Maritime Injury Law Blog : Maritime Injury Lawyer & Attorney : Vujasinovic & Beckcom : Jones Act : Serving Texas, Louisiana, Mississippi

 

Documenting your maritime accident injury can be one of the most important things you can do to maximize your recovery after a maritime accident. If possible, try to report the maritime accident to your boss or supervisor.

If possible, don’t forget to include the names of all parties involved in the accident, the date and time the maritime accident occurred, and the conditions surrounding the maritime accident.

 

Try to document all maritime accident injuries by providing descriptions of the injury itself. Taking photos is also a good way to preserve what the injury looked like at the exact time of the accident. It is also helpful to take photos of the conditions of the boat, rig, or area where the maritime accident occurred.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

 

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Casewritten by Jones Act and maritime accident injury lawyer Brian Beckcom.

                   Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

                   Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

               

 

 

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Everyone makes mistakes. But what if that mistake causes you to injure yourself? Even worse, what if that mistake causes you to injure yourself at work?

Will you be out of a job? Will you be entitled to medical benefits?

 

If you are injured offshore and qualify as a Jones Act seaman, you are entitled to medical benefits and maintenance (so-called "maintenance and cure") regardless of who was at fault.  Unless you were injured off the job, or you intentionally caused your own injuries, your Jones Act employer must pay maintenance and cure until you reach maximum medical improvement. 

 

If your Jones Act employer tells you the injury was "your fault," or wasn't the fault of the employer, and therefore they are not required to pay your medical benefits and maintenance while you recover, they are wrong on this as well, and you should seek independent legal advice immediately to ensure that you get appropriate medical treatment.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

 

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Everyone makes mistakes. But what if that mistake causes you to injure yourself? Even worse, what if that mistake causes you to injure yourself at work?

Will you be out of a job? Will you be entitled to medical benefits?

 

If you are injured offshore and qualify as a Jones Act seaman, you are entitled to medical benefits and maintenance (so-called "maintenance and cure") regardless of who was at fault.  Unless you were injured off the job, or you intentionally caused your own injuries, your Jones Act employer must pay maintenance and cure until you reach maximum medical improvement. 

 

If your Jones Act employer tells you the injury was "your fault," or wasn't the fault of the employer, and therefore they are not required to pay your medical benefits and maintenance while you recover, they are wrong on this as well, and you should seek independent legal advice immediately to ensure that you get appropriate medical treatment.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

 

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Suffering an injury on the job in a maritime accident is tough enough. Trying to figure out how to handle all of the specifics of the claim can be even worse.

Then you are told that you can’t see your own family doctor – you are required to see the company doctors.

 

Regardless of who tells you that company doctors must treat you, it is not true.

 

Contrary to popular opinion, if you are injured offshore, you are not required to see only company-selected doctors.  You should pick a doctor who you like, with whom you are comfortable, and who treats you fairly and appropriately. Unfortunately, some company-affiliated medical providers will try to force you back to work before you are ready, and will avoid performing tests that reveal the true extent of any possible injury. Bottom line here is that you are allowed to select your own doctors.  If your Jones Act employer says you are required to go to company-selected doctors only, they are wrong.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

 

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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If you are injured on the job while offshore, you need to know your rights.

Recently, some Jones Act employers have started requiring, or strongly suggesting, that injured seamen sign papers before they get medical benefits, maintenance, or "advances" on their personal injury settlements.  This is NOT required under the Jones Act.  And it is almost always a big mistake to sign such paperwork before consulting with independent, non-company affiliated lawyers. 

 Why is this a big mistake?  Because Jones Act employers often bury arbitration clauses or other language in this paperwork, and some courts have actually been enforcing these arbitrations clauses or waivers.  What does it mean to sign and be bound by an arbitration clause?  It means you may be forever giving up your right to a trial in Court, and instead, you may be agreeing to have your case heard by an arbitrator in a venue that is handpicked by your employer. Almost always a bad idea.

If your employer requires you to sign paperwork after you're injured, you should STRONGLY consider having the paperwork reviewed by an independent, non-company affiliated lawyer to make absolutely sure you are not giving up important legal rights.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

 

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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In this tough economy, every one wants to keep their job. So if you are hurt while working, your greatest fear may not be the injury itself, but the risk that you could be unemployed after your work accident.

Jones Act and maritime accident injury lawyer Brian Beckcom wants to warn seaman of the secrets that employers may not want you to know if you are injured offshore.

One of the secrets is that injured Jones Act workers are NOT required to give a recorded statement.

 

The Jones Act does not require injured seamen to give a recorded statement to the employer or its insurance representatives. While you should certainly report the maritime accident immediately and in compliance with company procedures, you are simply not required to give a recorded statement.  If your employer or its insurance representatives tell you that you are required to give a recorded statement, you should be very suspicious.  In fact, the employer may try to get you to say things that may hurt your case later on. And once it's recorded, you will have a lot of trouble later on if you were tricked into saying things you didn't mean. 

 

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

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Jones Act and maritime accident injury lawyer Brain Beckcom has handled numerous cases that involve injuries at sea. He has compiled a list of six critical things that you should do if you are even involved in a maritime accident.

Here is Tip #6:

 

Keep a complete file on what happened. Keep all paperwork. Consider keeping a diary or notebook with details about your medical condition., the events that led to your incident, and anything else you think is significant.

If you are injured at sea, as long as you handle things carefully, you should be able to avoid any issues later on if you need to get lawyers involved or go to court to enforce you and your families’ rights.

Did you miss Tips #1-5? Order your free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom today to learn what to do if you are ever injured at sea.

 

 

 How to hire the best lawyer for your Jones Act or offshore injury caseHow much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?How to wreck your Jones Act caseFinancial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.I was injured on a cruise ship - What are my legal rights?www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.comBrian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1. 

2. 

4. 

5. 

12. 

16.

To learn more about our law firm and what we can do for you, please visit the following websites:

 

About our law firm

 

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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My firm just recently was hired by a derrickman who works offshore on jack-up and semisubmersible oil rigs.  My client severely injured his back and neck due to the company's negligence.

The company doesn't know I represent the worker yet.  Today, the worker sent me a letter from the insurance claims person at the company.  The claims person is trying to get my client to sign away all his rights and accept a $4,000.00 settlement!  What a joke.

This settlement is completely and totally unreasonable and unfair considering that my client was making that much money per month, needs additional medical care, and will likely not be able to return to his same work for a long time, if ever.

It is almost enough to make you laugh (or cry).  The claims people and insurance companies basically try to rip-off the offshore workers by offering them pennies on the dollar before they get their own independent legal advice.  They know that the worker may be desperate and may not know what a fair settlement is really worth.

The bottom line here is don't be fooled or tricked by these obvious attempts to cheat you out of a fair settlement.  Get your own independent legal advice if you have suffered a serious injury at work.

 

Maritime Work is Dangerous

 

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

 

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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One of the most common questions our clients have when they first call is whether they will get fired for pursuing a legal claim or whether they will be "blackballed" or blacklisted by other offshore companies for pursuing their legal rights.

Will I get fired if I assert my legal rights?

Whether you get fired is typically completely up to the company you work for.  Some companies will completely understand that you have a legal rights if you are hurt offshore and won't hold that against you.  These companies typically have insurance policies that will pay for your medical bills, lost wages, and pain and suffering.

Other companies, however, will fire you once you've asserted a legal claim. 

In some situations, the company will be real nice to you after you are hurt on the job, take care of you for a while, then once it's too late to bring a legal claim against the company, they fire you.  Then you're in a real bad situation.

Another trick is to hire a company doctor to say you are ready to return to work even if you aren't, then, when you can't return or do the job because of your injuries, the company fires you or claims you "walked off the job" or "quit."

Will I get blackballed or blacklisted in the industry?

Lately, I have received this question a lot.  Offshore workers are worried about whether they will ever be able to get a job in the industry again if they file a legal claim.  "Blackballing" or "blacklisting" is a term that means your name is circulated and if you try to find a job you can't.

The short answer to this question is that you almost certainly will not get blacklisted if you assert a legal claim, with two caveats.

First, if your claim is frivolous, without merit, or exaggerated, then that information may be passed around.  Our firm does  not take these kinds of claims, and we don't have many clients who ask us to take these kinds of claims, but if you don't know whether your case fits into the "frivolous" category, we will be happy to tell you.

The other situation where you may get "blacklisted" is if you have a long history of filing lawsuits against companies you work for.  Most people don't have a long history of lawsuits, and if they do, that typically indicates they are either very unlucky or that they are too eager to sue.  Either way, this kind of thing may get you blacklisted.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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If you have a Jones Act or maritime injury case, you may be looking for an attorney to handle the case.  If it is a serious injury or illness case, you will almost certain need an attorney to help you with the case.

Frankly, most attorneys don't know a thing about Jones Act or maritime injury cases.  You need to find an attorney who is an expert in these areas. 

How do you find such an attorney?

Here are five helpful tips for finding the best attorney for your maritime or Jones Act case:

1. Search the Internet;

The internet offers a wealth of information on the Jones Act, maritime law, and attorneys who handle such cases.  You can find tons of information that will be a great starting point and will really help you get started on your search for the right attorney.

Caution:  At this stage, you are just doing preliminary research.  Just because an attorney website says they are experts at handling maritime injury cases doesn't mean it's true.  So take the information you find with a grain of salt.

2. Narrow your list of attorneys and start interviewing the attorney;

Once you've found 3-4 attorneys with whom you are comfortable, start interviewing them.  You should contact them by email or by phone and ask them to call you back. 

The attorneys who don't call you back within 24 hours should be immediately scratched off your list.  They aren't serious about your case or about helping clients in an expeditious manner.

3. Ask the attorney how many maritime or Jones Act cases the attorneys have handled;

This is kind of an obvious question but just because it's obvious doesn't mean you should ask it.  If you have a serious case  you want an attorney with serious experience.  You don't want an attorney who has only worked on a couple of maritime injury cases.  You don't want an attorney to get "on-the-job" training on your case.

4. Ask for a list of results in other maritime or Jones Act cases like yours;

Any attorney who has a track record of success will be glad to share it with you.  Most good attorneys keep a list of successful cases they've handled.  You should be able to easily get such a list from each attorney you interview.  If the attorney won't give you such a list or acts like it's not important, scratch that attorney off your list too--this likely means they haven't got a long track record of positive results.

