Proximity to the Gulf of Mexico offers many Houston area workers well-paying offshore jobs, especially in the oil and gas industry. However, many offshore industry occupations are inherently dangerous and injuries can become very complicated legal matters. Certain maritime or admiralty laws may apply to personal injury cases, meaning you might need a Houston offshore injury lawyer from Gibson Hill Personal Injury can advocate for you.
Contact us online or call (713) 659-4000 to discuss your legal options or to set up a free consultation with an experienced personal injury attorney. We work on a contingency fee basis, so you pay nothing unless your case is won.
Do I Need an Offshore Injury Lawyer?
Many different factors can complicate an offshore injury case, making it especially important to have experience navigating maritime law. It is uncommon that anyone without legal training, even with offshore worker expertise, could have the expertise needed to take on insurance companies for this industry.
Anyone representing you should be experienced in dealing with the oil and gas industry and the tactics they use during investigations and lawsuits. An offshore injury lawyer from [firm=name] has the skill and experience to get you the compensation you deserve.
We Conduct an Investigation into Your Case
Another important reason to work with a lawyer is that they have the skills to conduct an independent investigation into what happened. When an offshore accident is the result of an employer’s negligence or defective equipment, for example, an offshore injury lawyer can gather all of the evidence needed to support your claim.
Identifying Liable Parties
An offshore accident lawyer is going to know how to identify the potential at-fault parties (which may include shell corporations) and hold them accountable. This is important because some offshore accidents involve multiple liable parties, possibly including the oil and gas industry.
Handling Insurance Companies
If you are contacted by an insurance company adjuster for one of the parties about your accident, always decline to provide a statement. Instead, refer the adjuster to your offshore accident lawyer, who knows how to deal with any possible intimidation or manipulation.
Handling Personal Injury Settlement Offers
An insurer may also offer a lump sum settlement to resolve your claim. In most instances, it will be much less than to what you are actually entitled. Never rush into any settlement; seek legal advice first. An experienced offshore injury lawyer will be able to properly evaluate your case and thus help you recover full and fair compensation for your injuries.
If you or a loved one have been injured in an offshore accident, the experienced lawyers of Gibson Hill Personal Injury are eager to help
Why Choose Gibson Hill Personal Injury Law Firm?
Gibson Hill Personal Injury handles all kinds of offshore injury cases in the Gulf of Mexico. If you are not up to coming to our office, we are willing to meet with you in your hospital room or home.
Awards and Experience
Ty Gibson and Brett Michael Hill have more than a decade of combined experience. Both personal injury lawyers earned Juris Doctor degrees from South Texas College of Law.
Mr. Hill is also a member of the Houston Trial Lawyers Association. He received the Heart of Advocacy award from the South Texas College of Law.
Pay No Fees Unless You Win
You will also want to retain Gibson Hill Personal Injury because we represent clients on a contingency fee basis. You only pay us when you obtain a monetary award in your case.
Types of Offshore Injury Cases We Handle
In addition to Texas statutes that may apply, including state-regulated workers’ compensation or laws governing personal injury, maritime and admiralty laws frequently come into play in many offshore injury cases. Some of the laws that apply to such cases often include the following:
- Jones Act — The Jones Act allows injured seamen to sue employers for financial compensation when the negligence of the employer or a fellow crewmember, or unseaworthiness of the vessel, caused the injuries.
- Longshore and Harbor Workers’ Compensation Act (LHWCA) — The LHWCA is essentially workers’ compensation for injured seamen and provides compensation for medical treatment and lost wages regardless of fault.
- Death on the High Seas Act (DOHSA) — DOHSA allows the spouse, parent, or other dependent of a worker killed in international waters at least three miles offshore to recover damages when a death was caused by negligence or unseaworthiness.
Note that a worker on a permanently anchored oil drilling platform would likely not qualify as a seaman under the Jones Act. Your offshore accident attorney can advise you if any of these federal laws apply to the facts of your personal injury case.
