The sea is a dangerous place which, in turn, translates to an elevated risk of injury and accidents any time you leave land. The men and women who work at sea, aboard vessels, boats and barges, every day as a means of living are acutely aware and know this better than anyone.

Texas has high amount of ports, some of which are majorly important to different industries. Workplace accidents that take place at sea fall under a different law than injuries occurred in-land.

Texas is a place of major importance for the oil and drilling industry, being the major producer of crude oil in the United States of America. Producing in 2016 36% of the country’s crude oil total, three times more than then state coming at second place, North Dakota. Thousands of people are employed by the oil and gas industry in Texas. But, unfortunately, the oil and gas industry is a very dangerous one prone to disasters, accidents, injuries and even dead of employees.

The main contributing factor to the dangers of the oil and gas industry is the flammable nature of both substances, but the toxic fumes they produce must be taken into account, too. The Occupation Safety and Health Administration signals getting caught between objects, transportation accidents, explosions, fires, falls and working in confined spaces as the main hazards off-shore workers face.

Off-Shore drilling accidents can leave workers and their families exposed to long term consequences, such as mounting medical bills, chronic pain and injuries. In the most extreme cases, these accidents can turn out to be fatal.

But, most of the times, off-shore accidents have a human factor that comes into play when a person, entity or company is negligent or irresponsible in a way that compromises the safe development of the task at hand. These can include, but are not limited to the following examples:

  • Operator negligence that leads to accidents in helicopter or water vehicles.
  • Un-prepared or under-trained workers being charged with the management of heavy machinery.
  • Defective equipment.
  • Engine failures due to lack of maintenance.
  • Lack of proper safety clothing and gear to prevent serious accidents and / or injuries.
  • Leaking or uncontrolled flammable materials that explode or catch fire.
  • Exposure, that could be prevented, to toxic or harmful materials and fumes.
  • Accidents that involve falls caused by insufficient protection, carelessness or weather conditions.

These kind of accidents are relatively common in the oil and gas industry. The yearly average of these accidents is of around four hundred and seventy five in total. In 2016 alone there were one hundred and fifty five injuries, two fatal accidents, eighty six fires or explosions, and a hundred and fifty one accidents that involved lifting or moving heavy equipment.

Fortunately, off-shore and maritime workers are not left in the dark by the law when it comes to work place accidents. The Jones Act, also known as the Merchant Marine Act of 1920 or Maritime Law, is a federal law in effect in the United States that serves to protect the interests of off-shore workers and allows them the chance to secure compensation if they find themselves involved in any kind of accident leading to injury. The Jones Act covers injuries that include: burns, injuries that cause brain trauma or damage, spinal cord injuries, traumatic amputations, lacerations, broken bones, lung damage caused by the inhalation of chemical fumes. Workers that suffer injuries in off-shore drilling facilities benefit from the coverage of the Jones Act.

The Jones Act gives off-shore workers the right to sue ship owners, captains and fellow crew members if any of the above mentioned  parties’ negligence caused the injury or injuries or if the vessel was not in conditions that would be considered safe. To be considered as someone who qualifies under the Merchant Marine Act a worker must have what is described as a substantial connection to the vessel in question, both in time duration and nature. One of the provisions of the Jones Act is known as “Maintenance and Cure” a type of worker’s compensation that provides the injured off-shore employee with a weekly pay of medical benefits and wage.

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Off-Shore employees who have been injured at sea may qualify under the Jones Act for compensation, as may do the surviving family members of those who die as consequence of off-shore accidents. The Maritime Law protects workers from having to pay for medical treatments needed as a result of off-shore accidents out of pocket. After an off-shore drilling accidents affected workers must work with specialized attorneys in their area to fight for the maximum compensation possible through all available means.