Statute of Limitations for Maritime Claims in Houston

American workers are compensated for work-related injuries through a government-mandated workers’ compensation program. When employees suffer a job-related injury, they file a compensation claim for reimbursement of medical expenses and lost wages. However, the program only applies to land-based workers.

Maritime workers must seek personal injury compensation through the Merchant Marine Act of 1920, better known as the Jones Act. The act allows sea workers to sue employers for personal injury damages if they are hurt on the job. However, it only applies to individuals spending at least 30% of their employment on a vessel in navigable waters.

Sea workers who have been hurt in an accident should consult a knowledgeable maritime injury attorney for assistance in filing a claim. Failing to comply with the statute of limitations for maritime claims in Houston may prevent injured parties from pursuing compensation.

Where to File a Jones Act Claim

Unlike workers’ compensation claims, Jones Act claims must be filed as civil lawsuits in state or federal court. While civil lawsuits allow workers to seek damages beyond medical expenses and lost wages, they also require employees to prove that employer negligence contributed to the injuries.

However, the burden of proof for employer negligence for maritime claims is lower than in other personal injury lawsuits. The Jones Act uses causation as the basis for proving negligence, which only requires employees to prove that a degree of negligence caused their injuries.

When to File a Jones Act Lawsuit

An injured employee has up to three years from the date of the injury to file a civil lawsuit under the Jones Act in state or federal court. However, prompt filing can make obtaining critical evidence and witness statements easier.

Reaching out to a seasoned Houston attorney as early as possible could mitigate the stress of independently collecting documentation for a maritime claim and submitting it within the statute of limitations deadline.

What is Negligence Under the Jones Act?

Negligence under the Merchant Marine Act is an action that:

• A prudent person would not do in a similar situation
• A prudent person would do under similar circumstances
• Fails to demonstrate a reasonable duty of care

For example, employers are charged with maintaining a safe work environment. If they leave obstacles or unsecured cargo on deck, employees may trip and fall or be crushed by moving cargo or equipment.

Other potential negligent acts include failing to keep the vessel and equipment in good working condition through regularly scheduled inspections. Proving negligence and filing within the statute of limitations may be easier with the help of a Houston maritime claims lawyer.

What Evidence is Needed?

As with any personal injury lawsuit, injured sea workers should collect the following information for their case:

• Ship maintenance records
• Official accident reports
• Witness statements
• Training records to indicate whether safety training complies with maritime regulations
• Medical records that document injuries, diagnosis, treatment, prescriptions, and ongoing care
• Photographs of the injuries and where they happened

Building a solid case requires substantial documentation and a legal strategy for receiving fair compensation while protecting future financial and medical needs. A dedicated personal injury attorney could ensure your claim contains the necessary information.

Learn More About the Statute of Limitations for Maritime Claims in Houston

When you suffer an injury as a sea worker, it is essential to understand the statute of limitations for maritime claims in Houston. Allowing the deadline to pass could result in an inability to obtain compensation.

Contact Schechter Shaffer & Harris to discuss your legal options today. Our hardworking team is here to help with your case.