I was injured on the job in a maritime accident and it was my fault. Now what?

Everyone makes mistakes. But what if that mistake causes you to injure yourself? Even worse, what if that mistake causes you to injure yourself at work?

Will you be out of a job? Will you be entitled to medical benefits?

 

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.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

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.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

 

I was injured on the job in a maritime accident and it was my fault. Now what?

Everyone makes mistakes. But what if that mistake causes you to injure yourself? Even worse, what if that mistake causes you to injure yourself at work?

Will you be out of a job? Will you be entitled to medical benefits?

 

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.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

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.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

 

If you are injured on the job in a maritime accident are you required to see company doctors?

Suffering an injury on the job in a maritime accident is tough enough. Trying to figure out how to handle all of the specifics of the claim can be even worse.

Then you are told that you can’t see your own family doctor – you are required to see the company doctors.

 

Regardless of who tells you that company doctors must treat you, it is not true.

 

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.

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

 

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

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.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Fatal boating accident takes life of three Houston-area men

A maritime injury took the life of three Houston-area residents early yesterday morning after their fishing boat collided with a barge southwest of New Orleans, according to the Houston Chronicle. The fatal boating accident also caused two Lousiana residents to lose their lives.

Apparently the 24-foot fishing boat became pinned under a part of the barge after impact. The Chronicle also reported that Captain Samuel Martin believes that the fatal boating accident victims died from the injuries they received during impact, and did not suffer death by drowning.

Vujasinovic & Beckcom, P.L.L.C. extends their condolences to the families of all of the fatal boating accident victims.

 

Jones Act and Maritime injury lawyer Brian Beckcom: Don't sign accident report unless it is accurate

Accident reports are a very important part of the documentation needed to prove a maritime injury accident case. The most important part of an accident report, however, is making sure that it is accurate.

The fourth tip on what to do if you are injured in an accident at sea is to sign the accident report ONLY IF you are satisfied that it is complete and accurate. Make sure that all of the dates, names, and descriptions are correct. Also make sure that you are correctly quoted, and that witness statements are complete.

If the accident report is incomplete or inaccurate, don't sign it until it is. Order your free copy of The Insider's Guide to Winning Your Maritime Injury Case written by Jones Act and maritime injury lawyer Brain Beckcom today to learn what to do if you are ever injured at sea

 

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

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.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Jones Act and Maritime accident lawyer Brain Beckcom recommends reporting maritime accident injuries immediately

Suffering an injury at sea can be a scary and devastating experience. That devastation mixed with the uncertainty on how to handle the aftermath can cause confusion and frustration to a whole family.

That is why it is important to remember the second step to take after a maritime accident. Report the maritime accident to the appropriate supervisor as soon as possible after an injury accident at sea.

This means requesting an accident report form and filling it out, including statements from all witnesses and any of those involved in the maritime accident. Make sure to get all witnesses name, fill out all important and pertinent information, including where the maritime accident happened, when it happened, who was there, etc.

Remember that this information will be used in litigation if the case goes to court; so make sure to be as detailed as possible.

Jones Act Lawsuit Filed Against Megafleet Towing Company

An injured dredge worker has hired our law firm to pursue his legal claims against Megafleet Towing Company.

Our client is a Jones Act seaman.  That means he needed a Jones Act lawyer to assert his rights under the Jones Act and general maritime law.

Our client was injured on-the-job.  The company fired him a short time later, telling him that they "did not have a position for him any more."

We are pursuing claims under the Jones Act, General Maritime law, and maintenance and cure.

The case is being handled by maritime lawyer Brian Beckcom and Curtis Bickers at our law firm.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?
3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury
6.  What is a Longshoreman and What Are Their Legal Rights When Injured?
7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act
8.  The Truth About Offshore Injury Claims.
9.  What Should You Do If You Are Injured Offshore
10.  What you should know if you were hurt offshore and your employer is giving you a hard time
11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?
13.  What happens when you file a Jones Act lawsuit.
14.  6 Critical Things you must know if you are injured at sea
15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

 

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.texasinjuryaccidentlawyer.com

 

About our law firm

 

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

 

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Will I get fired or "blackballed" if I file a lawsuit or pursue a legal claim after being injured offshore?

One of the most common questions our clients have when they first call is whether they will get fired for pursuing a legal claim or whether they will be "blackballed" or blacklisted by other offshore companies for pursuing their legal rights.

Will I get fired if I assert my legal rights?

Whether you get fired is typically completely up to the company you work for.  Some companies will completely understand that you have a legal rights if you are hurt offshore and won't hold that against you.  These companies typically have insurance policies that will pay for your medical bills, lost wages, and pain and suffering.

Other companies, however, will fire you once you've asserted a legal claim. 

In some situations, the company will be real nice to you after you are hurt on the job, take care of you for a while, then once it's too late to bring a legal claim against the company, they fire you.  Then you're in a real bad situation.

Another trick is to hire a company doctor to say you are ready to return to work even if you aren't, then, when you can't return or do the job because of your injuries, the company fires you or claims you "walked off the job" or "quit."

Will I get blackballed or blacklisted in the industry?

Lately, I have received this question a lot.  Offshore workers are worried about whether they will ever be able to get a job in the industry again if they file a legal claim.  "Blackballing" or "blacklisting" is a term that means your name is circulated and if you try to find a job you can't.

The short answer to this question is that you almost certainly will not get blacklisted if you assert a legal claim, with two caveats.

First, if your claim is frivolous, without merit, or exaggerated, then that information may be passed around.  Our firm does  not take these kinds of claims, and we don't have many clients who ask us to take these kinds of claims, but if you don't know whether your case fits into the "frivolous" category, we will be happy to tell you.

The other situation where you may get "blacklisted" is if you have a long history of filing lawsuits against companies you work for.  Most people don't have a long history of lawsuits, and if they do, that typically indicates they are either very unlucky or that they are too eager to sue.  Either way, this kind of thing may get you blacklisted.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

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.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Jones Act case - How do I know if I am hiring the best lawyer for my case?

We represent a lot of workers and families in Jones Act and maritime injury and accident cases.  Unfortunately, some of those workers come to us when it is too late to help them get the best possible recovery.

Why?  All too often, it is because the worker or his family hired an attorney who doesn't know how to properly and swiftly handle a Jones Act or maritime injury case.  Sometimes, I see cases where the injured worker hired and attorney who didn't return calls, didn't do anything on the case, and got the case in a position where it is very difficult to obtain the best possible settlement.

Jones Act and maritime injury cases are specialized types of cases.  Most attorneys do not handle a single such case in their entire career.

The bottom line is that you want to hire an attorney who has experience handling Jones Act and Maritime injury and accident cases.

Here is a list of 7 questions you should ask any attorney you are considering hiring for your Jones Act or maritime injury case:

1.  How many Jones Act or maritime injury cases have you personally handled in your legal career?

2.  How many cases have you won?  How many have you lost?

3.  Are you board-certified in any legal speciality?  If so, what speciality?

4.  How long does it typically take you to get your clients a settlement?  How long do you think my case will take to settle?

5.  Have you ever published any books or articles on the Jones Act or maritime law?

6.  What is the settlement value of my case?

7.  Will a partner handle my case or will you give it to an associate?

You should get good, honest, straightforward answers to these questions before you hire someone to represent you in your case. 

Good luck.

Jones Act or Maritime accident or injury case?

The maritime accident and injury lawyers at our law firm are dedicated to providing seaman worldwide with the best possible representation.  Our goal is go obtain the best possible settlement in the shortest amount of time.

If you have a maritime accident or injury case, before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read the list of articles below.

If you are really and truly interested in learning about what goes on "behind the scenes" in a Jones Act or maritime injury case, read Mr. Beckcom's book "Insider's Guide to winning your Maritime Injury Case"

List of helpful articles

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, 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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

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.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

The rights of seaman to medical care and living expenses

The Injured Seaman's Right to Maintenance and Cure

If you are a seaman and are injured in the course of your employment, you have certain rights under federal law and the Jones Act.  

One of the most important rights is the right to "maintenance and cure."  When an accident occurs while the seaman is engaged in duty aboard the vessel, he is entitled to medical benefits (called "cure") and living expenses (called "maintenance").

