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LONGSHOREMEN & HARBOR


Compensation for maritime workplace injuries

When workers are injured on the job in Texas, they often do not have the guaranteed safety net of workers’ compensation benefits. Our state is one of the few that does not make it mandatory for employers to carry such insurance. However, Texas maritime workers employed in the state have rights to recover money under Federal Law following work accidents, including the ability to seek recovery through the Longshore and Harbor Workers’ Compensation Act (LHWCA) or Jones Act.

How to qualify for benefits

Maritime workers must show that they are eligible for coverage by proving “status” and “situs.” The status aspect requires that employees perform at least some maritime work. While this obviously includes longshore workers and ship repairers, others whose jobs do not require them to constantly be on the ship or at the harbor may also receive benefits, including those who drive trucks carrying shipping containers.

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The situs portion of the qualifying test requires maritime workers to prove that their job requires them to work on, near or adjacent to navigable water. This means that even employees who never set foot on a ship may qualify. There is no hard and fast rule for what “near” or “adjacent” mean, but most courts take it to mean that the claimant must work within a mile of these waters. 

Let an experienced maritime accident attorney help

A knowledgeable accident injury lawyer in Houston can advise you regarding this complicated issue. If you’ve been hurt on the job, a skilled attorney with the Law Office of Shane R. Kadlec in Houston can help. Set up a free consultation with Shane Kadlec at his Houston office to explore your recovery options.

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"Shane showed genuine concern about my well-being. He not only gave me excellent legal service, he did so with compassion and integrity."

--Tracy

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Ste 725
Houston, TX 77007

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