Texas Maritime Offshore Injury Lawyer

Maritime, Jones Act, and Offshore Injury Attorneys Serving Houston, Galveston, the Gulf Coast, and All of Texas

You were injured offshore — on an oil rig, a crew boat, a barge, a tanker, a fishing vessel, a dock, or a shipyard. Now you’re trying to figure out which legal pathway actually applies to you. The honest answer most maritime workers don’t realize: your case isn’t a single category. It’s at least four — Jones Act for seamen, LHWCA for harbor and dock workers, OCSLA for fixed platforms, DOHSA for families of workers killed more than three nautical miles offshore — and which one applies to your case dramatically changes what you can recover and how long you have to file. Get this wrong, and you can end up with the wrong claim filed in the wrong forum past the wrong deadline. We help injured Texas maritime workers identify the right pathway, build the right case, and — when complexity demands it — partner with the maritime specialists who can take the case the rest of the way.

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• Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy

What’s Already Working Against You After an Offshore Injury

Maritime injury cases start at a disadvantage that most workers don’t see coming. By the time you’re searching for answers:

• Your employer has already decided what kind of case this is — and they’ve decided in the way that benefits them. Companies frequently classify injured workers as “non-seamen” to push them into LHWCA or state workers’ compensation rather than the Jones Act, where damages are far higher.
• The company doctor is filing reports. Maintenance and cure benefits (the no-fault remedy for seamen) are paid by the employer, who has a direct financial interest in minimizing your injury severity. The first medical reports almost always favor the company.
• Vessel logs, accident reports, JSA forms, and safety meeting minutes are being collected — selectively. Documents that hurt the employer have a way of becoming hard to find.
• Witnesses are scattering. Crew rotations move offshore workers to different vessels, different jobs, sometimes different states. By the time you find them, memories are unreliable and loyalties have shifted.
• Three different statutes of limitations are running — the Jones Act gives three years, the LHWCA gives one year, and Texas general personal injury claims give two years. The shortest deadline that applies to your case is the one that matters.
• Settlement offers are coming fast. Maritime employers often offer quick “convenience” settlements before injured workers understand they may have Jones Act seaman status worth substantially more.

Maritime injury cases are one of the few areas in personal injury law where the wrong legal classification can cost a worker hundreds of thousands of dollars — sometimes millions. Getting the pathway right is the difference between a workers’ compensation-style payout and full negligence damages.

Which Legal Pathway Applies to Your Case? The Maritime Decision Tree

Most injured offshore workers don’t fit neatly into a single category. The right starting point is figuring out which federal or state law actually governs your claim. Here are the four primary pathways for Texas maritime injury cases.

Pathway 1: The Jones Act (For Seamen)

The Jones Act (46 U.S.C. § 30104) is the most powerful maritime injury law for one specific category of worker: seamen. It allows seamen to sue their employers for negligence with damages similar to a personal injury lawsuit (full pain and suffering, lost wages, future earnings, mental anguish) — far more than state workers’ compensation provides.

To qualify as a seaman, the U.S. Supreme Court in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995) established a two-element test:

1. Your duties must contribute to the function of the vessel or to the accomplishment of its mission. The earlier case McDermott International, Inc. v. Wilander, 498 U.S. 337 (1991) eliminated the requirement that you must “aid in navigation” — meaning cooks, drillers, roughnecks, and others all qualify if their work serves the vessel.
2. You must have a connection to a vessel (or identifiable fleet) in navigation that is substantial in both duration and nature.

The Fifth Circuit applies a practical guideline known as the “30% rule” — endorsed by the Supreme Court in Chandris — that workers spending less than approximately 30% of their working time in service of a vessel in navigation generally do not qualify as seamen. The rule is a guideline, not a rigid formula, and exceptions exist.

Statute of limitations: 3 years from the date of injury.

Where to file: Federal court or state court (the seaman’s choice).