Medical Benefits

Medical benefits include: hospitialization, medication, access to medical equipment, payment for physical therapy, a doctor who is conveniently located near you (if possible, access to specialists if your injury requires a specialist, any other necessary and reasonable medical care.

Your employer is required to make these payments if you are hurt in the course of your employment.  Period.

Daily living expenses

An injured worker is also entitled to payments for daily living expenses such as the following:

Food and grocery bills, utility bills, other reasonable living expenses;

Jones Act employers don't always follow the law

 

Unfortunately, in many cases, the seaman's employer will refuse to follow the law.  For example, we currently represent a number of seaman who are badly injured and cannot work.  Nevertheless, their employers refuse to provide for their medical care and treatment.  One of our main goals in these cases is to get the employer to pay what they owe to our clients.

Negotiating for these benefits without a skilled and knowledgeable maritime lawyer can be difficult.  The employee may not know the employer's responsibility under the law or the Jones Act employer may try to trick the seaman out of his or her benefits.

This is one area where an experienced maritime lawyer can help.  An experienced maritime lawyer can ensure that the Jones Act employer does not unfairly trick the seaman out of benefits that are due under the law.

Maritime injury case?

The maritime accident and injury lawyers at our law firm are dedicated to providing seaman worldwide with the best possible representation.  Our goal is go obtain the best possible settlement in the shortest amount of time.

If you have a maritime accident or injury case, before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Ferry injury case leads to important decision protecting passenger rights

Two years ago, the Long Island Ferry crashed, resulting in 70 injuries and 11 deaths.  New York City, the operator and owner of the ferry, sought to limit its liability for the passenger injury and death cases by invoking the Limitation of Liability Act.

The Limitation of Liability Act would have limited the entire settlement money available to all passengers and their family members to the value of the ferry, truly an unfair and unjust result.

The trial court refused to apply the act, and the Second Circuit affirmed.

All in all, a very good decision for the families and injured passengers as well as for other family members or people injured in the maritime context.

This case is called In re City of N.Y., 2008 WL 817945 (2nd Cir. Mar. 27, 2008).

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Jones Act case for injured deckhand leads to large settlement

A 24-year old worker who was training to be a deckhand was assigned to a couple of barges while working for Material Services Corp.  The barges seperated as the deckhand was moving from one to the other, causing his right leg to slip into the gap between the two barges.  The barges then came together, crushing his leg.

The worker's past medical costs were $516,000, past lost income was $42,000, and he claimed $2,000,000.00 in future medical costs and $600,000.00 in future wage lost.

The worker sued under the Jones Act, alleging that the company failed to provide a safe workplace, proper equipment, and training.

The company denied fault, claiming that it was the young worker's fault that his leg was crushed.

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Injured deckhand settles back injured case against employer, Galveston Bay Construction

We are pleased to announce that one of our clients, a deckhand for an offshore tug and construction company, has settled his case against the company for a substantial amount of money.

Our client was working as a deckhand on a pushboat.  He was injured when a hand rail on the push knee of the boat broke as he was using the hand rail to disembark from the boat.  When the hand rail broke, our client fell some 5 feet to the deck, severely injuring his back.

After several months of medical treatment including physical therapy and pain medication, our client was not better.  His board-certified orthopedic surgeon recommend a back fusion surgery.

The company refused to pay for or approve the surgery.  We filed a Jones Act lawsuit on our client's behalf.http://www.eastcoastmarineservices.com/images/Push_Boat_web.jpg

After we developed the evidence in the case and finished our investigation, the company agreed to pay a substantial confidential settlement and also agreed to pay for the necessary surgery.

The settlement was substantial enough that the company insisted that it be confidential.

Congratulations to our client.

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Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Injured cook settles case against Transocean and Art Catering

We are pleased to announce another settlement for one of our maritime clients.

Our client, a 55 year old cook, was employed by a company called Art CateringArt Catering contracts with offshhttp://www.npd.no/NR/rdonlyres/C226B622-9BC7-4381-A810-D9946EB0BDCB/0/TOSearcher.jpgore oil and gas companies, and operators, to provide catering and janitorial services.

Our client was injured when she slipped and fell on grease that had accumulated in the galley (kitchen) of an offshore jack-up rig owned and operated by Transocean, the largest offshore oil and gas drilling contractor.

Our client injured her head, back, and neck.  She needed surgery and was unable to work.  Art Catering and Transocean refused to help her.  We filed a case on her behalf under the Jones Act.

One month before the case was scheduled to go to Court, the companies offered to pay our client a substantial settlement. 

The settlement will allow her to get the surgery she needs, will replace her lost wages, and provides compensation for her pain and suffering and mental anguish.

*******************************************************************************

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

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.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

14.  6 Critical Things you must know if you are injured at sea

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

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

I was injured on a cruise ship - What are my legal rights?

As Jones Act and maritime law attorneys, we are often asked about the law governing cruise ships

Broadly speaking, thttp://cisatbloggers.cisat.jmu.edu/jordanae/photos/cruise_ship.jpghere are two types of injuries on a cruise ship.  

1.  Crewmember injuries;

2.  Passenger injuries;

The law is different for each category.  For instance, crewmembers who are injured on the vessel are generally Jones Act seamen and are permitted to sue under the Jones Act. 

 

For passengers, general maritime law will probably apply, and depending on what kind of cruise ship it is, and the type of ticket you purchased, there may be a very short time to file your case and your choice of "venue" (where you file the lawsuit) may be extremely limited.

Finding an attorney who sues cruise ships is not easy because the vast, vast majority of attorneys have never helped and will never help a client with a case against a cruise ship.

If you were injured on a cruise ship, whether you are a crewmember or a passenger, please take some time to read our book on maritime injury cases and read this website and some of the articles below before hiring legal counsel.

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.  We are based in Houston, Texas.  We represent offshore workers all over the world.

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.

 

Exxon Valdez case - Punitive damages allowed under maritime law

The United States Supreme Court issued its long-awaited decision in the Exxon Valdez oil spill case.
The image


You can read the Court's opinion by clicking here.

Once again siding with big business over the rights of individuals and families, the Court sliced down the punitive damage award from $2.5 billion dollars to $500 million dollars.

Setting aside the fact that $500 million represents less than one day of profit for Exxon Mobil, and the fact that the Court basically just made up a number out of thin air, and the fact that the punitive damage award, while large, is a drop in the bucket for Exxon, the Court once again shows a disturbing lack of confidence in the ability of American citizens to serve on juries, listen to evidence, and reach decisions.

Essentially, 8 lawyers from Washington D.C., most of whom have never actually tried a lawsuit themselves, and none of whom has any real idea what the Valdez spill did to thousands of Alaskan families and citizens, have once again substituted their judgment for the jurors and judges who actually heard the evidence in the case and reached a decision. 

The silver lining

The silver lining in the case is that the justices, perhaps unwittingly, seem to have recognized that punitive damages are recoverable in maritime law. 

For decades, most lawyers who represent Jones Act seaman and injured maritime workers have been under the impression that punitive damages were most likely not available in these types of cases.

What this has meant, as a practical matter, is that maritime defendants could treat the injured workers as poorly as they wanted, be as unsafe as they wanted, and avoid any sort of responsibility or threat of punitive damages.

The Exxon Valdez case seems to take away that defense.  Which is very helpful for injured workers, and, suprisingly from this Court, not quite as helpful to big business and insurance companies.

What do you think about the Exxon Valdez case?  Did the Court get it right?  Or should the Court defer to the jurors who actually heard the evidence and rendered a verdict?

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.  We are based in Houston, Texas.  We represent offshore workers all over the world.

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.

Jones Act injury case against Waterman Steamship

Our law firm has been hired by an injured deckhand to prosecute his Jones Act claims against Waterman Steamship

According to its website, Waterman is a "deep sea ocean carrier" operating U.S. flag vessels in liner service and time charter between the USA and Middle East ports. 

Our client was injured severely while working for the company.   In his lawsuit, he seeks damages for medical bills, lost past and future wages, pain and suffering disfigurement, and mental anguish.

The case is pending in Madisonville, Texas, where our client lived when he was hurt.  He was hurt on the Stephen Pless, a vessel docked in Saipan.

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.  We are based in Houston, Texas.  We represent offshore workers all over the world.