5. Hire the attorney you feel most comfortable with;

You will be spending a lot of time talking with the attorney and his or her staff.  You will work together hand-in-hand on what may be the most important aspect of your life at the time.  You want someone you can trust, someone who is honest and shoots straight with you, someone who tells you about the good and the bad parts of your case, and someone you enjoy talking to. 

Once you've found an attorney who knows what he or she is doing, who has a track record of success, and who is an expert in maritime law, you need to find one with whom you are compatible.

If you follow these 5 helpful tips, that should help you find the best attorney for your maritime or Jones Act case.

*******************************************************************************

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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Injured Offshore? 

Do you have a Jones Act or maritime injury case?  Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom often handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact page on this website.

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If you are injured in a maritime accident, whether your case falls under the Jones Act or general maritime law, you will want to hire a good, experienced maritime accident attorney.

Hiring the right attorney is very important

Many people are surprised to know that the vast, vast majority of attorneys have never handled a maritime accident case and never will.  Maritime law is a specialized field of law, which in many ways is completely different than land-based injury law.

Simply put, you need an attorney who knows what he or she is doing.

How do you select the right attorney for your case

To hire the right attorney for your case, here are some suggestions:

1.  Research, research, research. 

You should use the internet, library, and other resources to research the attorneys in your area, and across the country, who handle maritime cases;

2.  Select a few attorneys to interview. 

After you're done researching, select at least two attorneys to interview.  You want to compare the attorneys and see which one is the right fit for your case.

3.  During the interview, consider asking these questions:

a.  How long have you practiced maritime law?

b.  How many maritime accident cases have you handled?

c.  Are you board-certified in any particular field of law?

d.  Have you ever successfully handled a case against this defendant?

e.  Will you handle my case personally?

f.  How experienced is  your staff in handling these cases?

g.  Can I see a list of your results in these types of cases?

All these questions, and many more, can tell you a  lot about the attorney you are considering hiring and whether they have the right level of experience and know-how to properly help you with your case.

Get a copy of Mr. Beckcom's Book, Insider Guide to Winning Maritime Injury Cases.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

 

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"What is my case worth?"

This is probably the most common question from our clients, including Jones Act, maritime injury, and offshore clients.

In a Jones Act or maritime injury case, if the Defendant is liable to you for an injury or for wrongful death, then a jury (or judge) may give you a broad category of damages, including the following:

1.  Medical bills (past and future);

2.  Lost wages;

3.  Money for loss of future earning capacity;

4.  Pain and Suffering (past and future);

5.  Mental Anguish (past and future);

6.  Loss of enjoyment of life (past and future);

7.  Impairment (past and future);

8.  Disfigurement (past and future);

Categories 1 - 3 are relatively easy to calculate.  A good Jones Act attorney will be able to determine your medical bills, past and future, and your lost wages (past and future) using appropriate and well-respected experts.

The defendants almost always fight these damages, however, claming that the medical bills are too high, or that the wage loss calculations are erroneous, speculative, etc.  That's why you should make sure and find an attorney who knows what he or she is doing--otherwise, you may lose these money damages (or have them severely diminished or reduced).

Categories 4 - 8 are more difficult to calculate and normally the jury (or judge) gets to figure out an appropriate figure.  The figures here normally depend on how bad the injury has been, how it has affected your daily life, and what kind of future problems may arise or continue as a result of your injury.

Again, if you hire a good Jones Act attorney, he or she will be familiar with techniques to maximize your damages in a Jones Act or offshore injury case.

If you have been injured offshore, please feel free to give us a call to discuss your case and the value of similar cases we have handled in the past. 

Any attorney who does not want to talk about his or her past results in cases may not have the kind of track record you want in an important case.

Because we have handled so many Jones Act and offshore injury cases, the chances are good that we will have handled a case against your employer, or a case with similar facts, to a successful conclusion previously.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

 

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One of the interesting things about representing hundreds of offshore workers, Jones Act seamen, and maritime workers is that you get a unique perspective on how to most efficiently and effectively represent these workers.

You also learn the tricks and traps that insurance companies and the offshore companies will use to try to wreck the case.

I have seen injured offshore workers make a lot of really simply mistakes before they call me which can really hurt their case.

In fact, what happens in some cases is that the injured offshore worker will have already hired an attorney, and a mistake or complication will arise in the case, and then I will get a phone call from the injured worker's attorney.

By then, it may be too late to do anything.  Or it may be a matter of damage control.  Or it may be a problem that can be fixed.

But the number one mistake I see when representing and advising injured offshore workers, Jones Act seamen, and maritime workers is hiring the wrong attorney for their case.

Maritime law is complicated.  Most attorneys (probably 99% or more) have never handled and will never handle a maritime injury, Jones Act, or offshore injury case. 

What will happen is the injured worker will call some attorney who did their will or got them out of a traffic ticket or who was recommended by their uncle.  That attorney may have never handled a Jones Act case.  The attorney may not know the difference between maintenance and cure. 

But the injured worker will hire that attorney anyway. 

Taking advice from such an attorney can be a very bad idea, and in fact, can wreck your case (or reduce the amount of money you get).

The Internet makes it possible to do a lot of research on attorneys.  You can find a lot of basic background information about attorneys.  (But keep in mind, attorneys can say they handle Jones Act or maritime injury cases when they don't.)

Then, you should make list of who to call and get in contact with at least 3-4 different attorneys, and ask them probing questions to figure out whether they know what they are doing.

For more information about the process, if you are an injured offshore worker or family member, you can get a free copy of "The Insider's Guide to Winning Maritime Injury Claims." 

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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When we accept a maritime injury case, our number one goal is to win your case.  However, the insurance companies have various tricks and techniques they will use to try to keep you from winning your case.  Financial pressure and wrongful termination are two techniques they may use against you if you are hurt offshore.

When a worker is injured offshore, two of the main problems they experience are financial problems (inability to pay bills) and the fear of getting fired (wrongful termination).

Workers offshore who are injured at work are the primary breadwinner for themselves and their families.

Following a career-ending or career-threatening injury, or even an injury that will take some time to recover from, injured workers and Jones Act seaman are often very concerned about their financial security and ability to pay bills.

Maintenance and cure is not enough

Jones Act seaman should be entitled to "maintenance and cure."  The law requires it.  Yet often, Jones Act defendants will refuse to pay maintenance and cure, thinking that by putting financial pressure on the injured seaman, they will be able to settle the case cheaply and get rid of the injured worker before he or she has a chance to assert their legal rights.

Maintenance and cure is a minimal payment

Another problem with maintenance and cure is that maintenance in most cases has been stuck at a miserly rate of $15 - $30 dollars a day, hardly enough to survive on alone, let alone if you have a family to support.

Wrongful termination

Another major concern injured Jones Act seaman and injured offshore workers often express is the fear of getting fired after an injury.  This article will explain the circumstances when that may happen and also some things you can do about it.

Protecting your finances and your job

Is there anything you can do to while you are recovering from you injuries to avoid financial ruin?  Is there anything you can do to avoid getting fired?

Fortunately, the answer to the first question is YES.

The answer to the second question, unfortunately, is, PROBABLY.

Taking care of your financial needs during the lawsuit process

At our law firm, we understand the financial devastation that may result from an offshore injury.  Therefore, unlike most law firms, we can arrange for loans and advances to qualifying clients.

These loans will allow you to make ends meet while we are working your case.  We will not lend you money to buy a new vehicle or upgrade your lifestyle.    Instead, the objective is simply to help you with food, clothing, and other necessities and to avoid your feeling pressure to settle your case cheaply as a result of wrongful financial pressure put on you by the company.
Continue Reading...

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Thank you for your question:

Many workers are exposed to hazardous chemicals or other substances like benzene, asbestos, chlorine, cleaning solvents, etc. as part of their maritime work on vessels, ships, jack-up rigs, oil rigs, and other maritime equipment.

For instance, recently, a worker who was exposed to benzene over the course of his 20 years as a seaman developed non-Hodgkins lymphoma.  The seaman claims that 18 of his former employers were negligent and has sued them under the Jones Act for his damages.

One of the defendants includes Kirby Inland Marine, a defendant our law firm has sued before on behalf of injured seamen.

So, what are your legal rights if you are exposed to benzene, asbestos, or other toxic substances and chemicals offshore?

If you are a Jones Act "seaman," then you can file your case under the Jones Act (see our other articles on the Jones Act on this website.)

If you are not a Jones Act "seaman," then it gets more complicated.

You may have rights under the Longshore & Harbor Worker's Compensation Act.

Under some circumstances you may also have rights to bring a products liability lawsuit claim against the manufacturer of the toxic substance you were exposed to.

Or, your case may fall under the General Maritime Law or the Outer Continental Shelf Lands Act (OCSLA).

The bottom line is if you were exposed to benzene, asbestos, or some other toxic chemical or substance while involved in maritime work, you probably have legal rights.  However, those rights can be taken away if you do not act quickly to enforce them.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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As the price of oil increases, the demands for oil drilling in the Gulf of Mexico, both in shallow water and deeper water, will only increase.  So will the demand for oil workers willing to work in often harsh and remote locations in the Gulf of Mexico and beyond.

Recently, in fact, there has been talk in the United States Congress about opening up more areas in the Gulf of Mexico for oil exploration and drilling purposes.

Unfortunately, the end result of more workers in the Gulf of Mexico, and more companies rushing to get oil out of remote and often dangerous places in the Gulf of Mexico is more injured workers and more workplace deaths.

As a law firm that represents workers injured in the Gulf of Mexico, we are often asked by the workers or other attorneys what law applies to these cases.

The answer, unfortunately, is not straightforward.  In fact, if a worker is injured or killed in the Gulf of Mexico, there could be four or five different laws that may apply to the case.  And the law may change depending on what the worker was doing at the time.

The worker may be entitled to recovery under the Jones Act.  Or the injured worker may be a Longshoreman entitled to recover under the Longshore & Harbor Worker's Compensation Act.

Or, the injured worker may be entitled to a recover under the Outer Continental Shelf Lands Act. 

In a wrongful death case, the Death on the High Seas Act (DOSHA) may govern the case.