Common kinds of offshore accidents include:
- Offshore drilling accidents
- Oil rig explosions
- Shipyard worker injuries
- Oil rig platform accidents
- Marine cargo accidents
- Commercial fishing accidents
- Drilling rig accidents
- Crane accidents
- Jack-up rig accidents
- Ferry boat accidents
- Cruise ship injuries
- Tanker accidents
- Freighter accidents
- Barge accidents
- Tugboat accidents
- Trawler accidents
All of these accidents can result in a wide range of injuries, including:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Neck injuries
- Internal organ injuries
- Fractures
- Sprains
- Burn injuries
- Muscle strains
- Lacerations
As mentioned, certain laws present different requirements. The responsible party’s negligence needs to be proven in some cases while other benefits require a lesser standard of evidence. A seasoned offshore accident lawyer can guide you through the legal technicalities governing your specific claim.
Steps to Take After a Maritime Injury in Houston
If you’ve just been injured in a maritime accident, here are a few steps to take immediately:
- Get to safety. Move away from danger and to a place where you can assess your injury safely.
- Get medical attention. Seek help from qualified medical personnel. Advise them about the type of accident, that it happened at work, and about any injuries you may have sustained, no matter how small.
- Advise your employer. Let your supervisor know that you’ve been injured on the job.
- Document everything. Start a paper record of the accident from your perspective. Take photos and document as much as possible. Do not rely on your employer or on-site medical personnel to give an accurate description of what occurred. Start building your own record as soon as possible.
- Watch what you say. Do not apologize or claim responsibility for the accident, even in passing or off the record. Anything you say can be used against you in an injury claim.
- Do not sign anything. Avoid signing any written statement or document regarding your accident until after you’ve spoken to a qualified offshore injury lawyer.
What Does an Offshore Injury Investigation Look Like?
Once employed, we will investigate exactly what happened to determine whether your employer was at fault and whether you’re entitled to compensation. This investigation will have several components:
- Gathering evidence: An investigator will visit the site of the accident, take photographs, inspect the area, and assess any possible risk factors.
- Gathering written documentation regarding the accident. This could be eyewitness reports, a statement from your employer, government reports about the accident or doctor’s notes regarding what medical treatment you received.
- Comparing written information with evidence gathered at the scene to identify any inconsistencies.
Having an attorney like those of Gibson Hill Personal Injury with experience in offshore injuries will be vital during this investigation. Using our experience, skill, and resources, we will fight to make sure you get the compensation you deserve.
What Damages Are Typically Rewarded in Offshore Injuries?
Offshore and maritime workers are protected under the Jones Act, formerly called the Merchant Marine Act of 1920. This law provides specific protections and provisions for maritime workers that extend beyond a standard worker’s compensation claim, specifically the provision granting maintenance and cure compensation. The Jones Act provides compensation for the following:
- Physical pain, including disability, disfigurement, or inconvenience
- Mental anguish, anxiety, or embarrassment
- Lost income
- Lost earning capacity
Compensatory & Punitive Damages in Houston
There are two basic types of monetary damages awarded in maritime accidents: compensatory damages and punitive damages.
Compensatory damages are designed to compensate a victim for the injuries sustained in an accident caused by the employer’s negligence or unsafe working conditions on-site.
Punitive damages are designed to punish an employer for gross negligence or carelessness that led to an employee’s accident. Compensatory damages usually do not require admitting fault, while punitive damages require the employer to admit fault and show how they will prevent the accident from reoccurring.
The amount of monetary damages received varies widely depending on the type of accident, injuries, and working conditions on-site.
The experienced lawyers of Gibson Hill Personal Injury serve offshore accident victims in the greater Houston area.
Texas Laws and Statutes Regarding Offshore Injuries
Although most personal injury claims in Texas must be filed within two years of the date of injury, the statute of limitations to file a Jones Act claim in Texas is three years. This means you have three years from the date of the accident to file an injury claim for your accident. Some of the other laws and regulations governing offshore accidents include the following:
- The Jones Act: governs shipping between ports in the US and regulates offshore activities.