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.

Oil Platform Injury Cases

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.

I was exposed to benzene, asbestos, or another toxic substance as part of my maritime work - What are my legal rights?

Thank you for your question:

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.

New Longshore and Harbor Worker's case against Noble Drilling protects injured worker's rights

The United States Court of Appeals for the Fifth Circuit recently released an opinion that helps to provide legal protection to Longshore and Harbor Worker's who are injured on the job.

The injured worker, Mark McLaurin, was working in Friede Goldman's shipyard as a scaffold carpenter on the CLYDE BOUDREAUX, a vessel owned by Noble Drilling.

Mr. McLaurin was injured during this work.

Mr. McLaurin sued Noble Drilling, claiming that Noble was negligent. 

The trial court threw out the case, claiming that the Longshore and Harbor Worker's Compensation Act barred state law claims against Noble.

The Fifth Circuit disagreed, holding the simply because the worker didn't have a 905(b) case against the vessel did not mean the worker was barred from bringing state law claims.

You can read the full opinion here.

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.

Injured in the Gulf of Mexico - What law applies to your case?

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.









5th Circuit upholds $1.2 million dollar Jones Act verdict against Penn Maritime

Last year, a Houston federal jury returned a $1.2 million dollar verdict in favor of one of our firm's clients against his Jones Act employer, Penn Maritime

Penn Maritime appealed to the Fifth Circuit.

The case was argued on Monday, June 2, 2008 in New Orleans.  On Thursday, June 5, 2008, in a per curiam opinion, the Court upheld every part of the jury's verdict in favor of our firm's client, while reforming the interest calculation.

Congratulations to Arnold & Itkin, our co-counsel, along with appellate counsel at Beck, Redden & Secrest.

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.

Injured Halliburton welder / mechanic obtains settlement for back injury claims

Our law firm was hired by a Halliburton Energy Services employee to represent him after he suffered a serious back injury while working offshore.

The worker was a mechanic / welder.  He and three other Halliburton workers were working on a jack-up rig owned by Rowan Companies.

They were doing welding work and had called a specialist welding company called Cajun Cutters in to assist.  The welder Cajun Cutters sent to assist did not do his job properly, and as a result, our client suffered a severe back injury.

Our client incurred more than $150,000.00 in medical bills and lost wages. 

We were able to obtain a settlement for him valued at more than $500,000.00 in net recovery to him (complete waiver of the lien and more than $350,000.00 in his pocket.

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.

Injured worker sues D&S Marine Services for injuries sustained at work

We get called by injured offshore workers all the time.  Some of them have good cases, some of them don't. 

We were recently retained by a young man working on the DANIEL C, a boat owned and operated by D&S Marine Services out of Louisiana.  Our client was badly injured while working for D&S.

Our investigation reveals that our client was hurt because of the negligence of D&S Marine Services as well as the unseaworthiness of the DANIEL C.

If you have any information about D&S Marine Services, the DANIEL C, or any of the other vessels in the fleet, or acts of negligence by the company, please call us toll free at 877.724.7800.

Or you can contact us by submitting contact information onto this website.

To learn more about maritime cases or the Jones Act, please visit our other websites,  www.maritimeaccidentattorney.comwww.maritimeaccidentattorneys.com or www.vbattorneys.com.


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.

If you are injured on a cruise ship, you have legal rights

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.

We are pleased to announce the coming publication of The Complete Guide to Jones Act & Maritime Injury Claims

We are pleased to announce the coming publication of a new book written exclusively for people injured offshore.

The working title of the book is "The Complete Guide to Jones Act and Maritime Injury Claims." 

We anticipate the book will be published and ready for shipment in late June or early July 2008.

This is a book that the offshore employers, cruise ship companies, and the insurance companies DO NOT want you to read. 

Why?

Because we expose their tricks and secrets and defenses and provide real, practical advice for winning your injury case.

Stand-by for more details.

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.

Injured worker sues CleanBlast, Transocean Offshore, and GlobalSantaFe for injuries sustained offshore

Another injured offshore worker recently hired our firm to represent him in his offshore injury case.

Our client was hurt while working offshore on the Adriatic III, an offshore 350 foot jack-up rig currently the Gulf of Mexico. 

He was injured while working for CleanBlast, an offshore services company, while working on the jack-up rig owned and operated by GlobalSantaFe Drilling Company and Transocean Offshore.

We filed our client's lawsuit in Galveston, Texas under the Jones Act and General Maritime law.  He seeks damages for loss of income, medical expenses, future loss of income and future medical expenses, pain and suffering, mental anguish, and costs of court, among other things.

Have you been injured on a jack-up rig or while working for GlobalSantaFe, Transocean, or CleanBlast?

If so, we would be interested in hearing your story.  In many injury cases that happen on jack-up rigs or offshore, the offshore companies will claim it was a "freak accident" that never happened before or that the accident was all the injured worker's fault. 

If you know otherwise, please call our offices toll free at 877.724.7800.  Or use the contact form on this website to send us an email.

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.

Five mistakes that can sink your Jones Act or offshore injury case

Our firm receives a lot of calls from workers in the offshore injuries.  We also receive a lot of calls from lawyers with clients who were hurt offshore. 

Often, these lawyers have never handled an offshore injury or wrongful death case and want our advice or want us to accept a case they have been working on.

We are happy to help.  However, it is always much better to call us soon after your injury or accident claim. 

Why?  Because if you don't, you may accidentally do something to sink your case before it even gets started. 

We see the same mistakes again and again.  They are easy to avoid.  But if you've never been in the situation before, you may not even know you are making a mistake before it's already made.

Here are five common mistakes that can sink your offshore injury claim:

1.  Not reporting your accident immediately. 

If you don't report your accident, the company will claim it didn't happen and basically call you a liar.  It is especially important to report your accident immediately if there were no witnesses.

2.  Giving the company or insurance people a written or recorded statement before you talk to a lawyer.

If you are hurt, the company (or its insurance people) will try to get you to give a tape-recorded statement or to sign a written statement.  DON'T DO IT!.  The company (and its insurance people) are experts at tricking you into saying something that may haunt you later on.

It is, however, okay to give a brief description on the company accident report.

3.  Not seeking medical care immediately.

Again, if you do not seek medical care immediately and try to "tough it out" instead, the company will claim that you're making up the injury later.  If you think there is any chance you were hurt, seek good medical care.

4.  Hiding past accidents from your lawyer


Many offshore workers have suffered more than one accident because the nature of the work is so dangerous.  You need to let your lawyer know about your other injuries.  If you don't, and you are caught in a lie, it will destroy your credibility and damage your case severely.

If you are honest, however, most of the time previous injuries are not that big of a deal.

5.  Hiring a lawyer who has never handled a Jones Act or maritime injury case

Don't hire the first lawyer you talk to!  Don't hire a lawyer just because a friend recommends him or her.  Don't hire a lawyer because that lawyer shouts the loudest or has the most commercials.

Hire a lawyer you like, who deals with you openly and honestly, and most important, hire a lawyer who actually has experience handling cases like yours.

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.







I was injured on an offshore jack-up rig or platform - what legal rights do I have?

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.






Back and neck injuries at sea or working on vessels or offshore oil rigs

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. 

Reporting your offshore injury

Reporting your injury in a timely fashion is one of the most important things you can do if you are injured offshore. 

Initially, you may think your injury is not serious.  However, if the injury turns out to be serious, your company, and its insurance company, may later claim that you weren't hurt or aren't hurt as bad as you claim if there is no report of the accident.

Any accident involving any injury, no matter how minor, should be reported immediately.  The right thing to do, and what most companies expect, is that you will tell them when you are injured.  You should make a truthful report.  You should not exagerate your injuries and you should not minimize them either.  You should make sure that you identify any witnesses and any possible reasons for the accident.

The company should then get the proper and timely medical care you need.  If they don't, consider consulting with an experienced Jones Act or maritime lawyer.  They can usually make arrangements for you to get proper medical care.

Companies do not like employees who make up injuries or employees who fail to report injuries timely.  Simply put, the best policy is to always report any accident or injury when it happens, whether you think it is serious or not.

We have had cases involving serious back, neck, shoulder, or other injuries that did not at first seem as serious as they turned out to be.  Not reporting your injury can really hurt your case.

