Corpus Christi Offshore Injury Claims: Maritime Law vs. Workers' Compensation in Texas

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Corpus Christi, Texas, is the largest hub of America’s energy exporting industry. The Texas Comptroller’s office estimates that the Port of Corpus Christi creates over 800,000 jobs and contributes over $100 billion to the GDP. However, this productivity comes at a cost. Some studies have found offshore oil work to be seven times more dangerous than the average job. If you have been injured in the course of work on an offshore oil rig and are in need of expert counsel, contact the Texas maritime lawyers at Carabin Shaw.

Take advantage of our free consultation offer by calling us anytime at 1-800-862-1260 or contacting our law firm online. Our English- and Spanish-speaking staff is available 24/7 to get you started. Begin on the path to justice today!

Most accidents at work fall under the umbrella of workers’ comp, meaning that injured employees can most easily receive damages by filing an insurance claim. However, many injuries at sea are instead covered by the Jones Act, which states that maritime workers injured in the line of duty have the right to pursue personal injury actions against their employer.

Opting into workers’ comp often requires waiving your right to an injury lawsuit against your employer. Similarly, the Jones Act prohibits eligible workers from receiving workers’ comp. It is often left to the injured worker to figure out which rights they have. If you’re unsure yourself, talk to an attorney about which route makes the most sense for you before taking any action.

At Carabin Shaw, our legal team has significant experience with the nuances of maritime law and offers every potential client a free case review. Take a look at our law firm’s client reviews to learn more.

Workers’ comp claims and Jones Act lawsuits are, on paper, mutually exclusive. However, many workers, especially in the energy extraction industry, fall into a gray area. A skilled maritime injury lawyer may be able to make a case for a workers’ case falling into either category. There are pros and cons to each.

Workers’ comp claims are typically resolved faster and do not require proof of negligence on the part of company management or ownership. However, they usually lead to smaller settlements than lawsuits, as payments rarely compensate for non-economic damages such as pain and suffering.

Personal injury lawsuits, like those covered by the Jones Act, can net larger settlements. However, it might be months or years before you receive that settlement. The burden of proof is also stricter than in a workers’ comp claim: your lawyer will have to show that your injuries were the result of your employer’s negligence. Get in touch with a Corpus Christi maritime lawyer to discuss which course of action is right for you.

Before you file a Jones Act lawsuit, make sure to consult with an offshore accident lawyer to ensure that your claim is eligible. The circumstances behind your injuries must meet certain requirements if you intend to sue under the Jones Act. For more details about those requirements, read on or contact us online.

The Jones Act specifies that “seamen” can sue their employers for injuries. A worker is considered a seaman if at least 30% of their working hours are spent on board. Someone who works in the maritime industry but does not spend a significant amount of time offshore might not be eligible. Are you unsure whether or not you qualify as a seaman?

Consult an attorney specializing in maritime law.

The eligibility of your injury claim under the Jones Act also relies on the type of vessel on which you work. The ship has to be “in navigation,” meaning that it has to be actively traversing waterways. An injury suffered while working on a docked ship is unlikely to warrant a Jones Act claim. However, talk to your lawyer before you rule out the possibility of a lawsuit.

Finally, your injury must have been incurred in the course of maritime work. The definition of Jones Act-protected labor has been debated, but the landmark case Offshore Co. v. Robinson ruled that it includes oil rig workers. Contact a Corpus Christi offshore injury lawyer to discuss whether the Jones Act is relevant to your case.

Carabin Shaw is dedicated to providing our clients in Texas with premium legal counsel with no financial risk. You pay nothing unless we win your case, thanks to our contingency-fee agreement. Call 1-800-862-1260 toll-free, where English- and Spanish-speaking staff are standing by to schedule your free consultation!

For more information:

• Substantial "Connection to a Vessel in Navigation"
• Fatal Injuries in Offshore Oil and Gas Operations — United States, 2003–2010
• Port of Entry: Corpus Christi
• About Port of Corpus Christi