Reporting your offshore injury

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.

Jones Act Barge Lawsuit Claims That Company Failed to Provide a Safe Place to Work

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.

BP Texas City refinery, and other BP refineries, continue to be the nationa's deadliest

The Houston Chronicle has an interesting article about British Petroleum and its safety record in today's edition.

Even after killing 15 people and injuring hundreds in 2005 at its Texas City refinery, and pleading guilty to a felony as a result of its conduct leading up to that explosion, BP apparently has not learned its lesson.

According to the Houston Chronicle, since the 2005 explosion, BP's Texas City refinery  is still the nation's most dangerous. 

You can read the full article by clicking here.

For some reason, the federal government apparently believes that a $50 million dollar fine for BP's felonious conduct would be sufficient punishment.

(Tell that to the parents, siblings, and children of the 15 people killed in 2005 and the 4 people killed since then.)

Many safety focused attorneys have objected to the proposed fine as too lenient.  Why?

Simply put, it is too lenient.  A $50 million dollar fine for BP (which is worth billions) is like a fine of less than one penny for someone with ten dollars.  It's just not high enough to have any deterrent effect.  It doesn't register.

Rather than have a meaningless, arbitrary fine, that will have a minimal effect on BP's bottom line, some people have suggested that the fine should be tied in some way connected to BP's net worth or profits.  That is the only way for the fine to have any "bite" to it.  Otherwise, the fine is basically meaningless.

What do you think?  Feel free to comment below.

Lawsuit Filed Against Blessey Marine for Wrongful Death of Seaman

A Jones Act seaman's wife has filed a lawsuit against Blessey Marine, his employer, for the wrongful death of the seaman.

The seaman was killed by lighting on August 2007.  According to the lawsuit, Blessey Marine ordered the man to work outside in inclement weather.  The lawsuit claims that Blessey Marine violated industry standards.  The wife is seeking compensation for the loss of her husband.

What is the Jones Act?

The Jones Act allows injured seaman, or their heirs if they are killed, to bring a lawsuit against their employer. 

To find out more about the Jones Act, please contact our law firm at www.vbattorneys.com by going to the contact section of the main website. 

You can request a free copy of our book, "The Truth About Offshore Injury Cases.

The book explains offshore injury cases, including Jones Act cases, and explains the entire process of a legal case for an offshore injury or death, including what to do in the early stages of the case, how to handle the insurance companies, whether and when and how to go about hiring a lawyer, and what to expect during the case.