Also, not reporting your injury immediately can delay medical care, which can then make the situation even worse for all involved. 

You may think that you will look better to the company if you don't report your injury or if you just try to "tough it out."  This is almost never true.  And any company that holds it against you for reporting an accident or injury is not following industry standards and policies or good common sense.

No matter where you live, we can help you if the company does not let you report your injury or accident or doesn't complete a proper report and do a full investigation.  If you run into a situation where the company is not handling your accident or injury claim the right way, feel free to call us for help and advice.

Preventing slip and fall injuries offshore - The importance of using non-skid surfaces on floors, ladders, and stairs

Any ship, rig, barge, or boat owner who doesn't use non-skid or non-slip coatings or surfaces whether workers walking (any walking or working surface) is not living up to his responsibility to protect workers on the vessel from injury.

Maritime work can be some of the most rewarding types of employment you can find, both personally and financially.  Maritime work can involve working on a jack-up oil rig in the Gulf of Mexico, a transport vessel plying the open oceans,  working barges in the intercoastal waterways or Mississippi River, or anything else involving working on the rivers or open seas. 

But maritime work can be hazardous if the ship or barge owners do not take proper precautions to protect employee safety.

One of the more common causes of injuries on boats, barges, offshore oil rigs, and other floating vessels involves slips and falls. 

Since maritime work necessarily involves working over, near, in, or around water, the walking and working surfaces get wet.  And that means slippery conditions.  Plus, the stairways and ladders on boats and rigs are often in tight quarters and very steep, making them even more potentially dangerous.

Slips and falls can result in extremely serious injuries.  Broken bones, back and neck injuries, knee, shoulder or elbow injuries, and even serious head injuries can result from slips and falls.

How do you protect yourself?

First, always try to be aware of where you are working and walking.  Keep floors and other walking and working surfaces free of debris, water, grease and other slippery substances.  Clean up spills as soon as they occur.

More important, perhaps, the captain or vessel owner should ensure that all walking and working surfaces are coated with some sort of non-slip or non-skid materials.  Anyone who works offshore knows that it is impossible to keep the surfaces clean of debris or slippery substances 100% of the time.  That's why it's so important for the shipowners to coat the walking surfaces with non-slip materials.

Any ship or vessel owner who doesn't maintain properly non-slip walking or working surfaces is not keeping the vessel properly maintained and could be liable under the Jones Act to any worker who is injured as a result.


I was injured offshore and I want to negotiate with the company myself without hiring an attorney. What's the best way to negotiate an offshore injury case?

The first suggestion would be not to negotiate the case yourself if it involves a serious injury, significant time away from work, or otherwise involves more than just a minor injury or a few days away from work.

Why?  Because you will be entering a war zone.  The company will have experienced insurance adjusters, insurance investigators, and lawyers working "behind the scenes" to try to make your case worth as little money as possible.  They know the "tricks" that can hurt your case and they will use them on you with a smile on their face so you won't even see it coming until it's too late.

The insurance adjusters, investigators, and lawyers for the company make their living negotiating cases like yours.  This will not be their first time to negotiate a case or the last. 

If your case is serious, you should strongly consider consulting with a Jones Act or maritime law attorney.  At the very least, you should try to talk to such an attorney (or, better yet, talk to a few of them) before deciding whether to try to negotiate your case yourself.  Most of the time, such attorneys will give you a free initial consultation.

If your case is a smaller one, involving minor injuries or just a few days away from work, then negotiating yourself may be more efficient and effective.  Here are some "tips" for negotiating these small cases yourself:

1.  Get a copy of the accident report;
2.  Gather together all of your medical records and bills;
3.  Ask to take statements from all witnesses;
4.  Type up a letter to the insurance company, include the accident report, medical records and bills, and witness statements.  In the letter, set forth your opening "demand" (your first settlement number) by multiplying your medical bills and lost wages by some factor you think is fair;
5.  Give the company a deadline by which to respond.  If they do not respond by the deadline, you know they are not serious about your case.

Good luck.

Barge Worker Brings Jones Act Injury Case Against Teco Barge Lines

A barge worker who was working on a Teco Barge Line vessel on the Mississippi River has filed a Jones Act case against his employer for his injuries.

According to the lawsuit, the worker suffered serious and permanent hip injuries in March 2006.  He claims that the company failed to provide him with safe equipment, proper assistance, and competent supervision.  The worker claims damages for lost wages, human damages like pain and suffereing, and medical expenses.

Comment from Texas Jones Act and Maritime Lawyer Brian Beckcom:

If you are a "seaman" as that term is defined in the Jones Act, your employer is REQUIRED to pay your medical bills until you reach "maximum medical improvement" and also is REQUIRED to pay your "maintenance," which is a daily monetary amount that is supposed to provide for your living and lodging and food expenses while you recuperate from your injuries.

If you are an offshore worker who is a Jones Act "seaman," and your employer is NOT paying your medical bills or maintenance, they are not following the law. 

Insurance Company Liable For $9 Million Dollars After Cancelling Health Insurance Policy for Cancer Patient

Last week, Health Net, Inc., a health insurance company, was found liable to one of its policyholders for cancelling a cancer patient's health insurance policy while the patient was undergoing treatment.

The decision prompted Health Net to announce that they are scrapping present and future cancelation plans.

The decisionmaker, Sam Cianchetti, a retired Los Angeles County judge, found that Health Net had violated numerous state law in canceling Pasty Bates' policy.  He called the company's actions "despicable."

The trial also revealed that Health Net tied employee bonuses to the number of policies cancelled.  The retired judge called the bonus program reprehensible.

What does this decision mean for Texas policyholders or Texas accident and injury victims who have been mistreated by the insurance companies?

Unfortunately, not much.  In the past 10 years or so, Texas lawmakers and Texas courts have passed laws and issued decisions that protect insurance companies over policyholders.  It is still very difficult in Texas to sue an insurance company directly and win.  And even if you win, the laws make it difficult to survive an appeal.

If you are interested in protecting policyholders over insurance companies, the only way to make that happen is for your representatives to pass laws removing some of the protections provided to the insurance companies.  Call your state representative and bring this to their attention.



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

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

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

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

You can read the full article by clicking here.

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

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

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

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

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

What do you think?  Feel free to comment below.



Disability Insurance Companies Defrauding Claimants

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.

Paralyzed Worker Obtains Settlement in Construction Accident Case

According to reports, a worker for New Port Building and Construction obtained a $1.47 million dollar settlement after he was paralyzed while working at the company president's personal residence.

The insurance company discovered after the accident that the injured worker had not filled out the proper insurance forms before the accident.

One of the most important things consumers must remember when purchasing insurance is to be honest and forthright on the application and to fill it out completely.  Do not fail to list information you think may increase your premium slightly or leave out requested information.  If you do, you run the risk of losing coverage for a later accident or covered claim.

Lawsuit Filed Against Blessey Marine for Wrongful Death of Seaman

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

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

What is the Jones Act?

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

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

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

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

I was injured offshore and the insurance company wants me to give a recorded statement - What should I do?

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.

Merry Christmas to all the offshore workers!

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. 

How to Choose the Best Lawyer for Your Maritime or Jones Act Case

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



Warning to Injured Offshore Workers - DO NOT SIGN ARBITRATION AGREEMENTS

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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What Damages Are Recoverable in a Death on the High Seas Case?

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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Injured Jones Act Seaman Sues CBH Services and Horizon Offshore For Back Injuries

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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Kirby Inland Marine Injury Lawsuit Filed By Injured Worker

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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Man Injured on Norweigian Cruise Line Ship

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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Injured Worker Brings Tugboat Injury Claim Against Moran Towing

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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Injured Worker Brings Lawsuit Against Beacon Maritime and Murphy Oil

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 Liens Settles Jones Act Case Filed By Injured Employee

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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Global Industries Offshore Settles Jones Act Case Brought by Injured Rigger

Global Industries Offshore has agreed to settle a Jones Act case recently.  The case was brought by a rigger who was injured on the Global REM Commander dive vessel.  The rigger was injured when a defective chain binder failed, striking him violently in the face, shattering his teeth and gums, and injuring his neck.

