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

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

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

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

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

Maintenance and cure is not enough

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

Maintenance and cure is a minimal payment

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

Wrongful termination

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

Protecting your finances and your job

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

Fortunately, the answer to the first question is YES.

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

Taking care of your financial needs during the lawsuit process

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

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

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I was injured on an offshore oil platform.  What are my legal rights?

We see these kind of cases frequently.  Unfortunately, there is no quick and easy answer to your question.

An offshore platform differs from an offshore rig because most of the time, the rig can be moved from place to place while the platform is fixed permanently to the ocean floor.

This distinction can make a big difference in your legal rights. 

If you are hurt while working on a movable oil rig, you may have rights under the Jones Act, a federal law that can be favorable to injured workers.

On the other hand, if you are hurt on an offshore platform, things get complicated quickly.  You may be a Longshoreman, entitled only to benefits under the Longshore & Harbor Worker's Compensation Act.

Or you may have legal claims against third parties if they caused your injury under "General Maritime Law." 

Oil platform injuries can be very complicated from a legal standpoint.  If you are hurt on an offshore oil platform, you should strongly consider seeking independent legal advice from an attorney who specializes in these kinds of cases.

Want to know more about maritime injury cases? 

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

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

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

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

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

2.  What is the Jones Act?

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

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

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to know more about maritime injury cases? 

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

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

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

2.  What is the Jones Act?

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

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

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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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.

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

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

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

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

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

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

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

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

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

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

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

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