What you can recover: Full personal injury damages — past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, mental anguish, plus the no-fault remedies of maintenance and cure (daily living expenses + medical care until maximum medical improvement) and unseaworthiness claims.

Pathway 2: The LHWCA (For Harbor Workers, Dockworkers, and Shipyard Workers)

The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. § 901 et seq.) is a federal workers’ compensation system for maritime employees who work on or near navigable waters but who are not seamen. Common LHWCA workers include longshoremen, dockworkers, ship repairers, shipbuilders, harbor workers, and certain shipyard employees.

To qualify under the LHWCA, you must satisfy two tests:

• Status — You must be a maritime worker engaged in maritime employment (loading/unloading vessels, ship repair, shipbuilding, harbor construction).
• Situs — Your injury must occur on navigable waters or on adjoining areas (piers, wharves, terminals, shipyards).

The LHWCA is a no-fault system — meaning you don’t have to prove negligence. But the trade-off is significant: damages are capped at workers’ compensation levels (medical care, two-thirds of average weekly wages, permanent partial/total disability). Pain and suffering damages are not available against your employer under the LHWCA.

However — and this is critical — LHWCA workers may also have third-party negligence claims against vessel owners (under Section 905(b)) or other non-employer parties whose negligence caused the injury. Third-party claims allow full personal injury damages.

Statute of limitations: 1 year from the date of injury (this is the shortest deadline in maritime law and is regularly missed).

Where to file: Department of Labor Office of Workers’ Compensation Programs (administrative process), with appeals to federal court.

Pathway 3: OCSLA (For Workers on Fixed Platforms in the Outer Continental Shelf)

The Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.) governs injuries to workers on fixed platforms — typically oil and gas production platforms permanently attached to the outer continental shelf seabed. Fixed platforms are not “vessels” under maritime law, so workers on them generally don’t qualify as Jones Act seamen.

OCSLA generally adopts the laws of the adjacent state — for Texas Gulf Coast platforms, that means Texas state law applies to most claims, including Texas’s two-year statute of limitations and Texas workers’ compensation rules. OCSLA cases often involve Texas non-subscriber claims when the platform employer opted out of the Texas workers’ compensation system. See our Texas work injury page for the non-subscriber framework.

The complication: Many offshore workers split time between fixed platforms (OCSLA) and vessels (Jones Act). The classification depends on where the worker spent the majority of their time and where the injury occurred — a fact-intensive analysis that often determines case value.

Statute of limitations: Generally 2 years (Texas state law applies to most claims).

Pathway 4: DOHSA (For Families of Workers Killed More Than Three Nautical Miles Offshore)

The Death on the High Seas Act (46 U.S.C. § 30301 et seq.) governs wrongful death claims when a worker is killed on the high seas — defined as more than three nautical miles from shore. DOHSA applies regardless of whether the worker was a seaman, longshoreman, or platform worker.

DOHSA provides compensation to surviving spouses, children, and dependent relatives for pecuniary losses only — meaning lost financial support, services, and inheritance. Critically, DOHSA does not traditionally allow recovery for the surviving family’s mental anguish or loss of companionship in commercial maritime cases (though some categories of cases — particularly aviation cases — have expanded recovery).

This is one of the most legally restrictive wrongful death statutes in American law, and it’s a frequent source of dispute when families discover their loved one’s death falls under DOHSA rather than a state wrongful death statute.

Statute of limitations: 3 years from the date of death.

Where to file: Federal court (admiralty jurisdiction).

Pathway 5: Texas State Law (When Maritime Law Doesn’t Apply)

Some offshore-adjacent injuries don’t qualify for any of the federal maritime statutes. Examples include workers injured at land-based oil terminals far from navigable waters, or injuries occurring during transportation to or from offshore work that don’t satisfy maritime situs requirements. These claims fall under Texas personal injury law — including the Texas non-subscriber framework when applicable.

Statute of limitations: 2 years for Texas personal injury claims.

Common Texas Maritime and Offshore Injury Cases

Texas Gulf Coast operations produce a wide range of maritime injuries. If your situation looks like one of these, the next step is identifying which legal pathway applies.

