Texas Offshore Worker Injury Lawyer: Understanding Maritime and Third-Party Claims

Offshore work in Texas is dangerous, so employees and employers alike must exercise extreme caution to keep themselves and those around them safe. What happens when a worker or company fails to follow safety protocol, and you get hurt as a result? You need a Texas offshore accident lawyer to help you understand maritime law to protect your rights against large oil and gas companies. Carabin Shaw’s expert attorneys can help.

The Texas offshore injury lawyers at Carabin Shaw have protected the rights of many injured offshore workers. Our attorneys will investigate your accident to determine the cause, identify the responsible parties, and pursue compensation on your behalf. We offer free consultations, and you pay nothing until we win your case. Call us toll-free, 24/7 at 1-800-862-1260 or contact us online.

Injured offshore workers file claims based on their worker classification and accident location. Filing the wrong claim can cause a significant reduction or even denial of the compensation you desperately need. A Texas maritime injury lawyer helps accident victims file claims quickly and correctly through one of these legal pathways:

• The Jones Act

The Jones Act allows seamen injured at sea to file a personal injury claim against their employer. To qualify under the Jones Act, workers must spend approximately at least 30% of their work time on a vessel, contributing to the vessel’s mission.

The Jones Act requires maritime employers to provide a reasonably safe work environment. When an employer or crew member fails to meet the standard of care, the employer is considered negligent. A worker injured by this negligence can file a claim for compensation far beyond what workers’ compensation offers. The burden of proof is also much lighter for a Jones Act lawyer, making it easier for employees to collect full compensation.

• The Longshore and Harbor Workers’ Compensation Act

Offshore workers that don’t qualify as seamen may file a claim with the Longshore and Harbor Workers’ Compensation Act (LHWCA). These employees may include:

• Offshore maintenance and construction contractors
• Shore-based workers providing offshore transport or logistics
• Fixed platform crews
• Contractors working on fixed installations

Accidents covered by the LHWCA include those that occur on wharves, piers, docks, or offshore fixed platforms. The compensation covers medical expenses, rehabilitation, and disability. Employees who file for LHWCA may not sue their employers for negligence. However, a lawyer can help you with your claim to ensure you receive all the compensation you are entitled to.

• Death on the High Seas Act

If a worker is killed in an offshore accident more than three nautical miles from shore, surviving family members can seek compensation through the Death on the High Seas Act (DOHSA). The act covers only lost wages, loss of household support, and funeral expenses. It does not include intangible harm like pain and suffering.

• Outer Continental Shelf Lands Act

The Outer Continental Shelf Lands Act (OCSLA) extends the LHWCA to qualifying employees injured in connection with covered operations on the Outer Continental Shelf. OCSLA also incorporates certain applicable state laws as federal law when they apply and are not inconsistent with federal law.

If a party outside your employer contributes to your accident, you and your lawyer may file a third-party claim against this party seeking additional damages. Common third parties might include:

• Equipment manufacturers
• Maintenance companies
• Third-party contractors

Depending on the circumstances, a third-party claim may be based on negligence, defective products, premises liability, etc. The specific legal requirements depend on the claim and the responsible party, so it’s best to speak with a local Texas offshore worker injury lawyer as soon as possible.

Offshore accidents often leave victims injured, unable to work, and unsure where to turn for compensation. The attorneys at Carabin Shaw have extensive maritime law experience, and our client reviews reflect our commitment to accident victims like you. Our team of English- and Spanish-speaking professionals is available now at 1-800-862-1260, or you can contact us online.

For more information:

• Cornell Law School
• Office of Workers' Compensation Programs
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