Texas Admiralty / Maritime Questions & Answers

Q: My husband was responsible for an injury on a rig - can the other guy sue us?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Dec 28, 2018
Timur Akpinar's answer
Additional details are needed.

Tim Akpinar

Q: If the accident occurred while in port, what laws apply?

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Nov 23, 2018
Timur Akpinar's answer
It would depend on the capacity of the person at the time the accident occurred. Was the person a member of the vessel’s crew? Was the person a stevedore working for a cargo terminal? Was the person a welder, mechanic, or other shoreside contractor? Was the person a disembarking harbor pilot? Based on the person’s role, any one of a number of laws could apply, such as the Jones Act, Longshore Harbor Workers’ Compensation Act, or other law.

Tim Akpinar

Q: Where does my husband lodge a safety complaint? He works on a commercial boat.

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Oct 31, 2018
Timur Akpinar's answer
The U.S. Coast Guard, Office of Commercial Vessel Compliance should be able to provide direction here. OSHA also provides information under the Seaman's Protection Act - https://www.osha.gov/Publications/OSHA3762.pdf.

Tim Akpinar

Q: I was injured offshore in work-related accident. What's the maximum amount of maintenance I can get, and how soon?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Oct 9, 2018
Timur Akpinar's answer
In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms for the milestone, such as “maximum recovery.”

Tim Akpinar

Q: What is the statute of limitations under the Jones Act for injuries at sea?

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Sep 7, 2018
Timur Akpinar's answer
The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in this area. There are exceptions to the general three year-statute of limitations. Further, a claimant must satisfy certain conditions to be considered a Jones Act seaman. If you were injured aboard a...

Q: If two ships collide and I get injured while working on one, can I sue my employer for my injuries or would I need to

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Jul 25, 2018
Gordon Charles Webb's answer
It depends on a lot of things, for example was your employer at fault, are they properly paying your maintenance and cure, was the other vessel at fault. These and other questions need to discussed with a maritime lawyer.

Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jul 5, 2018
Michael A. Winkleman's answer
It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.

Are you a passenger or a crewmember?

Q: How long do I have to file a claim if I get injured while working on a fishing boat?

4 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Jun 11, 2018
Gordon Charles Webb's answer
3 years for a Jones Act claim. Consult with a maritime attorney ASAP.

Q: Is the Death On The High Seas Act a claim a family member can file in addition to a wrongful death claim, or instead of

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on May 18, 2018
Michael A. Winkleman's answer
They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.

Q: I tried to file my maritime injury suit 14 months after i was injured but the other party claims I'm beyond the statute

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Apr 23, 2018
Joseph S. Stacey's answer
Are you a "passenger" on a cruise ship? Most often, a passenger's personal injury case is governed by a one year statute of limitation. A "seaman" has a three year statute of limitation.

Q: Do offshore workers get workers comp?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Feb 20, 2018
Joseph S. Stacey's answer
Thank you for your question. The answer depends upon what “category” of worker you are talking about. A “seaman” would not be eligible or qualify for worker’s comp. A seaman’s remedy after being injured on the job falls under the "Jones Act” and General Maritime Law remedies, including maintenance and cure. On the other hand, a “harbor worker” qualifies for federal worker’s comp (L&H). If you are asking about a worker on an oil rig, then most likely that worker would be...

Q: Is there a special workers comp law if you're injured while working at sea?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jan 30, 2018
Joseph S. Stacey's answer
The answer depends upon what category of worker you fall into. If you are a seaman or fisherman, you would be covered by the "Jones Act" and general maritime law. If you are a longshoreman or harborworker, you would be covered by Longshore and Harborworkers Compensation Act (a worker's comp law).

Q: What law enforcement agency has jurisdiction over criminal activity at sea?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jan 2, 2018
Nicholas I. Gerson's answer
Generally the FBI and local port authority.

Q: Are cruise ships subject to admiralty law if I get injured on one?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jun 6, 2017
Nicholas I. Gerson's answer
Yes. Call me if you would like to discuss the facts of your case. 305-371-6000. You can also email me the details at info@gslawusa.com.

Q: What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Apr 28, 2017
Nicholas I. Gerson's answer
The answer to your question is probably not. In maritime law cases, such as cruise ship accidents and injuries many cruise lines require claims brought in certain jurisdictions like federal court in Miami Florida. Maritime law also is a complete different body of law as opposed to state law. You need a lawyer who specializes in that area.

If you have any questions, you can email my office about your case at info@gslawusa.com with more specifics about your case. My firm specializes in...

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