Jones Act Injury Claims – Offshore Injuries

Maritime Injury Lawyers


The area of Maritime Law is incredibly complex.  If you are injured as a worker in the maritime industries, you will immediately be confronted by a host of threshold questions that will help to determine the outcome of your case. 


·        Does your case fall under the Jones Act? 


·        The Longshore and Harbor Workers’ Compensation Act (LHWCA)? 


·        The Death On the High Seas Act (DOHSA)? 


·        General maritime law principles? 


Each of these legal frameworks has their own challenges, procedures, and issues.  If you are injured, you should immediately contact an experienced and knowledgeable maritime attorney.  The attorneys of Simon Herbert & McClelland LLP have the experience and knowledge to handle your maritime injury case.


Texas, with its long coastline and important ports, is a crucial maritime hub for the United States.  The work undertaken by maritime workers is important to our nation’s economy, but it can also be dangerous work where injuries or even death can occur.  You need an attorney experienced in maritime law to help you determine under which statutory laws your injury falls.  Even that threshold determination is not a simple one.  The answer is important, because generally speaking Jones Act claims are worth more than LHWCA claims, but that is not always the case.


For the purposes of this article, let’s assume that it has been determined that your claims fall under the Jones Act.  The Jones Act was passed in 1920 in order to protect the rights of “seamen”.  It provides recourse for those seamen who are injured or killed while working on a “vessel” on navigable waters due to the negligence of their employer or fellow seamen or crewmembers, or especially due to the unseaworthiness of their vessel.  As you can already tell, determining who qualifies as a seamen, what vehicles are considered vessels and what constitutes negligence are all technical and legal determinations.  You need the counsel of an experienced maritime attorney to help you navigate through these issues.  The maritime injury attorneys of Simon Herbert & McClelland LLP have dealt with these kinds of issues and can help you to determine what rights you should pursue to get compensation for your offshore injuries.


To qualify under the Jones Act, you must be categorized as a “seaman.”  The Jones Act itself is rather vague on what makes a seaman, but the U.S. Supreme Court has clarified the definition.  Basically, a “seaman” is a person who is assigned to a moveable vessel on navigable waterways.  Additionally, the “seaman” must have a job assignment that contributes to the vessel’s function or mission.  Finally, the “seaman” must be connected to the vessel for a substantial time period and in the nature of his work.  In other words, he can’t just come onboard briefly and still be considered a “seaman” just because he sets foot on the vessel.


The second major decision is whether the water vehicle or structure at issue is a “vessel” for Jones Act purposes.  This determination is sometimes difficult to make, and you should consult with an experienced maritime injury lawyer. The Jones Act attorneys of Simon Herbert & McClelland LLP can assist you in determining whether you were injured while working on a “vessel”.  Some vessels may include: ships, boats, ferries, fishing boats, cruise ships, riverboats, riverboat casinos, casino ships, some barges, tankers, jack-ups, tow vessels and tug boats.  These are only some examples of what have been determined as “vessels” by the courts.


Injured at Sea – Jones Act Lawsuit Attorneys


The Jones Act offers several benefits to the seaman.  First of all, if the seaman becomes injured or sick while working on a voyage, whether or not there is negligence involved, that seaman is entitled to medical treatment and “maintenance” pay through the end of the voyage and until the seaman reaches “maximum medical improvement.”  This is often called “maintenance and cure.”  If there is negligence involved in the injury or illness, then the seaman is also entitled to sue the responsible parties for past and future medical expenses, pain and suffering, past and present loss of income and mental anguish.  If death occurs, then the deceased seaman’s family may recover for funeral expenses, pain and suffering of their loved one, medical expenses, lost wages between the time of injury and death and other damages.


Many Jones Act claims involve seaworthiness questions regarding their vessel.  If there is an unsafe condition aboard the vessel, then the shipowner or employer is often negligent. A shipowner has the duty to make sure that equipment and areas of the ship where workers will be performing their tasks are reasonably safe.  Maritime law prescribes special rules on pursuing these negligence claims.  Perhaps you also have products liability claims against the manufacturers of defective equipment that were involved in your injuries.  With all of these factors to consider at once, at a time when you or your loved one has experienced a traumatic injury or death and your family is struggling with the emotions and pressures of making ends meet, you need an attorney with experience in these matters to help you navigate these treacherous waters.  The accident and injury attorneys of Simon Herbert & McClelland LLP can help analyze your case and to help you make the best and most informed decisions possible regarding how to proceed with your potential claims.


