The Jones Act & Offshore Injuries

San Antonio, Texas Offshore Injury Attorney

If you were injured while working as a seaman, there are two ways you may be able to collect for your damages under the provisions of the Jones Act which was passed in 1920. It is the same law referred to as the Merchant Marine Act of 1920. The first step for collecting under either theory is to prove you were a seaman at the time of your injury.

The Jones Act Applies Only to Seamen

The law itself says it applies only to seamen, but it does not contain a definition for what qualifies someone to be considered a seaman. Through the years, various decisions from the Supreme Court of the United States as well as from various federal circuit courts have provided a working definition. Workers will be classified as seamen if they meet the following criteria. Similarly, cases like Texas oil field accident claims often involve complex legal definitions and require expert guidance to navigate successfully.

  • The person is a crew member of a vessel, or fleet of vessels, and the vessel or fleet operates in navigable waters. This means waterways that are used for, or capable of being used for, interstate or foreign commerce.
  • The work performed by the person is related to the purpose of the vessel.
  • The person spends at least 30 percent of their working time on the vessel.

Once you prove you were a seaman, you can then collect maintenance and cure from your employer as long as you can prove you were injured during the course of your employment. You may also sue your employer for negligence. A San Antonio catastrophic injury attorney can guide you through this process and ensure you receive the compensation you deserve for your injuries. Similarly, families pursuing San Antonio birth injury claims can seek justice for injuries caused by negligence during childbirth, ensuring accountability and compensation for affected children and their families.

TELL US WHAT HAPPENED

Offers Maintenance and Cure Damages

Maintenance and cure payments are intended to compensate seamen for injuries they received while working on a vessel. This is similar to workers’ compensation in that that the injured seaman does not have to prove the employer was negligent. The only proof necessary is that the injured person was a seaman and was injured while working on the vessel.

  • Maintenance is payment made to you for your necessary living expenses.  What is necessary is determined by a bare bones evaluation of your needs and generally pays only for costs such as your mortgage or rent, utilities, taxes, and food. It does not pay for things deemed not necessary, such as cable television, internet, or even your car.
  • Cure covers reasonable and necessary medical expenses as well as reasonable costs of transportation necessary for the seaman to get to the treatment location.

Filing a Claim for Negligence for a Texas Offshore Injury

You can file your claim against your employer, whether or not he or she is the owner of the vessel. You must prove that the owner, a coworker, an officer of the ship, or an operator, acted negligently and as a result, you were injured or your loved one suffered a wrongful death. In a regular personal injury action, you have a heavy burden to prove the defendant’s negligence was the cause of your injury. Under the Jones Act, even if the employer was only one percent responsible for your injury, you can still collect damages.

How a Texas Offshore Injury Attorney Can Help

Pursuing a claim under the Jones Act is not easy. It requires the attorney working for you to have expertise and experience in maritime law.  San Antonio work injury attorney Eric Ramos offers free consultations so he can discuss your case with you. When reviewing your case, we may discover you have an additional claim under the unseaworthiness doctrine.

The deadline for filing a compensation claim under the Jones Act, or for compensation on the grounds of unseaworthiness, is generally three years from the date of your injury. Do not miss the deadline. Contact our San Antonio personal injury lawyers at (210) 404-4878.

Frequently Asked Questions

Can San Antonio residents file offshore injury claims even if the accident happened outside the city?

Yes. Many offshore workers live in San Antonio and are employed by Texas-based companies. If you were hired, trained, or managed through a Texas employer, you may still pursue an offshore injury claim. Eric Ramos Law, PLLC represents San Antonio residents injured while working offshore.

What types of offshore workers from San Antonio are eligible to file injury claims?

San Antonio workers employed as rig hands, vessel crew members, mechanics, welders, supervisors, or support staff may qualify for offshore injury claims. Eligibility depends on your job duties and work environment. Eric Ramos Law reviews employment details to determine which federal laws apply.

What is the Jones Act, and does it apply to my offshore injury in San Antonio, TX?

The Jones Act allows qualifying seamen to seek compensation from their employer for injuries caused by negligence. If you worked aboard a vessel and spent a significant amount of time at sea, you may qualify. A San Antonio offshore injury attorney at Eric Ramos Law can assess your eligibility.

What compensation is available for offshore injury victims in San Antonio, Texas?

Offshore injury claims may include compensation for medical expenses, lost wages, future earning capacity, pain and suffering, and ongoing medical care. Eric Ramos Law, PLLC evaluates both immediate and long-term impacts for injured offshore workers connected to San Antonio.

Can I file a claim if my offshore injury was caused by unsafe equipment or conditions?

Yes. Employers and vessel owners have a duty to provide a safe working environment. Injuries caused by defective equipment, poor maintenance, or unsafe working conditions may support a claim. Eric Ramos Law investigates offshore accidents to identify safety violations and responsible parties.

Do offshore injury cases fall under Texas workers’ compensation?

Most offshore injury claims are not handled through Texas workers’ compensation. Instead, they may fall under federal maritime laws that provide stronger protections. A San Antonio offshore injury attorney at Eric Ramos Law can explain which legal path applies to your case.

How long do I have to file an offshore injury claim in San Antonio, TX?

Deadlines vary depending on whether your case falls under the Jones Act, maritime law, or other federal statutes. Missing a filing deadline can jeopardize your claim. Eric Ramos Law ensures offshore injury cases connected to San Antonio meet all applicable time limits.

Should I accept a settlement from my employer after an offshore injury?

Early settlement offers may not reflect the full value of your injuries, especially if long-term medical care or lost earning potential is involved. Before accepting any offer, offshore workers in San Antonio should consult with Eric Ramos Law to understand their rights and options.

How can a San Antonio offshore injury attorney help my case?

An offshore injury attorney handles evidence collection, employer negotiations, maritime law analysis, and litigation if necessary. Eric Ramos Law, PLLC provides personalized legal representation from its San Antonio office, allowing injured offshore workers to focus on recovery.

How much does it cost to hire a San Antonio offshore injury attorney?

Most offshore injury cases are handled on a contingency fee basis, meaning you pay no upfront legal fees. Eric Ramos Law, PLLC only gets paid if compensation is recovered on your behalf. This allows injured offshore workers in San Antonio to pursue justice without worrying about out-of-pocket legal costs.

Get to Know Us

We are a small firm that is big on service, proudly assisting clients throughout San Antonio, including Alamo Heights (78209), Stone Oak (78258), Downtown San Antonio (78205), and Southtown (78210). To learn more about our approach to personal injury cases, explore our helpful guides in the personal injury resources section.

As your dedicated San Antonio personal injury attorney, we remind ourselves to “treat our clients like we treat our family.” Let’s sit down and chat to see if we’re a fit for your needs. Even if we can’t help with your case, we’ll gladly point you in the right direction and get you back on the road to recovery. Call us today at (210) 404-4878.

Contact Us

If you or a loved one has been injured due to someone else's negligence, don’t hesitate to reach out to us. At Eric Ramos Law PLLC, our dedicated team is here to listen, answer your questions, and provide the legal guidance you need. You can also explore recent outcomes on our case results page or read feedback from past clients on client reviews. ​

If you’re seeking information about our personal injury practice areas in San Antonio or want to discuss your case with a San Antonio injury law firm you can trust, we encourage you to contact us today. Let us help you take the first step toward obtaining the compensation you deserve.

Eric Ramos Law, PLLC

Personal Injury Lawyer San Antonio

Office

7979 Broadway #207, San Antonio, TX 78209 USA

Phone

(210) 404-4878

Hours

Monday: Open 24 hours

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