Corpus Christi Maritime Attorney

A Corpus Christi maritime attorney at The Burkett Law Firm represents seamen, offshore workers and longshore and harbor workers hurt on or near the water. Federal law controls these claims, mainly the Jones Act, general maritime law and the Longshore and Harbor Workers’ Compensation Act, not Texas workers’ compensation, and each carries different rights and deadlines.

Corpus Christi runs on the water. The Port of Corpus Christi is the country’s leading gateway for crude oil exports, and the ship channel, Inner Harbor and Gulf waters keep a large workforce on tugs, barges, dredges, crew boats, supply vessels, shrimp boats and offshore rigs. The Burkett Law Firm has represented injured Coastal Bend workers and their families since 1960, and lead attorney David Burkett is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Who does The Burkett Law Firm represent in maritime injury cases?

We represent workers and families in cases involving:

• Deckhands, tankermen, engineers, cooks and captains hurt aboard tugs, towboats, barges and supply vessels
• Commercial fishing and shrimping crews
• Workers on jack-up rigs, drillships and other mobile offshore units in the Gulf
• Dredging and marine construction crews
• Longshore workers, dock workers and shipyard and ship repair workers
• Families of workers who died at sea or on the docks

Common injuries include crush injuries from lines, winches and cargo, falls through open hatches, back and spinal injuries, head injuries, burns from engine room fires and drowning or near-drowning.

Many of these incidents happen during routine work: tying off barges in the Inner Harbor, transferring crew to an offshore unit by personnel basket, or handling cargo and lines in rough Gulf seas. Fatigue from long hitches, short-handed crews and pressure to stay on schedule are frequent contributing causes. Reporting the incident promptly and in writing, and keeping your own copy of that report, is one of the most useful steps an injured worker can take.

Which law covers your maritime injury?

The first question in any maritime case is which legal system applies, because that decides whom you can sue, what you must prove and how long you have.

Many cases involve more than one of these systems. A seaman can bring Jones Act, unseaworthiness and maintenance and cure claims together, and a harbor worker can collect benefits while also suing a third party.

Are you a seaman under the Jones Act?

Seaman status is often the most contested issue in a maritime case, because a seaman has far stronger rights than a land-based worker. The U.S. Supreme Court set the test in Chandris, Inc. v. Latsis (1995). A worker is a seaman if:

1. His or her duties contribute to the function of a vessel or the accomplishment of its mission, and
2. He or she has a connection to a vessel in navigation, or a fleet of vessels, that is substantial in both duration and nature.

On duration, the Court said a worker who spends less than about 30 percent of his time in the service of a vessel in navigation generally should not qualify, while calling that figure a guideline rather than a fixed rule. On the nature of the connection, the Fifth Circuit, which covers Texas, added questions in Sanchez v. Smart Fabricators of Texas (2021): whether the worker owes allegiance to the vessel rather than a shoreside employer, whether the work is sea-based, and whether the assignment is limited to a discrete task or includes sailing with the vessel.

These facts matter in Gulf work. Marine crew assigned to a supply boat, or to a jack-up rig that moves from location to location, may qualify. A contract worker sent aboard a jacked-up rig for a discrete job often does not, which is what the Fifth Circuit held in Sanchez. Workers on a fixed production platform usually do not qualify, because a fixed platform is generally not treated as a vessel. Our Corpus Christi Jones Act lawyers review job duties, work schedules and vessel assignments to determine status before an employer’s insurer frames the issue.

What must a seaman prove under the Jones Act?

The Jones Act, 46 U.S.C. § 30104, lets an injured seaman sue the employer and choose a jury trial. It incorporates the federal railroad worker statute, which makes an employer liable for injury resulting “in whole or in part” from its negligence. That is a lighter causation standard than most Texas injury claims require. Examples of employer negligence include:

• Inadequate crew size or training
• Unsafe orders from a captain or supervisor
• Failure to repair known equipment problems
• Forcing work in dangerous weather or sea conditions
• Lack of proper safety gear or procedures

A seaman’s own carelessness does not bar a Jones Act claim. Under the same federal statute, damages are reduced by the jury in proportion to the seaman’s share of fault, so a worker who was partly to blame can still recover. If a Jones Act seaman dies, his or her personal representative can bring the claim.

What is an unseaworthiness claim?

Vessel owners owe seamen a vessel that is reasonably fit for its intended use. That duty covers the hull, equipment, gear and crew. Slippery decks, frayed lines, broken winches, missing guardrails, defective safety equipment and an undertrained or undersized crew can all make a vessel unseaworthy. An unseaworthiness claim does not require proof that the owner was negligent, only that the unsafe condition caused the injury. The Supreme Court held in The Dutra Group v. Batterton (2019) that punitive damages are not available on an unseaworthiness claim.

What are maintenance and cure?

Maintenance and cure are no-fault benefits owed to a seaman who is injured or falls ill while in the service of the vessel. Maintenance is a daily payment for living expenses, such as rent and food, while the seaman recovers ashore. Cure covers medical treatment until the seaman reaches maximum medical improvement, meaning further treatment is not expected to improve the condition.