Oil Rig and Platform Injuries

The Gulf of Mexico hosts thousands of oil and gas platforms. Injuries on mobile drilling units (jack-up rigs, semi-submersibles, drill ships) often qualify under the Jones Act because these are vessels in navigation. Injuries on fixed platforms typically fall under OCSLA and Texas state law. The classification determines what the worker can recover.

Crew Boat and Supply Vessel Injuries

Workers transporting crews and supplies to offshore platforms typically qualify as Jones Act seamen because they’re permanently assigned to vessels in navigation. Common injuries: falls during transfers, line-handling injuries, deck accidents, and weather-related incidents.

Barge and Towboat Injuries

Crew members on inland and ocean-going barges, towboats, and tugs typically qualify as Jones Act seamen. The Texas Gulf Coast and intracoastal waterway produce significant numbers of these cases — line-handling injuries, deck accidents, slip-and-falls, machinery accidents, and collisions.

Fishing Vessel Injuries

Commercial fishing crews qualify as Jones Act seamen. Injuries include winch and net accidents, deck accidents, slip-and-falls, and weather-related injuries. Fishing vessel cases often involve unseaworthiness claims when equipment fails or the vessel is improperly maintained.

Tanker, Cargo Ship, and Container Vessel Injuries

Crew members on commercial vessels are typically Jones Act seamen. Loading and unloading workers on the same vessels are typically LHWCA workers. The same accident can produce Jones Act claims for the crew and LHWCA claims (plus third-party negligence claims) for the dockworkers.

Dockworker, Longshoreman, and Stevedore Injuries

Workers loading and unloading vessels typically fall under the LHWCA. Injuries include falls into the hold, crane accidents, equipment malfunctions, and chemical exposure. Third-party negligence claims against vessel owners under LHWCA Section 905(b) often produce significantly higher recoveries than the underlying LHWCA workers’ compensation benefits.

Shipyard Worker Injuries

Ship repair workers, shipbuilders, and dry-dock workers generally fall under the LHWCA. Common injuries include falls from heights, welding accidents, asbestos exposure, chemical burns, and equipment malfunctions.

Diver Injuries

Commercial divers servicing offshore platforms, vessels, and underwater installations may qualify as Jones Act seamen depending on their connection to specific vessels, or may fall under LHWCA depending on their work pattern. Diving injuries — decompression sickness, drowning, equipment failures — often produce catastrophic damages.

Maritime Wrongful Death Cases

When a worker dies offshore, the applicable wrongful death statute depends on the location of death. Deaths within state territorial waters (within 3 nautical miles of shore) generally fall under state wrongful death law. Deaths on the high seas (more than 3 nautical miles) fall under DOHSA, with its significantly more limited damages framework. See our Texas wrongful death page for the broader framework.

Recreational Boating Accidents

Recreational boating accidents — collisions, drownings, water-skiing injuries, jet ski accidents — operate under different rules than commercial maritime injuries and are typically governed by general maritime law combined with Texas state law. See our boating accidents page for the recreational framework.

Why Texas Maritime Cases Require a Specialized Approach

Maritime law is its own legal universe — distinct from ordinary personal injury law, with its own statutes, doctrines, courts, and procedures. Generalist personal injury firms routinely lose maritime cases by missing key issues that maritime specialists know to spot.

The Seaman Status Battle

Whether you qualify as a Jones Act seaman is often the most heavily contested issue in any maritime injury case — and it’s often the issue that determines case value. Employers and their insurers fight aggressively to push workers out of seaman status into LHWCA or state workers’ compensation, where damages are dramatically lower.

