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Houston Maritime Attorney
At Mokaram Injury Lawyers, our skilled Houston maritime attorneys are committed to protecting the rights of offshore and maritime workers who have suffered injuries on the job. Working in the maritime industry comes with inherent dangers, exposing workers to serious accidents and life-altering injuries. Laws like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are designed to safeguard the rights of injured maritime workers, but navigating these complex legal frameworks requires the guidance of an experienced maritime injury lawyer.
Our Houston maritime injury lawyers understand the unique challenges faced by maritime workers and are dedicated to securing the compensation you deserve. Whether your injury was caused by unsafe conditions, negligence, or equipment failure, we are here to advocate for you. Let us handle the legal complexities while you focus on your recovery. Contact us today to discuss your maritime injury case.
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Table of Content
Understanding Maritime Laws – Jones Act and LHWCA
Maritime laws like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are crucial for protecting injured maritime workers. The Jones Act allows seamen hurt due to employer negligence to seek compensation directly from their employer. On the other hand, the LHWCA provides benefits to dockworkers, harbor workers, and others injured while working near navigable waters.
Our Houston maritime attorneys have extensive knowledge of these specialized laws and how they apply to your case. With our expertise and skills, we can help you navigate the legal process and ensure you secure the maximum compensation you deserve for your injuries. Trust us to fight for your rights so you can focus on your recovery.
What is Unseaworthiness?
Unseaworthiness refers to the condition of a vessel that is not reasonably fit for its intended purpose or fails to provide a safe working environment for the crew. Under maritime law, the owner of a vessel has a legal obligation to ensure the ship is seaworthy, which includes maintaining the vessel, and its equipment, and providing adequate training and staffing for its operations.
A vessel may be deemed unseaworthy if it has defective equipment, unsafe working conditions, or lacks proper safety protocols. When a vessel is found to be unseaworthy, injured workers may have the right to pursue compensation beyond standard maintenance and cure benefits.
How Does It Affect Your Claim?
If your injury was caused by an unseaworthy vessel, it could significantly strengthen your maritime injury claim. Unlike negligence claims under the Jones Act, unseaworthiness does not require proof of the owner’s intent or direct negligence—only that the unsafe condition existed and contributed to your injury. This opens the door for additional compensation, including damages for pain and suffering, lost wages, and medical expenses.
At Mokaram Injury Lawyers, our experienced maritime attorneys will thoroughly investigate the circumstances of your case to establish unseaworthiness and fight to secure the maximum compensation you deserve. Contact us today for expert legal assistance.
Understanding the Death on the High Seas Act (DOHSA)
The Death on the High Seas Act (DOHSA) is a federal law enacted in 1920 to provide financial compensation to families of individuals who die due to wrongful acts, negligence, or unseaworthiness occurring more than three nautical miles from U.S. shores. This law commonly applies to fatalities resulting from maritime accidents, airplane crashes over international waters, and offshore rig disasters. DOHSA allows surviving family members—such as spouses, children, or dependents—to recover damages for financial losses, including the loss of the decedent’s financial support, funeral expenses, and contributions to the household.
However, DOHSA limits recoverable damages to economic losses, excluding compensation for non-economic damages like pain and suffering or loss of companionship.
Types of Maritime Accidents Handled by Our Houston Maritime Attorneys
Our Houston maritime attorneys have successfully represented clients in various types of maritime accidents, including:
Oil Rig Accidents
Oil rigs in the Gulf Coast are high-risk environments where workers face hazards like explosions, equipment malfunctions, and toxic chemical exposure. Explosions can occur due to flammable substances, such as natural gas or oil leaks, combined with mechanical or human errors. Equipment failures, such as malfunctioning drills or cranes, also contribute to accidents, while exposure to toxic fumes can lead to long-term health complications.
Fishing and Trawler Accidents
Fishing vessels and trawlers operate under dangerous conditions, often battling hazardous weather, unstable decks, and heavy machinery. These environments increase the risk of falls overboard, drowning, or injuries caused by entanglement in nets or lines. Unsafe working conditions and lack of proper safety protocols further exacerbate these risks.
Commercial Vessel Collisions
Collisions involving supply boats, tankers, or cargo ships often result from navigational errors, equipment malfunctions, or poor visibility during bad weather. These accidents can cause extensive property damage, environmental harm, and serious injuries to crew members. Negligence in maintaining vessels or adhering to safety protocols is frequently a contributing factor.
Deck Accidents
Decks on commercial vessels are hotspots for accidents, including slip and falls due to wet or uneven surfaces. Additionally, crew members are at risk of injuries from heavy equipment like cranes, winches, and cargo operations. Poorly maintained decks and inadequate training often contribute to these incidents.
Tugboat and Barge Incidents
In Houston’s bustling port, tugboat and barge operations involve significant risks. Towing line failures, vessel collisions, and poor communication between crews are common causes of accidents. These incidents can lead to capsizing, severe injuries, and even fatalities, often requiring thorough investigations to determine liability.
