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

Kevin Camel at Cox, Cox, Filo, Camel & Wilson recently posted a comment on our website about a case his firm handled.

If you have been injured offshore and are looking for a lawyer in the Lake Charles area to handle your case, consider contacting the lawyers at Cox, Cox, Filo, Camel & Wlson.

You can find their website and phone number by clicking here. 

Below is the post Mr. Camel put on our maritime website describing a case his firm handled on behalf of a severely injured maritime worker.
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The injured worker should not have to just "suck it up". Despite, or perhaps because of, advances in technology, the offshore industry is the most dangerous industry in which to work. Yet, rather than provide proper care to injured seamen and other offshore workers, the companies discourage them from making a claim for the benefits which they require to recover from their injuries.

Our firm represented a man who was crushed between a fixed crane and a tugger (air-winch) installed aboard the employer's vessel. The defendant employer had installed the tugger within the turn radius of the crane, creating a pinch point between the counterweight of the crane and a protective frame surrounding the tugger. The accident caused severe trauma to the seaman's anus, perineum, and rectum, internal organs, and left hip, resulting in the installation of an artificial bowel sphincter. The man has undergone over forty surgical procedures, including the creation and reversal of a colostomy and numerous debridements under anesthesia. The Jones Act seaman still suffers with severe scarring of his anus and rectum and damage to the sciatic nerve, causing uncontrolled chronic pain.

In addition to maintenance and cure benefits in excess of $1 million, we obtained $10.5 million for the seaman in settlement of his claim for damages against the employer under the Jones Act.

We worked diligently throughout the claim to ensure that the man received all the necessary treatment for his serious injuries.

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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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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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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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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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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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