Most workers hurt on the job reach for workers’ compensation as the obvious first step. For maritime workers, that instinct can be costly. Maritime law operates as a separate federal system with its own rules, its own standards for employer liability, and, in most cases, significantly higher recovery potential than anything state workers’ compensation provides.
At The Maritime Injury Law Firm, Texas maritime injury cases have been our focus for over 20 years. Which law applies to your situation determines everything about what you can recover, and that analysis is exactly where we start.
What Texas Maritime Law Actually Covers
Maritime law, also called admiralty law, governs incidents and activities that occur on navigable bodies of water. In Texas, that includes the Gulf of Mexico, the Houston Ship Channel, the Sabine-Neches Waterway, Galveston Bay, and every other waterway used for commerce, not just open ocean.
Under Title 28 U.S. Code § 1333, federal courts have jurisdiction over maritime cases. You can file in a Texas state court, but the court will apply federal maritime law regardless. This distinction matters because federal maritime statutes like the Jones Act provide protections and damage categories that Texas state law simply does not.
One thing many workers don’t know going in: if you qualify as a maritime worker, Texas workers’ compensation almost certainly does not cover you. The system most people assume applies to them likely doesn’t, and the federal system that does apply offers considerably more.
Which Laws Apply to Your Texas Maritime Injury
The answer depends on the nature of your work and where the accident occurred.
The Jones Act applies to seamen, meaning workers who spend a significant portion of their time aboard a vessel in navigation. Offshore drilling platforms, supply vessels, and many other structures in Texas waters qualify as vessels under federal maritime law. Jones Act recovery includes lost wages, future earning capacity, all medical expenses, and pain and suffering, with no weekly caps.
The Longshore and Harbor Workers’ Compensation Act covers maritime workers who don’t qualify as seamen but whose work is maritime in nature, including dockworkers, shipbuilders, and cargo handlers working in Texas ports like Houston and Beaumont.
The Outer Continental Shelf Lands Act extends federal protections to workers on fixed platforms on the outer continental shelf, which covers a significant portion of Texas offshore operations. Which state’s law applies as a gap-filler under OCSLA depends on which state’s coastline the platform is adjacent to, an analysis that requires an attorney familiar with Gulf Coast operations.
If you have questions about which law applies to your specific situation, George can evaluate your case directly.
Common Texas Maritime Accidents
- Man overboard accidents, resulting from slippery decks, missing guardrails, or inadequate crew training, and potentially fatal even in calm water
- Chemical exposure, when employers fail to provide adequate safety equipment or ventilation around hazardous substances
- Vessel capsizing, often tied to unsafe weather conditions or excessive speed
- Collisions and allisions, where a vessel strikes another ship or a fixed structure like a bridge or dock
- Diving injuries, where commercial divers are hurt due to inadequate safety protocols or equipment failures
- Unseaworthy vessel conditions, including mechanical failures and improperly maintained equipment the owner had a legal duty to address
- Workplace accidents caused by employer or crew negligence, including falls from height, crane accidents, and equipment malfunctions
What You Can Recover Under Texas Maritime Law
Depending on which statutes apply to your case, you may be entitled to:
- Lost wages and future earning capacity, including the full wage gap if your injury prevents a return to maritime work
- All medical expenses, past and future, including surgery, rehabilitation, and long-term care
- Pain and suffering, mental anguish, and loss of enjoyment of life, which state workers’ compensation does not provide
- Maintenance and cure, your unconditional right as a seaman from the date of injury through maximum medical improvement, regardless of fault
- Wrongful death damages for families who have lost a loved one in a Texas maritime accident
How to Get Compensation for Your Maritime Injury in Texas
Texas maritime law is a specialized federal system, and the gap between what an injured worker recovers with the right attorney versus what they settle for on their own is routinely measured in hundreds of thousands of dollars. The legal complexities are real, and your employer’s insurer is already working to limit what you receive.
George Vourvoulias has spent over 20 years representing injured maritime workers across Texas and the Gulf Coast. Call (504) 584-6300, free and confidential, or contact us today to schedule your initial consultation.
Frequently Asked Questions About Texas Maritime Law
How do I know if my injury falls under maritime law in Texas?
The two key questions are where the injury occurred and what type of work you were doing. If the accident happened on or near a navigable body of water in connection with maritime operations, there is a strong chance that maritime law applies. The specific statute that covers you, Jones Act, LHWCA, or OCSLA, depends on your role and work location. An attorney familiar with Texas maritime cases can make that determination quickly.
Can I file a Texas maritime case in state court?
Yes. Under federal law, maritime cases can be filed in either federal or Texas state court. If filed in state court, the judge will still apply federal maritime law to the substance of your claim. The choice of forum is a strategic decision that depends on the specific facts of your case.
Does maritime law cover injuries on the Houston Ship Channel or Galveston Bay?
Yes. Maritime law applies to all navigable waters used for interstate or foreign commerce, which includes the Houston Ship Channel, Galveston Bay, the Sabine-Neches Waterway, and other Texas inland and coastal waterways. Offshore work is not a requirement.
What if my employer says I am covered by Texas workers’ compensation?
If you qualify as a seaman under the Jones Act, you are excluded from Texas workers’ compensation entirely. If your employer is directing you toward a workers’ comp claim rather than a maritime claim, that is worth examining carefully. The compensation available under the Jones Act is typically far greater, and accepting a workers’ comp settlement could affect your ability to pursue your full maritime rights.
How quickly do I need to act after a Texas maritime injury?
Jones Act claims carry a three-year statute of limitations, but acting quickly matters for practical reasons that go beyond the deadline. Evidence disappears fast on a working vessel. Witness accounts are most reliable immediately after an incident. Vessel logs can be altered. The sooner an attorney is involved, the better the foundation of your case.
Does it matter that my employer is based in Texas, but the accident happened offshore?
No. Federal maritime law applies based on the nature of the work and where the accident occurred, not where your employer is incorporated or headquartered. A Texas-based employer operating vessels in the Gulf of Mexico is subject to the same federal maritime statutes as any other maritime employer.
