Maritime Injuries

The Right Choice for Your Maritime Injury Case

Situated alongside the Gulf of Mexico, Texas frequently deals with personal injury claims that occur within the maritime industry. This industry is a diverse and expansive sector of the economy that encompasses various activities, businesses, and services related to the use, management, and exploration of the world’s oceans and waterways. Injuries that happen in this industry must be litigated under special maritime laws. At Perkins & Perkins, we bring years of experience to the table to help you secure the justice and compensation you deserve.

Maritime Injury Lawyers in Corpus Christi, Texas

A maritime injury refers to any injuries caused o someone working on or near navigable waters. This can include injuries sustained by seamen, longshoremen, harbor workers, or passengers on ships. Due to the prevalence of oil and gas drilling within the Gulf of Mexico, offshore rig injuries are common in Texas. Injuries related to shipping and port operations are also common in Texas. Some of the largest ports of the United States are located in Texas, with the Port of Corpus Christi frequently being named the largest port in the United States in terms of revenue tonnage and crude oil exports. Accidents in this industry can occur due to various factors such as equipment malfunction, inadequate training or supervision, exposure to hazardous substances, and severe weather conditions.

In Texas, maritime workers have specific legal rights and protections under specialized laws. These include the Jones Act for seamen, and the Longshore and Harbor Workers’ Compensation Act (LHWCA) for longshoremen and harbor workers. They provide specific remedies, and protections available to maritime workers, including compensation for medical expenses, lost wages, and other damages. When pursuing compensation for a maritime injury, it is important to have an attorney that understands these laws.

Free Consultation With Perkins & Perkins About Maritime Injuries

When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.

Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in reclaiming your life.

What Are Maritime Injuries?

Maritime injuries are injuries suffered by individuals while working on or near water, particularly in occupations involving the sea, rivers, or docks. These injuries can occur on various maritime vessels such as cargo ships, fishing boats, oil rigs, and even at ports or shipyards. Due to the demanding and often hazardous nature of maritime work, the types of injuries reported are diverse and can be severe.

Common Causes of Maritime Injuries

Maritime work is inherently hazardous. Understanding the common causes of maritime injuries is crucial for workers and employers to take preventive measures and for injured parties to seek appropriate legal help.

Maritime Injury Accidents on Commercial Ships

Slip and Fall Accidents: These are perhaps the most common due to wet and slippery decks.
Equipment Failures: Faulty winches, cranes, or other shipboard equipment can lead to severe injuries.
Fires and Explosions: Given the presence of flammable materials, these accidents pose a significant risk and can cause devastating injuries.
Collisions and Groundings: When ships collide or run aground, the crew can suffer from impact injuries or be thrown overboard.
Overexertion: Crew members often work long hours under strenuous conditions, leading to overuse injuries.

Commercial ships, including cargo vessels, tankers, and passenger ships, are bustling environments where accidents can frequently occur. Common causes of injuries on these ships include:

Offshore Oil Rig Incidents

Offshore oil rigs pose unique challenges and dangers, not commonly found in other maritime sectors. Workers on these platforms are exposed to some of the most extreme conditions and hazards:

Blowouts and Fires: The release of oil or gas can lead to catastrophic fires and explosions.
Equipment Malfunctions: Heavy industrial equipment used on oil rigs can malfunction, leading to severe injuries or fatalities.
Helicopter and Transport Accidents: Transporting workers to and from offshore rigs often involves helicopters, which can crash or experience accidents.
Harsh Weather Conditions: Workers are also at the mercy of the weather, with storms and high seas creating hazardous working conditions.

Dock and Harbor Maritime Accidents

Docks and harbors are critical junctions in maritime operations where accidents can easily happen, involving both sea-going vessels and workers onshore:

Falling Cargo: Improperly secured cargo can fall, causing injuries to dock workers or damaging smaller boats.
Crane and Forklift Accidents: The heavy machinery used to move cargo can cause serious accidents if improperly operated or if a malfunction occurs.
Slips, Trips, and Falls: Like ships, docks are often wet and slippery, which is a primary cause of falls.
Chemical Exposures: Ports often handle hazardous materials, which can cause burns or respiratory problems if mishandled.

Types of Maritime Injuries

Maritime workers face a range of dangers that can lead to severe and sometimes life-altering injuries. Understanding these injuries is crucial for anyone affected to recognize the potential for significant legal and medical needs.

1. Catastrophic Injuries and Fatalities

In the maritime industry, the risk of catastrophic injuries is notably high due to the hazardous working environments and the dangerous nature of the work. Such injuries can include:

Traumatic Brain Injuries (TBI): Resulting from falls or being struck by heavy equipment.
Spinal Cord Injuries: These can lead to partial or total paralysis, significantly impacting a victim’s quality of life.
Amputations: Severe injuries can result in the loss of limbs, often due to accidents involving machinery or heavy cargo.
Burns: Fires and explosions can cause serious burns, which may require extensive, long-term medical treatment.

Tragically, fatalities are also a part of the risk, with workers losing their lives due to severe accidents or catastrophic injuries sustained on the job.