It costs you nothing for an initial consultation with the attorneys of Simon Herbert & McClelland LLP.  We will meet with you and evaluate your potential claims.  There are many factors involved in determining the value of your damages or loss, and also in determining the possible outcome of your case.  It is crucial that you meet with an experienced and knowledgeable maritime lawyer as soon as possible after your injury.  There are many complicated and confusing aspects to navigating through a Jones Act claim, and the injury lawyers of Simon Herbert & McClelland LLP are knowledgeable and experienced with Jones Act claims.  When you meet with us at your initial consultation, we can explain this entire process in detail. 


Jones Act Lawyers – Offshore Injuries in the Gulf


Please contact us at 713-987-7100. The Jones Act Injury Lawyers at Simon Herbert & McClelland LLP welcome the opportunity to discuss the details of your potential case at a free initial consultation.


Laid Off Oil and Gas Worker Claims Lawyer │ Energy Industry Layoff Lawsuits Attorney Houston Texas USA

Houston Layoff Claims & Employment Litigation Attorneys

If you've been suddenly laid off, you’re probably thinking about where you’ll get your next job and how you’ll be paying your bills in the immediate future, and not necessarily whether your employer violated any laws or employment agreements you may have had.

Do you believe you were given little or no notice before being laid off?

If your employment suddenly ended or you were part of a mass layoff, you may have a legal claim against your employer under the WARN Act. Employees that have been laid off suddenly with no warning and through no fault of their own could have claims under The Worker Adjustment and Retraining Notification Act – WARN Act. This Act provides up to 60 days of pay and benefits to those who are unlawfully laid off without advance written notice when they are employed by large employers. This includes those in the bustling Oil And Gas industry that Texas is known for, however these articles from KQED, the LA Times and NPR may give a different perspective.

In addition to the WARN Act, employees that are part of mass layoffs could be entitled to compensation known as severance pay or other compensation if they have an employment contract or some type of severance package agreement that has been breached. A number of employment contracts and worker agreements have clauses and stipulations regarding layoffs, terminations, and severance packages. If you have been laid off it is extremely important to get legal advice as soon as possible from an experienced employment law attorney so that you can know your legal rights.

The employment litigation attorneys at Simon Herbert & McClelland LLP are dedicated to helping protect the rights and interests of workers that have legal claims against their former employers. SHM aggressively prosecutes employment law claims for our clients in state and federal courts. If you believe you have a case against your former employer that arises out of a layoff, a breached employment agreement, a WARN Act violation or other employment related claim; we would like to hear your story. To learn more about your legal options, call us at 713-255-9148 or 1-800-741-0718 or email us at

Employment Lawyers in Houston for Laid Off Oil & Gas Workers

Oil and Gas Worker Claims Attorney │ Oil Industry Employee Layoff Lawsuits Lawyers

Oil & Gas Worker Layoff Claims Attorneys

WARN Act (Worker Adjustment and Retraining Notification Act) Lawyers

If you have been recently laid off then you need to know your legal rights. The WARN Act (Worker Adjustment and Retraining Notification Act) lawyers of Simon Herbert & McClelland LLP in Houston handle a variety of legal matters for laid off employees and those that have been involved in mass layoffs. In fact, the oil industry has been in the news numerous times lately. Check out this article over at CBS NEWS.

Being suddenly laid off can make your life quite stressful and financially burdensome however you may have a claim for financial compensation if your former employer violated the WARN Act. The Worker Adjustment and Retraining Notification Act requires employers to provide 60 days' notice to all employees being laid off in a WARN event.

The WARN Act grants protection to employees in many situations but the timelines and applicability are specific to each case. Not all employers are covered by the WARN Act. Employers must have at least 100 employees, counted in accordance with the Act, for the law to apply.

