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

 

Documenting your maritime accident injury can be one of the most important things you can do to maximize your recovery after a maritime accident. If possible, try to report the maritime accident to your boss or supervisor.

If possible, don’t forget to include the names of all parties involved in the accident, the date and time the maritime accident occurred, and the conditions surrounding the maritime accident.

 

Try to document all maritime accident injuries by providing descriptions of the injury itself. Taking photos is also a good way to preserve what the injury looked like at the exact time of the accident. It is also helpful to take photos of the conditions of the boat, rig, or area where the maritime accident occurred.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

 

Learn your rights as a seaman by ordering free copy of The Insider’s Guide to Winning Your Maritime Injury Casewritten 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.

               

 

 

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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.

 

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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.

 

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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.

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If you are injured on the job while offshore, you need to know your rights.

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 handpicked 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.

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.

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In this tough economy, every one wants to keep their job. So if you are hurt while working, your greatest fear may not be the injury itself, but the risk that you could be unemployed after your work accident.

Jones Act and maritime accident injury lawyer Brian Beckcom wants to warn seaman of the secrets that employers may not want you to know if you are injured offshore.

One of the secrets is that 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 maritime 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. 

 

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.

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Jones Act and maritime accident injury lawyer Brain Beckcom has handled numerous cases that involve injuries at sea. He has compiled a list of six critical things that you should do if you are even involved in a maritime accident.

Here is Tip #6:

 

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

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

Did you miss Tips #1-5? Order your free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom today to learn what to do if you are ever injured at sea.

 

 

 How to hire the best lawyer for your Jones Act or offshore injury caseHow much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?How to wreck your Jones Act caseFinancial 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?"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.I was injured on a cruise ship - What are my legal rights?www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.comBrian 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.

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. 

2. 

4. 

5. 

12. 

16.

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

 

About our law firm

 

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

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My firm just recently was hired by a derrickman who works offshore on jack-up and semisubmersible oil rigs.  My client severely injured his back and neck due to the company's negligence.

The company doesn't know I represent the worker yet.  Today, the worker sent me a letter from the insurance claims person at the company.  The claims person is trying to get my client to sign away all his rights and accept a $4,000.00 settlement!  What a joke.

This settlement is completely and totally unreasonable and unfair considering that my client was making that much money per month, needs additional medical care, and will likely not be able to return to his same work for a long time, if ever.

It is almost enough to make you laugh (or cry).  The claims people and insurance companies basically try to rip-off the offshore workers by offering them pennies on the dollar before they get their own independent legal advice.  They know that the worker may be desperate and may not know what a fair settlement is really worth.

The bottom line here is don't be fooled or tricked by these obvious attempts to cheat you out of a fair settlement.  Get your own independent legal advice if you have suffered a serious injury at work.

 

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.

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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.

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Press Release - For Immediate Release

Houston, Texas - May 2009

Injured Barge Worker Obtains Confidential Settlement of Back Injury Case

We are pleased to announce that one of our firm's clients, an employee who worked on boats for Capital Inland Marine for Kirby Inland Marine boat company, has obtained a confidential settlement of his back injury claims.

Our client was a deckhand on a Capital Inland barge.  He was injured his back when he slipped and fell on some oil that had leaked out of the engine compartment and not properly cleaned. 

We filed the case under the Jones Act and general maritime law.

Brian Beckcom took the lead in filing the case, investigating the facts, and ultimately negotiating the confidential settlement.

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.

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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.

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Malignant mesothelioma is a very rare and very deadly type of cancer.

Anyone who has been exposed to asbestos probably already knows that they must have been exposed to asbestos.  The question often becomes where did the exposure happen?

For people who have spent a significant time working offshore, the answer is that you may have exposed to asbestos on-the-job.

Certain products once contained high levels of asbestos.  For instance, the following products are known to have contained asbestos:

1.  Pipes;

2.  Boilers;

3.  Engine rooms;

4.  Gaskets;

5.  Sheet materials;

6.  Ceiling tiles;

7.  Wallboard;

8.  Siding;

9.  Roofing

10.  Brakes

11. Clutches

12. Just about anything needing insulation or fireproofing.

 

Can the Jones Act help me if I was exposed to asbestos offshore?

 

The answer is yes, in many situations.  If you were exposed to asbestos offshore and you are a Jones Act seaman, then you can bring a Jones Act case against your employer for that exposure.

