agony, and diminished quality of life.
What Types of Cases Require Compliance with Maritime Law?
Maritime law, often known as admiralty law, is a body of regulations that regulates all aspects of marine transportation and commerce. Accidents at sea and injuries sustained on the job are two of the most prominent problems maritime law attempts to solve.
Our legal team at Johnson Garcia LLP is dedicated to standing behind victims of maritime accidents and fighting tirelessly on their behalf. Our team of highly trained naval injury attorneys thoroughly understands the Jones Act, the Death on the High Seas Act, the Saving to Suitors Clause, the Longshore and Harbor Workers’ Compensation Act, and any other maritime law that may apply to your case.
The following are some of the legal principles that our Houston law office may help you with regarding accidents and injuries suffered by maritime workers:
If a competent sailor is injured on the job, they can file a claim against their employer for compensation under the Jones Act. Employers in the maritime sector are obligated by federal law to provide their staff with a workplace that meets minimum safety standards. Such workers can sue their employers for carelessness under this law.
An employee must prove that their employer was negligent in collecting damages in case responsibility is at issue. By showing the following components of carelessness, Houston maritime lawyers like those at Johnson Garcia LLP can help injured naval workers collect compensation:
- An obligation that the law placed on the employer.
- This obligation not being met by the employer.
- The worker lost money and got hurt on the job.
- Cause and effect: Evidence indicating the employee’s damage was brought on by the employer’s carelessness.
Maintenance and Cure
Injured seamen or maritime workers are entitled to compensation for medical expenses and lost wages under maritime law’s maintenance and cure concept. Employers and ship owners in the marine industry must “cure,” which implies they must cover their employees’ reasonable medical expenses without cost to them until the employee reaches maximum medical improvement.
Maintenance benefits are available to offshore workers who have sustained injuries. The company should cover expenses like rent or mortgage payments, groceries, property taxes, homeowner’s insurance, and utility bills while their employees are on the mend. When an injured marine worker in Houston needs help getting maintenance and cure benefits, the attorneys at Johnson Garcia LLP will work with the worker’s doctors to establish when the worker has reached maximum medical improvement.
Maritime Decease and Mortality Act
While most maritime and offshore incidents only cause serious injuries, some are fatal. Offshore workers and travelers who perish at sea are protected by the Death on High Seas Act (DOHSA).
- Off the coast of the United States by more than three miles
- A commercial airliner more than 13 km (8.7 mi) from the coast of the United States.
Through the Death on the High Seas Act provisions, Johnson Garcia LLP can assist family members or a family representative in filing a maritime case for the Death of a loved one. Our Houston naval attorneys are committed to helping families of maritime workers who have lost a loved one obtain just compensation by proving that their Death resulted from negligence, wrongdoing, or a default event at sea.
The Decedents of Offshore Workers Survival Act (DOHSA) provides several avenues for redress for the survivors of a deceased offshore worker. Typical compensation for such families includes:
- Funeral expenses
- Loss of financial support
- Counseling expenses
- Other financial costs arising from the death of their loved one
Protection for Successors to a Business
At first, federal courts had jurisdiction over maritime cases because of the U.S. Constitution. In circumstances of minor personal damage, however, parties like offshore workers can pursue legal remedies in state court because of the Saving to Suitors Clause introduced by federal legislation. Federal courts are the only ones that can hear lawsuits involving personal harm or wrongful death or those in which the vessel is being sued.
The result of your marine injury claim depends heavily on your decision of whether to file in state or federal court. Only qualified marine attorneys know the federal and state statutes that may be relevant to a maritime injury case. In this way, they can assist you in obtaining the appropriate compensation for your marine accident.
Compensation for Longshore and Harbor Workers Act
Workers in U.S. navigable waters are protected by the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides compensation for lost wages, medical care, and vocational rehabilitation in the event of a work-related disability.
If an employee passes away due to an occupational illness or accident, their survivors can receive compensation under federal law. LHWCA benefits are not available to maritime workers unless they meet the following criteria:
- They have suffered an injury or illness on the job and are eligible for benefits under the LHWCA.
- They have lost a spouse or partner due to an occupational disease or accident.
Advantages of Hiring Johnson Garcia LLP’s HOUSTON MARITIME LAWYER
Offshore disaster victims who use the services of Johnson Garcia LLP benefit from the firm’s partners’ 35+ years of combined legal and maritime experience. When you choose our Houston maritime lawyers, you’ll enjoy many advantages.
Solid Background Handling Maritime Law and Offshore Accident Cases
After many years practicing law, we have successfully represented clients in hundreds of Jones Act lawsuits, resulting in financial compensation for victims’ medical bills and other losses.
Providing Reliable Legal Advice and Personal Concern
Their Houston maritime injury attorneys are committed to standing by our clients as they face some of the most challenging moments after suffering injuries at sea.
Expertise in the inner workings of your company’s legal defense
Having defended considerable energy, drilling rig contractors, and oil field service organizations in comparable instances, our Houston maritime lawyers are well-prepared for opposing arguments.
There Is A Long History of Success in Court
They’ve successfully recovered more than $100,000,000 for their clients.
The Importance of Hiring a Houston Maritime Injury Lawyers
Suppose you are an offshore worker who has been hurt while on your employer’s vessel; you should contact an experienced maritime attorney in Houston to assist you in getting compensation for your injuries. While it’s understandable to want to just get this over with, you should remember that your rights as a victim include being made whole, both financially and physically. If you’re a seaman in Houston, you need a marine lawyer who knows the law to protect your rights and get you the most money possible in damages.
Your family and your ability to heal could be improved with the assistance of a skilled Houston offshore injury attorney if you sustain an injury while working offshore. If your employer has been negligent, you have every right to take legal action to ensure that they pay you what you’re owed and protect the rights of other marine workers. By working with Johnson Garcia LLP’s maritime lawyers in Houston, you may clarify to your employer that you expect them to uphold your rights and comply with your legal demands.
Houston’s Maritime Accident Claim Process
You must notify your employer promptly of any workplace injuries you sustain. Request complete and detailed documentation of your ailment and treatment from your medical professionals. Be wholly forthright and as specific as possible when filing an accident report or other paperwork.
The Jones Act allows you to sue your employer for damages if they fail to or refuse to pay maintenance and cure benefits. To back up your claim, you must compile paperwork, including ship logs, medical records, and accident reports. The Houston maritime attorneys at Johnson Garcia LLP will help you file this claim by guiding you through the necessary steps.
Consult a law company specializing in maritime injuries immediately.
You Can Contact Their Experienced Houston Maritime Lawyers Today
Call us at 832-844-6700 today for a free consultation if you or a loved one has been hurt in a maritime disaster that was in any way your employer’s fault. Please allow us to assist you in obtaining justice.
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