On the Water, Under the Law: Maritime & Offshore (Jones Act) Injuries in Texas

The Gulf of Mexico. The Texas coast. The inland waterways that connect our state to the world. For those who work on the water—commercial fishermen, oil rig workers, tugboat crews, deckhands—the job comes with unique dangers. Heavy equipment, shifting decks, unpredictable weather, long hours far from shore. When an offshore worker is injured, the consequences can be devastating. But the laws that protect them are unlike any other in the nation. The Jones Act, general maritime law, and the Longshore and Harbor Workers’ Compensation Act create a complex web of rights and remedies.

At Barton & Associates, Attorneys at Law, we represent maritime and offshore workers across Texas who have been injured on the job. From the ports of Houston and Corpus Christi to the offshore rigs in the Gulf, from the barges on the Intracoastal Waterway to the fishing boats that work our coast, we understand the unique challenges of maritime work. Our attorneys have spent decades fighting for the rights of those who work on the water.

We know that maritime law is different. The Jones Act allows injured seamen to sue their employers for negligence—and recover full damages, including pain and suffering. The remedies are broader, the deadlines are shorter, and the rules are unique to the maritime industry. We know how to investigate maritime accidents, hold employers accountable, and build cases that get injured workers the compensation they deserve.

If you work on the water and have been injured on the job, you are not alone. Let us help you navigate the complex waters of maritime law.

Understanding Maritime and Offshore Injury Law

Maritime law—also known as admiralty law—governs injuries that occur on navigable waters. Depending on your job and where you work, your claim may be governed by the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), or general maritime law.

The Jones Act (46 U.S.C. § 30104):

• Applies to “seamen”—workers whose jobs contribute to the function of a vessel

• Allows seamen to sue their employers for negligence

• Provides full damages, including pain and suffering

• No workers’ compensation—you must prove negligence

The Longshore and Harbor Workers’ Compensation Act (LHWCA):

• Applies to maritime workers who are not seamen—longshoremen, harbor workers, ship repairers

• Provides workers’ compensation benefits (medical expenses, lost wages)

• No pain and suffering

• No need to prove negligence

General Maritime Law:

• Applies to unseaworthiness claims, maintenance and cure, and other maritime remedies

• Available to seamen in addition to Jones Act claims

For maritime workers across Texas, understanding which law applies is the first step toward recovery.

Who Is Covered by the Jones Act?

The Jones Act covers “seamen”—workers whose jobs contribute to the function of a vessel and who have a substantial connection to a vessel in navigation.

To Qualify as a Seaman:

• Your work must contribute to the function of a vessel

• You must have a substantial connection to a vessel (or fleet of vessels)

• The connection must be substantial in terms of duration and nature

Who Is a Seaman:

• Commercial fishermen

• Offshore oil rig workers (on floating rigs)

• Tugboat and towboat crews

• Ferry workers

• Dredge operators

• Deckhands

• Captains and mates

• Engineers

Who Is NOT a Seaman:

• Workers on fixed platforms (generally covered by LHWCA)

• Longshoremen (covered by LHWCA)

• Harbor workers (covered by LHWCA)

For those in the Texas maritime industry, determining your status as a seaman is essential to your claim.

How to Prove a Jones Act Claim

Proving a Jones Act claim requires showing that your employer was negligent and that its negligence caused your injury.

Step 1: Establish the Employer’s Duty

Under the Jones Act, employers have a duty to provide a safe workplace. This includes:

• Providing safe equipment

• Maintaining safe vessels

• Providing adequate training

• Enforcing safety rules

• Providing adequate staffing

Step 2: Prove Negligence

You must show that the employer breached its duty. Common examples:

• Defective equipment (winches, cranes, deck machinery)

• Unsafe working conditions (slippery decks, inadequate lighting)

• Failure to train

• Understaffing leading to excessive hours and fatigue

• Failure to enforce safety rules

Step 3: Prove Causation

Under the Jones Act, you need only show that the employer’s negligence played any part—even the slightest part—in causing your injury. This is the same low standard as FELA.

Step 4: Document Your Damages

• Medical expenses

• Lost wages

• Pain and suffering

• Emotional distress

• Loss of earning capacity

• Future medical needs

For maritime workers across Texas, proving a Jones Act claim requires a thorough investigation and an attorney who understands the unique standards of maritime law.

Maintenance and Cure

In addition to Jones Act claims, seamen are entitled to “maintenance and cure”—a maritime remedy that provides for living expenses and medical care, regardless of fault.

What Is Maintenance?

• Daily living expenses (food, housing) while you are unable to work

• Paid until you reach maximum medical improvement

What Is Cure?

• Medical expenses related to your injury

• Paid until you reach maximum medical improvement

Why It Matters:

Maintenance and cure is available regardless of fault. Even if you were partially at fault for your injury, you are entitled to maintenance and cure. Employers who wrongfully deny maintenance and cure can be liable for punitive damages.

For injured seamen across Texas, maintenance and cure provides essential support while you recover.

