Manuel Gonzales, PC

Can a maritime worker sue after an equipment injury?

2026-08-28T08:14:47Z

A broken winch, failed lift or damaged piece of equipment can cause serious injuries on a vessel or at a port. After an accident, a worker may wonder whether workers’ compensation is the only option or whether someone else may be responsible. The answer depends on the worker’s job, where the accident happened and what caused the equipment to fail.

Who may be responsible for the injury?

For workers covered by the Longshore and Harbor Workers’ Compensation Act, employers must provide a reasonably safe workplace and maintain necessary safety devices and equipment. In some situations, an injured worker may also have a claim against a vessel owner or operator if the vessel owner’s negligence contributed to the injury. If a worker qualifies as a seaman, different rules may apply. The Jones Act allows a seaman to file a claim when an employer’s negligence contributes to an injury. A separate unseaworthiness claim may apply when a vessel is not reasonably fit for its intended use. The worker’s classification can affect the available legal options.

What happens after an equipment failure?

An equipment-related injury can raise several questions about what happened and who may be responsible. Important information may include:

Who owned or operated the equipment
Who maintained or inspected it
Whether anyone knew about a defect or earlier problem
Whether the equipment had been repaired before the accident
Whether other workers witnessed the accident
Whether photographs, maintenance records or inspection reports exist
Which maritime laws may apply

An attorney reviewing the claim may examine these details to determine whether another party could be responsible and which legal protections may apply. The worker’s classification, the equipment involved and the circumstances of the accident can all matter.

What should you do after the accident?

Report the injury and seek medical attention. If possible, photograph the equipment and accident scene before anything is repaired or replaced. Keep medical records and write down what happened while the details are fresh. Do not assume workers’ compensation is the only possible source of recovery. A maritime worker may have different rights under maritime law depending on whether the worker is a seaman, longshore worker or another covered employee. Getting the worker’s classification, accident details and equipment history right early can help determine which legal protections may apply.

What Houston truck accident victims can claim for lost income

2026-08-14T07:41:13Z

Being involved in a truck accident can affect more than just your health. It can also change your financial stability. Medical bills can quickly add financial pressure, especially when injuries prevent you from working. If your injuries prevent you from working, you may have legal options for recovering your lost income.

Three types of lost income you may be able to recover

Under Texas law, you may be able to recover compensation for your financial losses caused by the accident. If your injuries keep you from working, your lost income includes:

Past lost wages: If you could not work because of the accident, you may be able to recover compensation for the income you would have earned during that time. Medical records and employment documents could help support this part of your claim.
Future lost earning capacity: If you are unable to work or your injuries limit your ability to perform your job, you may be able to pursue damages for your reduced ability to earn income in the future.
Lost employment benefits: In some cases, you might get compensation for loss of employment benefits, such as bonuses, if they were affected by the accident and has been documented.

Claims for lost earnings generally require evidence to support the amount you are seeking. This may include a letter from your employer confirming missed work, W-2 forms or tax returns and medical records documenting how your injuries affect your ability to work.

Preserve your financial stability

Accidents may be challenging to go through, but they do not have to determine your financial fate. You might have grounds for recovery of financial losses due to injuries. Thus, it is important to understand your legal options as well as the legal steps to take for seeking compensation. These allow you to help you protect your financial future.

Texas’ at-fault rules and how they affect your auto claim

2026-08-06T13:00:24Z

If you were recently in a car accident in Texas, you are probably dealing with a lot of issues. Car repairs, medical appointments and missed work can take up valuable time and funds. In this chaos, one of the most important things affecting you is how Texas law handles accident claims. Texas operates under an "at-fault" (or "tort") system, which substantially impacts how you pursue compensation for your losses. Understanding how to navigate the legal framework is essential to safeguarding your rights.

What is an “at-fault” state?

A driver who causes an accident is at fault and responsible for paying the damages in Texas. The state allows you to pursue damages directly from the at-fault driver. In comparison, no-fault states require you to file with your own insurance regardless of who caused the crash. At-fault states like Texas require responsible drivers to compensate affected parties for various expenses. Compensatory damages may include:

Medical bills
Lost wages
Vehicle repairs and replacement
Property damage
Pain and suffering

However, to secure this compensation, Texas requires you to prove that the other driver was negligent before their insurer pays.

What is modified comparative negligence?

