Houston Maritime & Jones Act Lawyer

The Jones Act (46 U.S.C. §30104) is a federal law that gives injured seamen the right to sue their employer for negligence — a right not available under state workers’ compensation. Under the Jones Act, an employer can be held liable if its negligence played any part, however small, in causing the seaman’s injury. This “featherweight” causation standard makes Jones Act claims more favorable to injured workers than land-based negligence cases.

Maintenance and cure is an ancient maritime obligation requiring an employer to pay an injured seaman’s daily living expenses (maintenance) and medical treatment (cure) until the seaman reaches maximum medical improvement, regardless of fault. Maintenance is typically a small daily stipend (often $30–$45/day, though union contracts may negotiate higher rates). If your employer wrongfully denies maintenance and cure, you may recover attorney’s fees and punitive damages.

Under the U.S. Supreme Court’s Chandris v. Latsis decision, a worker qualifies as a Jones Act seaman if (1) their duties contribute to the function or mission of a vessel in navigation and (2) they have a substantial connection to the vessel or identifiable fleet — generally meaning at least 30% of work time aboard. Offshore drilling crews, deckhands, and tugboat workers typically qualify; most longshoremen and dock workers do not, but they may have rights under the Longshore Act.

Maida Law Firm handles maritime injury cases including offshore drilling rig accidents, commercial vessel injuries, tugboat and barge accidents, longshore and harbor worker injuries, jack-up rig and platform accidents, crane and cargo-handling injuries, slip and falls aboard vessels, chemical and toxic exposure, and wrongful death of seamen and offshore workers throughout the Gulf of Mexico and Texas inland waterways.

Maritime injury cases are governed by federal admiralty law — including the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), and the doctrine of unseaworthiness — rather than Texas workers’ compensation. This means injured maritime workers can sue their employer directly for negligence (impossible for most land-based workers), recover full damages including pain and suffering, and benefit from the lower “featherweight” causation standard under the Jones Act.

The statute of limitations for Jones Act and unseaworthiness claims is three years from the date of injury under 46 U.S.C. §30106. Claims under the Longshore and Harbor Workers’ Compensation Act must be filed within one year of the injury or last payment of benefits. Maritime evidence — vessel logs, crew statements, equipment — can be lost quickly, so contact Maida Law Firm as soon as possible to preserve your claim.