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

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Many workers are exposed to hazardous chemicals or other substances like benzene, asbestos, chlorine, cleaning solvents, etc. as part of their maritime work on vessels, ships, jack-up rigs, oil rigs, and other maritime equipment.

For instance, recently, a worker who was exposed to benzene over the course of his 20 years as a seaman developed non-Hodgkins lymphoma.  The seaman claims that 18 of his former employers were negligent and has sued them under the Jones Act for his damages.

One of the defendants includes Kirby Inland Marine, a defendant our law firm has sued before on behalf of injured seamen.

So, what are your legal rights if you are exposed to benzene, asbestos, or other toxic substances and chemicals offshore?

If you are a Jones Act "seaman," then you can file your case under the Jones Act (see our other articles on the Jones Act on this website.)

If you are not a Jones Act "seaman," then it gets more complicated.

You may have rights under the Longshore & Harbor Worker's Compensation Act.

Under some circumstances you may also have rights to bring a products liability lawsuit claim against the manufacturer of the toxic substance you were exposed to.

Or, your case may fall under the General Maritime Law or the Outer Continental Shelf Lands Act (OCSLA).

The bottom line is if you were exposed to benzene, asbestos, or some other toxic chemical or substance while involved in maritime work, you probably have legal rights.  However, those rights can be taken away if you do not act quickly to enforce them.

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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Houston and Galveston have two of the busiest ports in the country for cruise ship business.  Most of the major cruise ship companies make port in Galveston or the Port of Houston, or both.

Cruise ship vacations can be great fun.  However, too often, injuries occur on cruise ships that were preventable.

If you are injured on a cruise ship, you have legal remedies.  Your case most likely falls under "maritime law," so you will want to hire an experience maritime attorney to review your case.

In the meantime, there are two broad catergories of "maritime law" that apply to your case if you are hurt on a cruise ship.  Your legal remedies will depend on what you were doing on the cruise ship when you were hurt.

1.  Cruise ship employees

If you were employed by the cruise ship and working on the ship when you got hurt, then you are most likely a Jones Act "seaman" (or seamwoman). 

That means you are entitled to claim a monetary recovery under the Jones Act for any injuries you sustain, your medical care, you lost wages (both past and future), as well as your human damages like pain and suffering, mental anguish, and other simliar claims.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

2.  Cruise ship passengers

If you were a passenger on a cruise ship, then you are probably entitled to recover for your injuries under "General Maritime Law." 

General maritime law is not as favorable as the Jones Act.

However, you can probably still make a monetary recovery if you can prove that the cruise ship, or one of its employees, failed to exercise reasonable care for the safety of the passengers. 

Cruise lines owe a duty to exercise reasonable care for the safety of the passengers as well as reasonable care under all the circumstances.

3.  Conclusion

Our firm regularly handles cruise ship injury claims.  We have represented both cruise line passengers as well as cruise line employees.  We have handled cases against most of the major cruise lines.

If you have been injured in a cruise line accident, we would be happy to assist you in your claim.

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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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.

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According to a story posted on BenGlassLaw.com, some major disability carriers are basically defrauding claimants.

At least one insurance company is sending 1099s to people with whom it settled in the previous year.  One major company is even telling the IRS that the settlements are taxable benefits. 

This is false.  If you receive disability benefits and paid the policy premiums, any benefits are not taxable.

Even though the major insurance company admits that it knows the settlements are not taxable, it is sending the 1099s to the IRS anyway.

This is pure fraud by this company.  It also means that the disabled person will spend time and money fixing the mistake.

These insurance company tactics should be stopped in their tracks immediately so people who are already disabled aren't forced to spend any more time and money messing with the insurance company or its mistakes.

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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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Jones Act Cases in Texas State Court After HB 1602

Brian Beckcom
Vujasinovic & Beckcom, L.L.P.
1001 Texas Avenue, Suite 1020
Houston, Texas 77002
(713) 224-7800
Brian@vbattorneys.com
www.vbattorneys.com

I.    Introduction

    On May 24, 2007, a sea change occurred in Texas state court Jones Act cases.  On that day, Governor Rick Perry signed HB 1602.   HB 1602 dramatically alters the special venue statute that applies to Texas Jones Act seamen. 