Common Maritime Injuries
Maritime injuries are often severe due to the demanding and hazardous nature of offshore work. Common injuries include:
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Traumatic Brain Injuries (TBI)
Often caused by falls, struck-by incidents, or equipment failure, traumatic brain injuries can lead to lifelong disabilities.
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Spinal Cord Injuries
These injuries are catastrophic, frequently resulting in partial or complete paralysis, requiring extensive medical care and impacting daily life.
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Amputations
Accidents with heavy machinery or severe falls can lead to loss of limbs, permanently affecting a person’s life and career.
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Burns and Chemical Exposure
Maritime workers face chemical exposures, explosions, or fires, resulting in severe burns and respiratory issues.
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Musculoskeletal Injuries
Repeated strain or heavy lifting can cause chronic back, neck, and joint pain, affecting a worker’s ability to continue in their field.
Our Houston maritime attorneys understand the complexities of each type of injury and work to secure the compensation needed to cover medical expenses, rehabilitation, and other costs associated with recovery.
Types of Compensation Available for Offshore Maritime Accident Victims
Injured maritime workers often have unique compensation options compared to typical personal injury cases, including:
Maintenance and Cure
These essential benefits cover living expenses (maintenance) and medical costs (cure) for injured workers until they reach maximum medical improvement (MMI). Maintenance ensures basic living needs are met, while cure covers medical treatments and rehabilitation directly related to the injury.
Lost Wages
Injured maritime workers can claim compensation for wages lost during their recovery period. In cases where injuries prevent returning to work, workers may also recover future lost earnings, including lost earning capacity.
Pain and Suffering
Maritime law allows workers to seek damages for physical pain, emotional trauma, and psychological distress resulting from their injuries. These damages acknowledge the personal toll an injury can take on a worker’s life.
Vocational Rehabilitation
If injuries prevent a worker from returning to their previous job, compensation may include vocational training for a new career. This ensures workers can maintain financial stability and transition into a suitable occupation.
At Mokaram Injury Lawyers, our Houston maritime accident lawyers thoroughly assess your case to maximize your compensation, ensuring you have the resources you need during this challenging time.
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How Do I Prove Negligence to Win a Maritime Injury Claim in Texas?
Proving negligence in a maritime injury claim involves demonstrating that an employer, vessel owner, or another party failed to uphold safety standards. Negligence in maritime cases may include poor maintenance, unsafe working conditions, lack of proper training, or failure to adhere to maritime safety protocols. Here’s how our Houston maritime injury lawyer team helps you build a strong case:
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Gathering Evidence
A strong case begins with solid evidence. Our Houston maritime injury lawyers collect crucial documentation, such as safety records, maintenance logs, accident reports, and photographs of the incident scene. These materials help establish that the responsible party neglected their duty to provide a safe working environment.
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Witness Testimonies
Witness accounts can significantly strengthen your claim. We interview coworkers, crew members, or other individuals who witnessed the accident or observed unsafe conditions. Their testimony can corroborate your account and highlight lapses in safety protocols.
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Expert Testimony
For more complex cases, we collaborate with maritime safety experts to analyze the incident. These experts provide insights into how the accident occurred, identify safety violations, and determine how negligence contributed to your injury. Their professional opinions can be pivotal in proving liability.
Our Houston maritime injury attorneys work tirelessly to gather, analyze, and present all relevant information that supports your claim for compensation.
What Should I Do After a Houston Maritime Accident?
If you’ve been injured in a maritime accident, taking these steps can help secure your rights and strengthen your case:
Seek Medical Attention
Even if your injuries seem minor, seek medical care immediately to ensure hidden injuries are identified. Prompt treatment also creates a medical record crucial for your claim.
Report the Incident
Notify your supervisor or employer right away and ensure an official report is filed. This report will serve as key evidence for any potential maritime injury claim.
Document the Scene
Take photos of the accident area, your injuries, and any equipment involved. If possible, gather witness information to strengthen your case.
Consult a Houston Maritime Attorney
Contact a skilled Houston maritime attorney without delay. At Mokaram Injury Lawyers, we protect your rights, handle your claim, and help you secure fair compensation
Why Hire a Maritime Lawyer in Houston?
Maritime law is intricate, encompassing specific federal statutes and international regulations that differ significantly from standard personal injury laws. Choosing a maritime lawyer in Houston means having someone who understands these unique laws, the complex claims processes, and the high-stakes nature of maritime injuries.
Our Houston maritime injury attorneys bring years of experience, a deep understanding of the maritime industry, and a proven track record of success in advocating for injured workers.
Damages We Recover for You
In maritime negligence claims, victims can pursue various types of damages, including:
Medical Bills and Future Medical Needs
Maritime injuries often result in extensive medical expenses. Compensation includes coverage for emergency treatments, hospital stays, surgeries, medications, physical therapy, and other necessary care. Additionally, if your injuries require ongoing medical attention or future treatments, we ensure those costs are included in your claim.
