Every year, workers and passengers suffer serious injuries aboard vessels operating in the Gulf of Mexico, the Houston Ship Channel, the Port of Galveston, and ports throughout Texas. Whether the injury occurs on a tugboat, barge, offshore supply vessel, cargo ship, tanker, dredge, fishing vessel, or cruise ship, maritime law often provides rights and remedies that differ significantly from ordinary personal injury law.

If you or a loved one was injured aboard a vessel, understanding which laws apply can have a major impact on your ability to recover compensation.

At Gilman & Allison, LLP, our attorneys represent clients in complex maritime and admiralty cases involving vessel negligence, unseaworthiness, Jones Act claims, Longshore and Harbor Workers’ Compensation Act (LHWCA) claims, and other maritime injury litigation throughout Texas.


What Is a Vessel Injury Claim?

A vessel injury claim arises when someone suffers an injury aboard a vessel or because of a vessel’s operation, maintenance, equipment, or crew.

Unlike most land-based accidents, these claims are frequently governed by federal maritime law rather than state negligence law.

Common vessels involved include:

Depending on the facts, several different maritime laws may apply.


Who Can File a Vessel Injury Claim?

Several categories of individuals may have legal rights after a vessel accident.

Seamen

Workers who qualify as “seamen” under the Jones Act may bring negligence claims against their employers when employer negligence contributes, even slightly, to their injuries.

Jones Act seamen may also be entitled to:

Examples include:


Longshore Workers

Dock workers, stevedores, terminal employees, and harbor workers generally fall under the Longshore and Harbor Workers’ Compensation Act.

Although LHWCA benefits typically replace claims against the employer, injured workers may still have negligence claims against a vessel owner under 33 U.S.C. ยง 905(b) when the vessel breaches duties recognized under maritime law.


Offshore Workers

Many offshore workers injured on drilling vessels, production vessels, liftboats, or support vessels may have claims under:

Determining which statute applies often requires careful legal analysis.


Passengers

Passengers injured aboard cruise ships, charter boats, ferries, fishing charters, or excursion vessels may pursue negligence claims when their injuries result from unsafe conditions.

These cases frequently involve strict contractual notice requirements and shortened filing deadlines.


Common Causes of Vessel Injuries

Vessel accidents occur for many reasons, including:

Even a seemingly minor safety violation can result in catastrophic injuries aboard a vessel.


Common Vessel Injuries

Maritime accidents frequently result in severe injuries because workers often operate heavy equipment in challenging conditions.

Common injuries include:


What Compensation May Be Available?

Every case is different, but compensation may include:

The damages available depend on the governing maritime law and the facts of the case.


Why Maritime Injury Cases Are Different

Maritime law is a specialized area of law.

Unlike ordinary personal injury cases, vessel injury claims may involve:

Choosing the correct legal strategy often begins with determining which body of maritime law applies.


Frequently Asked Questions

How long do I have to file a vessel injury claim?

The deadline depends on the type of claim. Some maritime claims have a three-year limitations period, while cruise passenger tickets and other contracts may require written notice or suit much sooner. Missing a deadline can affect your ability to pursue compensation.

Can I sue if I receive workers’ compensation under the LHWCA?

In many situations, yes. While the LHWCA generally limits claims against an employer, an injured worker may still have a negligence claim against a vessel owner under certain circumstances.

What if I was partially at fault?

Maritime law often applies comparative fault principles. Being partially responsible does not automatically prevent recovery, though it may reduce damages depending on the facts.

What makes someone a Jones Act seaman?

Whether someone qualifies depends on the nature of their work and their connection to a vessel or identifiable fleet of vessels in navigation. This is a fact-specific legal analysis.

Should I speak with a lawyer before giving a recorded statement?

In many maritime cases, employers, insurers, or claims representatives may request statements shortly after an accident. Before providing a recorded statement or signing documents, it is often beneficial to understand how those statements may affect your legal rights.


Why Early Investigation Matters

Evidence aboard vessels can change quickly.

Prompt investigation may help preserve:

Early preservation of evidence can be an important part of building a maritime case.


Texas Vessel Injury Attorneys

Gilman & Allison, LLP represents individuals injured aboard vessels throughout Texas, including matters arising from:

Our attorneys handle a broad range of maritime and admiralty litigation involving vessel negligence, Jones Act claims, Longshore Act claims, offshore accidents, unseaworthiness claims, and other maritime injury disputes.

If you or a loved one has been injured aboard a vessel, speaking with an attorney familiar with maritime law can help you understand your legal options and the deadlines that may apply to your claim.