Building a seaman status case requires:

• Detailed work history establishing time spent on vessels in navigation
• Job descriptions and duty logs showing contribution to vessel function or mission
• Vessel records establishing “in navigation” status
• Testimony from crew members and supervisors
• Application of the Chandris two-element test and the 30% rule to your specific work pattern

Maintenance and Cure (For Seamen)

Seamen are entitled to two no-fault remedies regardless of negligence:

• Maintenance — daily living expenses (food, lodging) while recovering, typically paid as a daily rate
• Cure — all medical care related to the injury, paid until maximum medical improvement (MMI)

Employers frequently terminate maintenance and cure prematurely, refuse to pay reasonable rates, or dispute the diagnosis to push workers back to work. Wrongful denial of maintenance and cure can support punitive damages and attorney’s fees under Atlantic Sounding Co. v. Townsend (2009).

The Unseaworthiness Doctrine (For Seamen)

Beyond Jones Act negligence, seamen have a separate cause of action against the vessel owner for unseaworthiness — meaning the vessel or any of its equipment was not reasonably fit for its intended purpose. Unseaworthiness is a near-strict-liability doctrine, meaning the vessel owner can be liable even without negligence. This doctrine is one of the most powerful tools in maritime injury litigation.

The LHWCA Section 905(b) Third-Party Claim

LHWCA workers can pursue negligence claims against vessel owners (separate from their workers’ compensation employer) under Section 905(b). These third-party claims allow full personal injury damages and frequently produce recoveries multiple times larger than the underlying LHWCA benefits.

Forum Selection Strategy

The Jones Act allows plaintiffs to choose between federal court (admiralty jurisdiction, no jury) and state court (jury trials available). State court is generally preferable for plaintiffs in Texas because juries can be more favorable than admiralty judges. Forum selection is one of the most important strategic decisions in any maritime injury case.

The Texas Stowers Doctrine

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — gives plaintiffs in cases tried under Texas state law a powerful tool. When the defendant’s insurer unreasonably refuses to settle a clear-liability claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy. Stowers demands are particularly effective in catastrophic offshore injury cases tried in Texas state court.

How Maritime Employers and Insurers Defeat Valid Claims

Maritime employers and their insurers — particularly the major Gulf Coast oil and gas operators — have spent decades perfecting tactics to push down maritime injury claims.

Defense Tactics That Cost Maritime Workers Their Cases

• The seaman status attack. The signature defense in any Jones Act case. Employers argue you spent less than 30% of your time on a vessel in navigation, your duties didn’t contribute to the vessel’s function, or you were land-based.
• Maintenance and cure manipulation. Daily maintenance rates set artificially low. Cure benefits cut off prematurely. “Independent” medical examinations used to declare maximum medical improvement before you’ve actually recovered.
• The “you were already injured” defense. Pre-employment physicals, prior injury claims, and old medical records used to argue your offshore injury was a continuation of an old condition.
• Recorded statements taken in hospital rooms. Company representatives obtaining statements from injured workers under medication, while in pain, before they fully understand the legal situation.
• Quick settlement offers. Sometimes called “convenience” or “comfort” payments, often presented as informal “help” — but actually full releases that end the worker’s right to sue.
• Selective accident report drafting. JSA forms, accident reports, and safety meeting minutes drafted by the employer to favor the company’s narrative.
• Witness scattering. Crew members rotated to different vessels and locations, making them harder to find when their testimony is needed.
• Statute of limitations races. Employers stalling negotiations to push claims past the LHWCA’s one-year deadline.
• Forum manipulation. Removal of state-court Jones Act cases to federal court, where admiralty jurisdiction can sometimes change the case dynamic.

Mistakes That Sink Otherwise Strong Maritime Cases

• Signing accident reports without reading them carefully
• Giving recorded statements to the company or its insurer without an attorney present
• Accepting “convenience” or “comfort” payments that contain release language
• Relying solely on the company doctor for medical treatment
• Returning to work before fully recovering, then having the employer argue you reached maximum medical improvement
• Waiting too long to act and missing the LHWCA one-year deadline
• Hiring a generalist personal injury attorney unfamiliar with maritime law
• Posting on social media — even unrelated content — while a claim is pending
• Assuming your case is a workers’ compensation matter when you may actually qualify as a Jones Act seaman

How We Build Your Texas Maritime Injury Case

Maritime injury cases require careful early-stage analysis. Here’s what we do, often within days of being retained.

