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

Question:

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

Answer:

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

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

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

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

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

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

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

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

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

Want to know more about offshore injury claims? 

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

Not much of a choice.

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

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

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

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

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

Lawsuit against Capital Inland Marine for injured worker

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.

Reporting your offshore injury

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

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

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

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

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

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

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

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

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

Jones Act Barge Lawsuit Claims That Company Failed to Provide a Safe Place to Work

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.

Lawsuit Filed Against Blessey Marine for Wrongful Death of Seaman

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

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

What is the Jones Act?

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

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

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

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

Boiler explosion on SS Norway blamed on faulty maintenance

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.

Merry Christmas to all the offshore workers!

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

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

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

Warning to Injured Offshore Workers - DO NOT SIGN ARBITRATION AGREEMENTS

SEAMEN'S ALERT

Houston, Texas - December 22, 2007

If you are injured offshore, you SHOULD NOT sign any paperwork given to you by your employer UNTIL YOU HAVE HAD THE PAPERS REVIEWED BY YOUR OWN, INDEPENDENT ATTORNEY!.  Unless, of course, you want to eliminate or severely limit your legal rights.

Recently, many employers (including K-Sea Transportation Co., Weeks Marine, and Great Lakes Dredging) have coerced their injured workers into signing papers after they are hurt which severely limit the injured workers' rights in court.  In some cases, signing these papers may result in the injured worker loosing thousands, tens of thousands, or even hundreds of thousands of dollars.

So unless you want to lose your legal rights, or severely limit, do not sign any papers given to you by your employer after you are hurt unless you have those papers reviewed by an independent lawyer you select.  (In other words, don't rely on legal advise from a company-selected lawyer).

If you want to read a case where an injured worker basically signed away many of his legal rights, look at Barbieri v. K-Sea Transportation Corp., 2006 WL 3751215 (E.D.N.Y. Dec. 19, 2006).

Mr. Beckcom is a Board-Certified Personal Injury Lawyer who represents individuals and families.  Mr. Beckcom represents injured offshore workers and railroad workers in Texas and across the nation and the world. 

If you would like to speak with Mr. Beckcom about your potential legal case, you can call his law firm and schedule a telephone conference.  The toll free number is 877.724.7800

You can visit one of the firm's website to learn more about what we do:

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

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About the firm

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

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

On October 22, 2007, Carlos Guzman filed a Jones Act lawsuit  against CBH Services Inc. and Horizon Offshore Contractors Inc. in Jefferson County District Court.

Mr. Guzman claims that he hurt his back while moving a heavy ladder.  Mr. Guzman worked as a welder aboard "The Atlantic," a Horizon owned vessel.

Mr. Guzman's lawsuit claims more than $50,000 in damages.  Mr. Guzman sought out medical treatment shortly after the incident and continues to receive medical treatment from doctors and medical service providers.

According to Mr. Guzman, the defendants failed to provide a safe place to work, failed to provide safe tools and equipment, and failed to provide adequate supervision, among other things.

Back injuries are a common occurrence in the offshore industry.  Far too often, maritime workers are required to manually lift pieces of equipment that should not be lifted manually.  Faced with a choice of complying with the orders of the boss or losing a well-paying jobs, maritime workers often have no realistic choice.

Have you suffered a back injury or other serious injury offshore?

For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

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

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About the firm

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

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Injured Worker Brings Lawsuit Against Beacon Maritime and Murphy Oil

Juan Gonzales, a temporary worker on a jack-up rig, has brought a claim against Beacon Maritime and Murphy Oil for injuries he sustained when he was hit by flying slag. 

Mr. Gonzales is bring his claims under the Jones Act, which protects injured offshore workers and seamen.  Mr. Gonzales' claims includes Murphy Oil and Beacon Maritime's failure to provide safe equipment, a safe working environment, and failing to provide medical care quickly enough.

For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

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

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About the firm

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

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Norweigian Cruse Liens Settles Jones Act Case Filed By Injured Employee

Norweigian Cruse Lines Agrees to Settlement with Injured Worker

Press Release - October 2007, Houston, Texas

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

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

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

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

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

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

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

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About the firm

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

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Jones Act employer may be liable to injured seaman for injury that occurs off the ship

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 Settles Jones Act Case Brought by Injured Rigger

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

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

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

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

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

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

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About the firm

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

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Injured Galleyhand Files Jones Act Case Against Universal Sodexho and Rowan Drilling Company

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 Scheduled Trial Date

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.

Jones Act Seaman Settles Case

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

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

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

Read more about the case by clicking here.

Injured Offshore?

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

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

Injured Tankerman Sues Grifco Transportation Under Jones Act

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

Press Release - For immediate release - September 2007

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

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

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

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

About the firm

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

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

Maritime Injury Law & The Jones Act

Maritime Injury law & The Jones Act

Part 1 - The Jones Act

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

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

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

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

The Jones Act

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

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

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

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

About the Authoer

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

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

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

 

Worker sues Diamond Offshore for exposure to hazardous chemicals

Press Release - For Immediate Release

Houston, Texas - September 9, 2007

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

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

About the Firm

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

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


Or call the firm toll free at 877.724.7800.

 

Vujasinovic & Beckcom Announce New Maritime Law Website

Press Release

Houston, Texas - August 15, 2007

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

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

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

About the Firm

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

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

Worker sues Pride Offshore for forcing him to work in an unsafe position

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.


The test for "seaman status" under the Jones Act

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

The Seaman Status Test Under the Jones Act

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

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

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

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

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

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

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


We can help you with your Jones Act case today

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

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

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters, insurance disputes, and business disputes.

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

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

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

We get these questions a lot.

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

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

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

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

So, What Kinds of Cases Will You Accept?

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

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

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

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

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters, insurance disputes, and business disputes.

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

Filing a Jones Act lawsuit

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

We appreciate this question and get it a lot.

1.    Hire an experienced Jones Act lawyer

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

2.    Gather all documentation you have about your case

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

All of this information may be important to your case.

3.    Make sure you are getting proper medical care

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

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

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

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

5.    Prepare yourself for a fight.

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

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

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

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

About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas.  Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters, insurance disputes, and business disputes.

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

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

Thanks very much for submitting this question.

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

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

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

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

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

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

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

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

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

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

Texas Attorney Exposes The Truth About Offshore Injury Cases

Press Release

Houston, Texas July 2007

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

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

Texas Injury Attorney Brian Beckcom