Offshore Accident Lawyer Houston

The significant dangers of working offshore

We don’t have to tell you that working offshore comes with unique and severe risks. Conditions are often hazardous because of heavy machinery, exposure to harsh weather, and incredibly demanding physical labor. Additionally, offshore workers are often in remote locations, meaning access to immediate medical care can be delayed, which can often compound the severity of already severe injuries.

Some common hazards that you face working offshore include:

• Heavy equipment accidents. The use of large, powerful equipment, like cranes and winches, poses significant risks of crushing or other traumatic injuries. Crush injuries from pipe fittings and incredibly heavy pieces of pipeline are also common. 
• Slip and falls. Oil rigs and ships are covered in slippery surfaces, often leading to severe slip-and-fall injuries.
• Exposure to harmful substances. Offshore workers are often exposed to hazardous chemicals and gasses, which can result in long-term health issues.

Because of the nature of the dangers endemic to offshore work, when an offshore accident does happen, injuries are frequently severe. Having an experienced offshore accident lawyer can help ensure that you or your family members are fully protected and that the protection of your rights is aggressively pursued.

Why you need an offshore injury attorney

Offshore accidents are governed by a distinct set of federal laws, including the Jones Act and the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), which differ significantly from standard workers’ compensation laws. 

These laws exist to ensure that injured maritime workers receive just compensation, but the claims process is complex and often contested by employers and insurance companies. A few reasons why you will need a good offshore injury attorney include:

• Maritime laws are complex. The Jones Act, general maritime law, and LHWCA are all packed with nuance; hiring a lawyer who understands these regulations will help ensure that you receive the maximum benefits available.
• Proving negligence is difficult. Especially because oil, shipping, and other corporations involved in offshore drilling have large teams of high-powered lawyers working around the clock to minimize what injured employees are owed. 
• Maximizing compensation requires negotiation. If corporations offer workers’ compensation, they are unlikely to freely let go of much more. The problem with this is that workers’ comp rarely compensates injured parties fully for lost wages, rehabilitation, or pain and suffering experienced from the accident. 

In order to prove that your injury occurred because of someone else’s negligence and present a case for your maximum compensation, you will need a Houston work injury attorney with a deep understanding of personal injury and maritime laws. 

Worker protections under the Jones Act

The Jones Act is a federal law that provides protection for seamen who are injured due to employer negligence. Seamen covered under the Jones Act must spend a substantial amount of time working on vessels in navigable waters, and they are entitled to sue their employer for injuries resulting from unsafe conditions, lack of proper equipment, or inadequate training.

Under the Jones Act, employers have a duty to:

• Provide a safe working environment
• Maintain vessels in a seaworthy condition
• Supply adequate training and supervision to prevent injuries

The Jones Act allows seamen to recover compensation for lost wages, medical expenses, pain, and suffering. An experienced maritime lawyer can help identify if you qualify under the Jones Act and can help you seek maximum compensation. 

Longshoremen’s and Harbor Workers’ Compensation Act

For maritime employees who don’t qualify as seamen under the Jones Act, the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) may be able to provide some protections. The LHWCA covers those working on or near “navigable waters,” including longshoremen, harbor workers, and certain other maritime employees.

Some key provisions under the LHWCA include:

• Navigable waters coverage. The LHWCA specifically covers workers injured on navigable waters or in adjoining areas, such as docks and terminals.
• Rehabilitation and retraining benefits. The LHWCA includes coverage for rehabilitation, helping injured workers regain skills or learn new ones to accommodate their injuries. 
• Death benefit. In the event of a fatality, the LHWCA may provide financial support to your surviving dependents.

While the LHWCA helps ensure that maritime workers who don’t qualify under the Jones Act can still access support and compensation, it is no replacement for a maritime injury lawyer. You need an attorney with the knowledge and experience to leverage both the Jones Act and the LHWCA to get you and your family the best settlement possible. 

Common causes of accidents on oil rigs

Oil rigs are some of the most hazardous environments imaginable for workers, and accidents happen frighteningly often. Some of the most common causes of offshore injuries include:

• Blowouts and explosions. Oil rigs face a high risk for blowouts, often resulting from pressure changes or equipment failures, which can lead to devastating fires and explosions that necessitate explosion injury attorneys.
• Falls from heights. Due to the elevated platforms and equipment on rigs, combined with the unpredictable weather of the deep sea, falls from up high are common and often severe.
• Mechanical failures. Heavy machinery can malfunction if not properly maintained, posing risks of severe injury.
• Transportation accidents. Workers often travel to rigs via helicopters or boats, both of which often involve moving through hazardous conditions.

No matter the cause of your injury, the attorneys at Calderon Law Firm will meticulously investigate the cause of your offshore injury, identify liable parties, and pursue justice for any negligence or failure to maintain safe conditions.

Common injuries sustained by longshore and harbor workers

Because of the hazards already identified, offshore accidents often lead to serious and long-lasting injuries, including:

• Traumatic brain injuries (TBIs). Head injuries are common due to falls and impacts from heavy equipment. If you’ve suffered a head injury, there’s no telling how far-reaching the implications will be. 
• Spinal cord injuries. Falls and machinery accidents can cause life-altering spinal injuries, often requiring ongoing treatment and indefinite amounts of care.
• Burns. Fires and explosions can lead to severe burns, which may require extensive medical treatment, reconstructive surgeries, and severe disfigurement, which can impact quality of life. 
• Fractures and lacerations. Broken bones and deep cuts resulting from falls or handling equipment are often secondary or tertiary concerns despite the fact that they can be so severe. 

Not only will these injuries put you out of commission for a while, they might prevent you from ever returning to your job offshore, putting your future and your family’s well-being in jeopardy. To support your recovery and protect your family, make sure you hire a Houston personal injury lawyer who can help fight for maximum compensation and make sure your rights are protected. 

Statute of limitations in offshore injury cases

Most personal injury claims in Texas have a statute of limitations of two years from the date of the injury — but offshore cases can be different. 

Offshore injury claim statutes of limitations can vary depending on the circumstances of the accident and the governing maritime law. For instance, for Jones Act claims, injured workers often have three years from the date of the accident to file a lawsuit instead of the standard two. 

However, other laws like the LHWCA may have different timelines, and many offshore claims will still have the two-year statute of limitations apply. This is why you’ve got to act quickly, as failing to file within the statute of limitations can bar you from receiving compensation entirely. 

Seek justice with a Houston maritime lawyer from Calderon Law Firm today

If you or a loved one has been injured offshore, you don’t have to face the aftermath alone; a Houston offshore accident lawyer from Calderon Law Firm can help you seek justice. Remember, you can’t trust the oil company or the insurance company to do the right thing. If you want to make sure that your family is taken care of, you need an attorney you can trust by your side. 

Whether you need an attorney for a car accident, truck accident, or a devastating offshore accident, Jose Calderon and the attorneys at Calderon Law Firm are prepared to guide you through what comes next.

Call Calderon Law Firm at (346) 999-5673 or contact us online today to schedule a consultation.