• Pathway analysis. The first and most important step. We evaluate your work history, duties, vessel assignments, injury location, and other facts to determine whether you have a Jones Act, LHWCA, OCSLA, DOHSA, or Texas state law claim — or some combination.
• Seaman status workup. Detailed analysis of time spent on vessels in navigation, duties contributing to vessel function or mission, and substantial connection in nature and duration under Chandris.
• Vessel record subpoenas. Vessel logs, JSA forms, accident reports, safety meeting minutes, maintenance records, and crew rosters from the days surrounding the incident.
• Witness identification and statements. Crew members, supervisors, contractors, and other workers who witnessed the incident or know about prior similar conditions on the vessel.
• Maintenance and cure protection. Ensuring you continue receiving daily maintenance and full cure benefits — and pursuing punitive damages when employers wrongfully deny these no-fault remedies.
• Independent medical evaluation. Where appropriate, we coordinate independent medical care so the company doctor isn’t the only voice on your prognosis and maximum medical improvement.
• Vessel ownership and seaworthiness investigation. Establishing whether the vessel was unseaworthy under maritime doctrine and identifying all potentially liable parties (vessel owner, charter, employer).
• Co-counsel with maritime specialists when appropriate. The largest, most complex Jones Act cases — particularly those involving catastrophic injury or wrongful death on offshore platforms — benefit from co-counsel with attorneys who specialize exclusively in maritime law. We have established relationships with leading Gulf Coast maritime firms and partner when complexity justifies it. The goal is always your best result, not our ego.
• Forum selection strategy. Where to file — federal admiralty court versus Texas state court — is a strategic decision affecting jury trial rights, applicable law, and case dynamics. We evaluate this for every case.
• Damages workup with life-care planners. Catastrophic offshore injury cases require projections of lifetime medical costs, lost earning capacity, and ongoing care.
• Strategic Stowers demands. When liability is clear and damages exceed policy limits, we send Stowers demand letters that force insurers to settle within limits or face exposure for the full judgment.
• Trial-ready preparation. Maritime cases settle when the defense knows the plaintiff’s team is prepared to try the case. We build every maritime case as if it’s going to a jury.

What Is My Texas Maritime Injury Case Worth?

Maritime injury case value varies enormously depending on which legal pathway applies. The same physical injury can be worth dramatically different amounts under the Jones Act vs. the LHWCA vs. DOHSA. That’s why pathway analysis is so important.

Common Maritime and Offshore Injuries

• Crush injuries from equipment, machinery, and rigging
• Falls from heights (derricks, decks, masts, ladders)
• Slip-and-fall injuries on wet decks and platforms
• Burn injuries (chemical, thermal, electrical)
• Drowning and near-drowning
• Decompression sickness (in diving cases)
• Traumatic brain injuries from impact and falls
• Spinal cord injuries and paralysis
• Amputations from machinery and equipment failures
• Hearing loss from prolonged equipment noise exposure
• Toxic chemical exposure (benzene, hydrogen sulfide, drilling fluids)
• Asbestos exposure (in older shipyard and vessel cases)
• Severe musculoskeletal injuries (back, shoulder, knee)
• Catastrophic injuries requiring lifetime care
• Fatal offshore accidents (wrongful death claims)

Recoverable Compensation by Pathway

Jones Act (Seamen)

Full personal injury damages, including: past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, mental anguish, plus maintenance and cure (no-fault), and unseaworthiness damages against the vessel owner.

LHWCA (Harbor Workers)

Workers’ compensation-style benefits: medical care, two-thirds of average weekly wages, permanent partial/total disability. Plus potential third-party negligence claims under Section 905(b) for full personal injury damages against vessel owners.