If you have been laid off and believe you may have a WARN Act claim or your former employer may have breached an employment contract or severance package agreement please contact us at 713-255-9148 or 1-800-741-0718 or by email at

Texas Oil and Gas Employee Layoff Claims Lawsuits


Houston Whiplash Injuries Attorney │ Whiplash Injury Lawyer Houston

Houston Whiplash Injuries

Whiplash Injury Attorneys in Houston

Being involved in a car accident often results in some type of personal injury. Even “fender benders” or car accidents that occur at low speeds without much damage to the vehicles involved can cause a whiplash injury. If you have been involved in an accident and have sustained a whiplash injury it is important to get medical treatment and evaluate the extent of your inquiries. Since whiplash injuries can’t really be seen from the outside of the body, it can be difficult to get compensation for your whiplash injury claim from an insurance company.

When someone sustains a whiplash injury, there are often soft tissue damages to the body. The most common type of whiplash injury is to the head and neck which often includes damage to muscles, ligaments, discs, vertebrate, and joints. Whiplash injuries often result in chronic pain which requires treatment by a medical professional. Whiplash injury and the ongoing pain that accompanies it can happen in low-speed crashes. In fact, research shows that if you are involved in a motor vehicle accident, regardless of whether the vehicle is totaled or sustains no damage, you have a one-in-three chance of suffering chronic pain due to a whiplash injury. Studies also show that those who have the worst whiplash injuries are those who were totally unaware of and unprepared for the crash.

Insurance companies aren’t in business to pay you the most compensation for your whiplash injury; they just want to settle the case for as little as possible. If you or a loved one has sustained a whiplash injury it’s always a good idea to get legal advice before you settle your whiplash injury claim. Don’t let insurance company adjusters minimize your potential recovery for your whiplash injuries.

If you have been in an accident and have suffered a whiplash injury or sustained personal injuries as a result of an accident in Houston, call the personal injury attorneys at Simon Herbert & McClelland LLP at 713-255-9148. We may be able to help you get the compensation you deserve.

Houston Whiplash Injury Lawyers

Houston Scaffolding Accident Lawyers │ Construction Scaffold Injury Houston

Scaffold Accidents

Houston Scaffolding Injury Lawyers

Scaffolds and ladders at construction sites are inherently dangerous to work on. Construction sites are busy places and there are usually several different things going on at any given moment. Materials may be delivered while different contractors, sub-contractors, and tradesmen are working in close proximity at the site. If there’s scaffolding or ladders involved then there’s another element added to the already dangerous work environment.

Scaffolding accidents can cause serious and sometimes fatal injuries to those involved. Falling off of a scaffold, falling debris from a scaffold, defective scaffolding or ladders can sometimes be the cause of fatal construction site accidents. Reckless contractors, subcontractors, or deficient setup of scaffolding by a scaffold company can also be a cause. Whether it’s an electrocution due to unsafe temporary wiring or a fatal injury is sustained by a defective piece of equipment, knowing who is responsible in a scaffold accident case is often the key to a successful recovery.

When a scaffolding accident occurs on a construction site, the responsibility for the injury may be attributed to a variety of businesses or individuals, which might include the scaffolding company, the property owners, the general contractor or project manager, subcontractors, electricians, architects, engineers, insurance companies and sometimes equipment manufacturers. When scaffolding accidents happen it’s very important to know what parties may have responsibility in order to pursue a wrongful death or personal injury claim. A personal injury lawyer handling a scaffold accident case should have experience in construction methods, as well as the inspection of worksites, preservation of critical evidence and the investigation and questions of critical witnesses

Additionally, knowledge of Houston building codes and permitting requirements, along with both Texas state and federal laws governing construction sites is imperative when developing a case against all of the third parties that may be responsible for a scaffolding accident.

If you have been injured in a Houston scaffolding accident or a loved one has died in a fatal construction accident, you need a lawyer that has extensive knowledge of scaffolding accidents, construction site hazards and defective products. At Simon Herbert & McClelland LLP our wrongful death construction site attorneys can help you determine how to pursue justice. Call us at 713-255-9148 or toll-free at 1-800-741-0718 for a free case evaluation.