Because asbestos exposure can be a very serious disease, it is important that you and your family move as quickly as you can to investigate your claims, and that you have an experienced Jones Act lawyer on your side.

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.

 

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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.

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If you or a loved one are ever involved in an accident at sea, there are important steps you must take.

Regardless of the type of maritime accident, or whether the maritime accident seems serious or not, your medical care comes first.

Seek medical treatment immediately, even if it means just getting checked out by a medical professional to ensure that you are not seriously injured. If you need medical treatment – whether it be first aid, emergency care, or hospitalization - get it immediately. If the vessel has a medic, see the medic.

In many cases, those who are injured in maritime accidents are not sure what their legal rights are. Order your free copy of The Insider’s Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian 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.

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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.

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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.

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A common scenario in my office is for a client to walk to our first meeting, having been injured in some sort of offshore accident, and ask me to explain the "Jones Act".  Or they ask me whether they have a "Jones Act" case. 

Or the client asks me about the Longshore & Harbor Worker's Compensation Act.

All of these questions are answered in my book, Insider's Guide to Winning Your Maritime Injury Case."  The book sells for $29.99 but I give it free to my firm's clients and prospective clents because I want them to have the information the book contains.

Here's a very brief discussion about the Jones Act and the Longshore Act:

The Jones Act

The Jones Act applies only to "seaman."  To qualify as a "seaman," you must contribute the function of the vessel and be a member of her crew.  You can read a short article about seaman status by clicking here.

The definition of "seaman" and "vessel" is a lot broader than most people probably realize.  I've represented welders on jack-up drilling rigs, cooks on offshore platforms, roughnecks and roustabouts on semi-submersibles, drillers on oil rigs in the North Sea, boat captains, deckhands, and countless other workers.

In order to determine (in most cases) if you are a Jones Act seaman, you need an attorney with a lot of experience in Jones Act cases.  Most lawyers will never handle a Jones Act case during their entire career. 

The Longshore & Harbor Worker's Compensation Act

The Longshore Act covers "Longshoreman" and "Harbor Workers."  In other words, workers who aren't seaman but may be worker near the water.

The classic example of the Longshoreman is a dockworker who loads and unloads ships.  While they may work on the ship at times, and over the water, dockworkers aren't Jones Act seaman and can't bring Jones Act cases.

Conclusion

In most situations, you are better off from a purely legal standpoint if you can qualify as a Jones Act seaman.  However, most attorneys know absolutely nothing about how to ensure that you qualify as such, so make sure you find an attorney who knows how to handle these cases or you may literally be giving up a claim worth tens, hundreds, or even millions of dollars,

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.

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The family of George Greer, Sr. recently filed a Jones Act case against 13 companies who they believe caused Mr. Greer's death.  The families claim that Mr. Greer was exposed to asbestos while working offshore.

Mr. Greer worked for various defendants from the 1960s to the 1980s.  He worked as a seaman during that time.  He was allegedly exposed to the deadly substance asbestos.

Mr. Greer developed mesothelioma which caused his death.

Mr. Greer's surviving family members seek compensation for his medical expenses, mental anguish, and suffering.

 

 

 

 

Asbestos exposure and the Jones Act

Workers who are exposed to asbestos offshore can file a Jones Act case if they are "seamen."  The law is favorable but complicated. 

The Jones Act and Maritime Law Attorney Brian Beckcom handles these cases.  Call today toll free 866.724.7800 to request more information or to schedule an appointment to speak with Mr. Beckcom

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.

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Injured Offshore? 

Do you have a Jones Act or maritime 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, 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 often 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 page on this website.

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One of the interesting things about representing hundreds of offshore workers, Jones Act seamen, and maritime workers is that you get a unique perspective on how to most efficiently and effectively represent these workers.

You also learn the tricks and traps that insurance companies and the offshore companies will use to try to wreck the case.

I have seen injured offshore workers make a lot of really simply mistakes before they call me which can really hurt their case.

In fact, what happens in some cases is that the injured offshore worker will have already hired an attorney, and a mistake or complication will arise in the case, and then I will get a phone call from the injured worker's attorney.

By then, it may be too late to do anything.  Or it may be a matter of damage control.  Or it may be a problem that can be fixed.