The bottom line is that you need an experienced maritime attorney if you are injured in the Gulf of Mexico, because evaluating the right law and the right venue may make all the difference in the world in whether you obtain a fair, reasonable settlement, a small settlement, or even no settlement at all.

Have you been, or do you know, someone who has been hurt in the Gulf of Mexico? 

If so, we would be interested in hearing your experience with the legal system and whether your lawyer did a good job for you.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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Way Too Many Offshore Workers Are Mistreated When They Are Hurt

    It is a simple fact of life and one that our law firm has seen too many times.  

    A good, hard-working employee is injured offshore on the job through no fault of his or her own.  The employee reports the injury.  The company then either refuses to do an accident report, does a very quick but not very thorough accident report (or even an inaccurate report), and then tries to get the employee to write something or sign something giving away all their legal rights.  

    Sometimes, the company will try to make the hurt employee sign something before they will get them medical attention, a totally improper (and probably unethical) way of doing business.

    We have even seen cases where dredge companies go to the hospital after a worker is injured and try to get the injured worker to sign papers giving away important legal rights while the worker is laying in his hospital bed on medication.

    Even if the injured worker can convince the company to provide medical care, often it will just be a quick exam by a company medic (not even a doctor) who will say the injury is a bruise or blister or some other minor issue.  The medic then gives the injured employee some over-the-counter medication and orders the employee back to work.

    In more serious cases, some companies will provide immediate medical care.  

    But they will provide the care through a company medical facility using company doctors.  And those company doctors will be doing everything they can to save the company money and get the worker back to work before he or she is ready.

    It’s really amazing.  

    There are medical facilities that basically do nothing but provide services for offshore companies and other industrial type companies.  They make hundreds of thousands or even millions of dollars off these companies.


    Of course they are going to put the companies’ interest first.

    This does not mean these medical facilities are dishonest or that the doctors are lying.  However, medicine can be an art as well as a science, which means there are gray areas in medicine.  

    If your case is a close call, and the choice is between saving the company money or providing a complete and full medical workup and follow-up care to you, many of these facilities are going to lean towards the saving the company money.

    Once the company has a “release to work” paper from the company doctor, even if you aren’t ready to return, they will pester you and bug you and bother you and call you and write you and demand that you come back to work.

    You know whether you are ready to return.  

    When you are still hurting, and not able to do the hard work it takes to be an offshore worker, if the company makes you go back to work you may hurt yourself even worse.  Or you may be a safety risk to your fellow workers.

    That’s why you want to make sure you are completely healed and better—both for your own health and the safety of your fellow workers.

    But if you don’t return to work when the company wants and on the company’s schedule, then you’re probably going to get fired.  
    
    The company may say you “quit” by not coming back to work.  Or the company may say you “walked off the job” because you didn’t come back.

    Really this is just a way where they can avoid responsibility for firing an injured worker.

    Offshore companies know that there are other workers who are ready, willing, and able to go offshore to make the kind of money that offshore companies pay. 

    So if an employee is injured offshore, even if it’s not his or her fault, they may be out of a job really quickly.

  Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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We are pleased to announce the coming publication of a new book written exclusively for people injured offshore.

The working title of the book is "The Complete Guide to Jones Act and Maritime Injury Claims." 

We anticipate the book will be published and ready for shipment in late June or early July 2008.

This is a book that the offshore employers, cruise ship companies, and the insurance companies DO NOT want you to read. 

Why?

Because we expose their tricks and secrets and defenses and provide real, practical advice for winning your injury case.

Stand-by for more details.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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Our firm receives a lot of calls from workers in the offshore injuries.  We also receive a lot of calls from lawyers with clients who were hurt offshore. 

Often, these lawyers have never handled an offshore injury or wrongful death case and want our advice or want us to accept a case they have been working on.

We are happy to help.  However, it is always much better to call us soon after your injury or accident claim. 

Why?  Because if you don't, you may accidentally do something to sink your case before it even gets started. 

We see the same mistakes again and again.  They are easy to avoid.  But if you've never been in the situation before, you may not even know you are making a mistake before it's already made.

Here are five common mistakes that can sink your offshore injury claim:

1.  Not reporting your accident immediately. 

If you don't report your accident, the company will claim it didn't happen and basically call you a liar.  It is especially important to report your accident immediately if there were no witnesses.

2.  Giving the company or insurance people a written or recorded statement before you talk to a lawyer.

If you are hurt, the company (or its insurance people) will try to get you to give a tape-recorded statement or to sign a written statement.  DON'T DO IT!.  The company (and its insurance people) are experts at tricking you into saying something that may haunt you later on.

It is, however, okay to give a brief description on the company accident report.

3.  Not seeking medical care immediately.

Again, if you do not seek medical care immediately and try to "tough it out" instead, the company will claim that you're making up the injury later.  If you think there is any chance you were hurt, seek good medical care.

4.  Hiding past accidents from your lawyer

Many offshore workers have suffered more than one accident because the nature of the work is so dangerous.  You need to let your lawyer know about your other injuries.  If you don't, and you are caught in a lie, it will destroy your credibility and damage your case severely.

If you are honest, however, most of the time previous injuries are not that big of a deal.

5.  Hiring a lawyer who has never handled a Jones Act or maritime injury case

Don't hire the first lawyer you talk to!  Don't hire a lawyer just because a friend recommends him or her.  Don't hire a lawyer because that lawyer shouts the loudest or has the most commercials.

Hire a lawyer you like, who deals with you openly and honestly, and most important, hire a lawyer who actually has experience handling cases like yours.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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If you or a loved one are injured in an accident offshore, whether it be on a boat, a dredge, an offshore oil platform, a vessel, a freighter, a cruise ship, or any other type of water-borne method of transportation, you need to hire the best lawyer for your case.

Why is hiring the best lawyer, and just not any lawyer with a law degree, really important in offshore injury cases? 

Because the hidden secret is that most lawyers have never handled an offshore injury case and don't know the first thing about offshore injury law. 

So how do you find the best lawyer for your particular case?  And how do you even get an appointment to talk to the best offshore injury lawyers?

The best and most experienced attorneys who handle offshore injury or Jones Act cases will have people lining up at their door to hire them.  These lawyers will be very selective about the cases they accept and the people they represent.  It's often hard to get an appointment to talk with them directly.

If it's easy to get an immediate appointment with the lawyer you are thinking about hiring, ask yourself why?  Maybe that lawyer doesn't have much else to do?

Once you get an appointment with a lawyer you are thinking about hiring for an injury, accident, wrongful death, or business dispute case you should ask questions.  Lots of them.

Good lawyers will not be insulted by questions.  They will most likely encourage you to ask as many questions as you want.  Most of the best Jones Act and offshore injury lawyers will want you to educate yourself during the hiring process.

Any lawyer who seems to discourage your questions or doesn't answer them in a straightforward no-nonsense way should raise red flags.

After all, the best lawyers consider it their job to keep you informed and educated and comfortable during the entire process.

Questions to ask a lawyer you are thinking about hiring for an offshore injury case

1.  How long have you been in practice?

2.  Do you have any experience handling a case like mine?

3.  Can you give me a list of your past results or past cases?

4.  Have you  ever published any articles about cases like mine?

5.  Have you ever had a case against the same company that was negligent in my case?

6.  Will you actually work on my case?

7.  How much experience does your support staff have in these types of cases?

8.  Have you ever won a large verdict or settlement?

9.  Are you board-certified in any field?

10.  Do you carry malpractice insurance?

11.  Have you ever been disciplined or reprimanded by a bar association?

12.  What is my case worth?

13.  Have you ever represented large companies or insurance companies?

14.  Can I have a copy of my attorney-client contract to take home and study?

15.  Why do you believe you should handle my case and not some other lawyer?

This list does not include every possible good question.  It may depend on your case.  But this list will certainly cover a lot of important areas and get you started down the right road.

Any good offshore injury lawyer will be glad to answer all these questions and any other questions you have.  And they will be glad to answer them in a straightforward, honest, no-nonsense way!

If the lawyer is evasive or says he won't answer your questions until you hire him as your lawyer by signing papers, then you should probably just leave the appointment.  That lawyer is either not experienced enough for your case, is desperate for business, or has something to hide.

Have a good question you'd like to suggest? 

If you have other questions you'd like to suggest that are not on the list above, please submit your question to the comments section below.  We will print the most popular and most helpful question in a future post.

For more questions, visit the rest of the entires on this website or go to www.vbattorneys.com.

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Question:

I was injured offshore.  I was working for an oil company on an offshore jack-up rig (or oil platform).  What legal rights do I have to recover fair compensation for my injuries?

Answer:

We get these kinds of questions a lot probably because a lot of offshore oil workers call us to represent them.

With the increase in oil prices and the demand for more oil to feed our economy, the oil companies are doing more drilling and exploration for oil in the Gulf of Mexico and other deepwater sites. 

Unfortunately, that means more men and women in the oil industry face the risk of serious injury, or even death.

So what are your legal rights if you are injured offshore working for an oil company on a jack-up rig or platform?

If you are on a jack-up rig, you are probably a Jones Act seaman entitled to legal protection under the Jones Act and general maritime law.  However, this may not be true if your attachment to the jack-up rig was short in duration or substance. 

You will need an experienced Jones Act attorney to look at the facts of your case and answer the question for you.

If you are hurt on a non-movable fixed platform, then you are probably not a Jones Act seaman.  That means you could be a Longshoreman entitled to benefits under the Longshore & Harbor Worker's Compensation Act, or you may be able to bring a case under general maritime law, or state worker's compensation laws, or maybe, maybe even the Jones Act

The legal analysis can get pretty tricky.  You should probably hire a really competent and experienced Jones Act attorney to give you some answers to this question.

You can also visit our main website, www.vbattorneys.com, or our dedicated maritime law website, www.maritimeaccidentattorney.com, for more answers to many common questions.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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We handle a lot of offshore injury cases.  The workers who work on vessels, be they barges, dredges, boats, cruise ships, oil rigs, crane barges, or any other type of offshore vessel typically are asked to do hard, heavy manual work. 

All too often, in our experience, those workers suffer back, neck, shoulder, knee, or other serious orthopedic injuries as a result of inadequate equipment, staffing, training, safety precautions, or by being pushed to do their work too quickly or in unsafe conditions.

