Hurt Offshore? What You Need to Know About Texas Maritime Law & The Jones Act

Working on the water—whether in the Gulf of Mexico, along the Houston Ship Channel, or on an offshore rig—is one of the most dangerous jobs in Texas. When a catastrophic injury occurs on a vessel, barge, or offshore platform, the physical pain is immediately compounded by financial uncertainty and stress.

Many injured maritime workers make the mistake of assuming their injury will be covered by standard Texas workers’ compensation. It won’t.

Maritime law is a highly specialized, complex branch of federal law with its own strict rules, deadlines, and legal protections. Understanding how the Jones Act and general maritime law protect you—and why speed is essential—is the first step toward securing the full recovery your family needs.

Standard Workers’ Comp Doesn’t Apply: Understanding The Jones Act

Under traditional Texas state law, injured land-based employees are usually limited to standard workers’ compensation benefits, which prevent them from suing their employer for negligence.

Federal maritime law works entirely differently.

Under The Jones Act (46 U.S.C. § 30104), seamen who are injured on the job due to the negligence of their employer, captain, or fellow crew members have the legal right to bring a direct claim for damages.

To qualify as a “seaman” under the Jones Act, you generally must:

• Be assigned to a vessel (or a fleet of vessels) operating on navigable waters.
• Contribute to the function or mission of the vessel.
• Have a connection to the vessel that is substantial in both duration and nature (typically spending at least 30% of your working time aboard).

If your employer failed to provide a safe work environment, properly maintain equipment, adequately train the crew, or follow basic safety protocols, they can be held fully liable for your injuries, lost wages, and pain and suffering. Explore our previous guides on our Maritime Law Blog to learn more about how federal maritime statutes protect deckhands, engineers, and crew members.

What Makes a Vessel “Unseaworthy”?

Beyond employer negligence under the Jones Act, vessel owners have an absolute, non-delegable duty to provide a “seaworthy” vessel.

Under maritime law, a vessel is considered unseaworthy if any part of the ship, its equipment, or its crew is not reasonably fit for its intended purpose. Common examples of unseaworthiness include:

• Defective, worn, or improperly maintained winches, cables, and heavy machinery.
• Slippery decks caused by unaddressed oil or chemical leaks.
• Inadequate staffing or under-trained crew members forced to work exhausted.
• Missing safety gear, broken guardrails, or malfunctioning emergency equipment.

If an unseaworthy condition caused or contributed to your injury, you may have a strict liability claim against the owner of the vessel—regardless of whether they knew about the defect.

Crucial Steps to Take After an Offshore Accident

Maritime employers and their insurance carriers act fast following an accident. Their primary goal is to minimize corporate liability and limit what they pay out in Maintenance and Cure (the basic daily living allowance and medical coverage owed to injured seamen).

To protect your legal rights and preserve your claim:

1. Report the Injury Immediately: Notify your captain or supervisor and make sure an official accident report is filed. State the facts clearly, but do not apologize or accept blame.
2. Seek Independent Medical Treatment: You have the legal right to choose your own doctor. Do not rely solely on company-selected physicians who may rush you back to work before you are healed.
3. Do Not Sign Recorded Statements: Insurance adjusters and company representatives will ask for written or recorded statements. Speak with a qualified maritime attorney before signing any paperwork.
4. Preserve the Evidence: Document your injuries, note the names of witnesses, and keep detailed records of all medical visits, receipts, and communication with your employer.

Why You Need a Trial-Tested Maritime Lawyer in Your Corner

Maritime corporations employ teams of aggressive defense attorneys who handle these claims every day. They rely on complex legal jargon and early settlement offers to convince injured workers to give up their rights for a fraction of what their case is worth.

At the Law Office of Aaron W. Perry, we approach every maritime injury case with relentless preparation. As a former undefeated prosecutor, Aaron Perry knows how the defense operates, how to audit vessel maintenance logs, and how to build a battle-tested case designed to win—whether at the negotiation table or in front of a jury.