The rigger hired Brian Beckcom of Vujasinovic & Beckcom, a Houston-based maritime and Jones Act law firm, to handle his case.  After one year of work, the case was settled for a significant confidential amount.

According to the injured seaman's attorney, Brian Beckcom, the case was complicated by the fact that Global Offshore claimed that the rigger was not a Jones Act seaman, destroyed or lost the defective chain binder after the accident, and blamed at least three other companies for the rigger's injuries.

"This case demonstrates that Jones Act cases need experienced Jones Act attorneys.  The case was complicated from a legal and factual standpoint.  We are glad that our client was able to secure a substantial settlement despite all the obstacles Global Offshore's lawyers threw up to try to avoid responsibility to him."

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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Jones Act Seaman Settles Case

Seaman Jacob Robichaux settled his Jones Act case against the Midnight Rider vessel, Helix International Energy Solutions Group, Cal Div Internaional and Mariner Energy.  The settlement occurred on September 8 and it is confidential.

Robichaux was employed by Helix Energy Solutions as a crewmember on the Midnight Rider.  While working, he injured his head, back, and neck.  He claimed the vessel was unseaworthy and that the defendants were negligent.  He brought his claims under the Jones Act.

Robichaux sought $5 million dollars in his lawsuit.  His damages included lost wages, medical expenses, pain, suffering, impairment and other related expenses. 

Read more about the case by clicking here.

Injured Offshore?

Have you been injured offshore?  If you are looking for an attorney to represent you, call the lawyers at Vujasinovic & Beckcom, P.L.L.C.   All the lawyers are board certified injury specialists with extensive knowledge regarding offshore injuries, the Jones Act, and maritime law.

To read more about the firm, visit its main website at www.vbattorneys.com or its dedicated maritime website at www.maritimeaccidentattorney.com.

Injured Tankerman Sues Grifco Transportation Under Jones Act

Tankerman was injured while using a crossover hose on a Grifco barge

Press Release - For immediate release - September 2007

Houston, Texas - A tankerman employed by Grifco Transportation, has brought claims of negligence, unseaworthiness, and for recovery of maintenance and cure against Grifco Transportation, a barge company based in Texas.  The claims are brought under the Jones Act and General Maritime Law.

The injured tankerman claims that he was severely manipulating a cross-over hose on one of Grifco's vessels.  Before being injured on the job, he was an able-bodied seaman with no significant prior injuries.  He is now completely unable to perform his duties as a tankerman and has lost wages, both past and future.  He has received surgery.

The tankerman hired Brian Beckcom and Vuk Vujasinovic at Vujasinovic & Beckcom, P.L.L.C. to handle his Jones Act case.  Mr. Beckcom reports that "most maritime employers are good to their workers and treat safety as the most important part of any job.  However, unfortunately, some employers cut corners on safety and don't treat their workers right after they are injured." 

The case is pending in Neuces County, Corpus Christi, Texas.

About the firm

Vujasinovic & Beckcom, P.L.L.C. is a full service personal injury law firm.  The firm handles cases in Texas and nationwide.  Because of its reputation for success, the firm is often hired by injured offshore workers and their families to handle serious injury and death cases.

You can read more about the law firm by clicking www.vbattorneys.com or by visiting their maritime website, www.maritimeaccidentattorney.com.

Maritime Injury Law & The Jones Act

Maritime Injury law & The Jones Act

Part 1 - The Jones Act

(Part 1 of a 5 Part Series on Maritime Injury and the Jones Act)

Offshore workers face particulary high risks of on-the-job-injury.  Seaman working offshore live a life that is completely different in many respects from those working onshore.  Seaman and offshore workers spends days, weeks, and even months at a time away from their families, away from medical help, and on the open ocean or other large bodies of water.

Fortunately, the law recognizes the special contributions, and special dangers, faced by maritime workers.

This is a brief discussion of the Jones Act and is the first in a five part series discussing maritime injuries and the Jones Act.

The Jones Act

The Jones Act permits injured seaman to seek money damages for on the job injuries.  As any seaman knows, working offshore can be very dangerous.  The Jones Act appreciates this fact, and Jones Act employers may be responsble for any negligence or unseaworthiness of their vessl.

Injured seamen also get maintenance and cure, which is payment for medical treatment and a small daily allowance for living expenses, even if there is no negligence, as a long as the injury occurred in the course and scope of the seaman's employment.

Injured seaman may recover past medical expenses, and future medical expenses, loss of income (both past and into the future), mental anguish, disfigurement, pain and suffering, loss of enjoyment of life, and impairment.

Jones Act settlements can be very high.  However, without experienced, expert legal help, an injured Jones Act seaman may get messed around by his employer and not get a reasonable and fair settlement, or, indeed, any settlement at all.

About the Authoer

Brian Beckcom is a Houston-based attorney who is board certified in personal injury trial law by the Texas Board of Legal Specialization.  Mr. Beckcom and his firm handle serious personal injury and wrongful death cases in Texas and across the nation.  The firm has an active docket of maritime injury and death cases as well as Jones Act cases.  Mr. Beckcom is a recognized expert in Jones Act and maritime law cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com or its dedicated maritime and Jones Act website, www.maritimeaccidentattorney.com

Or call the firm toll free at 877.724.7800.  Mr. Beckcom gives free legal consultations to injured offshore workers.

 

Worker sues Diamond Offshore for exposure to hazardous chemicals

Press Release - For Immediate Release

Houston, Texas - September 9, 2007

The Houston-based law firm of Vujasinovic & Beckcom, P.L.L.C. has been hired to represent a long-time worker of Diamond Offshore for claims of personal injury under the Jones Act. 

The claim alleges that the worker was exposed to extremely hazardous chemicals without any personal protective gear.   As a result, the worker is no longer able to work in the sun due to extreme photosensitivity.

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 its dedicated maritime and Jones Act website, www.maritimeaccidentattorney.com


Or call the firm toll free at 877.724.7800.

 

Vujasinovic & Beckcom Announce New Maritime Law Website

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.

The test for "seaman status" under the Jones Act

We are often asked by potential clients whether they are considered "seaman" under the Jones Act.

The Seaman Status Test Under the Jones Act

Generally, to be a "seaman" under the Jones Act, an injured offshore worker must prove three things:

1.  A relatively permanent connection to a vessel or identifiable group of vessels;

2.  The vessels must be "in navigation."  (This DOES NOT mean the vessel must be moving.)

3.  The injured worker's duties must contribute to the mission or function of the vessel.  (This is defined very broadly).

Courts look at all three factors, and look at the totality of the worker's duties and connection to the vessel.  Courts are also not allowed to look only at the specific work being done at the time of the injury.  Instead, they look at the entire employment history.

People who serve on freighters, tugboats / towboats, crew boats, tankers, jack-up rigs, semi-submersibles, supply boats, lay barges, barges, fishing boats, and crew boats who are members of the crew are considered to be seamen under the Jones Act.

Those who work on fixed platforms and longshoremen are not Jones Act seamen.  That doesn't mean don't have any remedies.  They just can't file a Jones Act case.


We can help you with your Jones Act case today

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about the firm, the experience of the lawyers at the firm, and past case results (Keep in mind that each case has its own facts and circumstances.  Past results are no indication of the value or results for your case or any other case.)

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. 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, insurance disputes, and business disputes.

Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Offshore Injury Attorney - What kind of cases do you accept?

Do you accept only certain types of cases?  Will you take my case?

We get these questions a lot.

We receive a lot of calls from clients asking for us to take their case.  Unfortunately, we can take only a small number of the cases we review.  We are very selective about the cases and clients we accept.  There are two main reasons. 

First, every case is handled personally from start to finish by one of our board-certified personal injury specialists.  Unlike at some firms, at our firm, you and your case get hands-on, personal attention from one of the firm's founding partners.

Because we give cases personal attention, we want to make sure to limit which cases we accept so we can dedicate the right amount of time to your cases.

Second, we only accept serious injury or death cases.  We have years of experience handling these types of cases.  We know how to handle these cases, how to settle them for a fair and reasonable amount, and how to take serious cases to trial and win, if necessary.

So, What Kinds of Cases Will You Accept?