These types of injuries can be career-threatening or even, in some cases, career-ending.  Workers who must have strong backs, legs, and arms often find themselves unable to do the work when they suffer one of these types of injuries.

Often, what will happen after an injury is the company will send the worker to company-sponsored or company-affiliated doctors.  After a cursory or quick medical examination, the doctor will simply send the worker back to work on "light duty" or will even give a full release, without doing a complete or thorough medical examination and before the worker is ready to return to work. 

When the worker tells the company that he is not ready to return, the company will give two stark choices--return to work or lose your job.

Not much of a choice.

Fortunately, the Jones Act and maritime law provides some legal protection to workers in this situation.  For example, under the Jones Act  and maritime law, you are allowed to go to a doctor of your own choosing.  If you are not physically ready to go back to work, the companies should be paying part of your salary in the form of maintenance payments and should be faciiliating your medical treatment and paying the doctors promptly.

If the company (or its insurance companies) don't cooperate and do everything reasonably in their power to assist you during your recovery, they may very well be running afoul of the law.

You can make a legal claim if the company and its insurance company do not help facilitate your medical care and act reasonably when you are injured.  In these situations, it is important that you talk with an experienced Jones Act or maritime injury lawyer, a lawyer you are comfortable with who has the experience and resources to help you get a full and fair recovery.

This is particularly important when your injury is career-threatening or possibly career-ending.

Don't fall into the "trap" that you must listen only to the company-referred doctor. 

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Reporting your injury in a timely fashion is one of the most important things you can do if you are injured offshore. 

Initially, you may think your injury is not serious.  However, if the injury turns out to be serious, your company, and its insurance company, may later claim that you weren't hurt or aren't hurt as bad as you claim if there is no report of the accident.

Any accident involving any injury, no matter how minor, should be reported immediately.  The right thing to do, and what most companies expect, is that you will tell them when you are injured.  You should make a truthful report.  You should not exagerate your injuries and you should not minimize them either.  You should make sure that you identify any witnesses and any possible reasons for the accident.

The company should then get the proper and timely medical care you need.  If they don't, consider consulting with an experienced Jones Act or maritime lawyer.  They can usually make arrangements for you to get proper medical care.

Companies do not like employees who make up injuries or employees who fail to report injuries timely.  Simply put, the best policy is to always report any accident or injury when it happens, whether you think it is serious or not.

We have had cases involving serious back, neck, shoulder, or other injuries that did not at first seem as serious as they turned out to be.  Not reporting your injury can really hurt your case.

Also, not reporting your injury immediately can delay medical care, which can then make the situation even worse for all involved. 

You may think that you will look better to the company if you don't report your injury or if you just try to "tough it out."  This is almost never true.  And any company that holds it against you for reporting an accident or injury is not following industry standards and policies or good common sense.

No matter where you live, we can help you if the company does not let you report your injury or accident or doesn't complete a proper report and do a full investigation.  If you run into a situation where the company is not handling your accident or injury claim the right way, feel free to call us for help and advice.

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Any ship, rig, barge, or boat owner who doesn't use non-skid or non-slip coatings or surfaces whether workers walking (any walking or working surface) is not living up to his responsibility to protect workers on the vessel from injury.

Maritime work can be some of the most rewarding types of employment you can find, both personally and financially.  Maritime work can involve working on a jack-up oil rig in the Gulf of Mexico, a transport vessel plying the open oceans,  working barges in the intercoastal waterways or Mississippi River, or anything else involving working on the rivers or open seas. 

But maritime work can be hazardous if the ship or barge owners do not take proper precautions to protect employee safety.

One of the more common causes of injuries on boats, barges, offshore oil rigs, and other floating vessels involves slips and falls. 

Since maritime work necessarily involves working over, near, in, or around water, the walking and working surfaces get wet.  And that means slippery conditions.  Plus, the stairways and ladders on boats and rigs are often in tight quarters and very steep, making them even more potentially dangerous.

Slips and falls can result in extremely serious injuries.  Broken bones, back and neck injuries, knee, shoulder or elbow injuries, and even serious head injuries can result from slips and falls.

How do you protect yourself?

First, always try to be aware of where you are working and walking.  Keep floors and other walking and working surfaces free of debris, water, grease and other slippery substances.  Clean up spills as soon as they occur.

More important, perhaps, the captain or vessel owner should ensure that all walking and working surfaces are coated with some sort of non-slip or non-skid materials.  Anyone who works offshore knows that it is impossible to keep the surfaces clean of debris or slippery substances 100% of the time.  That's why it's so important for the shipowners to coat the walking surfaces with non-slip materials.

Any ship or vessel owner who doesn't maintain properly non-slip walking or working surfaces is not keeping the vessel properly maintained and could be liable under the Jones Act to any worker who is injured as a result.

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The first suggestion would be not to negotiate the case yourself if it involves a serious injury, significant time away from work, or otherwise involves more than just a minor injury or a few days away from work.

Why?  Because you will be entering a war zone.  The company will have experienced insurance adjusters, insurance investigators, and lawyers working "behind the scenes" to try to make your case worth as little money as possible.  They know the "tricks" that can hurt your case and they will use them on you with a smile on their face so you won't even see it coming until it's too late.

The insurance adjusters, investigators, and lawyers for the company make their living negotiating cases like yours.  This will not be their first time to negotiate a case or the last. 

If your case is serious, you should strongly consider consulting with a Jones Act or maritime law attorney.  At the very least, you should try to talk to such an attorney (or, better yet, talk to a few of them) before deciding whether to try to negotiate your case yourself.  Most of the time, such attorneys will give you a free initial consultation.

If your case is a smaller one, involving minor injuries or just a few days away from work, then negotiating yourself may be more efficient and effective.  Here are some "tips" for negotiating these small cases yourself:

1.  Get a copy of the accident report;
2.  Gather together all of your medical records and bills;
3.  Ask to take statements from all witnesses;
4.  Type up a letter to the insurance company, include the accident report, medical records and bills, and witness statements.  In the letter, set forth your opening "demand" (your first settlement number) by multiplying your medical bills and lost wages by some factor you think is fair;
5.  Give the company a deadline by which to respond.  If they do not respond by the deadline, you know they are not serious about your case.

Good luck.

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A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed. 

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge.  The barge was empty.  The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendents of deceased workers may be able to bring claims for wrongful death.  Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death.  The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring. 

Most important, don't trust the insurance company to tell you your rights.  Hire your own independent lawyer to advise you.

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A barge worker who was working on a Teco Barge Line vessel on the Mississippi River has filed a Jones Act case against his employer for his injuries.

According to the lawsuit, the worker suffered serious and permanent hip injuries in March 2006.  He claims that the company failed to provide him with safe equipment, proper assistance, and competent supervision.  The worker claims damages for lost wages, human damages like pain and suffereing, and medical expenses.

Comment from Texas Jones Act and Maritime Lawyer Brian Beckcom:

If you are a "seaman" as that term is defined in the Jones Act, your employer is REQUIRED to pay your medical bills until you reach "maximum medical improvement" and also is REQUIRED to pay your "maintenance," which is a daily monetary amount that is supposed to provide for your living and lodging and food expenses while you recuperate from your injuries.

If you are an offshore worker who is a Jones Act "seaman," and your employer is NOT paying your medical bills or maintenance, they are not following the law. 

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Thanks.  We get this question a lot.

Far too often, when someone is working offshore (either on a boat, dredge, drilling rig, supply boat, or in any job that requires them to work on or over water), they are exposed to unique and often dangerous conditions.

When  an offshore worker is hurt, the employer has certain legal obligations to handle the situation appropriately.

However, far too often, the employer does not handle the situation appropriately. 

Here are some tricks the employer (or its insurance company) may try if you are injured offshore and cannot work, and need medical treatment:

1.  Try to get you to give a "recorded statement" either immediately after you are hurt, or while you are still in pain;

2.  Tell you that if you don't give a recorded statement, you won't get any medical treatment;

3.  Require you to go to company doctors for your medical care;

4.  Refuse to pay your full wages while you are recovering;

5.  Require you to come back to work before you are ready, and if you don't, claim that they have to "let you go" or "find someone else" for the job;

6.  Try to blackball you with other employers in your industry;

7.  Sue you for not coming back to work! (Yes, your employer can and may try this trick);

8.  Tell you not to get your own lawyer, then offer you some totally unreasonable settlement.

All of this tricks are common.  They are also inappropriate.  You should not fall for them. 

Unfortunately, if you are injured offshore, it is likely that the company (and its insurance company) will have an army of lawyers working behind the scenes to hurt your case or eliminate your legal rights.  And you may not even know that these lawyers are working behind the scenes.

Before you do anything, arm yourself with information.  Order a copy of our law firm's book, "The Truth About Offshore Injury Claims." 

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After an offshore injury, the insurance company will probably want to take a "recorded statement" from you.  The insurance company will tell you they are trying to "investigate your claim" and "determine liability" and they need your recorded statement "for their file." 

The insurance company will try to convince you it is in your best interest to give a quick recorded statement.  They will say something like "just tell us what happened" so they can "make an offer" on your case.

They may even try to convince you to sign paperwork.  That paperwork may completely eliminate your legal rights against the company or wrongdoer, or severely limit those rights.

For example, a company called "Weeks Marine" often tries to convince badly injured workers to sign papers giving up their right to sue.  Weeks Marine has gone so far as to go to the hospital after one of the workers was injured and shove papers in front of them injured worker.

It is a bad idea to give a recorded statement to the insurance company or employer unless you have your own independent attorney involved. 

Why?

Because the real purpose of a "recorded statement" is so the insurance company can trick you into saying something that will hurt your case or allow them to avoid responsibility for paying your claim. 

The insurance company  and their adjusters are skilled at "investigating" the case in such a way that it either allows them to avoid responsibility entirely or significantly reduce the amount of your claim.

The bottom line is that if you were injured at sea or injured offshore, and the insurance company starts trying to talk you into giving a recorded statement, carefully consider not giving a recorded statement without your own independent legal advice.  Otherwise, you may be falling into an insurance company trap.

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Many times, injured workers who are injured on boats or rigs offshore, or on the docks, or while boats are docked and not sailing, etc. will ask me whether they are Longshoremen or Jones Act seamen, or something else.

The answer to this question is absolutely critical in determining your legal rights if you are injured.

So, what is the difference between a Longshoreman and a Jones Act seaman, and how do YOU figure out which one you are?  This article will provide some guidance in answering that question.

How to determine if you are a Jones Act seaman, Longshoreman, or something else

1.  Get a consultation with an experienced martime lawyer.

    The Jones Act, Longshore Act, and maritime law is complicated, complex, messy, and uncertain in many ares.  That specifically includes whether workers are Jones Act seamen or Longshoremen. 

    You would not try to self-diagnose a medical condition, would you?  And you should not try to self-diagnose your legal status under maritime law either.

    Also, make sure the lawyer you talk to knows what he or she is talking about.  Most lawyers don't do maritime law, have no idea what the difference is between a Longshoreman or Jones Act seaman, and will not be able to give you sound legal advice on this issue.

2.  Gather paystubs, work descriptions, etc.

    You need to gather up information on your work history and responsibilities.  What you did, when you did, and for how long will all be important things for your maritime injury lawyer to evaluate.

3.  Check this website often

    We try to keep this website up to date with the latest court cases and maritime law issues.  Hopefully, by reviewing this website, you can answer a lot of questions without ever having to call a lawyer.

General guidance on the difference between a Longshoreman and a Jones Act seaman

So by the time you've got to this part of the website, you're probably ready for an answer other than "talk to a good lawyer." 

This next section will give some general guidance about the difference between a longshoreman and a Jones Act seaman.  It is NOT intended to be legal advice.  This area of the law is too complicated for anything but a face-to-face or phone consultation with a lawyer to give good, solid, reliable legal advice. 

But some general guidelines may be helpful.

Longshoreman

Generally, longshoremen are people who work on the docks, loading and unloading boats and moving cargo around, into, off of, and around boats and docks. 

People who do this work exclusively are probably going to be Longshoremen.  Which means they fall under the Longshore & Habor Workers Compensation Act.

Jones Act seamen

Generally, workers who work over the water for extended periods of time on boats of all kinds, oil rigs, movable platforms, etc. and who go out to sea are considered Jones Act seamen. 

And that means that their legal rights are under the Jones Act, which is a federal statute and series of court case decisions interpreting that law.  The Jones Act is generally better than the LHWCA because there are more "remedies," meaning more opportunity for compensation.

Longshoremen or Jones Act seamen

What about workers who work part time on boats or tugs and part time in the docks or onshore?  What about platform workers?  Or what about maintenance workers who go out to sea on a temporary basis?  What about casino boat workers?  Commercial scuba divers? 

The list of exceptions and complications goes on and on.  That is why you must speak with a lawyer who knows what he or she is talking about when it comes to maritime injury cases.

Best of luck!

About the firm

Our law firm is a firm of board-certified personal injury trial lawyers with extensive experience handling serious personal injury and wrongful death matters, including Jones Act, Longshore, and General Maritime Injury cases.

Mr. Beckcom practices at Vujasinovic & Beckcom, P.L.L.C., a Houston-based law firm with a national practice.

To contact Mr. Beckcom and schedule an appointment to discuss your legal matter or for press inquiries, call toll free 877.724.7800.

To learn more about the firm, visit the following websites:

www.vbattorneys.com (main website)
www.maritimeaccidentattorney.com
www.themaritimelawyer.com
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Selecting the Right Lawyer May Be The Most Important Decision You Make
By Brian Beckcom

When you suffer a serious injury working offshore, or if a loved one is killed working offshore, selecting which lawyer will represent you in your case is one of the most important decision you will ever make for your case, if not the most important decision.  If your injury is career-threatening or career ending, or if the family breadwinner has been killed or disabled, obtaining a good monetary result in your case may be the most important thing that could happen financially.

Frankly, not many lawyers handle Jones Act, Longshore, Injury at Sea, or Maritime Injury cases on a regular basis. 

In fact, the vast majority of lawyers have never handled a Jones Act or Maritime Injury case in their entire career.

Now, some lawyers will tell you they have experience or are able to handle your case.  But before you hire a lawyer to handle any offshore injury case, you should consider the following five things:

1.  Don't hire the first lawyer you talk to.  Interview more than one lawyer.  Hiring a lawyer is a very personal decision.  Some lawyers are great for particular clients and some just don't "fit" right.  So shop around a little before making your decision.

2.  Ask the lawyer directly how many offshore injury cases he or she has handled in his or her entire career.  If the lawyer doesn't give you a direct answer, consider finding another lawyer to represent you.

3.  Ask the lawyer if he or she is board-certified in any field of law? 

4.  Find out about past case results by asking the lawyer for a list of case results.  Any competent lawyer should be able to provide this to you relatively easily.

5.  Ask the lawyer whether he has ever published any articles or given any speeches on Jones Act, Longshore, or Maritime Injury cases.  Obviously, it is not necessary for the lawyer to have published articles for he or she to be a good lawyer--but it doesn't hurt.

Remember, hiring a lawyer is a personal decision and you certainly don't have to hire the first one you interview.  You should shop around a little bit, ask the right questions, and only hire an attorney once you are satisfied with the answers to your questions and comfortable with the attorney and his assistants on a personal level.


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About the author

Brian Beckcom is a board-certified personal injury trial lawyer with extensive experience handling serious personal injury and wrongful death matters, including Jones Act, Longshore, and General Maritime Injury cases.

Mr. Beckcom practices at Vujasinovic & Beckcom, P.L.L.C., a Houston-based law firm with a national practice.

To contact Mr. Beckcom and schedule an appointment to discuss your legal matter, call toll free 877.724.7800.

To learn more about the Mr. Beckcom and his firm's practice, visit the following websites:

www.vbattorneys.com
www.maritimeaccidentattorney.com
www.themaritimelawyer.com

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SEAMEN'S ALERT

Houston, Texas - December 22, 2007

If you are injured offshore, you SHOULD NOT sign any paperwork given to you by your employer UNTIL YOU HAVE HAD THE PAPERS REVIEWED BY YOUR OWN, INDEPENDENT ATTORNEY!.  Unless, of course, you want to eliminate or severely limit your legal rights.

Recently, many employers (including K-Sea Transportation Co., Weeks Marine, and Great Lakes Dredging) have coerced their injured workers into signing papers after they are hurt which severely limit the injured workers' rights in court.  In some cases, signing these papers may result in the injured worker loosing thousands, tens of thousands, or even hundreds of thousands of dollars.

So unless you want to lose your legal rights, or severely limit, do not sign any papers given to you by your employer after you are hurt unless you have those papers reviewed by an independent lawyer you select.  (In other words, don't rely on legal advise from a company-selected lawyer).

If you want to read a case where an injured worker basically signed away many of his legal rights, look at Barbieri v. K-Sea Transportation Corp., 2006 WL 3751215 (E.D.N.Y. Dec. 19, 2006).

Mr. Beckcom is a Board-Certified Personal Injury Lawyer who represents individuals and families.  Mr. Beckcom represents injured offshore workers and railroad workers in Texas and across the nation and the world. 

If you would like to speak with Mr. Beckcom about your potential legal case, you can call his law firm and schedule a telephone conference.  The toll free number is 877.724.7800

You can visit one of the firm's website to learn more about what we do:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

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About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. 

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Injured offshore workers often ask whether they are entitled to bring a claim against their employer if they are injured onshore.

The answer is "Yes," Jones Act seaman may bring a claim against their Jones Act employer even if they weren't injured on the water, or on the boat, as long as they were injured "in the service of the ship."

This has been true at least since 1966, when the United State Supreme Court decided the Hopson v. Texaco case.  (You can find that case at 383 U.S. 262).  In the Hopson case, a seaman was traveling to the U.S. Consul in a taxicab in a foreign country.  The tax crashed, the seaman was hurt, and he sued his Jones Act employer.

The seaman was going to the U.S. Consul as part of his job duties (he was going to get papers so he could get medical care in the United States).

The Supreme Court held that the Jones Act employer was responsible to the injured employee and liable for the negligence of the taxi driver since the taxi driver was acting as an agent of the Jones Act employer.

So, if you qualify as a Jones Act seaman, you may recover damages even if you are not injured on a vessel.

For more information, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

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About the firm

Brian Beckcom is a Board Certified Personal Injury Attorney at Vujasinovic & Beckcom, P.L.L.C., a Houston, Texas-based law firm with a national practice.  All the attorneys at the firm are board certified in personal injury law by the Texas Board of Legal Specialization. 

The firm handles serious injury and death cases, as well as business and insurance cases, on a contingency fee basis.  The firm has a substantial docket of Jones Act and maritime injury cases.

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A worker recently filed a lawsuit under the Jones Act, claiming that his Jones Act employer, Pride Offshore, forced him to work in a dangerous position, work on poorly designed ship valves that were improperly maintained, and work on valves that were placed in the wrong position to begin with.

Jones Act employers are not allowed to place their workers in positions that are likely to cause injury.  If a worker is injured, he or she can hold the employer liable for negligence under the Jones Act. 

Likewise, a Jones Act employer/shipowner is required to keep its ships "seaworthy."  That means that if the ship and her equipment is not reasonably fit for their intended purpose, the Jones Act employer/shipowner may be held responsible under the general maritime law doctrine of "unseaworthiness."

Have a Jones Act or Offshore Injury Question?

If you have been injured offshore, or you have a family member who has been injured or killed offshore, you can call the maritime accident attorneys at  our law firm toll free at 877.724.7800.

You will speak to one of the firm's board certified personal injury lawyers directly.  We will answer your questions and try to help you and your loved ones in whatever way we can.

About the Author

Brian Beckcom is a Board Certified Personal Injury Lawyer who has handled hundreds of Jones Act cases, maritime accident and injury cases, and other serious personal injury and wrongful death matters.  You can read more about his firm by visiting the firm's main website at www.vbattorneys.com.

Mr. Beckcom is the author of more than 50 articles in the field of maritime law.  He is regularly asked to represent injured offshore workers and their families. 

Mr. Beckcom has never lost a Jones Act or maritime injury case.

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Do you accept only certain types of cases?  Will you take my case?

We get these questions a lot.

We receive a lot of calls from clients asking for us to take their case.  Unfortunately, we can take only a small number of the cases we review.  We are very selective about the cases and clients we accept.  There are two main reasons. 

First, every case is handled personally from start to finish by one of our board-certified personal injury specialists.  Unlike at some firms, at our firm, you and your case get hands-on, personal attention from one of the firm's founding partners.

Because we give cases personal attention, we want to make sure to limit which cases we accept so we can dedicate the right amount of time to your cases.

Second, we only accept serious injury or death cases.  We have years of experience handling these types of cases.  We know how to handle these cases, how to settle them for a fair and reasonable amount, and how to take serious cases to trial and win, if necessary.

So, What Kinds of Cases Will You Accept?

We handle maritime personal injury and wrongful death cases involving offshore drilling rig accidents, supply, utility and crew boats, dredge boat accidents, fishing boat accidents, construction barge accidents, commercial diving accidents, and helicopter accidents, as well as in the area of railroad injury and death involving railroad workers (FELA claims), and railroad crossing accidents.

We also handle cases for people seriously injured in motorcycle accident or truck accidents.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about the firm, the experience of the lawyers at the firm, and past case results (Keep in mind that each case has its own facts and circumstances.  Past results are no indication of the value or results for your case or any other case.)

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters, insurance disputes, and business disputes.

Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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I was injured at sea.  How do I file a Jones Act lawsuit?

We appreciate this question and get it a lot.

1.    Hire an experienced Jones Act lawyer

The first thing you should do is interview some experienced Jones Act lawyers and find a lawyer, and a law firm, that you are comfortable with.  Most lawyers don't do Jones Act work and haven't handled many (or any) Jones Act cases.  You should consider interviewing lawyers until you find one you are sure has the experience and resources to handle your case properly.

2.    Gather all documentation you have about your case

You should gather all the medical information, the accident report, and correspondence from the company, any pictures of your or the accident, and anything else that may have any bearing on your case.  You should also make a list of witnesses that can tell the jury or judge what happened.

All of this information may be important to your case.

3.    Make sure you are getting proper medical care

Actually, this is probably the most important part of your case, not only from a legal standpoint, but also from a personal and medical standpoint.  You are not required to go to company doctors.  You can select doctors with whom you are comfortable.  An experienced Jones Act lawyer can help you with this process.

4.    Do not give any written or recorded statements until you've spoken with a good lawyer. 

You aren't required to give written or recorded statements to company representatives or the insurance company (although you should try to comply with the company accident reporting procedures and make sure you report the accident). 

Sometimes, if you give a recorded statement without the assistance and advice of a company lawyer, the company representatives or insurance people may trick you into saying something that hurts your case.

5.    Prepare yourself for a fight.

In most Jones Act cases, the company will not just pay you a fair and reasonable settlement immediately.  Your lawyer will need to gather all the evidence, including medical records and bills, file your lawsuit, and maybe take sworn "depositions" from appropriate witnesses.  In some cases, you will need an expert witness (or even more than one) to help evaluate the responsibility issues as well as your medical treatment and bills and lost wages.

This takes time and it takes a lawyer willing to fight for you.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about the firm, the experience of the lawyers at the firm, and past case results (Each case has its own facts and circumstances.  Past results are no indication of the value or results for your case or any other case.)

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters, insurance disputes, and business disputes.

Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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Thanks very much for submitting this question.

The answer is yes, under many circumstances.  However, you will want to talk with an experienced maritime lawyer about your legal options. 

Why?  Because offshore drilling rig accidents can be very, very complex.  Think of it this way--if you had heart troubles, would you visit with a foot doctor?  Of course not.  You'd visit with a heart specialist. 

The same thing goes for lawyers.  Most lawyer don't know much about offshore drilling rig cases.  Most lawyers have never handled one.  So make sure you talk to a lawyer who has handled offshore drilling rig cases.

There are a number of different legal issues that arise in the offshore drilling rig case.  First, what is your legal "status?"  Are you a Jones Act seaman?  A longshoreman?  A shore-based worker who just happens to be on the rig when injured?  Are you a passenger?  A supervisor? 

All of these questions will be important to ask in evaluating your claims.  You want a lawyer who knows the answer to these questions.

You'll also want to know how to get proper medical care.  Can you see your own doctor, or are you required to go to a company-approved doctor?  Back injuries can be serious and even career-threatening or ending--you want to make sure you get the best treatment possible, as soon as possible.  Often an maritime lawyer can help facilitate this process.

Finally, you'll want to know what your case is worth.  You should read the entry on this website regarding what offshore injury settlements are worth to help guide you on the right road to a full personal, medical, and legal recovery.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about his practice, his experience, and his firm's case results.

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters.  Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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Press Release

Houston, Texas July 2007

Recently, there has been a huge uptick in the offshore oil business as a result of skyrocketing prices.  As a result, more workers are needed, more workers go offshore, and more oil is retrieved from the Gulf of Mexico and other offshore locations.

But, unfortunately, more injuries and deaths have occurred as a result. 

Texas Injury Attorney Brian Beckcom, who handles offshore injury case of all kinds, has decided to help offshore injury workers navigate through the complex sea of maritime law by publishing "The Maritime Lawyer," a website devoted exclusively to offshore injury matters.  He also offers free telephone consulations to injured offshore workers to discuss their case.

There are literally hundreds of different questions offshore workers and their families need answers to when they are injured. 

Offshore workers who suffer injury want to know:

1.  How will my medical bills be paid?
2.  Am I required to go to company doctors (the answer may surprise you);
3.  Am I required to return to work even if I don't feel like I am ready?
4.  Do I have to "sign forms" or give the company insurance person a recorded statement?
5.  What is my case worth?
6.  If the company offers a quick settlement, should I take it?
7.  Will I get "blackballed" if I hire a lawyer or file a claim?
8.  What happens if I can't go back to work?

Offshore companies often want to close out the case before the injured worker has a chance to get solid, personal legal advice from an experienced lawyer who represents injured workers. 

Or, the companies want the workers to come back to work after the company doctor says they should return to work, even if the worker isn't well or ready to return to work.

You don't have to go back to work and risk your health and safety if you are not ready.  In fact, you may be putting your health at risk, or the health and safety of other workers at risk.

Every case is different, and it is impossible to determine the answers to your specific case without consulting with an experienced offshore injury lawyer.

That's why Mr. Beckcom offers free, no-obligation consultations to injured offshore workers and their families.  This allows injured workers to "level the playing field" and obtain important legal information and advice about their claims before it's too late.

If you are injured offshore, as long as you handle things carefully, you should be able to avoid any issues later on if you need to get lawyers involved or go to court to enforce you and your families' rights.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters.  Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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One of the most commonly asked questions I get from our offshore client's is "What is my case worth, and when should I expect to settle it?"

There are a number of factors that determine what your case is worth, and how quickly it settles.

Offshore Injury Settlements - What Is An Offshore Injury Case Worth?

The settlement or jury verdict amount for an offshore injury case depends on large number of factors.  First, the seriousness of the injury itself.  For instance, is the injury something that will keep you out of work forever?  For a year?  For a month?  Not at all?  These questions must be answered by experts trained to evaluate such things, and obviously, the more serious the injury, the higher (in general) the settlement value.

Another factors is whether you have a Jones Act case, a General Maritime Law case, a Longshore & Harbor Worker's Compensation Act case, an Outer Continental Shelf Land's Act case, or some other kind of cases.  In general, Jones Act cases are valued more highly because the law (in general) is better than most other laws.  But this is not always true and depends on the facts of each individual case.

Another fact is where the injury happened and where you file it.  Some places are better to file a lawsuit than others--some places tend to be more pro-business and anti-injured employee, while others are more pro-injured employee and less pro-business.  Offshore injury claims have extremely complicated venue rules about where you can file your case--you MUST talk to an experienced offshore injury lawyer to make this determination.

There are a lot of other things to consider when determining the value of an offshore injury settlement or jury verdict, including:

--How good is your lawyer?  How experienced?  Can your lawyer actually win at trial?  Does your lawyer have the resources to take on large offshore companies?
--How good is the defense lawyer?  How experienced?  Can the defense lawyer actually try a case?
--How clear is the "liability", or, to put it another way, how clear is it about who was at fault?
--Were any safety regulations violated?  By whom?  How serious were the violations?
--Has any employee been injured in the same way, or by the same equipment, before?
--Were there pre-accident warnings?

The list goes on and on.  This is just a sample of the many things that an experienced offshore injury lawyer can help you evaluate.






Continue Reading...

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I get calls almost everyday from workers who were injured at sea.  All too often, the injured worker has done something, or said something, that has caused or will cause problems with their case. 

Here are 6 critical things to know if you are injured at sea:

1.  Your medical care comes first.  If you need medical attention whether it be first aid, emergency care, hospitalization, get it immediately.  If the vessel has a medic, see the medic. 

2.  If at all possible, you need to report the accident to appropriate supervisor.  Request an accident report.  Fill it out.  Know that it will be used in litigation if the case goes to court.  Get witness names.  And fill out all other important information, including where it happened, when it happened, who was there, etc. 

3.  If possible, take pictures or ask someone to take pictures of the accident scene and your injuries.

4.  You should sign the accident report ONLY IF you are satisfied that it is complete and accurate.  In other words, don't sign a blank or incomplete or inaccurate accident report.

5.  DO NOT SIGN ANYTHING THAT SAYS "RELEASE" OR "WAIVER" OR ANY LANGUAGE LIKE THAT.  Some offshore employers will tell you that you've got to sign off on documents before you get medical attention, or get paid, etc.  This may be a trick.  If you are given documents to sign, you should STRONGLY consider having those documents reviewed by an independent lawyer before signing them.

6.  Keep a complete file on what happened.  Keep all paperwork.  Consider keeping a diary or notebook with details about your medical condition, the events that led to your incident, and anything else you think is significant.

If you are injured at sea, as long as you handle things carefully, you should be able to avoid any issues later on if you need to get lawyers involved or go to court to enforce you and your families' rights.

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, L.L.P. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters.  Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

To learn more about injuries at sea, the Jones Act, and general maritime law, please visit the firm's main website at www.vbattorneys.com, or contact Mr. Beckcom toll free at 877.724.7800.

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Jones Act Cases in Texas State Court After HB 1602

Brian Beckcom
Vujasinovic & Beckcom, L.L.P.
1001 Texas Avenue, Suite 1020
Houston, Texas 77002
(713) 224-7800
Brian@vbattorneys.com
www.vbattorneys.com

I.    Introduction

    On May 24, 2007, a sea change occurred in Texas state court Jones Act cases.  On that day, Governor Rick Perry signed HB 1602.   HB 1602 dramatically alters the special venue statute that applies to Texas Jones Act seamen. 

    Before HB 1602, Jones Act seamen and FELA railroad workers who lived in Texas when they were injured were allowed to file their FELA or Jones Act lawsuits in the county where they “resided” when they were injured.   The advantages for injured seamen and railroad workers were many, including local juries, local doctors, the ability to stay close the their family during trial, and the many other advantages inherent in local venues.

     HB 1602 modifies the venue options for Jones Act seamen and eliminates the home county option is some cases.  Before filing a Jones Act personal injury lawsuit, the prudent practitioner will be well advised to study HB 1602 and consider all the various venue options before filing a Jones Act lawsuit.  This paper summarizes and analyzes the changes HB 1602 brings to Jones Act cases in Texas state courts. 

A.    HB 1602 - Background

    The impetus behind HB 1602 was a perceived increase in Jones Act filings in four South Texas counties against dredging companies, in particular two out-of-state dredge companies, Great Lakes and Weeks Marine.  The dredge companies, with the backing of the anti-civil justice group Texans for Lawsuit Reform, attempted at first to eliminate the home county as a venue option for all Texas-based Jones Act seamen and FELA railroad workers.  The original version of the bill would have forced the vast majority of Texas-resident Jones Act seamen and FELA railroad workers to file suit in their employers’ home county.

    Recognizing the unfairness of the original bill, HB 1602 represents a compromise reached after many months of negotiation.  HB 1602 makes Harris County and Galveston County permissible venues for some out-of-state Jones Act cases, regardless of where the plaintiff lived in when he or she was injured.  HB 1602 provides special venue protections for dredge companies.  It allows the dredge companies to hire workers from South Texas (and other Texas counties) but prevents the dredge companies from being sued in those counties. 

    Finally, the venue option for FELA railroad workers was left untouched.

II.  HB 1602 Analysis

A.    FELA railroad workers

    Before HB 1602, FELA railroad workers and Jones Act seaman were treated the same for venue purposes.  The precursor to HB 1602 would have treated FELA railroad workers and Jones Act seamen the same by repealing CPRC 15.018 (the special venue statute) in its entirety.  The modified final version, HB 1602, carves out FELA railroad workers and separates them from Jones Act seamen.  As a result, FELA workers can still file in their home county, as well as the county where the incident occurred or the county where the defendant maintains its principal place of business in Texas.

    In summary, FELA railroad workers are unaffected by the modified, passed version of HB 1602.

Continue Reading...

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Offshore workers may find themselves assigned to a government vessel or working for a private vessel chartered by the U.S. federal government. 

If you are injured on a U.S. government vessel or while working on a vessel chartered to the U.S. government, do you have a Jones Act claim?

The answer to this question is probably "no," unless you were aboard a private vessel under "time" charter to the U.S. government.  Instead, you probably have a claim under the Suits in Admiralty Act (the "SAA") or the Public Vessels Act (the "PVA").

The Suits in Admiralty Act is the exclusive remedy for maritime tort actions agains the United States where a public vessel is involved.  The Public Vessels Act contains a waiver of sovereign immunity for admiralty torts, but only those committed by or aboard public vessels.  So, if a private vessel is charted to the U.S. government, the Public Vessels Act exception probably does not apply.

Under the Suits in Admiralty Act, an injured offshore worker can recover only to the extent a private party or company would be liable under similar circumstances.  For example, if the boat owner would be liable as a private person for unseaworthiness, then the U.S. government can likewise be liable for unseaworthiness.

In cases where the U.S. hase hired a private vessel, and one of the vessel's employees is injured on the private vessel, the kind of charter or contract the U.S. has with the private company can make a huge difference in the type of claim allowed. 

The U.S can charter a private vessel in different ways.  Basically, there are two well-knowns types of boat charter.  One is a "time" charter and the other is a "demise" charter.  A demise charter is almost like an outright transfer of ownership. 

A time charter, by contrast, is where one party contracts only for specific services which are rendered by the vessel owner's master and crew.  Time charterers assume no liability for the seaworthiness of the vessel, the negligence of the crew, or maintenance and cure.

As a pratical matter, what this means is that a worker injured on a private vessel leased to the U.S. government under a time charter can bring a Jones Act claim against the private company and is not barred or restricted by the Suits in Admiralty Act or Public Vessels Act.  By contrast, if the boat is under a demise charter, then the only remedy is probably a Suits in Admiralty Act claim.

Suing the U.S. government under the Suits in Admiralty Act or Public Vessels Act is extremely complicated and a worker injured under these circumstances should only hire a very experienced Jones Act attorney or maritime attorney.

If you have been injured on a U.S. government vessel or a vessel leased or chartered to the U.S. government, please call the law offices of Vujasinovic & Beckcom, L.L.P. toll free at 877.724.7800 to speak with one of the firm's experienced Jones Act attorneys. 

Also, please be sure to visit the firm's main website at www.vbattorneys.com for more information about the Jones Act, maritime law, the Suits in Admiralty Act, and the Public Vessels Act.

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At Vujasinovic & Beckcom, our law firm represents oil and gas workers who have been injured in the Gulf of Mexico, the Atlantic and Pacific, and across the world in various oil and gas operations.  We also represent the family members of those oil and gas workers killed during their offshore employment.  (To learn more about your legal rights, feel free to visit our main website at www.vbattorneys.com or call us with your questions.).

Some of the most frequent types of injuries include injuries on Jack-up drilling rigs and oil platforms, boating and vessel injuries, diver injuries, and helicopter injuries. 

There are four very important things you must know if you were injured offshore working with an oil and gas company or in a supporting role:

1.  Most lawyers do not have any experience at all representing offshore oil and gas workers.  These claims are highly specialized, complicated, and expensive.  You need to make certain that the lawyer you hire has experience with these types of claims.

2.  Your claim may fall under one of four different legal remedies.  They are the Jones Act, General Maritime Law, Longshore & Harbor Worker's Compensation Act, and the Outer Continental Shelf Land's Act.  Each set of laws is very different and it takes an experienced offshore lawyer to help you navigate your way to the best possible recovery.

3.  You are generally entitled to medical care if you are injured offshore in the oil and gas fields, regardless of who was at fault.  And you aren't necessarily required to go to company doctors.

4.  If you suffered a serious injury, you may be entitled to appropriate and fair compensation.  And unlike many state-based laws where the compensation is completely inadquate (like worker's compensation), offshore oil and gas injury claims generally entitle prevailing party to much more reasonable and fair compensation.

For more information, you can contact our law firm by visiting our main website, www.vbattorneys.com.

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(Note to readers: The reason we haven't added to the site in the past few weeks is that our law firm has been trying a major wrongful death lawsuit against Nabors Drilling International, Limited involving a shooting death in the Middle East.)

Offshore Oil Rig Injury Claims - Background & Suggestions

Our law firm is principally located in Houston, Texas, just minutes from the Houston Ship Channel and less than an hour from the Gulf of Mexico.  The Gulf of Mexico is one of main offshore oil and natural gas drilling sites in the world.  In the past few years, business has been booming.  More and more workers are sent offshore to work on oil rigs, the oil companies and support companies have made more and more money, and, unfortunately, more and more offshore oil rig workers have been injured or killed.

We get calls on offshore oil rig injury claims every week.  One of the most asked questions is "what law covers an injured offshore oil rig worker?," or "what are my legal rights as an offshore oil rig worker?"

The answer to the question is not simple, and our first piece of advice to these workers is to make sure that whatever law firm you hire, that the lawyers have real, extensive experience handling offshore oil rig injury claims.  The law is incredibly complicated, and the vast majority of lawyers and law firms have no experience handling offshore oil rig injury claims.

The second piece of advice is that offshore oil rig injury claims may be covered by the Jones Act, the General Maritime Law, the Longshore & Harbor Worker's Compensation Act, or the Outer Continental Shelf Land's Act case.  It depends almost entirely on the specific facts of the case, where the injured oil rig worker was assigned, what type of structure he or she was working on, how long he or she had been assigned, etc.

Employers will often attempt to force injured offshore oil rig workers to accept legal rights under the least favorable set of laws, thinking that the injured offshore oil rig worker won't know the difference, or will be so desperate for money and medical care that they will take the first offer made, even if it's a bad offer. 

Don't fall victim to this type of tactic.  The experience offshore oil rig injury lawyers know how to position your case and get you benefits and legal compensation under the most favorable and appropriate law.  Also, the offshore oil rig injury lawyers will help you financially survive during your time off from work, and will ensure that you can afford to see good doctors if the company won't agree to help with you medical care.

Oil rig work is rewarding but can be dangerous.  If you have an offshore oil rig injury claim, don't trust your case to the first lawyer you talk to, and don't rely on your employer for legal advice.  Get competent offshore oil rig injury lawyers on your side immediately.

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Diving Accident Law

We handle diving accident and injury cases.  One of the first questions in these cases, particularly in commercial diving cases, is whether the Jones Act covers commercial divers.

In 1992, in Ashley v. Epic Divers, Inc., the dive company argued that one of its employees, a freelance diver, was not a Jones Act seaman.  The Court agreed.  The Court reasoned that the diver was assigned to different vessels owned by differet owners and was therefore not a Jones Act seaman.

Dive companies have used this ruling to argue that divers only get Longshore benefits under the Longshore & Harbor Worker's Compensation Act. 

In 1995, 1997, and 2005, the U.S. Supreme Court issued a series of opinions that provided some additional guidance on the question "Who is a seaman?"   In these opinions, the Court focuses on the nature of the worker's work, not on some arbitrary "snapshot" test.

Currently, most commercial divers who are injured offshore will be Jones Act seamen.  But like in most maritime and Jones Act cases, when you hire a lawyer, you need to hire a dive accident lawyer, not a general practitioner, or you risk losing lots of legal rights.

Diving Accident & Injuries - Proving Negligence

Generally, diving companies are responsible for diving accidents & injuries if they are guilty of doing something that a reasonably prudent diving company would not do.

What this basically means is that diving companies must follow standard policies and procedures, Coast Guard regulations, etc. 

Unfortunately, in too many cases, the diving company fails to follow standard procedures or cuts corners on safety, resulting in serious diving injuries or even death.

The following are some examples of situations where a dive accident occured as a result of company negligence:

-lmproper decompression tables
-improper use of decompression tables
-using experimental tables
-operating outside the dive table limits
-ascending too fast
-improper medical treatment
-using improper equipment
-not enough manpower
-operating unsafely
-violating company or Coast Guard policies, or having inadequte or inappropriate company policies.

Diving injuries and accidents can be very serious, even life threatening.  If you have experience a diving accident or injury, you should seek experienced legal representation in the form of a diving accident lawyer.  To learn more about the Jones Act and maritime law, please visit the other posts on this website, or visit our main page at www.vbattorneys.com.

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    If you are injured offshore and qualify as a Jones Act seaman (you can read more about the Jones Act and Jones Act seaman status in other entries on this website), some employers will treat you honestly and fairly, provide independent medical advice and care, ensure that you recover from your injuries before requiring you to come back to work, and provide you and your family with appropriate payments while you recover from your injuries. 

    However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply aren't true, or are extremely misleading.  Almost every single Jones Act employer will have lawyers and insurance adjusters ready to provide them with advice.  Sometimes, they will attempt to get you to do takes actions that hurt your case and before you have the benefit of independent legal advice. 

    The following are some common tricks used by offshore employers that you should be aware of and that should cause "red flags" to come up:

1.  Injured Jones Act workers ARE NOT required to give a recorded statement. 

     The Jones Act does not require injured seamen to give a recorded statement to the employer or its insurance representatives.  While you should certainly report the accident immediately and in compliance with company procedures, you are simply not required to give a recorded statement.  If your employer or its insurance representatives tell you that you are required to give a recorded statement, you should be very suspicious.  In fact, the employer may try to get you to say things that may hurt your case later on.  And once it's recorded, you will have a lot of trouble later on if you were tricked into saying things you didn't mean. 

    Bottom line:  Be very careful about giving any recorded statement before you get independent legal advice.

2.  Injured Jones Act seamen ARE NOT required to sign any paperwork in exchange for getting medical benefits or maintenance payments. 

    Recently, some Jones Act employers have started requiring, or strongly suggesting, that injured seamen sign papers before they get medical benefits, maintenance, or "advances" on their personal injury settlements.  This is NOT required under the Jones Act.  And it is almost always a big mistake to sign such paperwork before consulting with independent, non-company affiliated lawyers. 

    Why is this a big mistake?  Because Jones Act employers often bury arbitration clauses or other language in this paperwork, and some courts have actually been enforcing these arbitrations clauses or waivers.  What does it mean to sign and be bound by an arbitration clause?  It means you may be forever giving up your right to a trial in Court, and instead, you may be agreeing to have your case heard by an arbitrator in a venue that is hand-picked by your employer.  Almost always a bad idea.

    If your employer requires you to sign paperwork after you're injured, you should STRONGLY consider having the paperwork reviewed by an independent, non-company affiliated lawyer to make absolutely sure you are not giving up important legal rights.

3.  Injured Jones Act seamen ARE NOT required to see company doctors. 

    Contrary to popular opinion, if you are injured offshore, you are not required to see only company-selected doctors.  You should pick a doctor who you like, with whom you are comfortable, and who treats you fairly and appropriately.   Unfortunately, some company-affiliated medical providers will try to force you back to work before you are ready, and will avoid performing tests that reveal the true extent of any possible injury.  Bottom line here is that you are allowed to select your own doctors.  If your Jones Act employer says you are required to go to company-selected doctors only, they are wrong.

4.  Injured Jones Act seamen ARE entitled to medical benefits and maintenance regardless of fault

    If you are injured offshore and qualify as a Jones Act seaman, you are entitled to medical benefits and maintenance (so-called "maintenance and cure") regardless of who was at fault.  Unless you were injured off the job, or you intentionally caused your own injuries, your Jones Act employer must pay maintenance and cure until you reach maximum medical improvement.  If your Jones Act employer tells you the injury was "your fault," or wasn't the fault of the employer, and therefore they are not required to pay your medical benefits and maintenance while you recover, they are wrong on this as well, and you should seek independent legal advice immediately to ensure that you get appropriate medical treatment.

5.  Injured Jones Act seamen ARE entitled to bring claims for negligence and unseaworthiness against their employer if they were injured due to the employer's fault or negligence

    Injured Jones Act seamen are entitled to maintenance and cure regardless of fault.  in addition to no-fault maintenance and cure, injured Jones Act seamen can bring negligence claims and unseaworthiness claims against their employer if the employer's fault caused the injuries, if the vessel or rig was "unseaworthy," or if the employer otherwise caused or even contributed to the injuries. 

    If you can prove negligence or unseaworthiness, you may be entitled to future medical care beyond maximum medical improvement, lost wages both past and future, and pain and suffering and mental anguish damages.  But in these situations, you must prove fault, unlike maintenance and cure, which is no-fault.

    Some Jones Act or maritime employers may tell you that maintenance and cure is all you get.  Don't listen to this nonsense.  If there is negligence or fault, the law says you have a right to bring a negligence or unseaworthiness cause of action under the Jones Act, if you are a seaman.

    Conclusion

    The five issues above are just a few examples of commonly misunderstood legal issues arising in Jones Act injury cases.  There are many more common tactics and misunderstandings that are listed above.  I will continue to update this website with more examples as appropriate, so make sure to check back often for updates on these and other important Jones Act and maritime law topics.

    In the meantime, trust your own common sense.  If you are a Jones Act seaman and are injured offshore, and something just doesn't "smell right," it probably isn't.  If you see red flags or something happens that causes you to be suspicious, you should strongly consider getting a free consultation from an experienced Jones Act attorney.  Most competent Jones Act attorneys will give you a no-charge free consultation and let you know whether your Jones Act employer is trying to trick you or not.  When things don't "seem right," they usually aren't.  Trust your gut.

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A Jones Act claim will always be governed by federal substantive law.  Most, if not all, general maritime claims will also be governed by federal substantive law.

However, an injured Jones Act seaman or maritime worker may be able to file his claim in state court.  When you first speak with your lawyer, you should ask him to tell you whether you should file your claim in a federal or state court, and why.  A good Jones Act lawyer or maritime lawyer should be able to tell you immediately where you should file your claim and tell you why as well.  If the lawyer can't tell you immediately, considering going elsewhere for legal help.

What are some of the considerations when deciding where to file your Jones Act injury claim or maritime injury claim?  Since federal law will apply, where you file the case will depend on procedural issues and pragmatic onces as well.

From a procedural standpoint, you may be able to get more pre-suit discovery in state court.  Many federal courts limit the amount of pre-suit discovery you can conduct severely.  Discovery is a good way to get at the truth of what caused the maritime injury, so consider state court if the discovery rules are more expansive.

A pragmatic consideration is whether the state court options provide a more people-friendly venue that federal court.  In Texas, for example, an injured Jones Act seaman can file his injury claims where he resided at the time of the claim.  In other words, the injured Jones Act seaman can file close to home, presumably where his family lives and where his doctors are located. 

Also, voir dire in federal court is generally more limited.  For some reason, federal judges like to conduct their own voir dire and limit voir dire from the lawyers ("voir dire" is the process of selecting a jury).  If you want more input into the jury selection process, you should almost always file a Jones Act injury claim or a maritime injury claim in state court.

There are many other considerations when deciding where to bring a Jones Act injury claim or a maritime injury claim.  A good lawyer will be able to walk you through these decisions and explain why you should file in a particular venue.

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If you are someone you know is injured offshore or near a navigable body of water, there may be a legal claim for damages under the Jones Act, General Maritime Law, the Longshore & Harbor Worker's Compensation Act (LWCHA), or other state or federal laws.  However, the procedural and substantive law governing maritime legal claims is very different from the law governing onshore injuries.

You need to be sure you don't run aground during your legal voyage.  Here are five helpful tips for workers with offshore injury claims.

1.  If you are considering hiring a lawyer, the very first thing you should do is ensure your lawyer has experience handling maritime injury or Jones Act claims.  Simply put, most lawyers don't handle these claims on a regular basis.  If you were having heart problems, you wouldn't seek help from a knee doctor, would you?  Of course not.  You'd find a heart doctor.  The same is true of lawyers.  If you have a maritime claim, you should talk to a maritime lawyer, not a tax lawyer or estate lawyer or other lawyer who doesn't regularly handle maritime injury claims.

2.  You need to know that the law governing maritime injury and Jones Act cases is entirely different than land-based claims.  The location of the worksite and the nature of the work being performed may have a substantial impact on the types of claims you can bring.  An experienced maritime lawyer should be able to tell you what laws govern your case.   Don't rely on your brother's uncle 's cousin who got in a truck wreck to tell you what your case is worth.  Jones Act and maritime injury claims are simply different than other types of claims.

3.  If you are injured offshore, DO NOT assume that you'll be covered by worker's compensation insurance.  In fact, many offshore injuries are NOT covered by worker's compensation insurance.  Even though you may not get worker's compensation coverage, however, if you're a Jones Act seaman, or a Longshoreman, you may get medical bills paid and wage replacement under the Jones Act or the Longshore & Harbor Worker's Compensation Act.  Although different legal rules govern these claims, they are similar to worker's compensation statutes in some respects. 

4.  If you're injured offshore and are covered under the Jones Act, you will likely get more legal remedies than other injured workers.  For instance, you have a claim for maintenance and cure (see the post on maintenance and cure on this website), Jones Act "negligence," and unseaworthiness (see related posts below).  You may also have third-party negligence clams under General Maritime Law if someone other than your employer was at fault. 

5.  Although you should report your injury as soon as possible, it's generally NOT a good idea to give written or recorded statements to company agents or officials until you've obtained legal help.  The reason is because the company's agents or insurance representatives may try to trick you into saying something that hurts your case.  It is much easier to avoid this problem upfront than try to explain it later on during your legal proceedings.  The companies all have experienced lawyers advising them on their rights--you should too.

For more information about the Jones Act and maritime law, see the related posts in this website, below.  Or call 877-724-7800 for a free initial consultation.

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