OCSLA (Fixed Platform Workers in Texas)

Generally Texas state law applies — meaning Texas non-subscriber claims, Texas workers’ compensation (where applicable), and full personal injury damages against third-party non-employers.

DOHSA (Wrongful Death on the High Seas)

Pecuniary losses only — lost financial support, services, and inheritance. Mental anguish and loss of companionship damages are not traditionally available in commercial maritime DOHSA cases.

What People Worry About Before Calling a Maritime Lawyer

“I’m not sure if I’m a ‘seaman’ under the law.”

Most maritime workers don’t know — that’s the most contested issue in maritime litigation. The Chandris two-element test (duties contributing to the vessel’s function or mission + substantial connection in duration and nature, with the 30% rule as a guideline) determines status. We evaluate seaman status as the first step in every maritime case.

“My company has its own lawyers and a workers’ compensation system. Do I really need my own attorney?”

Yes — and especially yes if you might qualify as a Jones Act seaman. Company-provided benefits are designed to keep cases in the lowest-paying legal framework. If you actually qualify as a seaman, accepting a workers’ compensation classification can cost you many times what your case is actually worth. An independent attorney protects your right to the highest applicable pathway.

“My boss says they’ll take care of me. Why do I need a lawyer?”

Maritime employers offer informal “help” specifically because formal legal claims would cost them far more. The “we’ll take care of you” approach almost always results in workers receiving a fraction of what their cases are worth — and often signing releases they don’t realize they’re signing.

“What if my case is really complex? Can your firm handle it?”

For straightforward maritime cases, we can handle the entire matter. For the most complex Jones Act seaman cases — particularly those involving catastrophic injuries, wrongful death on offshore platforms, or major disputed seaman status — we partner with leading Gulf Coast maritime specialists when their expertise will produce a better result for you. Co-counsel relationships are common in maritime law, and we’ll be honest with you about whether your case will benefit from one.

“I can’t afford a lawyer.”

You don’t pay anything unless we win. Maritime injury cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover, you owe us nothing.

“How long do I have to file?”

It depends entirely on which legal pathway applies. Jones Act claims have 3 years. LHWCA claims have 1 year. DOHSA wrongful death claims have 3 years. Texas state law claims have 2 years. The shortest applicable deadline is the one that matters — and missing it ends your case. Acting quickly preserves all your options.

“Can I sue for an injury that happened during transportation to or from offshore work?”

Possibly, but the analysis depends on where the injury occurred and what kind of transportation was involved. Helicopter accidents to offshore platforms, crew boat injuries during transfers, and other transportation-related incidents can fall under different legal frameworks depending on the facts. We evaluate the specifics in every case.

“My loved one died offshore. What do we do?”

Maritime wrongful death cases are among the most legally complex in personal injury law. The applicable statute depends on where the death occurred (within 3 nautical miles vs. on the high seas), the worker’s status, and other factors. The differences in available damages are substantial. Don’t sign anything from the employer or its insurer before consulting a maritime attorney. See our Texas wrongful death page for the broader framework.

“Do you only handle cases in Houston?”

No. We represent injured Texans statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy. Maritime cases throughout the Texas Gulf Coast region are within our reach.

Frequently Asked Questions

What is the Jones Act?

The Jones Act (46 U.S.C. § 30104) is a federal maritime law that allows injured seamen to sue their employers for negligence, with damages similar to a personal injury lawsuit (full pain and suffering, lost wages, future earnings). To qualify, a worker must satisfy the two-element Chandris v. Latsis test: (1) duties contributing to the function of the vessel or the accomplishment of its mission, and (2) a connection to a vessel in navigation that is substantial in both duration and nature. The Fifth Circuit applies a 30% rule of thumb — workers spending less than 30% of their time on vessels in navigation generally do not qualify.

What is the difference between the Jones Act and the LHWCA?

The Jones Act covers seamen — workers permanently assigned to vessels in navigation — and allows full negligence damages. The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers harbor workers, dockworkers, longshoremen, and shipyard workers — and provides workers’ compensation-style benefits without proof of fault, but without pain and suffering damages. The classification is often heavily contested because Jones Act cases are typically worth far more than LHWCA cases.

