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

Last week, a Houston Federal District Court jury returned a 1.2 million dollar verdict against New York based Penn Maritime in a Jones Act injury case.

The Jones Act seaman was injured while working on a Penn Maritime barge.  While cleaning the bulkhead, he slipped on a defective stool and injured his back and neck.  He brought claims for maintenance and cure, negligence, and unseaworthiness against Penn Maritime.

Penn Maritime denied all the allegations, refused to pay maintenance and cure, and claimed that the injured Jones Act seaman essentially made up the incident, even though he reported it immediately in accordance with all company policies and procedures.

Penn  Maritime did not offer a reasonable settlement, so the injured Jones Act seaman was forced to trial.

After a five day trial, the jury rejected Penn Martime's defenses and issued a 1.2 million dollar verdict, finding Penn Maritime 50% responsible for the incident.  The jury awarded full maintenance and cure as well as significant pain and suffering and economic damages.

The case was handled by Kurt Arnold, Jason Itkin, and Brian Beckcom.  To learn more about this case, please contact Kurt Arnold or Jason Itkin at Arnold & Itkin or Brian Beckcom at Vujasinovic & Beckcom, toll free 877.724.7800.

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    If you are injured offshore and qualify as a Jones Act seaman (you can read more about the Jones Act and Jones Act seaman status in other entries on this website), some employers will treat you honestly and fairly, provide independent medical advice and care, ensure that you recover from your injuries before requiring you to come back to work, and provide you and your family with appropriate payments while you recover from your injuries. 

    However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply aren't true, or are extremely misleading.  Almost every single Jones Act employer will have lawyers and insurance adjusters ready to provide them with advice.  Sometimes, they will attempt to get you to do takes actions that hurt your case and before you have the benefit of independent legal advice. 

    The following are some common tricks used by offshore employers that you should be aware of and that should cause "red flags" to come up:

1.  Injured Jones Act workers ARE NOT required to give a recorded statement. 

     The Jones Act does not require injured seamen to give a recorded statement to the employer or its insurance representatives.  While you should certainly report the accident immediately and in compliance with company procedures, you are simply not required to give a recorded statement.  If your employer or its insurance representatives tell you that you are required to give a recorded statement, you should be very suspicious.  In fact, the employer may try to get you to say things that may hurt your case later on.  And once it's recorded, you will have a lot of trouble later on if you were tricked into saying things you didn't mean. 

    Bottom line:  Be very careful about giving any recorded statement before you get independent legal advice.

2.  Injured Jones Act seamen ARE NOT required to sign any paperwork in exchange for getting medical benefits or maintenance payments. 

    Recently, some Jones Act employers have started requiring, or strongly suggesting, that injured seamen sign papers before they get medical benefits, maintenance, or "advances" on their personal injury settlements.  This is NOT required under the Jones Act.  And it is almost always a big mistake to sign such paperwork before consulting with independent, non-company affiliated lawyers. 

    Why is this a big mistake?  Because Jones Act employers often bury arbitration clauses or other language in this paperwork, and some courts have actually been enforcing these arbitrations clauses or waivers.  What does it mean to sign and be bound by an arbitration clause?  It means you may be forever giving up your right to a trial in Court, and instead, you may be agreeing to have your case heard by an arbitrator in a venue that is hand-picked by your employer.  Almost always a bad idea.

    If your employer requires you to sign paperwork after you're injured, you should STRONGLY consider having the paperwork reviewed by an independent, non-company affiliated lawyer to make absolutely sure you are not giving up important legal rights.

3.  Injured Jones Act seamen ARE NOT required to see company doctors. 

    Contrary to popular opinion, if you are injured offshore, you are not required to see only company-selected doctors.  You should pick a doctor who you like, with whom you are comfortable, and who treats you fairly and appropriately.   Unfortunately, some company-affiliated medical providers will try to force you back to work before you are ready, and will avoid performing tests that reveal the true extent of any possible injury.  Bottom line here is that you are allowed to select your own doctors.  If your Jones Act employer says you are required to go to company-selected doctors only, they are wrong.

4.  Injured Jones Act seamen ARE entitled to medical benefits and maintenance regardless of fault

    If you are injured offshore and qualify as a Jones Act seaman, you are entitled to medical benefits and maintenance (so-called "maintenance and cure") regardless of who was at fault.  Unless you were injured off the job, or you intentionally caused your own injuries, your Jones Act employer must pay maintenance and cure until you reach maximum medical improvement.  If your Jones Act employer tells you the injury was "your fault," or wasn't the fault of the employer, and therefore they are not required to pay your medical benefits and maintenance while you recover, they are wrong on this as well, and you should seek independent legal advice immediately to ensure that you get appropriate medical treatment.