    Before HB 1602, Jones Act seamen and FELA railroad workers who lived in Texas when they were injured were allowed to file their FELA or Jones Act lawsuits in the county where they “resided” when they were injured.   The advantages for injured seamen and railroad workers were many, including local juries, local doctors, the ability to stay close the their family during trial, and the many other advantages inherent in local venues.

     HB 1602 modifies the venue options for Jones Act seamen and eliminates the home county option is some cases.  Before filing a Jones Act personal injury lawsuit, the prudent practitioner will be well advised to study HB 1602 and consider all the various venue options before filing a Jones Act lawsuit.  This paper summarizes and analyzes the changes HB 1602 brings to Jones Act cases in Texas state courts. 

A.    HB 1602 - Background

    The impetus behind HB 1602 was a perceived increase in Jones Act filings in four South Texas counties against dredging companies, in particular two out-of-state dredge companies, Great Lakes and Weeks Marine.  The dredge companies, with the backing of the anti-civil justice group Texans for Lawsuit Reform, attempted at first to eliminate the home county as a venue option for all Texas-based Jones Act seamen and FELA railroad workers.  The original version of the bill would have forced the vast majority of Texas-resident Jones Act seamen and FELA railroad workers to file suit in their employers’ home county.

    Recognizing the unfairness of the original bill, HB 1602 represents a compromise reached after many months of negotiation.  HB 1602 makes Harris County and Galveston County permissible venues for some out-of-state Jones Act cases, regardless of where the plaintiff lived in when he or she was injured.  HB 1602 provides special venue protections for dredge companies.  It allows the dredge companies to hire workers from South Texas (and other Texas counties) but prevents the dredge companies from being sued in those counties. 

    Finally, the venue option for FELA railroad workers was left untouched.

II.  HB 1602 Analysis

A.    FELA railroad workers

    Before HB 1602, FELA railroad workers and Jones Act seaman were treated the same for venue purposes.  The precursor to HB 1602 would have treated FELA railroad workers and Jones Act seamen the same by repealing CPRC 15.018 (the special venue statute) in its entirety.  The modified final version, HB 1602, carves out FELA railroad workers and separates them from Jones Act seamen.  As a result, FELA workers can still file in their home county, as well as the county where the incident occurred or the county where the defendant maintains its principal place of business in Texas.

    In summary, FELA railroad workers are unaffected by the modified, passed version of HB 1602.

B.    Jones Act – Non-dredge workers

    HB 1602 applies only to lawsuits filed under the Jones Act.  It contains a general venue rule then engrafts special venue rules for certain kinds of Jones Act cases, based on the type of work being performed by the injured employee or the locale of the injury.

    (i)    HB 1602 – General Venue Provision for Jones Act   cases  
  
     Under the general venue provisions of HB 1602, injured Jones Act seamen have two venue options from which to choose:
   
    (1) the county where the defendant’s principal office is located in the state;     or
   
    (2) the county where the plaintiff resided at the time the cause of action accrued.
   
    Under the general Jones Act venue statute, for example, an offshore oil rig worker who qualifies as a Jones Act seaman, injured in the Gulf of Mexico, can file in his home county or in the defendant’s home county in Texas.  A sailor injured on the high seas can also still file in his home county, or in the defendant’s home county if the defendant maintains a principal office in Texas.
   
    (ii)    Jones Act – Texas-based inland injuries and dredge worker injuries
   
    The Jones Act venue options are different for inland injuries, onshore injuries, or dredge worker injuries in Texas.  If all or a substantial part of the events or omissions giving rise to the claim occurred in Texas inland waters, onshore in Texas, or during the course of an “erosion response project in Texas,” there are two venue options:
   
    (1)    file in the county in which all or a substantial part of the events giving rise to the claim occurred; or
   
    (2)    file in the defendant’s principal office in the state.

    As a result of this first exception, a dredge worker injured in the Port of Houston must file in Harris County or in the county where the employer’s principal office in Texas is located.  A Jones Act seaman injured in transit to his job can file in the county where he was injured, or in the county where the employer’s principal office in Texas is located.
 
    (iii)    Jones Act – Out-of-state inland injuries and dredge  worker injuries occurring outside of Texas
   
    There is yet another exception for injuries occurring inland outside of Texas, shore-based injuries occuring outside of Texas, or dredging-type injuries in “Gulf Coast” states.
   