Lost Wages and Diminished Earning Capacity
Maritime injuries can disrupt your ability to work, either temporarily or permanently. We seek compensation for wages lost during your recovery period. If your injuries prevent you from returning to your previous job or reduce your capacity to earn a living, we pursue damages for lost future earnings and diminished earning potential.
Pain and Suffering
Beyond financial losses, maritime accidents often cause significant physical pain and emotional trauma. We include damages for pain, mental anguish, and loss of enjoyment of life, recognizing the profound impact these injuries can have on your overall well-being.
Permanent Disability
If your injury results in a permanent impairment, such as loss of mobility or amputation, you may be entitled to additional compensation for the long-term effects on your quality of life. This includes accounting for adjustments to daily living and potential vocational retraining.
Our Houston maritime injury lawyer team fights for maximum damages to ensure you receive the full compensation you deserve for your suffering and future needs.
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What Makes Our Houston Maritime Attorneys Different?
At Mokaram Injury Lawyers, we set ourselves apart with unmatched expertise, dedication, and results-driven advocacy for maritime workers. Maritime law is a unique and highly specialized field, governed by distinct legal frameworks such as the Jones Act, the Death on the High Seas Act (DOHSA), and the Longshore and Harbor Workers’ Compensation Act (LHWCA). These laws differ significantly from traditional workplace injury laws, requiring a deep understanding of both federal maritime regulations and international maritime standards.
Our Houston maritime attorneys bring decades of experience to the table, handling complex cases involving offshore accidents, vessel unseaworthiness, and claims against public and private vessel operators. Whether you were injured on a commercial fishing boat, oil rig, cargo ship, or during dockside operations, we have the knowledge and resources to fight for your rights. We also understand the unique challenges faced by maritime workers, such as hazardous working conditions, extended time at sea, and the physical and emotional toll of offshore work.
What truly sets us apart is our comprehensive approach. We work closely with industry experts, accident investigators, and medical professionals to build the strongest possible case for our clients. From challenging insurance companies to litigating against negligent employers, our team is relentless in pursuing maximum compensation for injuries, lost wages, and pain and suffering.
Maritime Accident Prevention
Preventing maritime accidents requires a proactive approach by employers, vessel operators, and crew members to ensure safety at sea and in port. The maritime industry involves hazardous environments, making adherence to safety protocols and maintenance critical to minimizing risks. Here are key measures for accident prevention:
Regular Vessel Maintenance
Proper maintenance of vessels and equipment ensures safe operations. Routine inspections and timely repairs reduce the risk of mechanical failures, which can lead to accidents like fires, explosions, or equipment malfunctions.
Comprehensive Safety Training
Employers must provide thorough safety training to crew members, including emergency procedures, equipment handling, and hazard awareness. Well-trained personnel are better equipped to handle challenging situations and prevent accidents.
Use of Personal Protective Equipment (PPE)
Maritime workers should always wear appropriate PPE, such as life jackets, helmets, gloves, and non-slip footwear, to protect against common hazards like falls, crush injuries, and chemical exposure.
Adherence to Maritime Safety Standards
Compliance with international and federal safety regulations, such as those set by the International Maritime Organization (IMO) and the Occupational Safety and Health Administration (OSHA), is crucial in preventing accidents.
Clear Communication and Coordination
Effective communication between crew members and operators reduces misunderstandings during critical operations. Proper coordination during cargo handling, navigation, and emergency situations can prevent accidents.
At Mokaram Injury Lawyers, we understand the devastating impact of maritime accidents and are committed to holding negligent parties accountable for failing to implement safety measures.
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Mokaram Injury lawyers will contact you for a Free Legal Consultation.
Contact the Best Houston Maritime Attorney for Your Case
When dealing with the aftermath of a maritime accident, you need the support of the best Houston maritime attorney to protect your rights. Mokaram Injury Lawyers bring extensive experience and a dedicated approach to every case. We understand the specific laws governing maritime claims and the challenges that injured offshore workers face.
If you or a loved one has been injured while working offshore, contact us to schedule a consultation with a Houston maritime injury attorney who will fight for your right to full and fair compensation.
Founder, Attorney At Law
Payman Momeni
Senior Attorney
Sasha Seyvani
Attorney At Law
Walter Champion
Author, Adjunct Professor
Ron Welsh
Of Counsel
Christopher Bertini
Of Counsel
Paul Higdon
Of Counsel
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Frequently Asked Question (FAQs)
The statute of limitations for most maritime injury claims, including those under the Jones Act, is three years from the date of the injury. However, specific circumstances may alter this timeline.
The value of a maritime injury case depends on factors like the severity of your injuries, medical expenses, lost wages, and pain and suffering. A skilled attorney can help evaluate your claim.
Admiralty law and maritime law are often used interchangeably, both governing legal issues related to shipping, navigation, and injuries on navigable waters.
You typically have three years to file a maritime injury claim, but exceptions can apply. Consult an attorney promptly to protect your rights.
