Maritime Law vs. Texas Personal Injury Law: Key Differences for Injured Workers in Beaumont

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All workers in Beaumont, Texas, have the right to safety on the job. Unfortunately, when workplace injuries occur on the water, winning justice and accountability can become increasingly complicated. The guidance of an experienced maritime lawyer is essential for victims seeking fair accident compensation.

Since 1992, Injured Texan seamen have turned to the Beaumont maritime lawyers at Carabin Shaw. We are so confident in our ability to win your case that we even offer a free consultation at 1-800-862-1260. Call anytime to speak with our staff in English or Spanish, or contact us online!

Workplace injury claims that occur on land fall under Texas personal injury law. Most claims are resolved through workers’ compensation insurance, which provides quick restitution for victims but bars them from suing negligent employers. In cases where employers do not carry workers’ comp or victims choose not to accept it, accident victims can sue negligent employers. Victims must prove that their employers' negligence contributed substantially to their accident.

Workplace injuries that occur on the water generally fall under maritime Law. Maritime injury claims differ significantly from Texas personal injury claims. Maritime injury cases fall primarily under federal law and are frequently decided in federal courts. Injured seamen often have the right to “maintenance and cure” benefits, which provide more substantial restitution than workers’ compensation does.

Additionally, maritime injury cases fall under what is referred to as the “featherweight causation” standard. That means a much less substantial degree of negligence is required to hold employers liable for workplace injuries.

Many maritime injury claims fall under the Jones Act. This federal law protects injured seamen. Examples of workers who may qualify under the Jones Act are:

• Deckhands
• Barge workers
• Captains and crew
• Commercial fishermen
• Some offshore drilling workers

General personal injury claims fall under Texas’s modified comparative fault rule. According to this rule, injured workers can only pursue claims if they are less than 51% liable for their accident. Jones Act cases apply pure comparative fault, which means victims with any level of liability can still pursue claims. In either case, the compensation awarded to partial fault victims will be reduced by their percentage of liability.

Whether you were injured on land or offshore, working with a workplace injury lawyer in Beaumont TX to sue negligent parties for damages is the best way of recovering the compensation you need. Damages allow you to seek restitution for the emotional impact of your injuries in addition to their direct financial impact. Examples of damages you may qualify for include:

• Lost wages
• Reimbursement of medical expenses
• Reimbursement of legal fees
• Pain and suffering
• Loss of companionship
• Permanent disfigurement
• Property damage
• Loss of benefits
• Mental anguish

Maritime workplace injury claims are generally more complicated than claims related to land-based workplace injuries. An experienced Beaumont maritime injury lawyer is an absolute necessity if you intend to navigate the complexities of your case successfully. Your attorney will fight for you and build a case that holds all negligent parties liable for your injuries.

Your lawyer will provide major benefits outside the courtroom as well. They can gather evidence on your behalf, file paperwork for you, negotiate your insurance claims, and provide emotional support throughout the process. Delegating these tasks will allow you to focus on recovering from your injuries.

At Carabin Shaw, we have spent more than three decades winning cases for victims like you. Our attorneys specialize in maximizing compensation and minimizing stress. Head over to our law firm’s client reviews to hear from the many satisfied Texans we have already helped.

Your pursuit of justice is risk-free thanks to Carabin Shaw’s contingency-fee agreement. That means you pay nothing unless we win your case! To get started, contact us online or call us toll-free at 1-800-862-1260. Our English- and Spanish-speaking staff is available 24/7 to set you up with a free case review. Win the apartment injury compensation you need with Carabin Shaw!

For more information:

• Labor Code Chapter 406
• Jones Act
• Civil Practice and Remedies Code Chapter 33