    If the injury occurs in any inland waters anywhere other than Texas, or onshore or during an erosion response project in a “Gulf Coast state,” then the injured Jones Act seamen has four venue options:
   
    (1)    the defendant’s principal office in the state if such office is in a  “coastal county”;
   
    (2)    Harris County (Houston) if the plaintiff lived anywhere other than Galveston when the cause of action accrued;
   
    (3)    Galveston unless the plaintiff lived in Harris County; or
   
    (4)    if the defendant does not have a principal office in a Texas coastal county, then where the plaintiff lived when the cause of action accrued.

    “Gulf Coast” states are defined as Texas, Louisiana, Alabama, Mississippi, and Florida. A “Coastal county” is defined as a county having a U.S. Customs port through which waterborne freight is transported.  “Coastal erosion project” and “erosion response project” are also defined.  Basically, erosion projects are dredging projects.

    As a result of this exception, a Dallas-based Texas resident injured on the Mississippi river could file in Harris or Galveston county, in the employer’s home county in Texas if one exists along the coast, or if not, in Dallas.  A Galveston-based Texas resident under the same facts loses the Harris County option.  Houston-based Texas residents lose the Galveston option.

C.    HB 1602 – Practical effects

    In addition to adding to the complexity of the venue analysis in Jones Act cases, perhaps the most dramatic change resulting from HB 1602 is the likely increase in Jones Act filings in Harris and Galveston state courts.

    Both Harris and Galveston counties are now viable venues for out-of-state injuries that occur in inland waters or ashore or during Gulf Coast dredging projects.  Formerly, a worker injured outside of Texas under these circumstances could file in their home county.  That option has been eliminated. 

    As a natural result of the changes in Jones Act venue options, expect to see increased Jones Act filings in Harris and Galveston state courts.  

    The other significant effect of HB 1602 is to Jones Act seamen injured in Texas waterways or doing dredging work in Texas.  Essentially, workers injured in Texas waterways or on a Texas dredging project, regardless of where they lived when injured, will lose the option of filing suit where they lived when injured.

    For example, a dredge worker injured while performing dredging work in the Port of Houston who lived in El Paso when he was injured will be required to file his suit in Harris County or where the dredging company has its principal office in Texas (assuming the company has a principal office in Texas). 

    As a practical matter, this will force some dredge workers to travel long distances for their lawsuit and will increase the costs of litigation to both the employee and employer.
     
    For more on this and other Jones Act and maritime law topics, please review this website or visit the firm's main website at www.vbattorneys.com.

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At Vujasinovic & Beckcom, our law firm represents oil and gas workers who have been injured in the Gulf of Mexico, the Atlantic and Pacific, and across the world in various oil and gas operations.  We also represent the family members of those oil and gas workers killed during their offshore employment.  (To learn more about your legal rights, feel free to visit our main website at www.vbattorneys.com or call us with your questions.).

Some of the most frequent types of injuries include injuries on Jack-up drilling rigs and oil platforms, boating and vessel injuries, diver injuries, and helicopter injuries. 

There are four very important things you must know if you were injured offshore working with an oil and gas company or in a supporting role:

1.  Most lawyers do not have any experience at all representing offshore oil and gas workers.  These claims are highly specialized, complicated, and expensive.  You need to make certain that the lawyer you hire has experience with these types of claims.

2.  Your claim may fall under one of four different legal remedies.  They are the Jones Act, General Maritime Law, Longshore & Harbor Worker's Compensation Act, and the Outer Continental Shelf Land's Act.  Each set of laws is very different and it takes an experienced offshore lawyer to help you navigate your way to the best possible recovery.

3.  You are generally entitled to medical care if you are injured offshore in the oil and gas fields, regardless of who was at fault.  And you aren't necessarily required to go to company doctors.

4.  If you suffered a serious injury, you may be entitled to appropriate and fair compensation.  And unlike many state-based laws where the compensation is completely inadquate (like worker's compensation), offshore oil and gas injury claims generally entitle prevailing party to much more reasonable and fair compensation.

For more information, you can contact our law firm by visiting our main website, www.vbattorneys.com.

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