We handle maritime personal injury and wrongful death cases involving offshore drilling rig accidents, supply, utility and crew boats, dredge boat accidents, fishing boat accidents, construction barge accidents, commercial diving accidents, and helicopter accidents, as well as in the area of railroad injury and death involving railroad workers (FELA claims), and railroad crossing accidents.

We also handle cases for people seriously injured in motorcycle accident or truck accidents.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about the firm, the experience of the lawyers at the firm, and past case results (Keep in mind that each case has its own facts and circumstances.  Past results are no indication of the value or results for your case or any other case.)

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. 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, insurance disputes, and business disputes.

Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Filing a Jones Act lawsuit

I was injured at sea.  How do I file a Jones Act lawsuit?

We appreciate this question and get it a lot.

1.    Hire an experienced Jones Act lawyer

The first thing you should do is interview some experienced Jones Act lawyers and find a lawyer, and a law firm, that you are comfortable with.  Most lawyers don't do Jones Act work and haven't handled many (or any) Jones Act cases.  You should consider interviewing lawyers until you find one you are sure has the experience and resources to handle your case properly.

2.    Gather all documentation you have about your case

You should gather all the medical information, the accident report, and correspondence from the company, any pictures of your or the accident, and anything else that may have any bearing on your case.  You should also make a list of witnesses that can tell the jury or judge what happened.

All of this information may be important to your case.

3.    Make sure you are getting proper medical care

Actually, this is probably the most important part of your case, not only from a legal standpoint, but also from a personal and medical standpoint.  You are not required to go to company doctors.  You can select doctors with whom you are comfortable.  An experienced Jones Act lawyer can help you with this process.

4.    Do not give any written or recorded statements until you've spoken with a good lawyer. 

You aren't required to give written or recorded statements to company representatives or the insurance company (although you should try to comply with the company accident reporting procedures and make sure you report the accident). 

Sometimes, if you give a recorded statement without the assistance and advice of a company lawyer, the company representatives or insurance people may trick you into saying something that hurts your case.

5.    Prepare yourself for a fight.

In most Jones Act cases, the company will not just pay you a fair and reasonable settlement immediately.  Your lawyer will need to gather all the evidence, including medical records and bills, file your lawsuit, and maybe take sworn "depositions" from appropriate witnesses.  In some cases, you will need an expert witness (or even more than one) to help evaluate the responsibility issues as well as your medical treatment and bills and lost wages.

This takes time and it takes a lawyer willing to fight for you.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about the firm, the experience of the lawyers at the firm, and past case results (Each case has its own facts and circumstances.  Past results are no indication of the value or results for your case or any other case.)

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. 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, insurance disputes, and business disputes.

Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

I injured my back on an offshore drilling rig. Am I entitled to compensation?

Thanks very much for submitting this question.

The answer is yes, under many circumstances.  However, you will want to talk with an experienced maritime lawyer about your legal options. 

Why?  Because offshore drilling rig accidents can be very, very complex.  Think of it this way--if you had heart troubles, would you visit with a foot doctor?  Of course not.  You'd visit with a heart specialist. 

The same thing goes for lawyers.  Most lawyer don't know much about offshore drilling rig cases.  Most lawyers have never handled one.  So make sure you talk to a lawyer who has handled offshore drilling rig cases.

There are a number of different legal issues that arise in the offshore drilling rig case.  First, what is your legal "status?"  Are you a Jones Act seaman?  A longshoreman?  A shore-based worker who just happens to be on the rig when injured?  Are you a passenger?  A supervisor? 

All of these questions will be important to ask in evaluating your claims.  You want a lawyer who knows the answer to these questions.

You'll also want to know how to get proper medical care.  Can you see your own doctor, or are you required to go to a company-approved doctor?  Back injuries can be serious and even career-threatening or ending--you want to make sure you get the best treatment possible, as soon as possible.  Often an maritime lawyer can help facilitate this process.

Finally, you'll want to know what your case is worth.  You should read the entry on this website regarding what offshore injury settlements are worth to help guide you on the right road to a full personal, medical, and legal recovery.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

You can also visit his firm's main website, www.vbattorneys.com, to learn more about his practice, his experience, and his firm's case results.

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. 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.

Texas Attorney Exposes The Truth About Offshore Injury Cases

Press Release

Houston, Texas July 2007

Recently, there has been a huge uptick in the offshore oil business as a result of skyrocketing prices.  As a result, more workers are needed, more workers go offshore, and more oil is retrieved from the Gulf of Mexico and other offshore locations.

But, unfortunately, more injuries and deaths have occurred as a result

Texas Injury Attorney Brian Beckcom, who handles offshore injury case of all kinds, has decided to help offshore injury workers navigate through the complex sea of maritime law by publishing "The Maritime Lawyer," a website devoted exclusively to offshore injury matters.  He also offers free telephone consulations to injured offshore workers to discuss their case.

There are literally hundreds of different questions offshore workers and their families need answers to when they are injured. 

Offshore workers who suffer injury want to know:

1.  How will my medical bills be paid?
2.  Am I required to go to company doctors (the answer may surprise you);
3.  Am I required to return to work even if I don't feel like I am ready?
4.  Do I have to "sign forms" or give the company insurance person a recorded statement?
5.  What is my case worth?
6.  If the company offers a quick settlement, should I take it?
7.  Will I get "blackballed" if I hire a lawyer or file a claim?
8.  What happens if I can't go back to work?

Offshore companies often want to close out the case before the injured worker has a chance to get solid, personal legal advice from an experienced lawyer who represents injured workers. 

Or, the companies want the workers to come back to work after the company doctor says they should return to work, even if the worker isn't well or ready to return to work.

You don't have to go back to work and risk your health and safety if you are not ready.  In fact, you may be putting your health at risk, or the health and safety of other workers at risk.

Every case is different, and it is impossible to determine the answers to your specific case without consulting with an experienced offshore injury lawyer.

That's why Mr. Beckcom offers free, no-obligation consultations to injured offshore workers and their families.  This allows injured workers to "level the playing field" and obtain important legal information and advice about their claims before it's too late.

If you are injured offshore, 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.

To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800.  There is no cost for an initial consultation, and no obligation to move forward with a case.

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. 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.


Offshore Injury Settlements - What You Should Expect

One of the most commonly asked questions I get from our offshore client's is "What is my case worth, and when should I expect to settle it?"

There are a number of factors that determine what your case is worth, and how quickly it settles.

Offshore Injury Settlements - What Is An Offshore Injury Case Worth?

The settlement or jury verdict amount for an offshore injury case depends on large number of factors.  First, the seriousness of the injury itself.  For instance, is the injury something that will keep you out of work forever?  For a year?  For a month?  Not at all?  These questions must be answered by experts trained to evaluate such things, and obviously, the more serious the injury, the higher (in general) the settlement value.

Another factors is whether you have a Jones Act case, a General Maritime Law case, a Longshore & Harbor Worker's Compensation Act case, an Outer Continental Shelf Land's Act case, or some other kind of cases.  In general, Jones Act cases are valued more highly because the law (in general) is better than most other laws.  But this is not always true and depends on the facts of each individual case.

Another fact is where the injury happened and where you file it.  Some places are better to file a lawsuit than others--some places tend to be more pro-business and anti-injured employee, while others are more pro-injured employee and less pro-business.  Offshore injury claims have extremely complicated venue rules about where you can file your case--you MUST talk to an experienced offshore injury lawyer to make this determination.

There are a lot of other things to consider when determining the value of an offshore injury settlement or jury verdict, including:

--How good is your lawyer?  How experienced?  Can your lawyer actually win at trial?  Does your lawyer have the resources to take on large offshore companies?
--How good is the defense lawyer?  How experienced?  Can the defense lawyer actually try a case?
--How clear is the "liability", or, to put it another way, how clear is it about who was at fault?
--Were any safety regulations violated?  By whom?  How serious were the violations?
--Has any employee been injured in the same way, or by the same equipment, before?
--Were there pre-accident warnings?

The list goes on and on.  This is just a sample of the many things that an experienced offshore injury lawyer can help you evaluate.






When Will I Get My Settlement or My Court Date?

This completely depends on the Court you are in, how hard your lawyer fights for you, and how hard the company's lawyer tries to delay the case.

