If you are working on a ship, you need to know about maritime law in Houston, Texas. These laws cover topics such as the Jones Act, maintenance and cure, and limitation of liability. You may also want to learn about the rights of the Seaman to seek damages for negligence. A maritime law Houston attorney can help you understand your legal rights. A maritime lawyer will make the whole process run smoothly. Maritime law Houston attorneys can help you get the money you deserve if you are injured on the job.
Jones Act
If you have suffered injuries on the job, you should contact a Houston Jones Act attorney to fight for your rights. This law applies to any vessel used to transport goods over the water. It can give a seaman extensive rights to make a claim for damages. This law is particularly helpful in maritime accidents, where a seaman might suffer an injury or even death while working. The statute of limitations for filing a claim under the Jones Act is three years. In some cases, it may be as little as a year.
The definition of a vessel is broad, so traditional boats may qualify as vessels. But jack-up drilling rigs, semi-submersible drilling rigs, and drill ships are also included in the Jones Act’s definition. Even crane barges can be considered vessels, provided they are not stationary work platforms and are sufficiently mobile. This means that if you’ve suffered an injury while working on a rig, you may be eligible for Jones Act compensation.
It’s important to find a maritime attorney who specializes in Jones Act claims. Maritime attorneys can help you win the case by fighting for your rights and pursuing the maximum compensation possible. These Houston maritime lawyers have extensive experience in handling Jones Act cases. They know how to navigate the legal system and can represent you effectively and efficiently. Even if a claim is not successful, you should be able to receive workers’ compensation benefits as a result.
Richard Schechter is an experienced Houston Jones Act lawyer who has handled nearly every type of Jones Act maritime law claim imaginable. His case experience covers injuries sustained on oceangoing vessels, barges, tugboats, workboats, and semi-submersible drilling rigs. He also has vast experience in the offshore oil and gas industry. With years of experience handling Jones Act maritime law claims, he has helped numerous injured seamen recover compensation.
Maritime law is complex and involves a complex system of legal procedures. The Shelton Law Firm is able to represent injured maritime workers in court. Their legal team works hard to win maritime accident lawsuits and fight for justice. With over forty years of combined maritime experience, they are well-equipped to handle all types of Jones Act claims. It is vital to contact a maritime law firm immediately if you are injured at sea.
Maintenance and cure
The terms “maintenance and cure” in maritime law Houston refer to payments made to an injured worker for medical and living expenses incurred as a result of an injury. To qualify for maintenance and cure benefits, a worker must be a “seaman” under the Jones Act and be employed on a ship, rig, or other floating structure. These injuries can result from a variety of reasons, including falls, exposure to hazardous substances, or workplace accidents.
If the ship owner has refused to provide maintenance and cure, the seaman may seek punitive damages. However, if the employer has violated the Jones Act, the seaman may be able to pursue a claim for legal fees. To pursue a punitive damages claim, a seamen must have a history of willful misconduct, have concealed a pre-existing medical condition, and be hurt due to the shipowner’s negligence.
In general, maintenance and cure are intended to assist an injured seaman with expenses. The injured worker receives maintenance and cure payments until he reaches maximum medical improvement (MMI). If the seaman cannot pay his or her bills and expenses while recovering from the injury, the maintenance and cure benefits are meant to be temporary. Maritime law Houston attorneys at Stepp and Sullivan can help. If you are considering hiring a maritime attorney, contact Stepp and Sullivan to discuss your case.
In addition to medical expenses, seaman workers also receive payments called “maintenance.” These benefits are intended to cover rent and room expenses, which is another important reason to retain an attorney. The payments made every two weeks are meant to provide additional financial support to injured maritime workers. Maintenance and cure can help you receive the money you need to care for yourself and your family. If you have suffered an injury due to the negligence of another party, Richard J. Plezia & Associates can help you get the compensation you deserve.
While maintenance and cure in maritime law Houston is relatively straightforward, it has many technical implications. For example, in one case, a seaman was denied maintenance and cure because his employer failed to investigate the claim or provided medical care after discovering that the injuries were the result of a preexisting condition. The court held that this was a mistake because the human resources manager of the ship had to make a judgment that proved his illness was preexisting.
Limitation of liability
The limitation of liability act in maritime law Houston addresses the situation where a vessel owner is liable for the damages caused by an accident. This act only applies to injuries involving maritime workers and does not apply to other maritime accidents. However, some maritime accidents fall under the Act. Here are some important rules to know about this maritime law Houston defense. These rules are very important and should be understood before deciding whether or not you should file a claim against a ship owner.
First, limit your liability under U.S. maritime law Houston. By taking advantage of a limitation of liability law, you will not be liable for injuries suffered while aboard a ship. In such cases, the ship owner’s liability can be limited to the value of the boat post-collision. Obviously, this may be less than the amount needed to compensate injured parties. Nevertheless, it is always a good idea to consult an attorney immediately after the maritime accident.
Lastly, it is important to understand what a limitation of liability in maritime law Houston means. Limitation of liability is a very common maritime law Houston practice. For instance, one of the most common claims related to shipowners and maritime law is a limitation of liability. This limitation of liability applies to both vessels and cargoes. This law is used in many cases where the vessel owner is at fault for an accident.
In the case of a shipowner attempting to limit their liability, the owner will often try to consolidate all claims into one action. This is done to collect assets and prioritize claims. By limiting liability, the ship owner can limit the amount of compensation that competing claimants can receive. Often, claimants will only be entitled to pro rata shares of the total assets. This can be a problem, especially for those who are dependent on maritime workers.
While the Act limits the owner’s liability, it also gives the injured party the option to limit the vessel’s liability to the post-accident or casualty value. In these cases, the owner’s knowledge and understanding of their duties can help limit the liability of the owner. This defense can be difficult to overcome, so it is best to work with a maritime lawyer with deep knowledge of maritime law. There are many benefits and disadvantages to Limitation of liability in maritime law Houston.
Seaman’s right to seek damages for negligence
In the United States, a Seaman’s right to seek damages for his or her employer’s negligence is protected under the Jones Act. This legislation, originally known as the Merchant Marine Act, regulates maritime commerce on U.S. waters. The Act includes protections for those who work as “seamen,” or “marine employees.” A Seaman must work on a vessel at least 30 percent of the time, and his or her work must contribute to the ship’s function or purpose. These individuals can work anywhere from being a hair stylist on a cruise ship to being a fish spotter on a helicopter.
Among other rights, a seaman may pursue compensation for physical pain and suffering, mental anguish, and economic loss. This may include past wages and future earnings, fringe benefits, and future medical expenses. Under maritime law, however, there is no right to a jury trial, so the plaintiff must prove that the defendant was negligent in a reasonable manner in the circumstances of the accident. Nevertheless, a seaman’s right to seek damages is a valuable benefit to any seaman, and he should take advantage of it.
Although the Supreme Court has never granted a seaman’s right to seek damages for negligence, the Fifth Circuit has distinguished a recent decision by the Fourth Circuit that awarded punitive damages to the injured seaman. The Fifth Circuit also cites the case of Atlantic Sounding Co. v. Townsend, which awarded punitive damages for a seaman’s wrongful death, and the recent case of Evich v. Morris, which involved wrongful death, among other factors.
A Seaman’s right to seek damages for negligent employer’s negligence is often more substantial than the right to receive workers’ compensation benefits. A seaman’s Jones Act claim can be made in the same way. If an employer was negligent, a seaman may recover compensation for non-economic harm as well as medical expenses. In a case where a seaman has suffered serious personal injury, it is important to seek representation from an attorney.
