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:
- Cargo ships
- Container ships
- Tankers
- Tugboats
- Barges
- Offshore supply vessels
- Dredges
- Fishing vessels
- Liftboats
- Crew boats
- Pilot boats
- Cruise ships
- Ferries
- Workboats
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:
- Maintenance and cure
- Unseaworthiness claims
- Lost wages
- Future earning capacity
- Medical expenses
- Pain and suffering
Examples include:
- Deckhands
- Mates
- Captains
- Engineers
- Offshore crew members
- Tugboat crews
- Barge workers
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:
- Jones Act
- General Maritime Law
- Outer Continental Shelf Lands Act (OCSLA)
- LHWCA
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:
- Wet or slippery decks
- Unsafe ladders
- Defective gangways
- Failed mooring operations
- Cargo accidents
- Crane failures
- Falling objects
- Line handling accidents
- Winch injuries
- Mechanical failures
- Equipment defects
- Lack of proper training
- Failure to provide adequate crew
- Poor vessel maintenance
- Improper safety procedures
- Vessel collisions
- Allisions
- Fires and explosions
- Hazardous chemical exposure
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:
- Traumatic brain injuries
- Spinal cord injuries
- Herniated discs
- Broken bones
- Crush injuries
- Amputations
- Burns
- Electrocution injuries
- Shoulder injuries
- Knee injuries
- Neck injuries
- Hearing loss
- Eye injuries
- Internal injuries
- Wrongful death
What Compensation May Be Available?
Every case is different, but compensation may include:
- Medical expenses
- Future medical care
- Lost income
- Loss of future earning capacity
- Physical impairment
- Pain and suffering
- Mental anguish
- Maintenance and cure
- Vocational losses
- Wrongful death damages
- Survivor damages
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:
- Federal admiralty jurisdiction
- The Jones Act
- General Maritime Law
- LHWCA
- OCSLA
- International vessel operations
- Choice-of-law issues
- Forum selection clauses
- Arbitration provisions
- Limitation of Liability Act proceedings
- Coast Guard investigations
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:
- Maintenance records
- Vessel logs
- Safety meeting documents
- Crew statements
- Surveillance footage
- Inspection reports
- Cargo records
- Electronic navigation data
- Coast Guard reports
- Photographs of the accident scene
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:
- Houston Ship Channel
- Port of Houston
- Port of Galveston
- Port Freeport
- Corpus Christi Ship Channel
- Sabine-Neches Waterway
- Offshore Gulf of Mexico operations
- Inland waterways
- Commercial ports
- Container terminals
- Refineries with marine operations
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.