Generally, we try to settle cases or try them to a jury or judge within 1 year from the first interview with you.  We do not try to "negotiate" before filing suit because it is almost always a waste of time.  We file your lawsuit immediately and get a trial date as quick as we can--in our experience, that's really the only way to force a reasonable and fair settlement.

Conclusion

You must have your case evaluated by an experienced offshore injury lawyer to determine a fair and reasonable settlement or jury verdict range.  You also need to make sure your lawyer will be willing to push your case to trial without unnecessary delay, and spend the time and money to win the case as quickly as possible. 

After all, in many cases, it is you and your family's future on the line.

About the author

Brian Beckcom is a Board Certified Injury Trial Lawyer who handles serious offshore injury cases, dangerous products cases, truck accident cases, wrongful death cases, paralysis and burn cases, plane and helicopter crash cases, and other difficult and serious personal matters.  He is based in Texas but handles cases nationally and internationally.

Mr. Beckcom has a history of winning offshore injury cases, including Jones Act cases, Longshore cases, Maritime Law Cases, Offshore Oil Rig cases, and other similar cases.

Mr. Beckcom has never lost an offshore injury case at trial.

Mr. Beckcom can be contacted directly through his firm's main website, www.vbattorneys.com.

Four Important Things to Know About Offshore Oil Rig Injury Claims

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.

Vujasinovic & Beckcom Announce New Website

In addition to publishing The Maritime Lawyer, our firm recently completed our new firm website.  You can find it at www.vbattorneys.com

Our aim is provide as much useful information as we can about our firm, legal news, and other pressing issues in the law.  We've got a lot of information about cases, Jones Act and Maritime law, injury claims, accident claims, dealing with insurance companies, etc.

Please take a moment to visit the site.  We welcome any suggestions, questions, or advice on how to make the website better.

Offshore Oil Rig Injury Claims - Background & Suggestions

(Note to readers: The reason we haven't added to the site in the past few weeks is that our law firm has been trying a major wrongful death lawsuit against Nabors Drilling International, Limited involving a shooting death in the Middle East.)

Offshore Oil Rig Injury Claims - Background & Suggestions

Our law firm is principally located in Houston, Texas, just minutes from the Houston Ship Channel and less than an hour from the Gulf of Mexico.  The Gulf of Mexico is one of main offshore oil and natural gas drilling sites in the world.  In the past few years, business has been booming.  More and more workers are sent offshore to work on oil rigs, the oil companies and support companies have made more and more money, and, unfortunately, more and more offshore oil rig workers have been injured or killed.

We get calls on offshore oil rig injury claims every week.  One of the most asked questions is "what law covers an injured offshore oil rig worker?," or "what are my legal rights as an offshore oil rig worker?"

The answer to the question is not simple, and our first piece of advice to these workers is to make sure that whatever law firm you hire, that the lawyers have real, extensive experience handling offshore oil rig injury claims.  The law is incredibly complicated, and the vast majority of lawyers and law firms have no experience handling offshore oil rig injury claims.

The second piece of advice is that offshore oil rig injury claims may be covered by the Jones Act, the General Maritime Law, the Longshore & Harbor Worker's Compensation Act, or the Outer Continental Shelf Land's Act case.  It depends almost entirely on the specific facts of the case, where the injured oil rig worker was assigned, what type of structure he or she was working on, how long he or she had been assigned, etc.

Employers will often attempt to force injured offshore oil rig workers to accept legal rights under the least favorable set of laws, thinking that the injured offshore oil rig worker won't know the difference, or will be so desperate for money and medical care that they will take the first offer made, even if it's a bad offer. 

Don't fall victim to this type of tactic.  The experience offshore oil rig injury lawyers know how to position your case and get you benefits and legal compensation under the most favorable and appropriate law.  Also, the offshore oil rig injury lawyers will help you financially survive during your time off from work, and will ensure that you can afford to see good doctors if the company won't agree to help with you medical care.

Oil rig work is rewarding but can be dangerous.  If you have an offshore oil rig injury claim, don't trust your case to the first lawyer you talk to, and don't rely on your employer for legal advice.  Get competent offshore oil rig injury lawyers on your side immediately.

Diving Accident Lawyer - Are Diving Accidents Covered By the Jones Act?

Diving Accident Law

We handle diving accident and injury cases.  One of the first questions in these cases, particularly in commercial diving cases, is whether the Jones Act covers commercial divers.

In 1992, in Ashley v. Epic Divers, Inc., the dive company argued that one of its employees, a freelance diver, was not a Jones Act seaman.  The Court agreed.  The Court reasoned that the diver was assigned to different vessels owned by differet owners and was therefore not a Jones Act seaman.

Dive companies have used this ruling to argue that divers only get Longshore benefits under the Longshore & Harbor Worker's Compensation Act. 

In 1995, 1997, and 2005, the U.S. Supreme Court issued a series of opinions that provided some additional guidance on the question "Who is a seaman?"   In these opinions, the Court focuses on the nature of the worker's work, not on some arbitrary "snapshot" test.

Currently, most commercial divers who are injured offshore will be Jones Act seamen.  But like in most maritime and Jones Act cases, when you hire a lawyer, you need to hire a dive accident lawyer, not a general practitioner, or you risk losing lots of legal rights.

Diving Accident & Injuries - Proving Negligence

Generally, diving companies are responsible for diving accidents & injuries if they are guilty of doing something that a reasonably prudent diving company would not do.

What this basically means is that diving companies must follow standard policies and procedures, Coast Guard regulations, etc. 

Unfortunately, in too many cases, the diving company fails to follow standard procedures or cuts corners on safety, resulting in serious diving injuries or even death.

The following are some examples of situations where a dive accident occured as a result of company negligence:

-lmproper decompression tables
-improper use of decompression tables
-using experimental tables
-operating outside the dive table limits
-ascending too fast
-improper medical treatment
-using improper equipment
-not enough manpower
-operating unsafely
-violating company or Coast Guard policies, or having inadequte or inappropriate company policies.

Diving injuries and accidents can be very serious, even life threatening.  If you have experience a diving accident or injury, you should seek experienced legal representation in the form of a diving accident lawyer.  To learn more about the Jones Act and maritime law, please visit the other posts on this website, or visit our main page at www.vbattorneys.com.





The Jones Act - Some "Secrets" Your Employer May Not Want You To Know If You Are Injured Offshore

    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.

Should I file my Jones Act injury claim or maritime injury claim in federal or state court?

A Jones Act claim will always be governed by federal substantive law.  Most, if not all, general maritime claims will also be governed by federal substantive law.

However, an injured Jones Act seaman or maritime worker may be able to file his claim in state court.  When you first speak with your lawyer, you should ask him to tell you whether you should file your claim in a federal or state court, and why.  A good Jones Act lawyer or maritime lawyer should be able to tell you immediately where you should file your claim and tell you why as well.  If the lawyer can't tell you immediately, considering going elsewhere for legal help.

What are some of the considerations when deciding where to file your Jones Act injury claim or maritime injury claim?  Since federal law will apply, where you file the case will depend on procedural issues and pragmatic onces as well.

From a procedural standpoint, you may be able to get more pre-suit discovery in state court.  Many federal courts limit the amount of pre-suit discovery you can conduct severely.  Discovery is a good way to get at the truth of what caused the maritime injury, so consider state court if the discovery rules are more expansive.

A pragmatic consideration is whether the state court options provide a more people-friendly venue that federal court.  In Texas, for example, an injured Jones Act seaman can file his injury claims where he resided at the time of the claim.  In other words, the injured Jones Act seaman can file close to home, presumably where his family lives and where his doctors are located. 

Also, voir dire in federal court is generally more limited.  For some reason, federal judges like to conduct their own voir dire and limit voir dire from the lawyers ("voir dire" is the process of selecting a jury).  If you want more input into the jury selection process, you should almost always file a Jones Act injury claim or a maritime injury claim in state court.

There are many other considerations when deciding where to bring a Jones Act injury claim or a maritime injury claim.  A good lawyer will be able to walk you through these decisions and explain why you should file in a particular venue.

Injured seamen are entitled to maintenance and cure, and unearned wages, regardless of fault

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.

The Jones Act - What Is It?

Injured seamen and offshore workers often ask me to explain their possible remedies under the Jones Act and to explain the Jones Act to them. 

