Houston Maritime Attorneys

The Basics of Maritime Law

Maritime law is derived from many sources, including federal statutes and general maritime law. These sources provide some of the maritime doctrines that are commonly used in cases involving vessels and their passengers and crew.

Maritime law sets forth many basic legal tenets associated with the sea and seamen:

• Seaman’s Right to Maintenance & Cure: Maintenance and cure refer to the benefits a seaman is entitled to until he/she recovers and is fit for duty. However, there is a maximum medical improvement limit that can control the amount of compensation received. Maintenance includes such expenses as the seaman’s rent or mortgage, utilities, property taxes, homeowner’s insurance, and food. Cure is similar to workers’ compensation benefits for employees; it covers costs related to medical treatment for the work-related injury. A seaman is someone who is a captain or crew member aboard a vessel in navigation. Also similar to workers' compensation, maintenance and cure do not require that the seaman prove any fault for their injury—the employer is required to pay.
• The Jones Act: The Jones Act is a federal law that gives seamen a statutory right to sue their employer for personal injury damages. However, a seaman must spend at least 30% of their time working on a vessel to qualify for the Jones Act. Not only does the Jones Act provide the seaman a statutory right to sue their employer, but it also eases the burden of proof needed to prove causation between the employer’s negligence and the seaman’s injury; under the Jones Act, the employer’s negligence only needs to play a part in the seaman’s injury rather than being a proximate cause. The Jones Act also incorporates aspects of the Federal Employment Liability Act. In particular, claims filed in state court under the Jones Act are not removable to federal court.
• The Death on the High Seas Act: When the death of an individual is caused by a wrongful act or neglect occurring on the high seas, the DOHSA guarantees that a personal representative of the decedent can bring a claim.
• The Saving to Suitors Clause: Federal law establishes exclusive jurisdiction for admiralty and maritime cases in the federal district courts absent any language indicating the contrary within a statutorily created right, such as the Jones Act. However, the “saving to suitors” clause reserves any non-admiralty remedies that may be available to an individual. An example of an admiralty remedy is a suit in which the claim is brought against the ship.
• The Longshore and Harbor Worker’s Compensation Act: Federal law created certain statutory rights for employees not necessarily “seamen” but who nonetheless work on harbors or vessels that are under repair or being built. This law covers longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers. Injuries must occur on navigable waters or an adjoining area, such as a dock. This law provides for compensation and medical care for an individual injured while on the job, or survivor benefits. The Outer Continental Shelf Lands Act extends the LHWCA to employees engaged in offshore drilling on the Outer Continental Shelf.

The scope of maritime law is broad yet specialized, with countless nuances that may influence one's case and right to compensation. From claims of unseaworthiness and negligence under the Jones Act to instances where companies attempt to avoid accountability through the Limitation of Liability Act, injured workers in all areas of the maritime industry need experienced legal counsel to seek the fair and complete compensation they deserve. 

Our maritime law attorneys help seamen, longshoremen, and offshore crews in Houston, Texas, and across national and international waters.

History of Admiralty & Maritime Law

Maritime law—also referred to as admiralty law—is nearly as old as the shipping industry itself and governs most accidents that occur on navigable waters. The law’s roots can be traced back to the unwritten customs of nautical behavior of the Egyptians and Greeks. However, the earliest formal codes were established around 900 BC on the Greek island of Rhodes. The original maritime laws and codes stemmed from the ancient customs and rules of shipping.

For example, the Doctrine of General Average—the concept that all sea cargo stakeholders (owner, shipper, etc.) evenly share any damage or losses that may occur as a result of a voluntary sacrifice of part of the vessel or cargo to save the whole—can be traced back to the early shipping customs of the Rhodians.

The concept of a separate legal authority regulating maritime issues was brought to the west by Eleanor of Aquitaine, who learned of the concept when she accompanied her first husband King Louis VII of France to the Mediterranean on the Second Crusade. The term admiralty law came from the British admiralty courts, which presided over maritime matters separately from England's common law courts. As the U.S. judicial system is based on the British system, amended admiralty laws were gradually incorporated into our legal system soon after the Constitution was ratified.

