Houston Oil Rig Accident Lawyer – Seafarers and marine workers are at risk of serious injury on the job every day. There are many hazards involved in working aboard ships, such as fires and explosions, gas leaks, falling heavy objects and extreme weather conditions. Maritime law serves to protect workers at sea and ensure that they are provided with adequate compensation, including maintenance and treatment, in the event of injury.
Understanding maritime law can often be complicated. Many workers do not know what maritime law applies to their injury claim. We’ve seen many workers receive compensation from their employers who failed to adequately cover the costs of their injuries and then turn it around. Therefore, if you have been injured on the high seas, it is important to speak with an experienced maritime attorney as soon as possible.
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At Abraham Watkins, we have served the state of Texas for over 70 years, making us one of the longest-standing law firms in the entire state. When you call, we can assign a Houston marine accident attorney to your case who has experience helping victims obtain financial compensation after a variety of marine incidents.
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At Abraham Watkins, we have a team of maritime lawyers to assist you at every stage of your case. We know how difficult and stressful it can be to be injured at work and have to worry about paying all your expenses. That’s why we want to help you file a claim under reliable maritime law to ensure that your injuries are compensated and your rights are protected.
Maritime law, sometimes called admiralty law, is a body of law that applies to seafarers, employers and injured parties. In general, the governing laws govern all marine accidents and incidents that occur on the high seas, such as oil rig accidents, deep-sea accidents and cargo ship accidents. “High seas” means water outside the territorial waters of a country or state. The laws of the sea also apply to territorial waters within 12 miles of the coast.
Maritime law is the body of law that applies to seafarers and their employers, as well as other companies and individuals working at sea. They know what happens after oil rig incidents, dredging incidents and cargo ship incidents, as well as other types of incidents in navigable waters, including the high seas.
“High seas” means any waters outside the normal territorial waters of a country or state. The laws of the sea also cover territorial waters if they are within 12 miles of the coast.
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As one of the oldest sets of laws in the United States, maritime law has undergone many changes over the past 50 years. Generally, maritime law applies only to victims of accidents on the “high seas”.
Maritime law is one of the oldest body of laws in the country, so it has undergone constant changes. Traditionally, the law of the sea applies only to incidents and events that occur on the high seas. However, it now applies to all “navigable waters” in the United States. The definition of navigable waters under the law can sometimes be confusing, and many of the laws we use today are based on precedents that attempt to provide a more precise definition.
This means that any water that allows trade between any nation or foreign power is classified as a vessel.
At present, navigable water is understood to mean a water which may be “a continuous highway through which commerce is carried on or carried on with other nations or with foreign nations.” Therefore, if a body of water permits trade or commerce with another foreign government or nation, it is governed by the laws of the sea. Waters that are part of the broader “navigational waters” are governed by the law of the sea, even if not directly related to another country or state.
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Thus, a body of water enclosed by a larger parcel of land or “exclusive” is governed by state law, not federal maritime law.
Texas maritime law is based entirely on federal law, as stated in Article 3, Section 2 of the United States Constitution. Therefore, federal courts have jurisdiction over all cases involving personal injury and property damage to the waters of a vessel. The only area where state courts can exercise discretion is in victim extradition proceedings.
Although federal law governs all maritime injuries, injured workers and seamen can file maritime claims in state and federal courts in Houston. Injured shipping workers can file Jones Act personal injury lawsuits in Texas state courts, and offshore oil rig workers can file federal lawsuits in federal court.
The intersection between state and federal maritime laws can be confusing, and many workers are unsure whether or not they can sue in Texas state court. One of the maritime attorneys at our law firm can advise you on your personal injury case and help you file a claim in state or federal court.
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Maritime injury and property damage cases are handled using a number of rules and general principles of maritime law that have been developed over the years. The legal principles governing the right to compensation for marine injuries and medical expenses, as well as the jurisdiction to hear claims, are set out in these rules.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) serves to compensate many types of shipping workers. Some examples of employees who may have a claim under this law are:
To claim compensation under this Act for a seaman’s injury, the worker must prove that he is a seaman and that his injury occurred on or near navigable waters, including ships, wharves, etc.
The Outer Continental Shelf Lands Act is an extension of the LHWCA. Workers injured on the continental shelf of the United States may seek compensation under this law. They must demonstrate that their work is related to the exploration and extraction of natural resources.
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If you work on an offshore oil platform, you may be entitled to claim for offshore damages under this Act. However, if you are employed by the United States government, a foreign government, or a state government, you are exempt from filing a personal injury claim under the law of the outer continental shelf.
All deaths on the high seas, outside the territorial waters of a state, are covered by the “Death on the High Seas” Act. According to the law, family members of workers and passengers killed in coastal accidents as a result of “improper operation, carelessness or inaction on the high seas” can file a lawsuit.
Family members can only receive compensation for material damages such as financial aid and cannot cover medical and funeral expenses. According to this law, the application period is three years.
The Jones Act, also known as the Merchant Marine Act, was passed in 1920 and covers the rights of seamen to sue their employers for injuries sustained while on the high seas. Under the Jones Act, employees have the right to sue their employer if they are wholly or partially responsible for their injuries. Therefore, your employer only needs to be involved in causing the personal injury you suffered in order to receive compensation. Certain cases of negligence are included in this law:
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Injured seamen can bring personal injury claims against their employers in state or federal court for gross or partial negligence. Employees also retain the right to a trial by jury. In order to file a claim under maritime law, you should contact an experienced maritime lawyer to help you with your claim. Claims under this law can often be complex, and a Texas attorney can help gather evidence on your behalf, build a strong case, and ensure you receive adequate compensation for your injuries.
The Limitation of Liability Act allows boat owners to limit their liability for claims related to injuries and damages caused by their vessel. This means that if you are involved in any type of vessel, such as a personal boat or truck, and suffer serious injuries as a result, the vessel owner may reduce their liability and reduce the amount of compensation you can recover.
To take advantage of this provision, boat owners must prove that they had no prior knowledge of problems or damage to their vessels. In cases where the limits are raised, the judge must be the sole decision-maker, as admiralty law, which is slightly different from the law of the sea, governs.
If the boat owner chooses to use the statute of limitations, the amount of compensation you can recover will be significantly less. Therefore it is recommended
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