But the number one mistake I see when representing and advising injured offshore workers, Jones Act seamen, and maritime workers is hiring the wrong attorney for their case.

Maritime law is complicated.  Most attorneys (probably 99% or more) have never handled and will never handle a maritime injury, Jones Act, or offshore injury case. 

What will happen is the injured worker will call some attorney who did their will or got them out of a traffic ticket or who was recommended by their uncle.  That attorney may have never handled a Jones Act case.  The attorney may not know the difference between maintenance and cure. 

But the injured worker will hire that attorney anyway. 

Taking advice from such an attorney can be a very bad idea, and in fact, can wreck your case (or reduce the amount of money you get).

The Internet makes it possible to do a lot of research on attorneys.  You can find a lot of basic background information about attorneys.  (But keep in mind, attorneys can say they handle Jones Act or maritime injury cases when they don't.)

Then, you should make list of who to call and get in contact with at least 3-4 different attorneys, and ask them probing questions to figure out whether they know what they are doing.

For more information about the process, if you are an injured offshore worker or family member, you can get a free copy of "The Insider's Guide to Winning Maritime Injury Claims." 

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.

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



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.

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

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

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

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

Maintenance and cure is not enough

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

Maintenance and cure is a minimal payment

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

Wrongful termination

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

Protecting your finances and your job

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

Fortunately, the answer to the first question is YES.

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

Taking care of your financial needs during the lawsuit process

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

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

Even if you have been with the company a long time, and been a reliable employee, if you are hurt, there is no guarantee that you will keep your job.

In fact, there is a very good chance that the company will fire you after you are hurt.  The maritime industry has more workers than jobs and most jobs pay well.  If you cannot work, there will be a long line of people ready to take your place.

And if you cannot produce for the company,  you become a "liability" and the companies may think it would be better off letting you go.

Before the company lets you go, they may try to buy you off with a cheap settlement.  It is almost always a bad idea to accept a cheap settlement, because once you do, there won't be much you can do about wrongful termination.

Also, it is against the law to discriminate or wrongfully fire an employee who is covered by State or Federal law.  If you have been the victim of wrongful termination, you may be entitled to get your job back or to get money damages, or both. 

Workers who have been hurt are entitled to bring legal claims to recover the reasonable value of their damages.  Nevertheless, history shows that there is a much higher probability that you will be fired after you have been hurt on the job. 

Simply put, you may have important legal rights if you have been fired without cause, or fired after an injury, or fired for asserting you legal rights.

If  the insurance company or your employer tells you otherwise, do not believe 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.  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.

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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.

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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.

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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.

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Question:

I was injured offshore.  I was working for an oil company on an offshore jack-up rig (or oil platform).  What legal rights do I have to recover fair compensation for my injuries?

Answer:

We get these kinds of questions a lot probably because a lot of offshore oil workers call us to represent them.

With the increase in oil prices and the demand for more oil to feed our economy, the oil companies are doing more drilling and exploration for oil in the Gulf of Mexico and other deepwater sites. 

Unfortunately, that means more men and women in the oil industry face the risk of serious injury, or even death.

So what are your legal rights if you are injured offshore working for an oil company on a jack-up rig or platform?

If you are on a jack-up rig, you are probably a Jones Act seaman entitled to legal protection under the Jones Act and general maritime law.  However, this may not be true if your attachment to the jack-up rig was short in duration or substance. 

You will need an experienced Jones Act attorney to look at the facts of your case and answer the question for you.

If you are hurt on a non-movable fixed platform, then you are probably not a Jones Act seaman.  That means you could be a Longshoreman entitled to benefits under the Longshore & Harbor Worker's Compensation Act, or you may be able to bring a case under general maritime law, or state worker's compensation laws, or maybe, maybe even the Jones Act

The legal analysis can get pretty tricky.  You should probably hire a really competent and experienced Jones Act attorney to give you some answers to this question.

You can also visit our main website, www.vbattorneys.com, or our dedicated maritime law website, www.maritimeaccidentattorney.com, for more answers to many common questions.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

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

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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We handle a lot of offshore injury cases.  The workers who work on vessels, be they barges, dredges, boats, cruise ships, oil rigs, crane barges, or any other type of offshore vessel typically are asked to do hard, heavy manual work. 

