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

We are pleased to announce that one of our clients, a commercial diver who works offshore, has obtained a settlement against his employer and a lift boat company following serious injuries he sustained while diving offshore.

Our client was employed by Seamar Divers and worked on a Montco Offshore lift boat.  According to their websites, Seamar Divers provides offshore commercial divers, subsea construction, and subsea fabrication services to the oil and gas industry.  Montco Offshore provides lift boats to the offshore industry.

Our client was hurt when the Seamar supervisor failed to monitor the dive properly, resulting in our client getting "the bends."  The Montco crane operator brought him up too quickly and dropped him too hard on the deck of the lift boat, resulting in severe orthopedic injuries.

After working on the case for less than a year, we were able to negotiate a settlement that takes care of all medical bills, expenses, attorney fees, and still leaves a substantial monetary recovery for our client to invest or spends how he wants.

Did you know commercial divers may be covered by the Jones Act or maritime law?

Many commercial divers (and probably even a lot of lawyers) do not realize that commercial divers may be covered by the Jones Act and general maritime law if they are injured offshore.

To learn more about commercial divers and their rights under the Jones Act, read the following article:

Are Diving Accidents Covered by the Jones Act?

Want to know more about offshore injury claims? 

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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Many casino workers don't know this, but if they are injured on a casino boat, they may have special legal rights under the Jones Act to make a claim for their injuries and damages.

For example, a security guard working at Argosy’s Alton Belle Casino  recently filed a Jones Act case because, according to the lawsuit, her employer failed to comply with the Jones Act by making her workplace safe and free from hazardous condition, which resulted in her injuries.

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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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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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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Our firm is currently prosecuting a Jones Act case against Capital Inland Marine and Kirby Inland Marine, two Texas-based towing and barge companies.

You can find website links for Kirby by clicking on www.kirbycorp.com.  Capital Inland Marine does not appear to have a website.

The injured party was working as a tankerman / deckhand for Capital Inland Marine.  The lawsuit alleges that he was severely injured when he fell in a dangerous area of the vessel he was working on.

We are looking for any information, documents, etc. regarding either Kirby Inland Marine or Capital Inland Marine relating to any dangerous conditions or injury-causing events on their vessels.

If you have such information and would like to share it, please contact Cathy at 713.224.7800.

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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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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 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.

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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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Two employees of Resolve Marine Group and its subsidiaries have filed suit against the company, claiming that the captain of one of the companies' boats ran the boat into a jetty, causing the men serious and permanent injuries.

The two men are claiming lost wages, pain and suffering, mental anguish, loss of enjoyment of life, and other damages and injuries.

The Jones Act provides some of the strongest legal protections for personal injury and damage.  For example, in this case, it appears as if an "allision" has occurred.  (An "allision" is a maritime term for striking a fixed object).

Under the Jones Act and general maritime law, when an allision occurs, and someone is hurt, the courts presume that the company was negligent.  This is different from land-based claims, in which the injured person almost always has to prove the company was at fault.

Protect Your Legal Rights

Injured offshore?  Interested in protecting your legal rights?  If so, feel free to call us for a free, no-obligation consulation about the Jones Act, general maritime law, and your case. 

Or, visit our websites to learn more about your legal rights and what we can do for you:

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

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A boiler explosion aboard the SS Norway which killed 8 crew members and injured 17 in 2003 has been determined to be due to the improper maintenance and inspection of the ship’s team chamber. The SS Norway was Norwegian Cruise Line’s only steam-powered ship, and was once the world’s largest passenger ship.

According to a report issued by the National Transportation Safety Board, NCL shipboard engineers were aware of the cracking of the boiler but did not take appropriate action.

If you have been injured at sea, feel free to call us to learn about your legal rights.

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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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Merry Christmas to all the offshore workers from www.themaritimelawyer.com and all the lawyers and employees of our law firm.

The offshore workers, including the oil rig workers, supply boat workers, blue water seamen and brown water seamen, tug operators, and all the other men and women who support and maintain our maritime industry provide some of the most important services this country ever receives.

We are honored and proud to represent so many men and women involved in the maritime industry and look forward to doing everything we can to provide the best legal services to the men and women involved in the maritime industry in the coming year. 

