Galveston Offshore Injury Lawyer

Galveston Offshore Injury Attorney

If you or a family member has sustained injuries while working on offshore oil and gas drilling rigs, semi-submersibles, jack-up rigs, and drill ships, you need to hire an experienced Galveston offshore injury lawyer. These occupations are challenging and hazardous, and employees trust their employers to uphold and follow safety measures. But sometimes, companies fail to adequately protect their workers, which can lead to life-altering injuries.

Common Instances of Employer Negligence on Offshore Drill Rigs and Platforms

If an employer neglects to take reasonable precautions or ensure the safety of the crew on a vessel, the court may find the employer responsible for resulting injuries. Allegations of employer negligence can encompass the following:

• Failure to make needed repairs or follow proper maintenance procedures
• Defective equipment or lack of safety equipment and procedures
• Improper training and supervision of staff
• Understaffing of vessels
• Unsafe working surfaces such as gangways, rigging, steps, or ladders
• Improper stowing and offloading of cargo
• Failing to provide timely or necessary medical treatment
• Negligence or recklessness of a crew member
• Physical or sexual assault and sexual harassment aboard the vessel
• Failure to comply with safety laws and regulations

The Jones Act and Maritime Law

Many United States workers have the opportunity to file for workers’ compensation for workplace injuries, but offshore workers are often not able to do this. The majority of maritime employees operating in United States waters fall under the jurisdiction of the Jones-Shafroth Act, more commonly referred to as the Jones Act. This is legislation specifically designed to outline the legal responsibilities that employers have to their maritime workers.

The most important rules and regulations established include mandating that cargo transported between U.S. ports must be carried by a vessel constructed in the United States and owned by American citizens or corporations to the extent of 75% or more, mandating that individuals serving as crew members and employees on vessels must either be American citizens or possess legal authorization and outlining seamen’s health, accident, and disability benefits.

It’s crucial to emphasize that only individuals classified as “seamen” have the eligibility to pursue compensation for injuries resulting from employer or co-worker negligence under this act. To meet the criteria as a seaman for filing a claim under the Jones Act, a worker must dedicate 30% of their working time to a vessel in navigable waters. Additionally, they must be a member of the vessel’s crew or part of a fleet of vessels operated by the employer.

If a worker is not covered by the Jones Act, they might have protection under other maritime laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Outer Continental Shelf Lands Act (OCSLA). It is important to discuss your case with an experienced offshore injury lawyer who can help you understand your rights under these acts and which apply to you.

Why Should I Hire an Offshore Injury Lawyer?

Understanding the Jones Act, other maritime laws, and personal injury law is complex, so having legal counsel is crucial. Determining which laws will protect your unique situation can sometimes be difficult. There are many factors that can affect your claim, such as if the platform is permanent or moveable.

Unlike several other U.S. states, Texas does not mandate private employers to have workers’ compensation insurance. This lack of mandatory coverage poses challenges even for individuals employed on land, let alone the increased difficulties for individuals employed offshore seeking compensation for workplace injuries.

The attorneys at Stevenson & Murray have helped workers in the Gulf of Mexico, Asia, the Middle East, Africa, the North Sea, and around the world get compensation for their drilling rig, ship & platform injuries. This compensation can include recovering lost wages, occupational or vocational rehabilitation, repayment of medical expenses, and pain and suffering.

FAQs

Q: How Much Can You Sue For Pain and Suffering in Texas?

A: Texas does not have a specific cap or limit on damages for pain and suffering in personal injury cases. The multiplier method is commonly used to calculate damages such as medical bills, lost wages, and property damage related to your injury. The amount is then multiplied by a rate between 1.5 and 5, dependent upon the severity of your injuries.

Q: Can an Offshore Worker Pursue a Personal Injury Claim if the Employer Lacks Workers’ Compensation Coverage?

A: Yes, an offshore worker may have the option to pursue a personal injury claim if their employer lacks workers’ compensation coverage. Unlike many land-based workers, offshore workers, including those covered by maritime laws like the Jones Act, are not always entitled to traditional workers’ compensation benefits, even if they do have them.

Q: How Long Does a Personal Injury Settlement Take in Texas?

A: Since every settlement is unique, the timeline can vary widely based on factors such as the complexity of the case, the severity of injuries, the willingness of the parties to negotiate, and the court’s schedule if the case were to go to trial.

Q: What Percentage Do Lawyers Take for Personal Injury in Texas?

A: In Galveston, Texas, the percentage that personal injury lawyers charge for their services is typically based on a contingency fee arrangement, meaning the fees are contingent upon the successful outcome of the case. The specific percentage may depend on the complexity of the case, the likelihood of success, and at what stage the case is resolved, whether through settlement or trial.

Q: What Is The Time Limit For Filing an Offshore Injury Claim in Texas?

A: In Texas, the majority of personal injury claims are subject to a two-year statute of limitations as per state law, but if your claim is under the Jones Act, you are given a three-year window from the date of the injury to file a claim. Consult with an attorney as soon as possible if you have questions or concerns about what statute of limitations might apply to you.

Contact Our Offshore Injury Attorneys

Reach out to us today to discuss your case with a compassionate Galveston offshore injury lawyer who has industry knowledge and real experience. Contact the offices of Stevenson & Murray today online to schedule an appointment for honest answers to your most important questions.