Houston has a thriving maritime industry. In fact, it is the second-busiest port city in the United States, and Texas is the third-leading state in cargo transportation. While people refer to the Port of Houston, there is no single port. Instead, the Port of Houston includes over 200 private and public terminals. These terminals employ thousands of employees and over 225,000 vessels each year. Additionally, the Texas Gulf Coast features tons of other vessel structures in the water. Oil drilling platforms and other structures in the Gulf may fall under maritime law.
If you are a worker injured on a vessel or in a port, you need the help of a Houston maritime injury lawyer. Special rules exempt many of these employers from workers’ compensation rules, and Texas is not a mandatory workers’ compensation state. Federal rules supply special protections for maritime workers. An attorney from Ramji Law Group, P.C. can help you explore your remedies after one of these injuries.
The term maritime is a catch-all phrase that refers to anything related to the sea, including commercial shipping, transportation, or military activities. The laws that regulate maritime activities are called admiralty law, which is often used interchangeably with maritime law.
However, maritime law differs from the Law of the Sea. The latter deals with international matters such as trade, mineral rights, coastal water jurisdiction, treaties, and inter-country relations. In contrast, admiralty—or maritime—cases are more localized, focusing on civil suits involving individuals, companies, and their representatives.
Once a person ventures into the sea and beyond U.S. national boundaries, state laws may not apply, regardless of whether the person is a U.S. citizen working for a U.S. employer. However, other laws come into effect to provide similar protections, though in a different way. A Houston maritime lawyer from Ramji Law Group, P.C., can help a person understand maritime and admiralty law related to a civil case.
One such law is the Merchant Marine Act, 46 U.S.C.S. §§ 861 et seq., which includes regulations for maritime commerce within U.S. waters and between U.S. ports. The Jones Act, 46 U.S.C.S. § 50101, mandates that commerce between U.S. ports must be carried out by American-built vessels.
The key provisions of the Jones Act apply to a specific category of worker known as a seaman, which is crucial for filing injury claims. However, neither the Jones Act nor the Merchant Marine Act provides a precise definition of a seaman. The accepted definition of a seaman is an individual who is employed or engaged in any capacity aboard a vessel. It excludes scientific personnel, sailing school instructors, or students.
The Jones Act also includes provisions designed to protect the rights of maritime workers. Seamen who suffer injuries or illnesses while at sea can seek appropriate compensation from their employers, potentially through a lawsuit. The vessel owner must exercise reasonable care to ensure the ship is safe and seaworthy. If negligence on the owner’s part leads to an injury, they can be held liable.
With the Jones Act’s provisions, maritime workers can file negligence lawsuits that extend beyond the standard maintenance and cure for specific injuries. This means they may receive a more substantial settlement by proving the employer’s negligence contributed to the injury, even if it was only a minor factor. Neglect does not have to be the sole cause of the injury to be relevant. A maritime injury attorney in Houston can help seamen apply the Jones Act to their lawsuit.
Not every maritime worker is a seaman—some are longshore or harbor workers, including dock workers, shipbuilders, and harbor construction workers. They can seek compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C.S. §§ 901 et seq. This federal law provides for damages covering medical expenses, lost wages, rehabilitation, and other losses due to an injury, as well as survivor benefits if the injury results in the worker’s death. A lawyer can help a Houston longshore or harbor worker understand this distinction and their options for compensation after a maritime injury.
While federal laws provide protections for dock workers, longshore workers, and seamen, employers may still try to evade responsibility for your injuries. Maritime law has different rules than those for land-based workers, and defendants often exploit these legal nuances, hoping the injured party is unfamiliar with them.
You need a lawyer who understands maritime law and will zealously advocate for your interests. Schedule a consultation with a Houston maritime injury lawyer from Ramji Law Group, P.C. We will help you understand your potential remedies and devise a strategy to help get you the compensation that you deserve. Call (713)-888-8888 today!
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