Hurt offshore, on a vessel or on the docks?

Maritime injuries follow their own laws, and the first question is always which one applies. It depends on where you were hurt and what your job was.

Seamen, crew members with a substantial connection to a vessel, can sue their employer under the Jones Act, claim unseaworthiness against the vessel owner and receive maintenance and cure while they recover.

Dock, terminal, shipyard and harbor workers are often covered by the federal Longshore Act, which pays medical care and wage benefits and lets them sue a negligent vessel.

Workers on fixed offshore platforms on the federal shelf are covered by OCSLA, which provides Longshore benefits and borrows the adjacent state's law.

Families of workers killed at sea or on the water have claims too. Which law applies, the Jones Act, general maritime law, the Death on the High Seas Act or Texas law, depends on where the death happened and what the worker did, and it can change what the family can recover.

Deadlines differ by law. Maritime injury lawsuits generally must be filed within three years; Longshore claims require written notice to the employer within 30 days and a claim generally within one year; Texas claims generally have two years. Knowing which law applies early protects every one of them.

Jimmy Suerken is a Mexican-American attorney who speaks Spanish. Maritime cases have their own rules, and when a case calls for it, he brings in experienced maritime co-counsel and the right experts.

Sources: 46 U.S.C. § 30104 (Jones Act) · Chandris v. Latsis (1995) · 33 U.S.C. § 905 (LHWCA) · 43 U.S.C. § 1333 (OCSLA) · 46 U.S.C. § 30106 (3-year deadline)

Built for maritime cases

• We figure out which law applies first. Jones Act, Longshore Act, OCSLA or Texas law.
• We protect maintenance and cure. And push back when it's too low or cut off early.
• We move fast on evidence. Logs, reports, video and equipment, before vessels and crews move on.
• The right team. Experienced maritime co-counsel and marine safety, medical and economic experts.
• Your whole case in Spanish. Jimmy speaks Spanish; you never need a crewmate to translate.
• No fee unless we win. The consultation is free, and there is nothing to pay up front.

The Ship Channel, the Gulf and all of Texas

Many of our clients work along the Houston Ship Channel and the Gulf Coast, from Pasadena, Deer Park, La Porte, Baytown, Channelview and Galena Park to Texas City, Freeport and offshore.