Though still based on industry standards and customs, maritime law is largely found in the U.S. Constitution, treatises and international conventions, federal statutes, general maritime law, and other judicial decisions, administrative regulations, and customs.

With international trade, offshore drilling, and offshore wind energy continually evolving and expanding, maritime law remains vital in managing modern maritime issues. Its evolution reflects a commitment to protecting maritime workers and aligning maritime practices with contemporary legal standards. As maritime law continues to develop, understanding its history is crucial for envisioning its future trajectory.

Jurisdiction in Maritime Law Cases

In the U.S., jurisdiction over admiralty law matters was originally given to the federal courts. However, today most admiralty cases can be heard by both state and federal courts under the Saving to Suitors Clause in Title 28 of the United States Code (28 U.S.C. § 1333). The exception to this is any matter involving maritime property; those cases may only be tried in federal court. If a state court presides over an admiralty case, the court is required to apply admiralty law.

Jurisdiction is a critical element in maritime legal proceedings, as the correct forum can significantly impact the handling and result of a case. The division of state and federal jurisdiction allows for flexibility and accessibility for all parties involved. Understanding this division is pivotal for selecting the right path for legal recourse and for ensuring that procedures align with the established norms of maritime law. As highly experienced maritime attorneys, we know how to seek the ideal venue for each client's case in terms of timeliness and success.

When Does Maritime Law Apply?

Perhaps most obviously, maritime law applies to events that occur on high seas—accidents that happen beyond the territorial waters of any country. Furthermore, maritime law applies to the territorial sea, which are waters within 12 miles of the shore. However, the law’s applicability becomes less clear further inland. Early in U.S. history, maritime law did not apply to incidents that occurred within the “body of the country” and therefore excluded incidents involving the Great Lakes and nontidal inland waterways. However, throughout the 19th century, this exclusion eroded away.

Maritime law is now applied to “navigable waters.”

A waterway is deemed navigable if by itself, or by uniting with other waters, it can serve as a “continued highway over which commerce is or may be carried on with other States or foreign countries.” Consequently, if a body of water is completely landlocked within a single state, then it is not navigable for purposes of admiralty jurisdiction. However, a body of water doesn’t need to flow between states to be deemed navigable. A body of water may be deemed navigable if it is a link in a chain of bodies of water that can be used to service interstate commerce. Ultimately, the test is that the commerce of one state must be capable of being carried into another state or a foreign country. Once this test has been passed, it is likely that maritime law will be applicable, even if it is a recreational vessel.

Understanding when and where maritime law applies is essential for maritime professionals and legal practitioners alike. It not only defines the scope of maritime activities under legal jurisdiction but also guides companies and individuals in adhering to maritime regulations. This understanding clarifies the legal expectations for navigable waterways, ensuring that maritime operations comply with both national and international standards.

Roles & Responsibilities in Maritime Law: A Closer Look

The roles defined within maritime law are as diverse as they are vital, encompassing a wide range of duties and responsibilities that are crucial to maritime operations. Above all, shipowners shoulder the crucial obligation of making sure vessels are seaworthy, properly maintained, and fully equipped and crewed to prevent accidents. This includes inspecting and servicing machinery, creating solid safety protocols, and fostering an environment where hazards are promptly addressed and corrected. When shipowners fall short of these standards, they can be held liable under maritime laws such as the Jones Act or the principle of maintenance and cure.

Maritime employers—such as commercial shipping companies, offshore operators, and other industry stakeholders—also carry significant responsibility. They must hire qualified crews, schedule shifts that minimize fatigue, and keep strict oversight of onboard conditions. Failing to meet these obligations can lead to serious violations of federal regulations, as well as expose employers to considerable liability if their negligence results in injuries.

Maritime attorneys also play a vital role in safeguarding the rights of seamen who are injured due to negligent practices or unsafe conditions onboard. Their guidance helps injured workers navigate the legal complexities of maritime law and secure the financial support needed to recover. Taken together, these responsibilities—and the lawyers who help enforce them—are designed to ensure that every individual at sea benefits from a safe workplace and that those who fail to prioritize safety are held accountable.

Incidents That Require Texas Maritime Accident Attorneys

Houston maritime injury attorneys exist to protect the rights and interests of all workers in the maritime industry and to help injured seamen or dock workers get the compensation they need to recover from serious injuries and afford long-term medical costs that occurred offshore. That includes any accidents that occur on "navigable waters" (rivers and oceans) and in harbors or docks.