- The Longshore and Harbor Workers Compensation Act: provides support and compensation for maritime employees such as offshore workers, shipbuilders, and harbor workers who are injured on the navigable waters of the US.
- Death on the High Seas Act: governs death or injury occurring more than 3 nautical miles from the United States shore.
Frequently Asked Questions (FAQs) About Offshore Injuries
At Gibson Hill Personal Injury, we are dedicated to aggressively advocating for those injured in offshore accidents. With that commitment in mind, we have provided answers to some of the questions commonly raised by our clients.
What should I bring to my free consultation?
You should bring as much information regarding your accident as possible. Photos, medical reports, accident reports, employer details, and a personal written account of the day of the accident would all be applicable. The more information and documentation you can provide, the better we can help you get compensation.
How long will my case take?
This depends on several factors, including the type and severity of your injury, the circumstances of the offshore accident, and your employer’s insurance company. If you’re injured, and your employer immediately admits fault, your claim may be paid fairly quickly. If your employer’s insurance company denies your injury claim, you may have to file a lawsuit.
Getting settlement money after a lawsuit is filed can take anywhere from months to years. An insurance company might try to pressure you to take a settlement offer far below what you deserve. They want to resolve your claim quickly, cheaply and out of court. This is why it’s important to have an experienced and knowledgeable offshore injury attorney fighting for you.
Will insurance companies offer me fair compensation?
In short, not likely. It’s in an insurance company’s best interest to deny your claim. These companies make money by collecting premiums and finding any reason they can to deny compensation to victims of workplace accidents.
What is maintenance and cure?
Injured seamen are usually entitled to maintenance and cure, with maintenance meaning a seaman’s daily living expenses and cure applying to medical bills. A seaman typically receives maintenance and cure until they reach maximum medical improvement.
What is maximum medical improvement?
Maximum medical improvement (MMI) refers to the point where medical professionals declare that an injury victim has reached the limits of their recovery and their ability to improve. Many employers and insurance companies can be in a rush to declare a person as reaching MMI even when there might still be some hope for additional health improvement.
Will I be 'blacklisted' for filing an injury claim?
The idea of a blacklist is a common misconception among many offshore workers. There is a perception that filing a personal injury claim will result in that worker being added to some kind of list that will prohibit them from ever again working offshore.
The truth is that there likely is no such blacklist for injured maritime workers who file personal injury claims. It would likely be a violation of state or federal law for an employer to discriminate against a prospective employee because of any previous personal injury claim.
Houston Offshore Injuries Statistics
In 2022, the Bureau of Safety and Environmental Enforcement (BSEE) reported nationwide offshore incidents including:
- Fatalities: 1
- Injuries: 199
- Lifting Incidents: 169
- Fires: 126
- Explosions: 1
- Musters: 1
- Gas Releases: 57
- Collisions: 6
- Loss of Well Control: 5
- Spills1 ≥ 1 BBL: 17
Previous Years’ Fatalities and Injuries:
- 2021: 2 fatalities and 164 injuries
- 2020: 6 fatalities and 160 injuries
- 2019: 6 fatalities and 222 injuries
How Common Are Offshore Injuries?
Offshore injuries are common because the working environment is one of the most dangerous in the world. According to a 2017 study, offshore oil and gas workers are seven times more likely to die on the job than onshore workers. A normal American worker has a fatality rate of about 3.7 per 100,000 people, whereas an offshore worker has a fatality rate of approximately 25 per 100,000 people.
Contact an Experienced Houston Offshore Injury Lawyer
Did you sustain severe injuries or was your loved one harmed or killed in an offshore accident in the Houston area? Our firm is devoted to bringing justice to those who have suffered offshore injuries. You can read our testimonials to hear clients attest to our knowledge and experience.
Whether at the negotiating table or in court, Gibson Hill Personal Injury is fully prepared to seek the full range of financial compensation that you and your family deserve. Call (713) 659-4000 or contact us online to schedule a free consultation.
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