5.  Injured Jones Act seamen ARE entitled to bring claims for negligence and unseaworthiness against their employer if they were injured due to the employer's fault or negligence

    Injured Jones Act seamen are entitled to maintenance and cure regardless of fault.  in addition to no-fault maintenance and cure, injured Jones Act seamen can bring negligence claims and unseaworthiness claims against their employer if the employer's fault caused the injuries, if the vessel or rig was "unseaworthy," or if the employer otherwise caused or even contributed to the injuries. 

    If you can prove negligence or unseaworthiness, you may be entitled to future medical care beyond maximum medical improvement, lost wages both past and future, and pain and suffering and mental anguish damages.  But in these situations, you must prove fault, unlike maintenance and cure, which is no-fault.

    Some Jones Act or maritime employers may tell you that maintenance and cure is all you get.  Don't listen to this nonsense.  If there is negligence or fault, the law says you have a right to bring a negligence or unseaworthiness cause of action under the Jones Act, if you are a seaman.

    Conclusion

    The five issues above are just a few examples of commonly misunderstood legal issues arising in Jones Act injury cases.  There are many more common tactics and misunderstandings that are listed above.  I will continue to update this website with more examples as appropriate, so make sure to check back often for updates on these and other important Jones Act and maritime law topics.

    In the meantime, trust your own common sense.  If you are a Jones Act seaman and are injured offshore, and something just doesn't "smell right," it probably isn't.  If you see red flags or something happens that causes you to be suspicious, you should strongly consider getting a free consultation from an experienced Jones Act attorney.  Most competent Jones Act attorneys will give you a no-charge free consultation and let you know whether your Jones Act employer is trying to trick you or not.  When things don't "seem right," they usually aren't.  Trust your gut.

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Injured seamen are entitled to maintenance, cure and unearned wages.  However, some Jones Act employers refuse to pay maintenance, cure and/or unearned wages.

Injured seamen can bring claims beyond the traditional worker's compensation remedies.  Specifically, injured seamen are entitled to payment for related medical treatment, payment of compensation during their period of disability, and payment of unearned wages.  In addition to these worker's compensation-type remedies, injured seamen can also bring negligence claims and unseaworthiness claims against their employer.

The rest of this post explains the entitlement to maintenance and cure and unearned wages in more detail:

Entitlement to Maintenance and Cure Generally

A seamen's employer is responsible for paying maintenance and cure for an injury or illness that occurs in the course and scope of an injured seaman's employment.  This is a centuries-old obligation and arises from the employment relationship between the injured seaman and his or her employer.  The obligation to pay maintenance and cure arises irrespective of fault or negligence.

A seaman is also entitled to unearned wages from his employer until he or she is fit for duty or they are no longer disabled.

The right to "Maintenance."

Maintenance is designed to compensate an injured seaman for room and board he would have received on the vessel had he or she not been injured.

Generally, maintenance payments range between $15 - $40 per day.  Many lawyers for injured seaman have argued for higher maintenance payments, but courts have not been particularly receptive to this argument.

The obligation to pay maintenance continues until the seaman reaches "maximum medical improvement," which is defined as the point at which all future medical care is "palliative" in nature only.

The right to "Cure."

Cure means medical treatment.  Like maintenance, cure is not dependent on negligence or fault.  A seamen is entitled to cure until he reaches maximum medical improvement.  Injured seamen must mitigate their medical expenses to the extent possible, but the seaman's employer bears the burden to prove that medical expenses are excessive or unreasonable or unnecessary.

The right to "Unearned Wages."

Seamen are entitled to wages they would have earned had they not been injured.  For example, if a seaman is injured at the beginning of his or her work on an offshore mobile drilling rig or a ship, he or she will be entitled to what they would have been paid had the injury not occurred.

The right to maintenance and cure should be resolved in favor of injured seaman.
 
The law on a seaman's entitlement to maintenance and cure is well-settled.  Courts have consistenly held that all doubts or ambiguities with respect to entitlement to maintenance and cure should be resolved in favor of the injured seaman. 