All too often, in our experience, those workers suffer back, neck, shoulder, knee, or other serious orthopedic injuries as a result of inadequate equipment, staffing, training, safety precautions, or by being pushed to do their work too quickly or in unsafe conditions.

These types of injuries can be career-threatening or even, in some cases, career-ending.  Workers who must have strong backs, legs, and arms often find themselves unable to do the work when they suffer one of these types of injuries.

Often, what will happen after an injury is the company will send the worker to company-sponsored or company-affiliated doctors.  After a cursory or quick medical examination, the doctor will simply send the worker back to work on "light duty" or will even give a full release, without doing a complete or thorough medical examination and before the worker is ready to return to work. 

When the worker tells the company that he is not ready to return, the company will give two stark choices--return to work or lose your job.

Not much of a choice.

Fortunately, the Jones Act and maritime law provides some legal protection to workers in this situation.  For example, under the Jones Act  and maritime law, you are allowed to go to a doctor of your own choosing.  If you are not physically ready to go back to work, the companies should be paying part of your salary in the form of maintenance payments and should be faciiliating your medical treatment and paying the doctors promptly.

If the company (or its insurance companies) don't cooperate and do everything reasonably in their power to assist you during your recovery, they may very well be running afoul of the law.

You can make a legal claim if the company and its insurance company do not help facilitate your medical care and act reasonably when you are injured.  In these situations, it is important that you talk with an experienced Jones Act or maritime injury lawyer, a lawyer you are comfortable with who has the experience and resources to help you get a full and fair recovery.

This is particularly important when your injury is career-threatening or possibly career-ending.

Don't fall into the "trap" that you must listen only to the company-referred doctor. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed. 

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge.  The barge was empty.  The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendents of deceased workers may be able to bring claims for wrongful death.  Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death.  The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring. 

Most important, don't trust the insurance company to tell you your rights.  Hire your own independent lawyer to advise you.

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

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

What is the Jones Act?

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

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

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

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

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

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


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

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

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

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

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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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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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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

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

About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis.  The firm has a substantial docket of Jones Act and maritime injury cases.

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Norweigian Cruse Lines Agrees to Settlement with Injured Worker

Press Release - October 2007, Houston, Texas

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

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

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

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

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

For more information, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

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

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About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis.  The firm has a substantial docket of Jones Act and maritime injury cases.

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Injured offshore workers often ask whether they are entitled to bring a claim against their employer if they are injured onshore.

The answer is "Yes," Jones Act seaman may bring a claim against their Jones Act employer even if they weren't injured on the water, or on the boat, as long as they were injured "in the service of the ship."

This has been true at least since 1966, when the United State Supreme Court decided the Hopson v. Texaco case.  (You can find that case at 383 U.S. 262).  In the Hopson case, a seaman was traveling to the U.S. Consul in a taxicab in a foreign country.  The tax crashed, the seaman was hurt, and he sued his Jones Act employer.

The seaman was going to the U.S. Consul as part of his job duties (he was going to get papers so he could get medical care in the United States).

The Supreme Court held that the Jones Act employer was responsible to the injured employee and liable for the negligence of the taxi driver since the taxi driver was acting as an agent of the Jones Act employer.

So, if you qualify as a Jones Act seaman, you may recover damages even if you are not injured on a vessel.

For more information, please contact Brian Beckcom at 713.224.7800, 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

Brian Beckcom is a Board Certified Personal Injury Attorney at Vujasinovic & Beckcom, P.L.L.C., a Houston, Texas-based law firm with a national practice.  All the attorneys at the firm are board certified in personal injury law by the Texas Board of Legal Specialization. 

The firm handles 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 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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The Southeast Texas Record, a propaganda "newspaper" for the Chamber of Commerce, reports on one of our Jones Act cases, Paul Perronne v. Universal Sodexho.

You can read about the story by clicking the link below:

Click here to read about one of our firm's Beaumont Jones Act cases.

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 Obtains $225,000.00 Settlement One Day Before a Scheduled Trial Date

Press Release - For Immediate Release

Houston, Texas - Artemio Gonzalez, a Jones Act seaman and offshore welder, recently obtained a $225,000.00 settlement for a hernia injury he suffered while working on a lift barge, the DB William KALLOP, owned and operated by Offshore Specialty Fabricators, Inc. ("OSFI"). 

Mr. Gonzalez was contracted as an offshore welder to work on the KALLOP by ACP, a Louisana-based contracting company.  Mr. Gonzalez was picking up 100 feet of welding leads when he felt sharp pains in his groin area.  He reported the incident to the rig medic.  He was taken off the vessel a few days later and received treatment at the emergency room.  He was diagnosed with a double hernia.

OSFI and ACP claimed that Mr. Gonzalez's injury were 100% his own fault.  Mr. Gonzalez brought suit under the Jones Act and General Maritime Law against ACP and OSFI.  Mr. Gonzalez claimed that the OSFI supervisor yelled at screamed at the workers, including him, to work faster, and that he was unable to find assistance to help him lift the heavy welding leads.  He also claimed that there were no mechanical lifting aids available and the leads were too heavy to lift without mechanical assistance.

On the Sunday before a Monday trial setting, OSFI and ACP, through their insurance companies, agreed to pay $225,000.00 to settle all of Mr. Gonzalez's claims against them.

Mr. Gonzalez was represented by Brian Beckcom at Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.

Judge Mark Davidson of the 11th Judicial District Court, Harris County, Houston, Texas presided over the case.

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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The case was handled on a 40% contingent fee basis.  V&B advanced $39,000.00 in case expenses.

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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.

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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.

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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.

 

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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.

 

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Press Release

Houston, Texas - August 15, 2007

The Houston, Texas based law firm Vujasinovic & Beckcom, P.L.L.C. announce the publication of the firm's new, dedicated maritime law website, www.maritimeaccidentattorney.com. 

The website provides the latest information to injured offshore workers, injured seaman, people injured in offshore, and their families.  It provides free information about maritime injury law, the Jones Act, and other areas of interest to maritime workers.

Firm partner Brian Beckcom says that "we get a lot of calls from people injured offshore.  We wanted to provide a convenient website for people injured offshore to get helpful information about offshore injury cases, Jones Act cases, and other maritime law matters.  We believe the website does just that."

About the Firm

Vujasinovic & Beckcom, P.L.L.C. is a Houston-based law firm that handles serious personal injury and wrongful death cases in Houston, Texas and across the nation.  The firm has an active docket of maritime injury and death cases as well as Jones Act cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com.  Or call the firm toll free at 877.724.7800.

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A worker recently filed a lawsuit under the Jones Act, claiming that his Jones Act employer, Pride Offshore, forced him to work in a dangerous position, work on poorly designed ship valves that were improperly maintained, and work on valves that were placed in the wrong position to begin with.

Jones Act employers are not allowed to place their workers in positions that are likely to cause injury.  If a worker is injured, he or she can hold the employer liable for negligence under the Jones Act. 

Likewise, a Jones Act employer/shipowner is required to keep its ships "seaworthy."  That means that if the ship and her equipment is not reasonably fit for their intended purpose, the Jones Act employer/shipowner may be held responsible under the general maritime law doctrine of "unseaworthiness."

Have a Jones Act or Offshore Injury Question?

If you have been injured offshore, or you have a family member who has been injured or killed offshore, you can call the maritime accident attorneys at  our law firm toll free at 877.724.7800.

You will speak to one of the firm's board certified personal injury lawyers directly.  We will answer your questions and try to help you and your loved ones in whatever way we can.

About the Author

Brian Beckcom is a Board Certified Personal Injury Lawyer who has handled hundreds of Jones Act cases, maritime accident and injury cases, and other serious personal injury and wrongful death matters.  You can read more about his firm by visiting the firm's main website at www.vbattorneys.com.

Mr. Beckcom is the author of more than 50 articles in the field of maritime law.  He is regularly asked to represent injured offshore workers and their families. 

Mr. Beckcom has never lost a Jones Act or maritime injury case.

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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.

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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.

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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.

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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.

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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.

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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.

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

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

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

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

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

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

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

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

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

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

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

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Jones Act Cases in Texas State Court After HB 1602

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

I.    Introduction

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

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

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

A.    HB 1602 - Background

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

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

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

II.  HB 1602 Analysis

A.    FELA railroad workers

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

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

B.    Jones Act – Non-dredge workers

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

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

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

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

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

C.    HB 1602 – Practical effects

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

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

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

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

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

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

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Weeks Marine, a New Jersey-based dredge company, has lost yet another appeal in a Texas Jones Act case.  The case involved an injured Jones Act seamen.  Weeks refused to acknowledge that he was hurt signfiicantly.