Texas adheres to a legal principle called “proportionate responsibility,” also known as modified comparative negligence. This rule allows multiple parties to share fault. However, your percentage of fault will determine how much compensation you receive—or whether you can recover anything at all. Texas enforces a strict 51% threshold that you need to take into account. You can receive compensation from the other driver as long as you are 50% or less at fault for the collision. If a jury or insurer finds you 51% or more at fault for the collision, you cannot recover damages from the other party. If you are responsible for less than 51%, your partial fault will reduce the compensation you receive by that percentage.

How you can defend your claim

Insurance companies scrutinize evidence like medical records and statements because fault determines how much they must pay. You carry the burden of proof as the person filing the claim. You should approach your claim with caution. It is in your best interest not to admit fault or reach settlements without legal advice. After seeking medical attention, focus on compiling evidence such as police reports, scene photos and witness contact info. Finally, a legal representative can help you build a strong foundation for your claim and protect your right to full compensation.

Can pedestrians share fault under Texas law?

2026-07-27T18:13:24Z

When a collision occurs between a vehicle and a pedestrian, many people assume that the driver is at fault. However, under Texas law, pedestrians can share fault for an accident. Understanding how liability works is crucial if you are seeking compensation after a pedestrian-vehicle crash.

Common situations where pedestrians might share the fault

Insurance companies and, if necessary, the courts evaluate whether both the driver and pedestrian exercised reasonable care under the circumstances. A pedestrian is frequently assigned a percentage of fault in situations including:

Jaywalking: Crossing mid-block outside of a designated crosswalk
Ignoring traffic signals: Entering an intersection against a pedestrian traffic signal or other applicable traffic signal device
Getting into traffic: Stepping suddenly off a curb into the path of an oncoming vehicle without allowing sufficient time for the driver to react
Walking on restricted roadways: Intentionally walking on roadways where pedestrian access is restricted
Pedestrian intoxication: Walking while impaired by alcohol or drugs, if the impairment contributes to the accident

Texas law follows a modified comparative fault rule, where an injured party could recover financial compensation, as long as their share of responsibility is 50% or less. If a pedestrian's share of fault reaches 51% or more, they could be completely barred from recovering any compensation from the driver.

What to do if you were hit

Recovering from a pedestrian accident is physically and emotionally challenging; worrying about who is at fault only adds to the stress. Even if you made an error while walking, the driver might still bear the majority of responsibility if they were speeding, distracted or failed to brake in time. Before accepting a denial from your insurer, consulting with a legal professional could help you evaluate the context of the crash and understand your options for pursuing compensation.

Common mistakes that can hurt a Texas longshore injury claim

2026-07-13T06:56:33Z

A longshore injury can turn life upside down. Lost wages, medical bills and an uncertain future can follow. The Longshore and Harbor Workers' Compensation Act (LHWCA) provides important benefits, but common mistakes can reduce or delay them. Knowing these common mistakes can help protect a claim and the benefits needed during recovery.

Missing a deadline can put benefits at risk

Missing a deadline can weaken an LHWCA injury claim. The law generally requires written injury notice within 30 days, and delays may give insurers a chance to challenge the claim. Early action also helps protect key evidence, such as witness accounts, reports and medical records. Prompt reporting and preserving evidence can strengthen a claim and reduce disputes later in the process.

Medical decisions that can affect an LHWCA claim

Medical choices can affect the outcome of an LHWCA claim. The right doctor and clear medical records help show the true effect of an injury. Missing doctor visits, stopping treatment or returning to work too soon may give insurers a reason to reduce benefits. An experienced attorney can help protect the claim and make sure the injury and its impact are fully recognized.

Financial mistakes that can reduce compensation payments

A wrong wage calculation can cost an injured longshore worker valuable benefits. Under the LHWCA, disability payments are tied to the worker’s Average Weekly Wage (AWW). A lower AWW means lower weekly compensation. Common mistakes that can reduce benefits include:

Using the wrong wage amount: The AWW should show the worker’s real earnings before the injury. The correct method may depend on the worker’s job history and work pattern.
Leaving out key income sources: Some wage calculations may miss overtime pay, shift differentials, bonuses and other maritime earnings that reflect the worker's actual earnings before the injury.
Accepting the insurer’s calculation without checking: Even a small AWW error can reduce weekly payments and lead to major losses over time.

A correct AWW calculation helps ensure fair compensation under the LHWCA. Careful review of wage records can prevent payment errors that may affect financial security during recovery.

Protecting the future after an injury

A longshore injury can affect far more than a worker's health. The choices made in the days that follow can shape the claim and the benefits available. Experienced legal guidance can help protect those rights and support a stronger path forward.