If an employer wrongfully or willfully denies maintenance and cure, they may be required to pay an injured seaman's attorney fees for obtaining maintenance and cure.

Conclusion.

Injured seaman are entitled to maintenance, cure, and unearned wages regardless of fault or negligence if they are injured or contract an illness while in the service of a ship.  However, some employers refuse to provide maintenance, cure, and unearned wages.  This is unfortunate but all too common.

Like any maritime dispute, an injured seaman should consider consulting an experienced maritime lawyer if his or her employer wrongfully refuses to live up to their maintenance, cure, and unearned wages.

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The San Antonio Court of Appeals recently issued a unanimous opinion affirming a $1,585,000.00 jury verdict in a Jones Act case.  The opinion is styled Weeks Marine, Inc. v. Salinas.

Salinas worked for Weeks Marine, a dredging company, as a mate.  He worked on the M/V BTD II, a dredge boat.  While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back.  He was hurt while lifting two 45 pound batteries.  He was required to carry these batteries from the yard across two gangways.   He was hurt as he stepped from one of the gangways.

The jury found that Salinas was a Jones Act seaman, that Weeks Marine was negligent, that the M/V BTD II was unseaworthy, and issued a verdict of $1,585,000.00, which the trial court reduced to $1,109,500.00.

Weeks Marine appealed.  It claimed that Salinas was not a Jones Act seaman, that the vessel wasn't unseaworthy, and that the evidence of future economic loss was insufficient to support the jury's findings. 

The Court rejected all of Weeks' appellate points, and rightfully so.  Perhaps more importantly, the Court of Appeals also reinstated part of the jury's verdict that the trial court had reduced based on Salinas' contributory negligence.  The Court reasoned that Weeks Marine never requested an additional instruction "inquiring about whether despite the unseaworthy condition, Salinas was contributorily negligence with regard to the injuries he suffered as a result of the unseaworthy condition."  In other words, Weeks Marine waived its contributory negligence defense.

This opinion is a straightforward discussion of seaman status, Jones Act negligence, and unseaworthiness, and re-affirms the legal standards in Jones Act and unseaworthiness claims, as well as the evidence sufficient to support such findings.

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If you are someone you know is injured offshore or near a navigable body of water, there may be a legal claim for damages under the Jones Act, General Maritime Law, the Longshore & Harbor Worker's Compensation Act (LWCHA), or other state or federal laws.  However, the procedural and substantive law governing maritime legal claims is very different from the law governing onshore injuries.

You need to be sure you don't run aground during your legal voyage.  Here are five helpful tips for workers with offshore injury claims.

1.  If you are considering hiring a lawyer, the very first thing you should do is ensure your lawyer has experience handling maritime injury or Jones Act claims.  Simply put, most lawyers don't handle these claims on a regular basis.  If you were having heart problems, you wouldn't seek help from a knee doctor, would you?  Of course not.  You'd find a heart doctor.  The same is true of lawyers.  If you have a maritime claim, you should talk to a maritime lawyer, not a tax lawyer or estate lawyer or other lawyer who doesn't regularly handle maritime injury claims.

2.  You need to know that the law governing maritime injury and Jones Act cases is entirely different than land-based claims.  The location of the worksite and the nature of the work being performed may have a substantial impact on the types of claims you can bring.  An experienced maritime lawyer should be able to tell you what laws govern your case.   Don't rely on your brother's uncle 's cousin who got in a truck wreck to tell you what your case is worth.  Jones Act and maritime injury claims are simply different than other types of claims.

3.  If you are injured offshore, DO NOT assume that you'll be covered by worker's compensation insurance.  In fact, many offshore injuries are NOT covered by worker's compensation insurance.  Even though you may not get worker's compensation coverage, however, if you're a Jones Act seaman, or a Longshoreman, you may get medical bills paid and wage replacement under the Jones Act or the Longshore & Harbor Worker's Compensation Act.  Although different legal rules govern these claims, they are similar to worker's compensation statutes in some respects. 

4.  If you're injured offshore and are covered under the Jones Act, you will likely get more legal remedies than other injured workers.  For instance, you have a claim for maintenance and cure (see the post on maintenance and cure on this website), Jones Act "negligence," and unseaworthiness (see related posts below).  You may also have third-party negligence clams under General Maritime Law if someone other than your employer was at fault. 