Employers and their insurers often pay a daily maintenance rate far below real living costs in the Coastal Bend, or cut off cure early based on a company doctor’s opinion. In Atlantic Sounding Co. v. Townsend (2009), the Supreme Court held that a seaman may recover punitive damages for an employer’s willful failure to pay maintenance and cure.

What if you are a longshore or harbor worker?

Workers who load and unload ships, repair vessels or build them are usually covered by the Longshore and Harbor Workers’ Compensation Act rather than the Jones Act. The Act covers injuries on navigable waters and on adjoining piers, wharves, dry docks, terminals and similar areas used in loading, unloading, repairing or building vessels. Its definition of covered employee excludes a master or member of a crew of any vessel, which is why seaman status and Longshore coverage do not overlap.

The Act pays medical care and disability benefits, generally at two-thirds of the worker’s average weekly wage for total disability, up to a maximum weekly rate set each year. Notice of the injury must be given within 30 days, and a claim generally must be filed within one year, subject to rules about when the worker knew the injury was work-related. A worker also may sue a vessel owner whose negligence caused the injury under 33 U.S.C. § 905(b), and may sue other negligent third parties. Our guide to the Jones Act vs. workers’ comp in Texas explains how these systems compare with Texas workers’ compensation.

How long do you have to file a maritime injury claim?

Under 46 U.S.C. § 30106, a lawsuit for personal injury or death arising from a maritime tort generally must be filed within three years after the claim arose. That is longer than the two-year Texas personal injury deadline, but it is not unlimited, and Longshore Act notice and claim deadlines are far shorter. Claims involving government vessels or public entities can carry their own shorter requirements. For deaths on the high seas more than three nautical miles from the U.S. shore, the Death on the High Seas Act may apply. Because the deadline depends on which law controls, it is best to have the facts reviewed early.

What damages can an injured maritime worker recover?

Depending on the claims available, an injured worker may recover:

• Past and future medical care
• Maintenance and cure
• Lost wages and lost earning capacity
• Physical pain and mental anguish
• Physical impairment and disfigurement
• Punitive damages for willful failure to pay maintenance and cure

When a worker is killed, the family may have claims under the Jones Act, general maritime law or the Death on the High Seas Act. Our Corpus Christi wrongful death attorneys handle these cases alongside our maritime practice.

How does The Burkett Law Firm build a maritime case?

Maritime employers and their insurers have experienced defense lawyers working from the day of the incident. We move quickly to level that field.

1. Lock down the record. We request the vessel log, incident reports, Coast Guard marine casualty reports, safety meeting records, maintenance logs and crew lists, and we send preservation letters.
2. Establish status. We document time aboard, duties and vessel assignments to prove seaman status or Longshore coverage.
3. Find every responsible party. An operator, vessel owner, contractor, charterer or equipment manufacturer may share fault. Offshore incidents often overlap with our oilfield accident attorney practice.
4. Prove the injury. We work with treating doctors, including physicians you choose, to document your condition and future care needs.
5. Choose the right court. Maritime claims can often be filed in state court, including the Nueces County district courts, or in the U.S. District Court for the Southern District of Texas, Corpus Christi Division. The choice affects how the case is tried.

You can learn more about the attorney who directs this work on David Burkett’s profile. The firm has recovered more than $80,000,000 for injured clients and families across its practice areas. Past results do not guarantee a similar outcome in any future case.

Maritime injury FAQ

Can I be fired for filing a Jones Act claim?

Federal courts recognize a claim for a seaman who is fired in retaliation for pursuing an injury claim. If you were disciplined or terminated after reporting an injury, tell your lawyer right away.

Do I have to see the company doctor?

You should get prompt medical care and follow reasonable treatment, but you generally do not have to rely only on a doctor the company selects. Company doctors may be quick to release you to work. A second opinion from your own doctor can protect both your health and your claim.

Does Texas workers’ compensation cover seamen?

No. Seamen who qualify under the Jones Act are covered by federal maritime law, not Texas workers’ compensation. Longshore and harbor workers are generally covered by the federal Longshore Act instead.

My employer is based in Louisiana. Can I still bring my case in Corpus Christi?

Often yes. Maritime law is federal and is meant to apply uniformly across the country, so an out-of-state employer does not prevent a claim. Where the case is filed depends on where the incident occurred and where the parties do business.

Should I give a recorded statement or sign anything?

Not without advice. Employers frequently ask injured workers to sign statements or accept early payments with releases attached. Those documents can be used to limit your recovery, so have them reviewed first.

What if I was partly at fault?

Under the Jones Act, your recovery is reduced by your percentage of fault but is not barred. Maintenance and cure is owed regardless of fault. Longshore Act benefits also do not depend on who was to blame.

When should you call a maritime lawyer?

The right moment is after you report the injury and get treatment, and before you sign any statement, release or settlement the company puts in front of you. A lawyer who gets involved early can secure vessel records and crew accounts while they still exist and keep you ahead of the federal deadlines. The Burkett Law Firm offers free consultations at its downtown office at 538 S Tancahua St, Corpus Christi. Maritime injury cases are handled on contingency, so you pay no attorney’s fee and no case costs unless the firm recovers compensation for you. Call (361) 882-8822 or contact The Burkett Law Firm to discuss your case.

Reviewed by David Burkett, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization