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

An injured worker has sued Matteson Marine Service, alleging that the company failed to provide him a safe workplace.  According to the lawsuit, the worker was injured because Matteson Marine Service was negligent.

The worker also claims that the company failed to provide him with maintenance and cure.  Or, put another way, that they failed to pay him any money while he was recuperating and failed to pay for his medical treatment.

You can read more about the case by clicking here.

What do you think about companies that fail to pay for proper medical care when an employee is injured?

Should the worker just "suck it up" and go back to work?  Or should the company provide the best care possibl since the worker was hurt at work? 

We welcome your comments.

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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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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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Before the Death on the High Seas Act, U.S. Courts did not provide any remedy for wrongful death occuring on the high seas under General Maritime Law. 

Realizing how unfair this was, Congress passed the Death on the High Seas Act (DOSHA).  DOSHA applies to seafarers and passengers.  It provides a statutory wrongful death action and provides remedies for the personal representative of the decedent.

The U.S. Supereme Court, in a series of complex opinions, has held essentially that if the DOSHA controls, the courts were not free to supplement DOSHA's damages with common law damages.  And the Court extended those holdings to Jones Act seaman's death cases, holding that the parents of a deceased Jones Act seaman could not recover loss of society damages because the Jones Act has been interpreted as allowing only pecuniary losses.  (See Miles v. Apex Marine Corp., 498 U.S. 19 (1990).

So in cases where DOSHA applies, wrongful death damages are limited to "pecuniary losses" suffered by surviving family members (although in Jones Act cases, the deceased seaman's personal injury claim survives to his estate).

Also, state wrongful death laws cannot supplement or provide more damages when DOSHA applies.  (See Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207 (1986).

So, what damages are recoverable under DOSHA?

DOSHA allows for "loss of support" damages.  That means survivors can recover the financial contributions the deceased would have made had he (or she) lived.

To recover loss of support, the family must show some sort of dependence or expectation of support. 

The total amount of support is not the decedent's future income.  You have to take out the portions of the future income the decedent would have consumed himself (or herself), reduce the totals to present value, and take out taxes.

Spouses are generally able to get loss of financial support over the decedent's work life.  Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority.  For instance, in some cases, children may be able to recover for the cost of a college education.

Loss of inheritence may also be a legitimate recovery under DOSHA.

Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery.  But to recover these damages, one must put on evidence of the reasonable value of these services.

Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA. 

Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.

Continue Reading...

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A Norwegian Cruise Line passenger fell five stories on a cruise ship going from Key West to Miami.  He fell from the 8th floor to the 3rd floor.  the Miami Dade County Fire Department took him to a trauma center.

Injury at Sea?

For more information about the Jones Act or General Maritime Law, 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

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.  The firm has a substantial docket of Jones Act and maritime injury cases.

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Tags: Maritime, Act, Act Jones, Injury, Lawsuit Moran, Lawyer, Maritime Law, Moran, Towing, Towing Jones, attorney Moran, claim?

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Juan Gonzales, a temporary worker on a jack-up rig, has brought a claim against Beacon Maritime and Murphy Oil for injuries he sustained when he was hit by flying slag. 

Mr. Gonzales is bring his claims under the Jones Act, which protects injured offshore workers and seamen.  Mr. Gonzales' claims includes Murphy Oil and Beacon Maritime's failure to provide safe equipment, a safe working environment, and failing to provide medical care quickly enough.

For more information about the Jones Act or General Maritime Law, 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

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.  The firm has a substantial docket of Jones Act and maritime injury cases.

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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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Global Industries Offshore has agreed to settle a Jones Act case recently.  The case was brought by a rigger who was injured on the Global REM Commander dive vessel.  The rigger was injured when a defective chain binder failed, striking him violently in the face, shattering his teeth and gums, and injuring his neck.

The rigger hired Brian Beckcom of Vujasinovic & Beckcom, a Houston-based maritime and Jones Act law firm, to handle his case.  After one year of work, the case was settled for a significant confidential amount.

According to the injured seaman's attorney, Brian Beckcom, the case was complicated by the fact that Global Offshore claimed that the rigger was not a Jones Act seaman, destroyed or lost the defective chain binder after the accident, and blamed at least three other companies for the rigger's injuries.

"This case demonstrates that Jones Act cases need experienced Jones Act attorneys.  The case was complicated from a legal and factual standpoint.  We are glad that our client was able to secure a substantial settlement despite all the obstacles Global Offshore's lawyers threw up to try to avoid responsibility to him."

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

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.  The firm has a substantial docket of Jones Act and maritime injury cases.

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Jones Act Seaman Obtains $225,000.00 Settlement One Day Before a Scheduled Trial Date

Press Release - For Immediate Release

Houston, Texas - Artemio Gonzalez, a Jones Act seaman and offshore welder, recently obtained a $225,000.00 settlement for a hernia injury he suffered while working on a lift barge, the DB William KALLOP, owned and operated by Offshore Specialty Fabricators, Inc. ("OSFI"). 

Mr. Gonzalez was contracted as an offshore welder to work on the KALLOP by ACP, a Louisana-based contracting company.  Mr. Gonzalez was picking up 100 feet of welding leads when he felt sharp pains in his groin area.  He reported the incident to the rig medic.  He was taken off the vessel a few days later and received treatment at the emergency room.  He was diagnosed with a double hernia.

OSFI and ACP claimed that Mr. Gonzalez's injury were 100% his own fault.  Mr. Gonzalez brought suit under the Jones Act and General Maritime Law against ACP and OSFI.  Mr. Gonzalez claimed that the OSFI supervisor yelled at screamed at the workers, including him, to work faster, and that he was unable to find assistance to help him lift the heavy welding leads.  He also claimed that there were no mechanical lifting aids available and the leads were too heavy to lift without mechanical assistance.

On the Sunday before a Monday trial setting, OSFI and ACP, through their insurance companies, agreed to pay $225,000.00 to settle all of Mr. Gonzalez's claims against them.

Mr. Gonzalez was represented by Brian Beckcom at Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.

Judge Mark Davidson of the 11th Judicial District Court, Harris County, Houston, Texas presided over the case.

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

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.  The firm has a substantial docket of Jones Act and maritime injury cases.

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The case was handled on a 40% contingent fee basis.  V&B advanced $39,000.00 in case expenses.

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Tankerman was injured while using a crossover hose on a Grifco barge

Press Release - For immediate release - September 2007

Houston, Texas - A tankerman employed by Grifco Transportation, has brought claims of negligence, unseaworthiness, and for recovery of maintenance and cure against Grifco Transportation, a barge company based in Texas.  The claims are brought under the Jones Act and General Maritime Law.

The injured tankerman claims that he was severely manipulating a cross-over hose on one of Grifco's vessels.  Before being injured on the job, he was an able-bodied seaman with no significant prior injuries.  He is now completely unable to perform his duties as a tankerman and has lost wages, both past and future.  He has received surgery.

The tankerman hired Brian Beckcom and Vuk Vujasinovic at Vujasinovic & Beckcom, P.L.L.C. to handle his Jones Act case.  Mr. Beckcom reports that "most maritime employers are good to their workers and treat safety as the most important part of any job.  However, unfortunately, some employers cut corners on safety and don't treat their workers right after they are injured." 

The case is pending in Neuces County, Corpus Christi, Texas.

About the firm

Vujasinovic & Beckcom, P.L.L.C. is a full service personal injury law firm.  The firm handles cases in Texas and nationwide.  Because of its reputation for success, the firm is often hired by injured offshore workers and their families to handle serious injury and death cases.

You can read more about the law firm by clicking www.vbattorneys.com or by visiting their maritime website, www.maritimeaccidentattorney.com.

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Maritime Injury law & The Jones Act

Part 1 - The Jones Act

(Part 1 of a 5 Part Series on Maritime Injury and the Jones Act)

Offshore workers face particulary high risks of on-the-job-injury.  Seaman working offshore live a life that is completely different in many respects from those working onshore.  Seaman and offshore workers spends days, weeks, and even months at a time away from their families, away from medical help, and on the open ocean or other large bodies of water.

Fortunately, the law recognizes the special contributions, and special dangers, faced by maritime workers.

This is a brief discussion of the Jones Act and is the first in a five part series discussing maritime injuries and the Jones Act.

The Jones Act

The Jones Act permits injured seaman to seek money damages for on the job injuries.  As any seaman knows, working offshore can be very dangerous.  The Jones Act appreciates this fact, and Jones Act employers may be responsble for any negligence or unseaworthiness of their vessl.

Injured seamen also get maintenance and cure, which is payment for medical treatment and a small daily allowance for living expenses, even if there is no negligence, as a long as the injury occurred in the course and scope of the seaman's employment.

Injured seaman may recover past medical expenses, and future medical expenses, loss of income (both past and into the future), mental anguish, disfigurement, pain and suffering, loss of enjoyment of life, and impairment.

Jones Act settlements can be very high.  However, without experienced, expert legal help, an injured Jones Act seaman may get messed around by his employer and not get a reasonable and fair settlement, or, indeed, any settlement at all.

About the Authoer

Brian Beckcom is a Houston-based attorney who is board certified in personal injury trial law by the Texas Board of Legal Specialization.  Mr. Beckcom and his firm handle serious personal injury and wrongful death cases in Texas and across the nation.  The firm has an active docket of maritime injury and death cases as well as Jones Act cases.  Mr. Beckcom is a recognized expert in Jones Act and maritime law cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com or its dedicated maritime and Jones Act website, www.maritimeaccidentattorney.com. 

Or call the firm toll free at 877.724.7800.  Mr. Beckcom gives free legal consultations to injured offshore workers.

 

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Press Release - For Immediate Release

Houston, Texas - September 9, 2007

The Houston-based law firm of Vujasinovic & Beckcom, P.L.L.C. has been hired to represent a long-time worker of Diamond Offshore for claims of personal injury under the Jones Act. 

The claim alleges that the worker was exposed to extremely hazardous chemicals without any personal protective gear.   As a result, the worker is no longer able to work in the sun due to extreme photosensitivity.

About the Firm

Vujasinovic & Beckcom, P.L.L.C. is a Houston-based law firm that handles serious personal injury and wrongful death cases in Houston, Texas and across the nation.  The firm has an active docket of maritime injury and death cases as well as Jones Act cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com or its dedicated maritime and Jones Act website, www.maritimeaccidentattorney.com. 

Or call the firm toll free at 877.724.7800.

 

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Press Release

Houston, Texas - August 15, 2007

The Houston, Texas based law firm Vujasinovic & Beckcom, P.L.L.C. announce the publication of the firm's new, dedicated maritime law website, www.maritimeaccidentattorney.com. 

The website provides the latest information to injured offshore workers, injured seaman, people injured in offshore, and their families.  It provides free information about maritime injury law, the Jones Act, and other areas of interest to maritime workers.

Firm partner Brian Beckcom says that "we get a lot of calls from people injured offshore.  We wanted to provide a convenient website for people injured offshore to get helpful information about offshore injury cases, Jones Act cases, and other maritime law matters.  We believe the website does just that."

About the Firm

Vujasinovic & Beckcom, P.L.L.C. is a Houston-based law firm that handles serious personal injury and wrongful death cases in Houston, Texas and across the nation.  The firm has an active docket of maritime injury and death cases as well as Jones Act cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com.  Or call the firm toll free at 877.724.7800.

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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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