Deckhand safety: Cargo loading hazards and prevention

2026-07-12T10:39:04Z

Cargo loading is part of daily life if you work as a deckhand on a barge or another vessel. Your work keeps freight moving, but it also exposes you to significant hazards. Long shifts, changing weather and heavy equipment can quickly turn a routine task into a dangerous situation. Even experienced deckhands can be injured, when equipment fails or conditions change unexpectedly. Knowing where these hazards exist can help you recognize unsafe conditions before they become accidents. Understanding these risks is an important part of staying safe on the job.

Common causes of cargo loading injuries

Cargo loading accidents often happen when several hazards develop at the same time. Common causes include:

Shifting cargo
Falling objects
Crane or winch accidents
Slippery walking surfaces
Pinch points between cargo and equipment
Poor communication during loading

These incidents can result in broken bones, back injuries, head injuries or crush injuries. Some injuries require extensive medical treatment and lengthy rehabilitation before you can return to work. Recognizing these hazards also shows why consistent safety practices remain essential throughout every loading operation.

Safety practices can reduce risk

You can reduce your risk by following established loading procedures and remaining aware of your surroundings. Wear the required protective equipment. Stay clear of suspended loads. Report damaged equipment before work begins. Clear communication between you and your crew members also helps prevent misunderstandings during cargo operations. Even when workers follow proper safety procedures, serious accidents can still happen. When they do, federal maritime laws may provide important protections.

Federal protections for injured maritime workers

Safety remains the highest priority, yet the serious nature of the risks maritime workers face every day to keep the world moving cannot be ignored. When an accident occurs, the weight of a cargo-loading injury can feel overwhelming, but the worker does not have to carry that burden alone. Federal laws, including the Jones Act (46 U.S.C. § 30104), provide protections and tort remedies to injured deckhands, while land-based maritime workers who support loading operations from the dock are covered under the Longshore and Harbor Workers' Compensation Act. Every individual deserves to have their rights protected and their recovery supported after giving so much to such demanding, essential work.

Does sovereign immunity apply to auto accidents in Texas?

2026-06-23T07:43:17Z

A crash with a city bus, a police cruiser or a state-owned truck can feel like any other wreck on a Texas road. The process that follows, though, often looks noticeably different from a collision between two private drivers. Understanding how the state addresses this situation can help you know what your options are going forward.

What does sovereign immunity mean?

Sovereign immunity is a legal doctrine rooted in English common law. It prevents citizens from suing the government without its consent. In Texas, this protection extends to state agencies, municipalities, counties and school districts. Although related, sovereign and governmental immunity are distinct doctrines. Both limit lawsuits against public entities, but each applies to different levels of government and is subject to defined statutory waivers or specific common-law exceptions.

When does the law waive immunity for crashes?

The primary route for a vehicle case runs through the Texas Tort Claims Act. Under this law, a government entity can face liability for property damage, personal injury or death arising from an employee's use of a motor-driven vehicle. The employee must have been acting within the scope of their job at the time, and they must be someone who would have been liable under state law as a private citizen.

Which limits apply to a government case?

Even when the waiver applies and you can pursue compensation, the state limits what you can recover. Claims against the state and municipalities are capped at $250,000 per person and $500,000 per occurrence. Other governmental units face lower caps of $100,000 per person and $300,000 per occurrence. Punitive or exemplary damages are not available in any claim filed under the tort claims law. The waiver also does not cover intentional torts like assault or battery, which remain outside the scope of the statute. Other categories of government conduct fall outside the waiver as well. If a government employee was responding to an emergency call at the time of the accident, the entity is generally not liable unless the employee acted with conscious indifference or reckless disregard for public safety.

How do you file a claim?

Before pursuing a lawsuit against a government entity, you must file a formal written notice of your claim. The state requires this notice within six months of the incident. While counties are bound by the state deadline, cities may set even shorter deadlines—sometimes as short as 45 or even 30 days—depending on local charter provisions. The notice must include the date, location and circumstances of the accident along with a description of your injuries and damages. Missing the deadline or leaving out required details can result in losing the right to file the claim. Texas law also includes an election-of-remedies rule that affects how you proceed. Filing against the individual government employee may bar you from later pursuing the entity itself.

3 deadly job risks for longshoremen

2026-06-20T14:12:38Z

Longshoremen work at harbors, helping to load and unload freight vessels. Their jobs require that they work outdoors in even the worst weather conditions. There are many risks for longshoremen and harbor workers, some of which may put their lives in danger. According to federal workplace safety statistics, there are three specific dangers that account for a significant percentage of longshoreman workplace fatalities. What job hazards are the most likely to cause fatal injuries for those staffing harbors?

