Maritime accidents are often devastating, with injuries that can affect a person’s physical, emotional, and financial well-being. Whether the incident occurs on a commercial vessel, oil rig, cargo ship, or in a harbor setting, the consequences can be life-changing. The maritime industry is a cornerstone of the Texas economy, but it is also one of the most dangerous professions. Knowing what steps to take after a maritime accident can make all the difference in ensuring you receive the compensation and support you need.
Understanding Maritime Law and Your Rights
Maritime accidents fall under unique legal frameworks that differ from standard personal injury laws. Federal statutes such as the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and General Maritime Law provide protections for injured maritime workers. These laws allow workers to seek compensation for injuries sustained while performing their job duties on navigable waters or in maritime-related activities.
The Jones Act, for instance, allows seamen injured due to their employer’s negligence to file a lawsuit for damages. Meanwhile, the LHWCA offers compensation for longshore workers, harbor laborers, and other non-seamen injured during maritime operations. General Maritime Law also provides remedies for injuries caused by unseaworthy vessels or unsafe working conditions. Understanding which law applies to your case is critical and requires the expertise of a legal professional familiar with maritime claims.
Steps to Take Immediately After a Maritime Accident
- Seek Medical Attention
Your health and safety should be the top priority. Even if your injuries seem minor, consult a medical professional to ensure a full evaluation. Some maritime injuries, such as head trauma or internal damage, may not present symptoms immediately. Prompt medical treatment not only aids your recovery but also creates documentation essential for any future claim. - Report the Incident to Your Employer
Notify your employer or supervisor about the accident as soon as possible. Provide a detailed account of the events leading up to your injury. Make sure the report includes key details such as time, location, and the conditions that contributed to the accident. - Document the Scene and Gather Evidence
If you are physically able, gather evidence from the scene of the accident. Take photos of the area, equipment involved, and any visible injuries. Record the names and contact information of witnesses, as their testimony may be valuable later. This evidence can be instrumental in proving negligence or unsafe conditions. - Avoid Signing or Agreeing to Settlement Offers
After a maritime accident, your employer or their insurance company may approach you with settlement offers or ask you to sign statements about the incident. These offers often aim to minimize liability and provide less compensation than you may be entitled to. Consult an attorney before signing anything to ensure your rights are protected.
Common Causes of Maritime Accidents
Maritime work is inherently risky, but many accidents result from preventable issues. Common causes include:
- Unseaworthy Vessels: A vessel may be deemed unseaworthy if it lacks proper safety equipment, is poorly maintained, or has an inadequately trained crew.
- Slips and Falls: Wet or oily surfaces, poorly lit areas, and improperly secured equipment are frequent hazards.
- Faulty Equipment: Malfunctioning machinery or tools can lead to severe injuries.
- Negligence: Employers who fail to provide proper training, enforce safety protocols, or address hazardous conditions may be held liable.
- Explosions and Fires: Offshore oil rigs and tankers are particularly prone to accidents involving fire and explosions.
Understanding the cause of your injury is essential for determining liability and pursuing compensation.
Compensation Available Under Maritime Law
In maritime injury cases, compensation typically covers:
- Medical Expenses: Including hospital stays, surgeries, medications, and rehabilitation.
- Lost Wages: For time missed from work due to the injury.
- Pain and Suffering: For physical and emotional distress caused by the accident.
- Maintenance and Cure: A maritime-specific benefit that provides living expenses and medical treatment for injured seamen until they reach maximum medical improvement.
If negligence or unsafe conditions played a role in your injury, you may also be entitled to additional damages.
Why Legal Representation Matters
Maritime injury cases are complex and often involve multiple parties, including vessel owners, employers, and insurance companies. Each party may attempt to shift blame or minimize their liability. An experienced attorney can investigate the circumstances of the accident, identify liable parties, and gather the evidence needed to build a strong case on your behalf.
At Spagnoletti Law Firm, we have experience handling maritime injury claims and understand the intricacies of the laws that govern these cases. We work tirelessly to protect the rights of injured workers and ensure they receive the compensation they are entitled to under the law.
Contact Spagnoletti Law Firm for Help
If you or a loved one has been injured in a maritime accident, don’t wait to take action. The sooner you consult an attorney, the better your chances of securing a favorable outcome. Contact Spagnoletti Law Firm at 713-804-9306 to schedule a consultation. Our team is ready to guide you through the legal process, advocate for your rights, and help you recover the compensation you deserve. You don’t have to face this challenge alone—let us help you take the first step toward justice and recovery.