The case is Braulio Lara v. Weeks Marine, Inc., No. 04-06-00237-CV.  The case was tried in the 381st Judicial District Court, in Starr County, Texas.

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Offshore workers may find themselves assigned to a government vessel or working for a private vessel chartered by the U.S. federal government. 

If you are injured on a U.S. government vessel or while working on a vessel chartered to the U.S. government, do you have a Jones Act claim?

The answer to this question is probably "no," unless you were aboard a private vessel under "time" charter to the U.S. government.  Instead, you probably have a claim under the Suits in Admiralty Act (the "SAA") or the Public Vessels Act (the "PVA").

The Suits in Admiralty Act is the exclusive remedy for maritime tort actions agains the United States where a public vessel is involved.  The Public Vessels Act contains a waiver of sovereign immunity for admiralty torts, but only those committed by or aboard public vessels.  So, if a private vessel is charted to the U.S. government, the Public Vessels Act exception probably does not apply.

Under the Suits in Admiralty Act, an injured offshore worker can recover only to the extent a private party or company would be liable under similar circumstances.  For example, if the boat owner would be liable as a private person for unseaworthiness, then the U.S. government can likewise be liable for unseaworthiness.

In cases where the U.S. hase hired a private vessel, and one of the vessel's employees is injured on the private vessel, the kind of charter or contract the U.S. has with the private company can make a huge difference in the type of claim allowed. 

The U.S can charter a private vessel in different ways.  Basically, there are two well-knowns types of boat charter.  One is a "time" charter and the other is a "demise" charter.  A demise charter is almost like an outright transfer of ownership. 

A time charter, by contrast, is where one party contracts only for specific services which are rendered by the vessel owner's master and crew.  Time charterers assume no liability for the seaworthiness of the vessel, the negligence of the crew, or maintenance and cure.

As a pratical matter, what this means is that a worker injured on a private vessel leased to the U.S. government under a time charter can bring a Jones Act claim against the private company and is not barred or restricted by the Suits in Admiralty Act or Public Vessels Act.  By contrast, if the boat is under a demise charter, then the only remedy is probably a Suits in Admiralty Act claim.

Suing the U.S. government under the Suits in Admiralty Act or Public Vessels Act is extremely complicated and a worker injured under these circumstances should only hire a very experienced Jones Act attorney or maritime attorney.

If you have been injured on a U.S. government vessel or a vessel leased or chartered to the U.S. government, please call the law offices of Vujasinovic & Beckcom, L.L.P. toll free at 877.724.7800 to speak with one of the firm's experienced Jones Act attorneys. 

Also, please be sure to visit the firm's main website at www.vbattorneys.com for more information about the Jones Act, maritime law, the Suits in Admiralty Act, and the Public Vessels Act.

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The answer to this question after the U.S. Supreme Court's decision in Stewart v. Dutra, 543 U.S. 481 (2005) and the Fifth Circuit's decision in Holmes v. Atlantic Sounding Co., 437 F.3d 441 (5th Cir. 2006) is almost certainly yes. 

    But if the lawyer representing the injured person isn't familiar with these case or hasn't handled Jones Act cases on a regular basis, then the injured Jones Act seaman or spar worker runs the risk of losing this issue and losing substantial and valuable Jones Act rights and remedies.

    To recover under the Jones Act, an injured person must establish that he is a Jones Act seaman.  To be a Jones Act seaman, the injured person must prove that his duties "contribute to the function of the vessel or to the accomplishment of its mission.  See Chandris, Inc. v. Latsis, 515 U.S. 347, 359 (1995).  Second, the injured person must have a connection to a vessel or fleet of vessels that is substantial in terms of its duration and nature.  Id.

    After Stewart v. Dutra Construction Co., 543 U.S. 481, the Fifth Circuit adopted the definition of "vessel" set forth in Title 1, United States Code, Section 3 for all Jones Act claims.  That provision defines "vessel" as any watercraft "practically capable of maritime transportation, regardless of its primary purpose or state of transit at a particular moment."  This makes the Fifth Circuit's definition of "vessel" extremely broad for Jones Act purposes.