Our maritime lawyers have represented clients who were injured in:

One notable aspect of maritime accidents is they're often devastating. Oil rig explosions cause significant damages, vessel collisions are frequently catastrophic, and oil platforms can unfairly change the lives of workers. Maritime lawyers fight to help workers recover the compensation they deserve, whether they're suffering after a major explosion or have injuries caused by unsafe working conditions. Our maritime attorneys represented more crew members of the Deepwater Horizon and the El Faro than any other law firm. We not only understand maritime law but the practices and culture of maritime employers. Speak with us to discuss your case so we can go over your legal and financial options.

Maritime Law in Houston, Texas & the Gulf of Mexico

Climate Challenges in Houston's Maritime Operations

Houston's proximity to the Gulf of Mexico subjects its maritime operations to unique climate challenges that require rigorous preparation and response strategies. The region is prone to severe weather events, including hurricanes and tropical storms, which can severely impact offshore and onshore maritime activities. These conditions necessitate comprehensive emergency response plans and safety measures to protect workers and infrastructure.

Maritime companies operating out of the Houston area must implement advanced forecasting systems to monitor weather patterns and issue timely alerts. These systems are vital for planning and executing evacuation procedures and other precautionary measures. Regular training drills are also essential for ensuring that all personnel are prepared for emergency situations. This climate-aware approach not only safeguards lives but also protects property and minimizes operational disruptions, showcasing the resilience and adaptability in Houston's maritime domain.

How Houston's Proximity to the Gulf of Mexico Affects Local Maritime Law

Houston's location near the Gulf of Mexico significantly influences local maritime activities and legal considerations. The proximity amplifies the economic importance of the maritime industry in the area, leading to extensive offshore drilling, shipping, and recreational boating activities. This geographic positioning demands enhanced regulatory oversight concerning safety protocols and environmental protection, making maritime law particularly pertinent in the region. 

Companies operating in Houston must comply with both federal maritime regulations and any state-specific laws tailored to protect the Gulf's unique ecosystem, as well as its communities and workers.

Maritime Law: Applications for Employers & Injured Workers

Maritime Law as It Applies to Employers

Under general maritime law, shipowners are required to keep their vessels maintained per a certain standard. As the employer and owner, the vessel holder must preserve the safety and structure of the ship in a way appropriate for all employees on board. Manning, equipping, and supplying the vessel are all key aspects of a shipowner's duty per maritime law. Subsequently, if an employee of the vessel becomes injured or ill due to a ship’s unseaworthiness, the owner will be held accountable for any loss.

Maritime law sets a high standard of accountability for employers, mandating that they ensure the safety and well-being of their crew. The responsibility extends beyond the maintenance of the vessel to include providing adequate safety training and ensuring that all equipment is up to code. Employers must proactively mitigate risks associated with maritime operations to prevent incidents that could lead to legal ramifications under maritime statutes.

How Does Maritime Law Provide for Hurt Workers?

Without maritime law, injured seamen would be left on their own with the suffering they sustained while working. Anytime a ship employee becomes injured or sick, the vessel owner is required to reimburse their losses. Maritime law refers to this reimbursement as maintenance and cure, meaning that until the seaman fully recovers, the employer must provide for their affliction. The court views this obligation as an unquestionable duty that the shipowner owes any seaman aboard their vessel. Seamen are also eligible to recover full wages for the length of the voyage during which they sustained injuries or illness. An employment contract may dictate the amount of unearned wages a seaman can receive.

Maintenance and cure are vital protections under maritime law, ensuring that injured maritime workers receive necessary support without proving employer fault. This framework empowers workers, providing security in an inherently risky industry. Understanding these rights encourages transparency between workers and employers, fostering a safer working environment and reinforcing the accountability of maritime employers to uphold the highest safety standards.

Understanding Maritime Injuries

Working on the water remains one of the most hazardous ways to make a living. According to the CDC, maritime industries have higher occupational injury, illness, and fatality rates than the national average for all U.S. workplaces.