2. Long-term Health Complications

The impact of maritime injuries can extend far beyond the immediate aftermath of an accident, leading to chronic health issues that might not become apparent until years later:

Hearing Loss: Prolonged exposure to loud noises on ships or oil rigs can lead to significant, irreversible hearing damage.
Respiratory Diseases: Inhalation of toxic fumes or particles, especially in enclosed spaces or during accidents involving hazardous materials, can cause long-term respiratory issues.
Musculoskeletal Disorders: Chronic back, knee, and joint pain resulting from repetitive tasks or injuries that did not properly heal.
Chemical Exposure Effects: Long-term exposure to hazardous chemicals can lead to a variety of serious medical conditions, including cancers and neurological disorders.

3. Psychological Impacts

The mental and emotional toll of working in high-risk maritime environments, experiencing, or witnessing traumatic events can be profound and lasting:

Post-Traumatic Stress Disorder (PTSD): Many maritime workers develop PTSD following accidents involving severe injuries or fatalities.
Depression and Anxiety: The stress from the physical and financial impact of an injury can lead to long-term psychological conditions.
Adjustment Disorders: Struggling to adapt to life post-injury or with a disability can affect mental health and personal relationships.

Understanding Maritime Law

Here is an overview of the key legislations governing maritime activities and private international law governing the relationships between private entities that operate vessels on the oceans.

Maritime Injuries: The Jones Act

Formally known as the Merchant Marine Act of 1920, the Jones Act provides important protections for seamen who are injured while working. Unlike workers’ compensation, which provides benefits regardless of fault, the Jones Act allows qualified seamen to sue their employers for personal injury damages on the grounds of negligence.

Key points about the Jones Act include:

Eligibility: To qualify, a worker must spend at least 30% of their time in active service of a vessel on navigable waters.
Fault and Negligence: The seaman must prove that the vessel’s owner, the operator, or fellow employees were negligent in their duties, which led to their injury.
Maintenance and Cure: Under this act, injured seamen are entitled to maintenance (compensation for living expenses until fit for duty) and cure (medical treatment related to the injury).

Longshore and Harbor Workers' Compensation Act

This act provides compensation to employees who are injured while working on the docks, in shipping terminals, or at shipyards—areas not covered under the Jones Act because these workers are not considered seamen. Key provisions include:

Compensation: It offers compensation for lost wages, medical benefits, and rehabilitation costs.
Employer’s Liability: This act removes the need for the injured worker to prove negligence on the part of the employer, simplifying the process of obtaining compensation.
Survivor Benefits: In the event of work-related deaths, the act provides benefits to the dependents of the deceased worker.

General Maritime Law and Maintenance and Cure

General maritime law is a compilation of judicial decisions and statutes that govern legal issues pertaining to the sea and navigable waters. Maintenance and cure are key components of this law:

Maintenance: Refers to a daily allowance paid to a seaman while they are recovering from an injury sustained while in service to a vessel.
Cure: Refers to the obligation of the employer to provide medical treatment reasonably required to treat the injury until the seaman has reached maximum medical improvement.
Unseaworthiness Claims: Under general maritime law, seamen can also bring claims for injuries caused by unseaworthy conditions aboard the vessel, which means the vessel or its equipment was not reasonably fit for its intended use.

Common Maritime Injury Questions

1. Is maritime law the same as admiralty law?

Yes, maritime law and admiralty law are often used interchangeably. This body of law covers a wide range of issues such as shipping, navigation, waters, insurance, canals, recreational boating, and the transportation of goods and passengers. If you are need of an attorney to help you with your case, Perkins & Perkins can help you.

2. What are considered navigable waters?

In the United States, the legal definition of navigable waters is often determined by federal law. Generally, if a waterway can be used for interstate or international commerce, it is considered navigable. Navigable waters include, oceans, seas, rivers, lakes, canals, harbors, and bays like Corpus Christi’s. If you were injured while working on the water, call Perkins and Perkins for a free consultation about your case.

3. What is considered a seaman?

Any person who is employed or engaged on a vessel to perform duties that contribute to the function of the vessel or the accomplishment of its mission. This can include roles such as deckhands, engineers, cooks, and other support staff whose work is necessary for the vessel’s operation. If you have suffered any type of injury, while working on a vessel call the trial attorneys at Perkins and Perkins for a free consultation. We are here to help you.

4. Can I sue if the vessel I was on if it was unseaworthy?

Yes, under maritime law, specifically the doctrine of unseaworthiness, a vessel owner has an absolute duty to ensure that their vessel is reasonably fit for its intended purpose. This means the vessel must be safe, well-maintained, and properly equipped, including having a competent crew. If you were injured on an unseaworthy vessel, call us now for a free consultation.

5. How much time do I have to file a claim?

Under the Jones Act, the statute of limitations for filing a personal injury claim is three (3) years from the date of your injury. This means that a seaman who is injured while working on a vessel has up to three years to file a lawsuit. If you are considering filing a lawsuit for your injuries and want effective experienced trial lawyers, the Perkins and Perkins Law firm is ready to help you.