    In the Holmes case, the Fifth Circuit was tasked with determining if a quarterbarge was a vessel.  The Fifth Circuit had previously decided, 16 years earlier, that a quarterbarge was not a Jones Act vessel.  In Homes, the court reversed that ruling. 

    Most spars possess a number of objective vessel criteria.  For instance, most spars have a hull, specific displacement, decks, crew quarters.  Most spars float in navigable waters.  The Coast Guard regulates most spars, and often requires that certain job positions be licensed.  Most spars are towed to location or are able to move themselves.  And most spars are not permanently affixed to one spot in the water.  They are mobile.

    In summary, most spars should qualify as Jones Act vessels after Steward v. Dutra and Homes v. Atlantic Sounding.

    To learn more about the Jones Act and maritime law injury claims, please review the rest of this website or visit our main website at www.vbattorneys.com.  Or call for a free consultation with one of the firm's founding partners.

     

   

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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.

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According to the National Legal News, the recent drowings on Lake Travis near Austin, Texas and the ferry accident last year that killed 20 people have "prompted Texas state and local offices to seek better regulation of commercially operated vessels."  Click here to read the full article.

Although the Jones Act covers Jones Act seamen injured on vessels, there is no federal counterpart for passengers on commercial vessels outside general maritime law and Coast Guard regulations, which have proved inadequate to prevent recent disasters on commercial vessels.

The federal government has a uniform set of laws that govern commercial trucking companies.  It makes perfect sense to consider such rules for commercial vessels and boats as well, particularly given the potentially catastrophic consequences of unqualified captains or poorly maintained or manned commercial vessels. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Conclusion

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

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

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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.

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Some confusion exists regarding the status of marine construction workers under the Jones Act.  A recent  Sixth Circuit opinion may offer some clarity to the topic and confirm that in most instances, marine construction workers do qualify as Jones Act seamen.  The case is styled Arnold v. Luedtke, 2006 WL 2220978 (6th Cir. 8/4/2006).

The plaintiff began work in February 2002.  He served as the foreman of a seawall construction project.  The project required him to work in four phases.  During the first two phases, he captained a tugboat and worked aboard a large derrick boat for extended periods of time.  He was hurt during the third phase of the project, which had him working alone carrying very heavy steel plates from the beach to the top of the seawall and then onto a pontoon raft.   The district court found that he was not a seaman during the third phase and the raft was not a vessel.

The Sixth Circuit disagreed on both points.  It rejected the "snapshot" test that the U.S Supreme Court rejected in the Chandris case.  It also held that the raft was a vessel as a matter of law.  However, the court stated that some of the questions remained jury issues, amely whether his work aboard the raft was substantial in duration and nature.

The Sixth Circuit's opinion is perfectly consistent with Supreme Court precedent and corrects an obvious error by the trial court.  It also clarifies that marine construction workers don't walk in and out of Jones Act seamen status depending on the particular work they are doing when injured.

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The Jones Act was enacted in 1920.  The purpose of the Jones Act was to encourage U.S. maritime commerce, by, among other things, offering appropriate legal protections to injured seamen. 

Seamen are exposed every day to unique dangers and perils.  They must brave the open seas, work on dangerous offshore oil rigs, perform hard dredge work, master complicated maritime procedures and policies, watch out for their fellow workers, dive to great depths off of boats, ships, and rigs, work long hours, work in extreme weather conditions, and be away from their families for long periods of time.

All too often, the wages are not commensurate with the risks.  The sacrifices our maritime workers make every day to ensure that maritime commerce flows smoothly, that oil production in the Gulf of Mexico and elsewhere takes place, that ships and other vessels can make port, absolutely requires that the law recognize and protect them appropriately.

To take just one example:  When Hurricanes Katrina and Rita ravaged Gulf Coast oil production, and destroyed and disrupted the oil supply, our seamen and offshore workers came to the rescue, turning out in record numbers to get oil production back on line. 

It's not the executives in the fancy suits making millions of dollars a year who deserve our congratulations--although they often take all the credit.  The executives in the tall buildings didn't get the rigs repaired, the derricks fixed, the oil flowing.  No, it was the men and women of the offshore industry, the captains, pilots, roughnecks, deckhands, drillers, divers, toolpushers, ordinary and able bodied seamen, and other offshore laborers who braved the harsh conditions, spent time away from their families, and risked their health and safety to get oil production back on line in record time.  They didn't make millions of dollars a year to do the work--all too often, they were paid inadequately for the risks they took.   And they got no credit for what they did.  But they deserve the credit--their labor got oil production flowing.

