Average Maritime Injury Settlement in Texas [2024 Updated]

Numerous maritime workers are based in the Houston area, and as with many industries, these workers are exposed to certain profession-related risks and injuries. Qualified maritime accident lawyers are prepared to assist clients who have suffered from illnesses and injuries common within the maritime industry. However, the average maritime injury settlement in Texas can vary due to many factors.

Federal Laws That Protect the Rights of Injured Maritime Workers in Texas

The Jones Act is a federal maritime law that provides maritime workers with legal rights to pursue compensation for workplace negligence that resulted in their injury at sea or while conducting maritime duties.

This statute grants workers the right to file a claim against an employer or a neglectful third party to be repaid for maintenance and cure (daily living and medical expenses) and lost wages. Maritime workers also have the right to choose a medical doctor or seek a second opinion and to file a seaworthiness claim if the accident was the result of poor equipment or vessel maintenance.

Individuals who are not covered by the Jones Act, such as longshore and harbor workers, may seek compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Longshoremen and harbor workers who endure bodily harm due to negligence within the line of duty must complete the Status Test and the Situs Test. These tests determine the worker’s outlined duties and where the injury was suffered, which must be while conducting maritime job duties within a maritime work environment. A maritime injury lawyer can help you determine if you qualify for the extensive benefits this federal law awards.

Common Maritime Accidents and Injuries in TX

These are just some examples of maritime accidents and resulting injuries:

• Chemical exposure – Flammable chemicals, gasses, fumes, and other dangerous substances are common within maritime environments and can be harmful to inhale or handle over long periods of time.Pneumonia is one illness that can result from the lungs being severely inflamed following toxic inhalation. Failure to provide workers with sufficient safety equipment can increase the chances of injury and leave their employer liable.
• Occupational diseases – Mesothelioma (also called asbestosis) is a cancer that can develop over long-term maritime work since the mineral asbestos is common at oil rigs, shipyards, etc. Hearing loss and heart disease are also common conditions observed among maritime workers due to daily repetitive motion and loud machinery or tools.

Other places where harm can occur within the maritime line of duty include longshore and shipping container-related injuries, dangerous and/or faulty equipment, and unseaworthy vessels.

Average Settlement Payout for Maritime Injuries in Texas

Compensation for a maritime accident will vary depending on multiple factors, such as the extent of your injuries, the type of maritime incident, vessel conditions, the level and assignment of negligence, and more. A personal injury attorney can provide an accurate approximation of your potential settlement payout.

More serious injuries will yield higher settlements due to more expensive medical care and more time spent away from work. In particular, catastrophic injuries may result in the highest settlements.

Settlements for maritime wrongful death cases are often larger than typical injury payouts. Family members of maritime workers who die in the line of work may be able to file wrongful death claims in certain cases. These claims are intended to compensate loved ones for their damages, like a loss of household income and mental pain and anguish due to their grief.

FAQs

Q: How Much Money Should I Ask for in a Maritime Injury Settlement?

A: How much money you should ask for in a maritime injury settlement can vary. You can insist on a better settlement offer if the insurance company previously proposed amounts lower than you’re entitled to for damages.

It can be hard to know the amount of compensation that can cover your damages, so it’s important to speak with an experienced maritime accident lawyer who understands the appropriate settlement for your circumstances. Generally, the total sum should cover all your medical expenses, lost wages, and other proven damages.

Q: Do You Have to Pay Taxes on a Maritime Injury Settlement in Texas?

A: You don’t have to pay taxes on maritime injury settlements, save for some exceptions. When reporting the compensation to the IRS, you’re exempt from state and federal taxes except for the portion that’s recompense for lost wages; since it’s considered income, it’s legally taxable. Punitive damages, which are not awarded in most claims, are also subject to taxes. These damages are meant to punish the defendant for their extreme negligence or recklessness.

Q: How Much Am I Likely to Get for My Maritime Injury?

A: How much you are likely to get for your maritime injury depends on many factors, such as the experience and skill of your attorney. The type and extent of your injuries, the necessary medical treatment for a full recovery, the circumstances of the maritime accident, the liable party/parties, and their insurance coverage are other aspects to consider.

A maritime accident lawyer should be able to provide you with an accurate estimate of your potential compensation based on the details of your case.

Q: How Much Does a Maritime Accident Lawyer Cost?

A: Most injury attorneys, like those serving victims of maritime accidents, operate on a contingency fee basis, meaning they take an agreed-upon percentage of your awarded compensation, which can vary.

If your lawyer cannot earn you a settlement payout, you are only responsible for the court and filing fees they paid for upfront during legal proceedings, along with any additional (non-attorney) legal expenses that would require payment regardless of obtaining compensation. Otherwise, your attorney won’t charge for their services if they use a contingency fee structure.

When You’ve Been Hurt or Sick as a Maritime Worker, Reach Out to a Lawyer

If you’re a maritime worker who believes they have an occupational injury or illness, speak with an attorney at Stevenson & Murray. Our law firm is familiar with the complexities of maritime law and representing clients injured in the line of duty. Consult with a maritime accident lawyer today.