The Jones Act is really a pretty straightforward set of rules first passed by Congress is 1920 and known as The Merchant Marine Act of 1920.  The statute itself is short.  Although the statute is short and can be read in less than 5 minutes, like ship that's been in the water a long time, the Jones Act has a lot of barnacles in the form of Court opinions that interpret it's provision.

With that in mind, here's a simple explanation of the Jones Act.

The Jones Act requires, first, that U.S.-flagged vessels be built in the United States, owned by U.S. citizens, and documented under the laws of the United States. Documented means "registered, enrolled, or licensed under the laws of the United States."  In addition, all officers and 75% of the crew must be U.S. citizens. Vessels that satisfy these requirements comprise the "Jones Act fleet".
The Jones Act restricts the carriage of goods between United States ports to United States flagged vessels.

Second, and more important to injured maritime workers, the Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew.  It operates simply, by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors.

The language that gives injured seaman the right to recover damages for injuries suffered offshore is only one paragraph long:

"Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply. . . ."

An injured seamen has three legal remedies. The first is the right to "maintenance and cure," the second is under the Jones Act, and the third is under the doctrine of unseaworthiness. A simple analogy which, while not completely accurate, provides an easy way to distinguish between the three remedies is this: Maintenance (living expenses during recovery) and cure (medical care) is like workers' compensation. A shipowner is required to provide maintenance and cure regardless of whether or not it was negligent in causing the seaman's injuries. The Jones Act is essentially a negligence cause of action. If the shipowner isn't negligent, it has no liability to the seaman under the Jones Act. Unseaworthiness is like products liability law--if the ship or any of its appliances are defective, the seaman can sue the shipowner if he is injured due to the defect.

The Jones Act entitles injured sailors to recover past and future wage losses, medical care, and pain and suffering--elements of damages which are generally unavailable under maintenance and cure. Under maintenance and cure the shipowner is only required to provide medical care until the seaman reaches maximum medical cure, after which the duty comes to an end.

The Jones Act should not be confused with the Longshoremen's and Harbor Workers' Compensation Act, which is a Federal statute that defines the workers' compensation rights of dockside employees whose work affects shipping upon navigable waters. The Death on the High Seas Act governs remedies for the surviving kin of sailors who die on the job.

What is a Maritime Lawyer, Exactly?

All doctors don't perform open-heart surgery.  And all lawyers don't handle maritime cases.  If you have a maritime injury or Jones Act case, and you're looking for legal representation, you need to know the difference between a "maritime lawyer" or "Jones Act" lawyer and other lawyers.

A maritime lawyer, or a Jones Act lawyer, as the names suggest, is someone who practices "maritime law."  Maritime law governs cases that occur in the waterways of the United States, the Gulf of Mexico, or at sea. 

Maritime law is NOT like land-based law.  It is highly specialized.  It is based on case law, statutes, and interpretations of cases and statutes that may literally be hundreds of years old.  In the United States, for instance, maritime law has developed literally since the founding of the Republic.  And U.S. maritime law is based on and relies on cases, statutes, and traditions that pre-date the United States itself. 

You should be very careful when selecting a lawyer to handle a Jones Act case or maritime law case.  There are pitfalls and traps that canny defense lawyers and companies can use to limit or even eliminate recovery for damages. 

When interviewing a lawyer for a Jones Act or maritime law injury claim, think about asking these questions:

1.  How many Jones Act or maritime law cases have you handled?
2.  Are you board-certified in any area of law?
3.  Have you written any articles on the Jones Act or maritime law?
4.  Do you have the experience and resources to take on the maritime employer and its insurance company?
5.  What is your track record in maritime and Jones Act cases?
6.  Are you going to try to settle the case quickly and cheaply or is your goal to obtain the maximum fair compensation?
7.  Do you have any former or current clients that would be willing to vouch for your abilities?

This is just a partial list of questions.  The bottom line is that you wouldn't trust your heart with a doctor who didn't treat heart conditions.  You shouldn't trust your Jones Act or maritime case with a lawyer that doesn't regularly handle such cases.


Recent Jones Act Case Upholds $1,585,000.00 Verdict

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.

Injured Offshore? Here Are Five Helpful Tips For Navigating Your Legal Voyage

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.

The U.S. Supreme Court Decides Unanimously in Favor of Jones Act seaman

In a wonderful victory for Jones Act seaman and injured maritime workers generally, last year, the United States Supreme Court decide Stewart v. Dutra, a case involving whether an injured dredge worker was a Jones Act "seaman" and whether the dredge he was on was a "vessel" for Jones Act purposes.

The case is a must-read for all maritime attorneys and is recommended for Jones Act seaman and maritime workers generally.

The U.S. Supreme Court decided, essentially, that anything "practically capable" of moving across the water, whether it does so or not, is a "vessel" for Jones Act purposes.

You can find the case by clicking here.

I've also set forth some of the more important parts of the case below.


1.  The Jones Act was enacted in 1920 to remove a bar to negligence suits by seaman.  The Act itself does not define "seaman," but the general backdrop of maritime demonstrates that "seaman" was and is a term of art under general maritime law.  Unlike sea-based workers, land-based workers injured offshore are covered by the Longhsore & Harbor Worker's Compensation Act (the "LWHCA").  The LWHCA excludes from coverage the "master or member of the crew of any vessel."  The Jones Act and LWHCA work together--one provides coverage for "seaman," and the other for land-based worekrs.

2.  The LHWCA did not define “vessel” when enacted, but §§1 and 3 of the Revised Statutes of 1873 specified that, in any Act passed after February 25, 1871, “ ‘vessel’ includes every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” The LHWCA is such an Act. Section 3’s definition has remained virtually unchanged to the present and continues to supply the default definition of “vessel” throughout the U.S. Code. Section 3 merely codified the meaning “vessel” had acquired in general maritime law. In fact, prior to the passage of the Jones Act and the LHWCA, this Court and lower courts had treated dredges as vessels. By the time those Acts became law in the 1920’s, it was settled that §3 defined “vessel” for their purposes, and that a structure’s status as a vessel under §3 depended on whether the structure was an instrument of naval transportation. See Ellis v. United States, 206 U.S. 246, 259. Then as now, dredges served a waterborne transportation function: In performing their work they carried machinery, equipment, and a crew over water. This Court has continued to treat §3 as defining “vessel” in the LHWCA and to construe §3 consistently with general maritime law. Norton v. Warner Co., 321 U.S. 565. Pp. 6—10.

3. Previous cases made a sensible distinction between watercraft temporarily stationed in a particular location and those permanently anchored to shore or the ocean floor. A watercraft is not capable of being used for maritime transport in any meaningful sense if it has been permanently moored or otherwise rendered practically incapable of transportation or movement. By including special-purpose vessels like dredges, the act is broad, but other prerequisites to qualifying for seaman status under the Jones Act provide some limits.   For example, a worker seeking such status must prove that his duties contributed to the vessel’s function or mission and that his connection to the vessel was substantial in nature and duration.

4.  The First Circuit held that the Super Scoop is not a “vessel” because its primary purpose is not navigation or commerce and because it was not in actual transit at the time of Stewart’s injury. Neither prong of that test is consistent with §3’s text or general maritime law’s established meaning of “vessel.” Section 3 requires only that a watercraft be “used, or capable of being used, as a means of transportation on water,” not that it be used primarily for that purpose. The Super Scoop was not only “capable of being used” to transport equipment and passengers over water–it was so used. Similarly, requiring a watercraft to be in motion to qualify as a vessel under §3 is the sort of “snapshot” test rejected in Chandris.    That a vessel must be “in navigation,” means not that a structure’s locomotion at any given moment matters, but that structures may lose their character as vessels if withdrawn from the water for an extended period. The “in navigation” requirement is thus relevant to whether a craft is “used, or capable of being used,” for naval transportation.    The inquiry whether a craft is “used, or capable of being used,” for maritime transportation may involve factual issues for a jury, but here no relevant facts were in dispute. Dutra conceded that the Super Scoop was only temporarily stationary while the scow was being repaired; it had not been taken out of service, permanently anchored, or otherwise rendered practically incapable of maritime transport. Finally, Dutra conceded that the Super Scoop is a “vessel” under §905(b), which imposes LHWCA liability on vessel owners for negligence to longshoremen.

Services

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.