Even in this age of so-called tort reform, where insurance companies and multi-billion dollar multi-national companies do everything they can to avoid responsibility to injured workers and their familes, most reasonable and fair-minded lawmakers recognize the amazing contributions made every day by offshore workers, Jones Act seamen, divers, dredge workers, captains, relief captains, tankermen, cooks, pilots, roustabouts, roughnecks, drillers, barge workers, and other offshore workers.

That's why the Jones Act is so important.  It is a formal and legal recognition of the contributions of offshore workers.  It shows that we appreciate their sacrifices, the risks they take every day, and what they contribute to our country's economic security.  It shows that the United States values the workers who make the money just as highly as we value the executives who hire and fire the workers and who never risk their health or safety on an offshore rig, boat, dredge barge, or other offshore vessel.

This entry, while not discussing any breaking legal news or cases, is made in an effort to congratulate the men and women who make the maritime industry work and to encourage all reasonable and fair-minded people, whether involved in the offshore industry or not, to congratulate the men and women who risk their lives to work offshore.

Everyone who has ever gone to sea to work offshore should be congratulated for what you do.   My firm is proud to stand by you in your moment of need, to represent you when necessary, and to call so many of you clients--and friends.

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Workers who load and unload the ship's cargo and are employed by stevedoring companies, longshoremen or harbor worker unions, or who are employed by such companies other than the ship's owners are generally considered "longshoremen"  or "harbor workers."

Longshoremen are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA).  They are entitled to a form of federal workers' compensation benefits for on-the-job injuries or death.  Longshoremen are entitled to collect benefits if they were injured in the course of their employment regardless of fault.

Longshoremen are not entitled to bring Jones Act or General Maritime Law claims against their employer.  The U.S. Supreme Court has made it very clear that an injured worker cannot be a Longshoremen and a Jones Act seaman at the same time.  The two laws, and the money compensation they allow, are mutually exclusive.

Although a Longshoremen cannot sue his employer, he may be able to sue the shipowner for negligence.  Shipowners have a duty to ensure that the ship's equipment, tools, work spaces and other areas are safe from dangers.  Shipowners must warn longshoremen/stevedores of any dangerous conditions on their ships.  If the shipowner fails to warn a longshormen/stevedore of a dangerous condition and the longshoremen/stevedore is hurt as a result, the shipowner may be responsible for the longshoreman's damages.  See, for example, Scindia Steam Navigation Co. v. De Los Santos (1981) 451 US 156, 68 L.Ed 2d 1, 101S Ct 1614).

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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.

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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.

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In a recent maritime decision, the United States Fifth Circuit Court of Appeals recently permitted a shipowner to sue a employee.

The employer had sued the worker for causing damage to the shipowner's property.  The Court held that nothing in the FELA, the Jones Act, or maritime law prohibited a  shipowner from suing an employee for negligence.

The case is  Withhard v. Otto Candies, L.L.C., 431 F.3d 840 (5th Cir. 2005).

You really have to wonder about a shipowner that would sue its own employee except under extremely egregious circumstances.  In any event, maritime workers, seamen, and other offshore workers should be aware of this possibility.

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A district court recently found that a winch attached to a dock is not part of a ship such that a defect in the winch could be considered a part of the ship for unseaworthiness purposes.

The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.

This decision makes sense.  The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel.  It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Jones Act covers "seamen" injured on vessels of all kinds, including mobile offshore drilling rigs.

There are many kinds of mobile offshore drilling rigs, including jack-up rigs, mobile offshore drilling units (or "MODUs"), semi-submersibles, spar platforms, lay barges, and drill ships.

Many Courts have found that these so-called "special purpose vessels" (or "SPVs") are vessel for Jones Act purposes.  However, a worker injured aboard a mobile drilling rig still needs to pass the test set forth it the United States Supreme Court's Chandris decision, which requires, generally, a connection to a vessel or identifiable fleet of vessels that is substantial in terms of both duration and nature, and the worker must contribute to the mission or function of the vessel.

As in most cases, whether an injured worker is a "seaman" for Jones Act purposes will depend on the particular facts of the offshore workers' accident and the nature of his or her employment.

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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.