1. Vehicle incidents

Collisions with vehicles in low-visibility conditions or due to slippery surfaces are the top-reported cause of longshoreman fatalities on the job. Numerous vehicles may enter a harbor to drop off items for shipping or retrieve delivered merchandise. Vehicle incidents are the top cause of longshoreman fatalities and are also a leading cause of severe injuries.

2. Falls and drownings

Harbor workers often perform their jobs in precarious locations where they are one step away from going into the water. Falls can be deadly on their own if the worker is high enough when they fall. They can also lead to drowning incidents if a longshoreman goes into the water.

3. Struck-by incidents

Cargo can become imbalanced and unstable due to shifting that occurs during transit or inclement weather. Struck-by incidents where items fall and hit workers are the third leading cause of longshoreman workplace fatalities. Many other types of incidents can leave harbor workers unable to perform job functions and in need of compensation too. Regardless of the particulars of a tragedy, however, grieving families and injured professionals often need support when pursuing a maritime injury claim, and that’s okay. Working with an attorney familiar with this niche area of law is often important for a financial recovery after an incident at a harbor.

3 classifications for burn injuries

2026-06-15T13:50:11Z

Burn injuries are incredibly serious, and not just because of the extreme pain and suffering they can cause when they happen. They can also lead to long-term scarring, disfigurement and even mobility issues. One key concern, from a medical standpoint, is how a particular burn is classified. There are three typical stages, which help to outline the medical care a person will need and the long-term impact of their burn injury.

First-degree burns

First-degree burns are more superficial, like a sunburn. The epidermis is damaged and it may be red and painful, but there are not any blisters. This level of burn will typically heal with time and should not cause any long-term issues for an injured person.

Second-degree burns

With a second-degree burn, both the epidermis and the dermis can be affected. This is when blisters and swelling can set in. A second-degree burn is often much more painful and may require medical treatment, such as ointment or pain medication.

Third-degree burns

The most serious are third-degree burns, which destroy the skin entirely and can damage tissues below. This includes muscles, tendons, ligaments, nerves and even bones, in severe cases. Third-degree burns are very likely to result in long-term scarring and may require extensive medical intervention, such as surgery and skin grafts. They’re more likely to cause life-long disfigurement or disability.

Seeking compensation

Have you suffered burn injuries due to someone else's negligence, such as a serious car accident? If so, you need to know how to seek financial compensation for pain and suffering, medical expenses, lost wages and other damages. Connecting with a legal professional is an effective way to get started.

What are the leading causes of serious ladder fall injuries?

2026-06-01T16:25:20Z

Ladders (at least in some form) have probably been around longer than most of the tools and equipment that workers use today. While there have certainly been safety improvements in ladders over the years, they can still be exceptionally dangerous – especially tall ladders that reach to upper levels of buildings. The National Institute for Occupational Safety and Health (NIOSH) reported that in 2020, almost 23,000 workers were injured in ladder-related workplace accidents. Over 5,000 of those workers were involved in construction or extraction. That year, 161 workers died in falls from ladders.

Employers’ responsibilities for ladder safety

Employers have a responsibility to ensure that their ladders are safe and well-maintained. A single defect or bit of damage can make a ladder dangerous. Ladders need to be regularly inspected for damage and wear. Employers also have a duty to ensure that employees are properly trained in safe ladder use and that safety protocols are always followed. Employees also play a role in protecting their own safety and that of their co-workers. It can help to know a bit about other leading causes of workplace ladder falls.

Placing the ladder at the wrong angle

The recommended placement for a ladder is 75 degrees from the ground. For those who weren’t geometry whizzes back in school, an easier way to measure this is called the “4-foot rule.” Specifically, for every four feet of height, the ladder should be one foot away from the wall or other support. Some 40% of ladder injuries result from an improper angle – usually one that is too steep.

Using the wrong size or duty rating

If a ladder isn’t the correct size (including height) and doesn’t have the correct duty rating for what it’s being used for, the person on it could lack stability. For example, if a worker on a ladder still has to stand on their toes (and maybe have to overextend their arm) to reach something or bend their knees because the ladder is too short, they increase their chances of falling. Whether a fall was caused by a defective or broken ladder, lack of employer safety protocols or even worker negligence, it’s crucial for those injured in workplace ladder falls and surviving loved ones of those killed to know their options are for obtaining compensation for medical treatment and other expenses and damages. Getting experienced legal guidance is the best first step.