Tugboats move everything from cargo barges to massive ships, but just like any vessel at sea, tugboats can be involved in accidents. If you have an injury involving a tugboat, taking the right steps immediately is key to protecting your health and financial well-being. Here are a few tips from a maritime lawyer in Houston, TX, about what to do if you’re injured in a tugboat accident.
What Do I Do if I’m Injured in a Tugboat Accident? Tips from a Maritime Lawyer in Houston, TX
Seek Medical Attention Immediately
Your first priority should be immediate medical attention. No matter how minor you think your injuries are, getting assessed by a medical professional is essential. Some injuries have delayed symptoms: you may feel fine, but a medical examination can determine if you sustained an injury you aren’t aware of. An initial medical evaluation will also establish a clear record connecting your injuries to the accident. This record is vital if legal action becomes necessary later.
Report the Incident
Maritime laws require that any incidents causing injury or loss be reported to the proper authorities. This usually means your employer as well as the U.S. Coast Guard. Follow your company’s accident reporting procedure carefully. Provide a clear and factual account of the accident while the details are still fresh in your mind.
Document Everything
Witnesses
If you are able, try to gather the names and contact information of anyone who witnessed it. Witness statements can be incredibly powerful. Ask for their phone numbers, addresses, and the best way to contact them. Let them know your attorney might be reaching out in the future.
Accident Scene
Medical Records
Keep all records of your medical treatments, like bills and medical records, doctor’s notes and diagnoses, prescriptions, medication logs, physical therapy records, and even a personal diary where you note pain levels, missed workdays, and how your injuries affect everyday life. A daily log of your pain levels can be very important for demonstrating the seriousness of your injury.
Engage an Experienced Maritime Attorney
Injuries on the water bring a complex web of maritime law and other potential legal avenues into play. You need a maritime attorney who specifically understands tugboat accidents and relevant legislation like the Jones Act. Do not sign any documents or settlements from your employer or their insurance without legal counsel. These agreements are rarely drafted with your best interests in mind.
Common Causes of Tugboat Accidents
Common causes of tugboat accidents include employer negligence, such as poor equipment maintenance, inadequate training, understaffing, or unsafe working conditions (like a cluttered deck, obstructed walkways, or faulty equipment).
Of course, challenging weather conditions causing rough seas and poor visibility are often the cause of accidents at sea, as well as human error. Fatigue, distraction, or inexperience of workers can play a major role in accidents and injuries on boats, not to mention collisions with other vessels due to the congested areas where tugboats often operate.
Legal Rights of Tugboat Workers under Maritime Law
The Jones Act
Maintenance and Cure
Regardless of who is deemed at fault for your accident, as a maritime worker, you are entitled to “maintenance and cure” according to the law. Maintenance essentially provides a daily living allowance while you’re unable to work due to your injuries. Cure covers your medical expenses until you reach maximum medical improvement (MMI): a state where further treatment isn’t likely to significantly improve your condition.
Unseaworthiness
General maritime law also states that vessel owners have a responsibility to provide a seaworthy vessel. If your accident was caused by the vessel being unfit for operation or due to faulty or inadequate equipment, you may have a claim of unseaworthiness against the vessel owner.
Longshore and Harbor Workers’ Compensation Act
Another key piece of legislation that protects maritime workers is the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA provides benefits for maritime workers who might not qualify as “seamen” under the Jones Act. If your work primarily takes place on land or within the harbor on navigable waters, the LHWCA might offer a path for compensation similar to traditional workers’ compensation benefits.
Comparative Fault
Even if you feel partly responsible for the accident, you may still have legal rights. Maritime laws often utilize something called “comparative fault”, meaning that multiple parties can share fault, and compensation can still be recovered. Don’t assume that a mistake on your part automatically disqualifies you from receiving help. Your attorney will assess the degree of fault for every party involved, including your own, to build the strongest possible case.
The Legal Process
Pursuing a maritime injury case is often more difficult than a traditional personal injury or even worker’s comp lawsuit. Your maritime attorney will guide you through the steps of investigation, filing a lawsuit, and negotiation or trial. Your attorney will thoroughly investigate the accident, collecting evidence, interviewing witnesses, and consulting with experts to determine fault and the full extent of your losses.
In most cases, a lawsuit will be filed against your employer or another liable party. This lawsuit will outline your injuries and the compensation sought. Since insurance companies and maritime employers will often try to settle cases out of court, your attorney will actively negotiate on your behalf. If a fair settlement can’t be reached, your case may go to trial.
Being injured in a tugboat accident is a traumatic experience, both physically and emotionally. Don’t face this alone. Taking the right steps immediately following the incident and engaging a skilled maritime lawyer gives you the best possible chance to receive the compensation you deserve. If you or a loved one has been injured in a tugboat-related accident, contact Abraham, Watkins, Nichols, Agosto, Aziz & Stogner for a free consultation.