5.  Although you should report your injury as soon as possible, it's generally NOT a good idea to give written or recorded statements to company agents or officials until you've obtained legal help.  The reason is because the company's agents or insurance representatives may try to trick you into saying something that hurts your case.  It is much easier to avoid this problem upfront than try to explain it later on during your legal proceedings.  The companies all have experienced lawyers advising them on their rights--you should too.

For more information about the Jones Act and maritime law, see the related posts in this website, below.  Or call 877-724-7800 for a free initial consultation.

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We are lawyers who represent injured Jones Act seamen, injured maritime workers, and their families.  We provide the full range of legal services and all lawyers in the firm are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.  We represent clients in Houston, the Gulf Coast, across Texas, the southwest, across the United States and around the world. 

To learn more about our lawyers, our people, and our track record, visit our main website at www.vbattorneys.com. 

We have or are currently representing clients in the following types of Jones Act and maritime injury cases:

• All Jones Act claims
• Offshore Oil Rig Accidents
• Longshoremen
• Dredge Workers
• Stationary Production Rig Workers
• Tug Boat Workers
• Cruise Ship Workers and Passengers
• Shrimp Boat Workers
• Fishermen
• Trawlers
• Tankers
• Crew Boats
• Ferriers
• Water Taxis
• Spar Platforms
• Jack-up rig workers
• General Maritime Workers
• Casino Boat Workers
• Container Boat Workers
• Pilots
• Barge workers
• Galleyhands
• Offshore Caterers
• Captains
• Relief Captains
• Tankermen

We represent individuals and their family members.  We do not represent or defend maritime employers, insurance carriers, or Jones Act employers.

All cases are handled on a contingency fee basis, which means you pay nothing unless we win your case.

More About the Jones Act, General Maritime Law, the Longshore & Harbor Worker's Compensation Act, and Admiralty Law

People are confused by the laws that govern offshore injury claims.  Even most lawyers aren't experienced in these types of claims.  For example, offshore oil rig workers are often surprised to learn that they may be covered under the Jones Act.  Dredge workers are also surprised to find that they may have Jones Act claims.  Casino workers, dive boat workers and divers, fishermen, and offshore oil field workers often don't know that they have certain legal remedies available if and when they are injured.  And offshore workers generally are surprised to learn that many times, they are not lmited to worker's compensation benefits--they may have much better legal options under the Jones Act, General Maritime Law, Admiralty Law, or the LHWCA.

From the very beginning, our firm was founded with maritime workers in mind.  We know that Jones Act workers, maritime workers, and others in the offshore industry work in sometimes work dangerous conditions.  The law governing these claims may entitle offshore workers to significantly higher settlements than land-based worker's compensation claimants.  

If you work on any sort of floating vessel or platform, you are likely covered under the Jones Act or general maritime law.  Don't simply assume that worker's compensation is all you get until you've talked with an experienced offshore attorney.  Don't let your employer  trick you.  Don't let the insurance company fool you.  Don't let a company affiliated doctor give you legal advice.  Call Vujasinovic & Beckcom and let us tell you, free of charge, whether you have a claim other than worker's compensation.  Let us explain your rights.  Let us help you in your time of need.  Arm yourself with information.  Then and only then can you can make an informed decision about what to do.

Jones Act settlements can be substantial.  But the law is complicated.  You can probably get a small settlement on your own.  But if you want the best medical treatment and a fair settlement that will provide appropriate financial security for you and your family, talk to one of our attorneys.  We will speak to you free of charge.  Our toll free number is 877.724.7800.  You can also visit our main website at www.vbattorneys.com to learn more about our firm and our results.

Don't select the first lawyer you know.  Just like doctors don't all perform heart surgery or brain surgery, all lawyers do not handle Jones Act cases, general maritime law cases, or offshore injury cases.  Some lawyers with Jones Act experience may in fact be connected to or affilated with shipowners or offshore employers.  Our firm has never represented offshore companies.  We represent only offshore workers.

We will give you a free consultation and let you know whether you have a claim, what type of claim you have, and what you should do to ensure you have a shot at a fair settlement. 

Maybe best of all, if you hire our firm to help you with your claim, one of the firm's founding partners (not a legal assistant or junior lawyer) will take the lead on your case from start to finish and will be available to you whenever you need advice or assistance with your claim. 

Your physical and financial health is too important to trust with an insurance company or an inexperienced lawyer.  Your employer and the insurance companies get the best lawyers they can find.  You should too.  You and your family deserve the best legal representation possible--nothing less.

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