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Keith Lapeze • Mar 08, 2018

How Long Do I Have to File a Maritime Injury?

It can seem like there are not enough hours in the day to juggle medical expenses, rehabilitation, and reparations after a maritime accident. With such little time, finding the right maritime lawyer in the Gulf Coast area that can adequately represent you begins to seem more like a pipe dream than a reality.

But there is hope.

Houston’s own maritime lawyers at Lapeze & Johns have represented hundreds of offshore workers and longshoremen over the last 20 years and helped them to receive compensation totaling over $385 million, and like them, we can help you too. While we help you with your maritime injury case, you can rest easy knowing that you are being well taken care of.

Since we know that picking up the pieces of your life can take time, it is imperative that you file your maritime injury claim as soon as possible. Statutes of limitations exist for Jones Act and other maritime laws, and failure to file within those deadlines can leave you without compensation. Here is what you need to know about how much time you have to file a maritime claim.

The Jones Act

The Jones Act was enacted in the 1920s, and it provides protection to injured maritime workers qualifying as seamen. It also gives maritime workers injured on the job the right to be compensated for:

Damages sustained due to unseaworthiness of the vessel.
A negligent act committed by the ship’s owner, captain, or crew.
Maintenance and cure benefits.

The statute of limitations for filing a maritime injury under the Jones Act is three years from when the accident occurred.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

Under this particular act , an injured worker must file a claim within the first 30 days after the injury was sustained. For an LHWCA claim for benefits, the claimant must file within one year from when the accident occurred.

Death on the High Seas Act (DOHSA)

This act enables relatives of the deceased to file a claim within three years after the occurrence if the death was caused by a wrongful act, negligence, and/or happened three nautical miles from the shore of the United States.

Admiralty Jurisdiction Act, Suits in Admiralty Act, Public Vessels Act

For an injury sustained while working on a U.S. government vessel, owned or chartered, the statute of limitations falls under two years from the date the injury was received. Take note, however, that filing as soon as possible should be an utmost priority when filing under these acts.

Even though you have a two year period to file, there is a six month denial period before you can actually file, essentially leaving you with an 18 month period to file a claim.

Outer Continental Shelf Lands Act (OCSLA)

The statute of limitations for this particular act depends on the state that is next to where your drilling rig or other offshore structure is located. For instance, if the injury occurred near the shores of Texas, you have two years to file an OCSLA claim. In Florida, it’s up to four years.

Get in touch with your Gulf Coast maritime lawyers at Lapeze & Johns to find out what laws affect your circumstance.

Waiting too long can result in a lost chance to earn the recovery you deserve. File your appropriate claim now with the Houston lawyers at Lapeze & Johns.

You have the rights as a maritime worker to seek compensation for damages caused by a maritime work injury. Don’t wait too long after the incident; doing so may forfeit your chances at financial easement from mounting bills. The maritime injury lawyers of Lapeze & Johns live and breathe maritime law and can help you get the compensation you deserve.