Providing more than 39,000 jobs to Texans, and $8 billion annually to the Texas economy, domestic maritime industries are an important part of both the state and national economies.
If you or a loved one has been injured in a maritime accident, it is important to be aware of the amount of time you have to pursue financial compensation. Below Our Texas maritime accident attorneys review three state and federal laws that are designed to protect domestic maritime workers in Texas.
Unlike most workers, people working at sea are not entitled to workers’ compensation benefits should they be injured on the job. The Merchant Marine Act of 1920, commonly referred to as the Jones Act, grants seaman the right to sue their employer for damages if they sustain an injury while working at sea. Seaman have three years from the time of an accident to file a claim against their employer. Like other workers’ compensation cases, the injured party must prove negligence on the part of their employer; however, the burden of proof under the Jones Act is lower.
Passed by Congress in 1920, the Death on the High Seas Act allows a seaman’s spouse, child, or parent to recover pecuniary loss, such as lost income, when the death of their loved one occurred due to wrongful or negligent acts. Additionally, the accident must occur more than three miles from the shoreline of the United States in order for the family to collect compensation under this DOHSA. Those considering filing a lawsuit under the DOHSA have three years from the date of their family member’s death to file their lawsuit.
Also known as the Longshore Act, this federal law provides protection to dock workers and other maritime workers, such as ship builders and harbor construction workers, who are not otherwise covered by the Jones Act. The LHWCA entitles a worker to medical and indemnity benefits while they are receiving treatment, and thus are unable to work, for injuries sustained during a workplace accident. Under the LHWCA, workers have one year from the time of the accident to file a claim.
If you or a loved one have been injured while on a domestic maritime job site or have questions about a personal injury claim, Burwell Nebout Trial Lawyers invites you to contact us online or call us at (281) 645-5000 to schedule a free consultation to discuss your concerns.