Across shipyards, marine terminals, and offshore vessels, maritime employees face challenges that surpass typical workplace risks. Commercial fishing, for instance, has earned a reputation as one of America’s most dangerous jobs, while those in marine transportation experience a fatality rate more than four times higher than the national average. From crowded shipping lanes to unpredictable weather, these conditions require employers and vessel owners to uphold stringent safety measures—or risk severe consequences for workers.

Maritime activities unfold in diverse environments, from port operations that handle complex cargo logistics to seafood processing facilities and aquaculture sites. Many of these businesses are small or seasonal, sometimes based in remote locations, making consistent oversight and regulation more difficult. In certain scenarios, employees live and work on the same vessel, navigating long hours and harsh conditions with limited access to immediate medical care. These factors, combined with the inherent dangers of heavy machinery, slippery decks, and shifting cargo, underline why maritime employers must meet rigorous standards of training and maintenance.

Those in charge of a vessel are responsible for maritime injuries. Vessel owners and employers must ensure they provide safety training for workers and ensure that their ships and rigs are seaworthy. This is true even in the face of natural disasters and heavy weather like hurricanes and tropical storms. Rough seas are no excuse for a vessel capsizing or sinking, if the owner knew of the storm and failed to evacuate crew or take measures to evade it.

Vessel owners and employers are responsible for making sure the following exist:

By recognizing the heightened risks found across maritime industries, employers must develop targeted strategies to reduce injuries and fatalities—whether through updated safety protocols, thorough vessel inspections, or proper crew rotation. When accidents do happen, maritime law comes into play, holding negligent parties accountable and ensuring that injured workers have the resources they need to recover and move forward.

Catastrophic Maritime Injuries

In some instances, an offshore accident can cause injuries that are so serious that they change a person's life permanently. These types of injuries are so notorious that the medical and legal community has a word for them: catastrophic injuries. When a person has this type of offshore injury, their injuries will likely impact the rest of their life. In some instances, certain injuries mean that a person won't be able to earn a living with physical work as they once did. In other cases, it means that every aspect of a person's life is impacted by the severity of their injuries.

Serious maritime injuries that change lives include:

Often, these offshore injuries require a lifetime of medical care. When workers are suffering from an accident they didn't cause, they deserve compensation for the care that will make their life as comfortable as possible.

The psychological impact of catastrophic injuries also cannot be overlooked. Victims may face depression, anxiety, or PTSD as they grapple with their new realities. Legal advocacy for these victims often extends beyond financial compensation, aiming to secure the necessary mental health resources and supportive services. It is crucial that these components are included in any comprehensive approach to maritime injury claims.

Maritime Burn Injuries

One of the most catastrophic injuries that can occur in a maritime accident is a burn injury. If you suffered a burn injury during a maritime accident, it is vital to contact a top-rated Houston maritime burn injury lawyer as quickly as possible. Arnold & Itkin has helped hundreds of injured seamen advocate for their rights, including those who have suffered serious burn injuries while working offshore. Experienced maritime workers know that fires can ignite in most offshore environments. These incidents can lead to severe burn injuries.

Common causes of offshore burn injuries include the following:

• Contact with Hazardous Chemicals: Highly flammable chemicals can cause severe burns.
• Electrical Accidents: Faulty or improperly handled electrical equipment can spark a fire.
• Engine Room Fires: Malfunctions in the engine room can cause an explosion or fire.
• Equipment Malfunctions: Hazardous or defective equipment can cause a fire.
• Explosions: Caused by highly flammable chemicals used for vessels or onboard equipment.

The recovery process for burn injuries is often long and painful, involving multiple surgeries, skin grafts, and extensive rehabilitation. The emotional and physical toll is significant, requiring comprehensive support and medical care. Recognizing the severity and long-term implications of maritime burn injuries is vital for securing necessary resources and compensation.

Maritime Brain Injuries

Head injuries occur frequently in the maritime industry—depending on the severity of the injury, lifelong treatment may be needed. In many cases, it may seem as though injury could not have been prevented; in reality, many brain injury accidents could have been prevented with the proper precautions. If that's the case, you may be able to file a claim.

