What Are Maritime Laws in Texas?
Maritime law (also known as admiralty law) is a special area of law that governs accidents and disputes that occur on navigable waters. In Texas, these laws often apply to offshore oil workers, longshoremen, seamen, and recreational boaters who are injured on the Gulf Coast, as well as on inland waterways.
Unlike typical state personal injury laws, maritime law generally falls under federal jurisdiction. This field of the law provides unique protections and benefits to those injured while working or traveling at sea. However, because Texas borders the Gulf of Mexico and has a large offshore industry, these laws frequently overlap with state and local regulations.
When Does Maritime Law Apply?
Maritime law applies to accidents that occur on navigable waters.
This term refers to areas used for commerce or transportation, such as:
- The Gulf of Mexico
- The Intracoastal Waterway
- The Houston Ship Channel
- Ports and harbors, including Galveston and Corpus Christi
It also covers incidents involving vessels, such as cargo ships and oil rigs. If your accident happened while performing work related to maritime activity or while traveling on navigable waters, your case may fall under maritime law rather than Texas state law.
Key Maritime Laws That Affect Texas Workers
Several important federal maritime laws protect individuals injured on or near Texas waterways. Each one applies to different types of workers and situations.
The Jones Act
The Jones Act protects seamen, meaning workers who spend most of their time aboard vessels operating on navigable waters. Under this law, an injured seaman can sue their employer for negligence if unsafe working conditions and/or other mistakes caused their injuries.
Damages under the Jones Act can include:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Disability or loss of quality of life
An experienced maritime accident lawyer can help you evaluate your legal rights and options.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA covers maritime employees who work in the industry but aren’t considered seamen. It provides compensation for medical costs, rehabilitation, and lost income for those injured while loading or unloading vessels or maintaining ship facilities.
The Death on the High Seas Act (DOHSA)
Families of maritime workers who die due to negligence on the high seas (more than three nautical miles from shore) may be able to seek damages through this federal law.
The Outer Continental Shelf Lands Act (OCSLA)
The OCSLA generally extends federal maritime protections to offshore oil and gas workers on rigs and platforms located beyond state waters.
How Maritime Law Differs from Texas Personal Injury Law
Maritime law differs from standard state injury law in several key ways.
- Fault and liability: Maritime law typically allows injured workers to sue their employers directly, unlike many land-based workers who rely on workers’ compensation.
- Maintenance and cure: Employers must cover an injured seaman’s medical care (“cure”) and daily living expenses (“maintenance”) until their recovery, regardless of fault.
- Statute of limitations: Most claims under the Jones Act must be filed within three years of the injury. However, the time limits can vary depending on the specific law involved.
These cases can be relatively complex. It’s important to work with an attorney familiar with both Texas personal injury law and federal maritime law to ensure all of your legal avenues for compensation are explored.
Contact an Experienced Galveston Maritime Accident Lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers for a Free Consultation
If you were injured while working on the water or offshore, you may have legal rights under federal maritime law. A knowledgeable Texas maritime accident lawyer can determine which regulations apply to your situation and pursue the compensation you’re entitled to.
Contact The Law Firm of Alton C. Todd Personal Injury Lawyers as soon as possible for a free consultation to protect your legal rights and interests.
Please contact an experienced personal injury lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas:
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
(409) 207-9299
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