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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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In Norfolk Southern Railway Co. v. Sorrell, 127 S.Ct. 799 (2007), the Supreme Court held that the causation standard for an injured railroad worker's conduct (and presumably Jones Act seamen) is the same causation standard for the employer's conduct.

This opinion surprised some.  Many lawyers assumed that railroads, and Jones Act employers, generally had a higher burden because they generally had more control and knowledge than an injured railroad worker or Jones Act seaman.

While the Court did not say what the causation standard should be, a separate opinion by Souter, Scalia, and Alito suggested that is should be the same common law proximate cause standard.

The Norfolk Southern case, while not game-changing, certainly changes the causation standard perspective in FELA case (and, presumably, Jones Act cases case well.

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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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.

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.

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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On October 22, 2007, Carlos Guzman filed a Jones Act lawsuit  against CBH Services Inc. and Horizon Offshore Contractors Inc. in Jefferson County District Court.

Mr. Guzman claims that he hurt his back while moving a heavy ladder.  Mr. Guzman worked as a welder aboard "The Atlantic," a Horizon owned vessel.

Mr. Guzman's lawsuit claims more than $50,000 in damages.  Mr. Guzman sought out medical treatment shortly after the incident and continues to receive medical treatment from doctors and medical service providers.

According to Mr. Guzman, the defendants failed to provide a safe place to work, failed to provide safe tools and equipment, and failed to provide adequate supervision, among other things.

Back injuries are a common occurrence in the offshore industry.  Far too often, maritime workers are required to manually lift pieces of equipment that should not be lifted manually.  Faced with a choice of complying with the orders of the boss or losing a well-paying jobs, maritime workers often have no realistic choice.

Have you suffered a back injury or other serious injury offshore?

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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Houston, Texas

A tankerman employed by Kirby Inland Marine has filed a lawsuit against the company for personal injury damages.  The lawsuit is brought under the Jones Act and General Maritime Law.

According to the lawsuit, the injured employed was badly hurt as a result of unsafe equipment on a Kirby barge, including unsafe stairs and poor lighting.

The worker claims he qualifies as a Jones Act seaman and is entitled to maintenance and cure, negligence damages, and damages for the unseaworthiness of the vessel.

The worker has hired Brian Beckcom and his law firm, Vujasinovic & Beckcom, P.L.L.C. to represent him in his case.

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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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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Gene Ricks, a tugboat worker, is bring a case against his Moran Towing, his employer under theJones Act. 

Mr. Ricks claims that he is a Jones Act seaman.  He claim against Moran Towing is brought under the Jones Act and General Maritime Law. 

Mr. Ricks was working aboard the M/V Greg Turecamo when he was injured.  The M/V Greg Turecamo is a tugboat.  It was called out to rescue another tugboat.  During the rescue, the tugboats were tied together.  One the lines popped and caused severe injury to Mr. Ricks.

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, Articles, Injury, Jones Act, Lawsuit Moran, Lawyer, Maintenance and Cure, 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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Norweigian Cruse Lines Agrees to Settlement with Injured Worker

Press Release - October 2007, Houston, Texas

Norweigian Cruse Lines (NCL America) has agreed to settle a case filed by an injured worker.  The worker was injured while working aboard the Pride of America, a cruse ship stationed in Hawaii.

The employee injured his finger, arm, and neck while performing a life boat transfer operation.  He received a surgery on his finger and arm, and one of his treating doctors wrote a report stating that the worker needed surgery on his neck as well.  The injured Norweigian Cruse Lines employee incurred medical bills, lost wages, impairment, and pain and suffering.

The worker hired Brian Beckcom and the law firm of Vujasinovic & Beckcom, P.L.L.C. to handle his case.  A lawsuit was filed under the Jones Act and General Maritime Law to recoup medical bills, lost wages, maintenance and cure, impairment, and pain and suffering damages.

The case settled in October 2007.  It was filed in the 333rd District Court of Harris County, Texas.

According to Mr. Beckcom, "Norweigian Cruse Lines denied any responsibility to the injured worker and denied it was negligent or that it was responsible for any damages.  We were fortunate to be able to obtain a prompt and fair settlement of this case using the Jones Act and General Maritime Law."

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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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, o