Some of the most common causes of brain injuries include:

When a maritime worker suffers a head injury, it's one of two types: a closed head injury or an open head injury. A closed head injury is when an injury doesn't cause the skull to be broken, fractured, or pierced. An open head injury is when the skull is pierced or fractured. Although open head injuries may seem more severe, closed head injuries are difficult to diagnose and can require extensive treatment. 

Common symptoms of brain injuries include:

• Cognitive Damage – Memory loss, trouble with concentration and attention.
• Sensory Symptoms – Loss of vision, hearing loss, or loss of taste or smell.
• Physical Symptoms – Seizures, headaches, paralysis, insomnia, chronic pain, or language difficulties.
• Behavioral/Emotional Symptoms – Irritability, anger, depression, and dramatic mood swings.

Beyond physical damage, brain injuries can affect a maritime worker's cognitive abilities, personality, and emotional health. Rehabilitation may involve physical therapies, counseling, and long-term medical care to help victims regain independence and quality of life. Addressing these needs requires a comprehensive strategy encompassing various medical and therapeutic interventions.

Maritime Amputation Injuries

Maritime amputation injuries are most often caused by negligence. If an employer or vessel owner fails to maintain equipment, train the crew, or create a safe work environment, it can cause the type of incident that leads to amputation.

Amputation accidents at sea may be caused by:

• Unsecured cargo
• Navigation collisions
• Lack of safety and equipment training
• Defective and malfunctioning equipment

Surgery is required to treat a lost limb or to amputate a limb. Once you have had surgery, you may still need extensive physical and emotional therapy to help you adjust to the new reality of missing a limb or using a prosthetic limb. These payment costs can be difficult for an injured maritime worker to handle, especially while supporting a family. Our maritime law firm often has to help our clients rebuild their financial security in the wake of costly medical treatments. This is why it is vital to contact a maritime amputation injury attorney as soon as possible.

It is vital to work with equipment and machinery that is regularly maintained so that it is working correctly. It is the employer’s responsibility to ensure that workers are properly trained to use the equipment. If your employer has not met this standard and you lost a limb as a result, they were negligent and should be held accountable.

Recovering Full Costs for Maritime & Offshore Accidents

Following a serious accident, injured seamen may face a host of costs. These do not only have an immediate impact but can affect them for years. In almost all cases, the immediate effects are obvious in the inability to work, steep bills, and the pain and suffering associated with the injury or illness. Even the future costs of rehabilitation are often well-known. However, it is not always easy to see what the future costs of an injury will be. In some cases, the individual may require lifelong medical attention or may eventually pass away from the side effects. For this reason, it is crucial that the injured and their family recover just damages for the injury under maritime law.

Consider these costs that could result from a maritime injury or death of a seaman:

When pursuing compensation, it is essential that all potential damages are considered in settlement negotiations. This encompasses not only immediate medical expenses and lost wages but also future financial losses, therapy, and quality-of-life considerations. A comprehensive legal approach can ensure that all avenues of compensation are explored, providing stability and peace of mind for the injured party and their loved ones.

What Are Common Causes of Maritime Injuries?

Common causes of maritime injuries are accidents that should have been prevented and weren't. Importantly, it's the duty of vessel owners and employers to prevent these accidents and protect workers.

Maritime injuries are often caused by:

Raising awareness about these causes can lead to proactive safety measures and preventive strategies within the maritime industry. Employers must implement stringent safety protocols and regular training sessions to foster a culture of safety, and workers have the right to report unsafe working conditions and to seek compensation if injured on the job.

Maritime Injuries: Do You Know Your Rights?

After a maritime accident, one of the most important things you can do is to ensure all your needs are met; however, this can be difficult. Knowing your rights and options under maritime law can make all the difference.

Therefore, it is important to keep in mind a few issues that could be compromised.