What is OCSLA and how does it apply to Texas offshore workers?

The Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.) governs injuries on fixed platforms in the outer continental shelf. For Texas Gulf Coast platforms, OCSLA generally adopts Texas state law — meaning Texas’s two-year statute of limitations and Texas workers’ compensation rules apply. Many Texas oil and gas platform workers fall under OCSLA rather than the Jones Act because fixed platforms are not “vessels.”

What is DOHSA?

The Death on the High Seas Act (46 U.S.C. § 30301 et seq.) governs wrongful death claims when a worker is killed on the high seas — defined as more than three nautical miles from shore. DOHSA provides recovery for pecuniary losses only (lost financial support, services, inheritance) and does not traditionally allow recovery for the surviving family’s mental anguish or loss of companionship in commercial maritime cases.

How long do I have to file a Texas maritime injury claim?

It depends on which legal pathway applies. Jones Act claims have a 3-year statute of limitations. LHWCA claims have a 1-year statute of limitations. DOHSA wrongful death claims have a 3-year statute of limitations. Texas general personal injury claims (including most OCSLA cases) have a 2-year statute of limitations. The shortest applicable deadline is the one that matters.

What is “maintenance and cure”?

Maintenance and cure are no-fault remedies available to seamen regardless of negligence. “Maintenance” provides daily living expenses (food, lodging) while the seaman recovers, typically paid as a daily rate. “Cure” provides all medical care related to the injury until maximum medical improvement (MMI). Wrongful denial of maintenance and cure can support punitive damages and attorney’s fees under Atlantic Sounding Co. v. Townsend (2009).

What is the unseaworthiness doctrine?

Unseaworthiness is a near-strict-liability doctrine available to seamen, allowing claims against vessel owners when the vessel or any of its equipment was not reasonably fit for its intended purpose. This doctrine is separate from Jones Act negligence and operates against the vessel owner (which may be a different entity than the employer). Unseaworthiness is one of the most powerful tools in maritime injury litigation.

Can a longshoreman sue the vessel owner under the LHWCA?

Yes. Under LHWCA Section 905(b), longshoremen and other LHWCA workers can pursue negligence claims against vessel owners — separate from their workers’ compensation employer. These third-party claims allow full personal injury damages and frequently produce recoveries multiple times larger than the underlying LHWCA workers’ compensation benefits.

What happens if my case crosses multiple legal pathways?

Many maritime cases involve overlapping pathways — for example, a worker who splits time between vessels (Jones Act territory) and fixed platforms (OCSLA territory), or a longshoreman injured by a vessel (LHWCA + Section 905(b) third-party claim). Maritime cases often involve careful pathway analysis and may include multiple claims filed under different statutes simultaneously.

Should I sign a settlement offer from my employer?

No — not without an attorney’s review. Maritime employers offer “convenience” settlements specifically because formal legal claims would cost them more. Many of these offers contain release language that ends the worker’s right to sue under any maritime statute. Have any settlement offer reviewed by a maritime attorney before signing.

Don’t Settle for the Wrong Pathway

Maritime employers and their insurers have a financial interest in pushing your case into the lowest-paying legal framework. The classification battle determines whether you receive workers’ compensation-style benefits or full personal injury damages — and the difference is often hundreds of thousands of dollars. The wrong deadline can end your case before it starts.

We offer 100% free, confidential case reviews for Texas maritime and offshore injury victims. We work on contingency, so you pay nothing unless we win. When complexity justifies it, we partner with leading Gulf Coast maritime specialists to deliver the best possible result.

CALL: 713-352-7975

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We’ll listen to what happened. We’ll evaluate your work history, the location of the injury, and the available evidence — and tell you which legal pathway likely applies, what your case may be worth, and how we’d build it. If your case demands maritime specialist co-counsel, we’ll tell you that too.

Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.