Unseaworthiness

In addition to Jones Act negligence claims, seamen can also sue for “unseaworthiness”—a claim that the vessel was not reasonably fit for its intended purpose.

What Is Unseaworthiness:

• The vessel or its equipment is not reasonably safe

• The crew is inadequate or incompetent

• The vessel lacks proper safety equipment

• The vessel has dangerous conditions

What You Must Prove:

• The vessel was unseaworthy

• The unseaworthiness caused your injury

No Proof of Negligence Required:

Unlike Jones Act claims, unseaworthiness claims do not require proof of negligence. You need only show that the vessel was unsafe and that the unsafe condition caused your injury.

For maritime workers across Texas, unseaworthiness claims provide an additional remedy beyond Jones Act negligence.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

Not all maritime workers are seamen. Longshoremen, harbor workers, ship repairers, and workers on fixed platforms are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Who Is Covered:

• Longshoremen and stevedores

• Harbor workers

• Ship builders and repairers

• Workers on fixed offshore platforms

• Workers on docks, piers, and terminals

What LHWCA Provides:

• Medical expenses

• Lost wages (two-thirds of average weekly wage)

• No pain and suffering

• No need to prove negligence

Section 905(b) Claims:

If you are injured by the negligence of a vessel owner (not your employer), you may have a third-party claim under Section 905(b) of the LHWCA. These claims allow recovery for pain and suffering.

For those in the Texas maritime industry, understanding whether you are covered by the Jones Act or LHWCA is essential.

Common Maritime Injuries

Maritime work is dangerous. The combination of heavy equipment, moving vessels, and unpredictable seas creates unique risks.

Common Injuries:

• Back and Spinal Injuries: Heavy lifting, slips and falls, vessel motion

• Traumatic Brain Injuries: Falls, being struck by equipment

• Crush Injuries: Caught between vessels, equipment failures

• Amputations: Winches, lines, machinery

• Burns: Steam, chemicals, electrical

• Repetitive Stress Injuries: Carpal tunnel, tendonitis

• Hearing Loss: Continuous noise exposure

• Drowning and Near-Drowning: Falls overboard, vessel capsizing

What You Must Prove:

• The employer’s negligence caused or contributed to your injury

• For unseaworthiness, the vessel was unsafe and that condition caused your injury

For maritime workers across Texas, serious injuries require serious legal representation.

The Statute of Limitations for Maritime Claims

Maritime claims have strict deadlines. Missing a deadline can bar your claim forever.

Jones Act:

• Three years from the date of injury

• For occupational diseases, three years from discovery

LHWCA:

• One year from the date of injury to file a claim

• For third-party claims (Section 905(b)), three years

Maintenance and Cure:

• No specific statute of limitations, but delays can prejudice your claim

Why It Matters:

The deadlines are strict. If you miss the deadline, you lose your right to recover. Contact an attorney as soon as possible after your injury.

For maritime workers across Texas, time is of the essence.

Frequently Asked Questions About Maritime/Offshore (Jones Act) Claims in Texas

When maritime workers come to our office—whether from the ports of Houston, the offshore rigs in the Gulf, or the inland waterways—they often have questions about their rights. Here are the answers to the most common inquiries we receive.

What is the Jones Act?

The Jones Act is a federal law that allows seamen to sue their employers for negligence when they are injured on the job.

Who is a seaman?

A seaman is a worker whose job contributes to the function of a vessel and who has a substantial connection to a vessel in navigation.

What is the difference between the Jones Act and LHWCA?

The Jones Act covers seamen and allows recovery for pain and suffering. LHWCA covers longshoremen and harbor workers and provides workers’ compensation benefits (no pain and suffering).

What is maintenance and cure?

Maintenance and cure is a maritime remedy that provides living expenses (maintenance) and medical care (cure) to injured seamen, regardless of fault.

What is unseaworthiness?

Unseaworthiness is a claim that the vessel was not reasonably fit for its intended purpose. No proof of negligence is required.

What is the statute of limitations for Jones Act claims?

You have three years from the date of injury to file a Jones Act claim.

Do I need an attorney for a maritime injury claim?

Yes. Maritime law is complex, and the deadlines are strict. An experienced maritime attorney can help you navigate the Jones Act, LHWCA, and general maritime law.

Why Barton & Associates for Maritime/Offshore (Jones Act) Claims in Austin

Maritime cases require attorneys who understand the unique laws that govern the industry—the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and general maritime law. Our attorneys have spent decades representing maritime workers across Texas, from the Gulf of Mexico to the inland waterways.

We know the vessels, the offshore rigs, and the hazards. We know the experts who can prove causation. And we know how to build a case that gets you the compensation you deserve.

Take the First Step Toward Justice

If you work on the water and have been injured on the job, do not wait. The statute of limitations is strict. Evidence disappears. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking justice.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced maritime injury attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice you deserve.

Main Category: Personal Injury Austin
Practice Area Category: Transportation & Mass Torts
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)