• First, remember you have the legal right to select your doctor. Never feel obligated to choose the doctor's office or attending physician your business or insurance company may be pushing on you. Often, you will need to see the recommended doctor for an evaluation, but this is the extent of your obligation. Who you choose for treatment is up to you, and you should not be threatened by any employer or adjuster you may be working with regarding your case.
• Second, you are entitled to medical treatment. The provision of medical benefits is protected under the Jones Act, so injured workers need not worry about being compensated for recovery. This is true regardless of who may be at fault for the accident. Furthermore, the Jones Act protects injured seamen who may be given differing opinions by doctors. This means that if one doctor recommends treatment while another claims it is not necessary, the disagreement will be resolved in favor of treatment. Unfortunately, many injured seamen have not been hurt for the first time. However, if a pre-existing condition is aggravated, then employers will be obligated to ensure that adequate coverage is provided. All that will be needed is an evidentiary statement made by your doctor on your behalf. You are entitled to medical benefits and financial maintenance payments, whether or not you sign paperwork brought forth by an insurance adjuster. In fact, it is in your best interests to be cautious of any documents brought to you by an insurance adjuster; they often don't have your safety and well-being as a priority. As such, you should be hesitant to sign any paperwork under the condition that medical benefits and/or maintenance payments rely on a signature.
• Third, you are not required to give a recorded statement after any sort of accident and/or injury. Of course, reporting the incident as quickly as possible is a crucial step of the process; however, attention must be paid to the fact that many accidents can affect the memory and mental functioning of an injured person. Therefore, it is unwise to record a statement of events that may later need to be adjusted—a process that can prove to be quite difficult.

From the initial filing of a claim to the preparation and proceedings of a court case, there are a number of instances in which your rights can be compromised. Unsympathetic employers and insurance companies care little, if at all, about the well-being of injured employees. Therefore, is it imperative to seek legal representation from an attorney who does care.

What Should I Do After a Maritime Accident?

Why Do I Need to Hire a Houston Maritime Injury Lawyer?

If you are not ready to consider litigation, you should still consult with an experienced Texas maritime attorney to discuss your claim. In many instances, your company may ask you to sign an agreement or release in exchange for payment of unearned wages, maintenance, or medical benefits. It is imperative that you have any documents you are given reviewed by a competent Houston maritime injury attorney before signing so you do not waive any of your rights to recovery.

Perhaps the most important reason you need a lawyer is that employers and insurance companies have teams of lawyers representing them. Their goal is to dispose of your claim as cheaply as possible. The only way to level the playing field with your employer or the insurance company is to have an experienced attorney representing your interests. As an injured employee, you are new to the process, whereas your employer, their insurer, and their attorneys deal with these cases regularly. It is critical that you have a team who regularly handles maritime law claims.

Having legal representation ensures that all aspects of your situation are considered, from the initial filing to potential courtroom proceedings. An attorney can strategize on your behalf, exploring all avenues for compensation and ensuring compliance with maritime laws. Their guidance can be the difference between an insufficient settlement and full, fair compensation.

Hire a Top-Rated Texas Maritime Accident Attorney for Your Case

An experienced maritime lawyer can review your case's facts and determine your best legal options.

They will do this by examining the following:

• Your worker status at the time of injury
• The seaworthiness of the vessel you were working on
• The timeframe for bringing a claim
• All other factors that may have contributed to your injury

Another reason you may benefit from hiring a lawyer is they know how to deal with offshore companies. On your own, you may feel like you have no hope. After all, you're just one person, and your company is likely an established corporation. There is no reason why you can't have aggressive representation as well.

A skilled attorney offers strategic insight specific to maritime cases, leveraging their knowledge to maximize your compensation opportunities. They possess the resources to conduct thorough investigations, support expert testimonies, and navigate the often complex legal processes inherent in maritime claims. Trusting in their advocacy can provide peace of mind and empower you to focus on recovery.

Our Texas Maritime Lawyers Can Help: Call (888) 493-1629!

At Arnold & Itkin, we have seen all too often how maritime injuries occur not only in the Gulf of Mexico but also in our inland waterways and around the globe. For this reason, we remain wholly committed to helping injured workers and their families recover just compensation. We believe what we do is about more than just money. We work tirelessly to see that our clients recover not only financially, but physically, emotionally, and mentally.

Our team is dedicated to helping people and families who have suffered from life-changing injuries recover the compensation they need for past, current, and future costs. We help clients nationwide, including Dallas, Baton Rouge, and beyond. Armed with years of experience, we have a unique perspective in our approach, and we will work toward helping our clients receive the compensation that they need to pay for the long-term costs.

If you believe you have a case that falls under maritime law, contact our firm. During your free consultation, you can get your questions answered and learn how we can help.