Injured worker sues Matteson Marine Service

An injured worker has sued Matteson Marine Service, alleging that the company failed to provide him a safe workplace.  According to the lawsuit, the worker was injured because Matteson Marine Service was negligent.

The worker also claims that the company failed to provide him with maintenance and cure.  Or, put another way, that they failed to pay him any money while he was recuperating and failed to pay for his medical treatment.

You can read more about the case by clicking here.

What do you think about companies that fail to pay for proper medical care when an employee is injured?

Should the worker just "suck it up" and go back to work?  Or should the company provide the best care possibl since the worker was hurt at work? 

We welcome your comments.

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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.

How to select the best lawyer for your Jones Act, Longshore, offshore, or maritime injury case

If you or a loved one are injured in an accident offshore, whether it be on a boat, a dredge, an offshore oil platform, a vessel, a freighter, a cruise ship, or any other type of water-borne method of transportation, you need to hire the best lawyer for your case.

Why is hiring the best lawyer, and just not any lawyer with a law degree, really important in offshore injury cases? 

Because the hidden secret is that most lawyers have never handled an offshore injury case and don't know the first thing about offshore injury law. 

So how do you find the best lawyer for your particular case?  And how do you even get an appointment to talk to the best offshore injury lawyers?

The best and most experienced attorneys who handle offshore injury or Jones Act cases will have people lining up at their door to hire them.  These lawyers will be very selective about the cases they accept and the people they represent.  It's often hard to get an appointment to talk with them directly.

If it's easy to get an immediate appointment with the lawyer you are thinking about hiring, ask yourself why?  Maybe that lawyer doesn't have much else to do?

Once you get an appointment with a lawyer you are thinking about hiring for an injury, accident, wrongful death, or business dispute case you should ask questions.  Lots of them.

Good lawyers will not be insulted by questions.  They will most likely encourage you to ask as many questions as you want.  Most of the best Jones Act and offshore injury lawyers will want you to educate yourself during the hiring process.

Any lawyer who seems to discourage your questions or doesn't answer them in a straightforward no-nonsense way should raise red flags.

After all, the best lawyers consider it their job to keep you informed and educated and comfortable during the entire process.

Questions to ask a lawyer you are thinking about hiring for an offshore injury case

1.  How long have you been in practice?

2.  Do you have any experience handling a case like mine?

3.  Can you give me a list of your past results or past cases?

4.  Have you  ever published any articles about cases like mine?

5.  Have you ever had a case against the same company that was negligent in my case?

6.  Will you actually work on my case?

7.  How much experience does your support staff have in these types of cases?

8.  Have you ever won a large verdict or settlement?

9.  Are you board-certified in any field?

10.  Do you carry malpractice insurance?

11.  Have you ever been disciplined or reprimanded by a bar association?

12.  What is my case worth?

13.  Have you ever represented large companies or insurance companies?

14.  Can I have a copy of my attorney-client contract to take home and study?

15.  Why do you believe you should handle my case and not some other lawyer?

This list does not include every possible good question.  It may depend on your case.  But this list will certainly cover a lot of important areas and get you started down the right road.

Any good offshore injury lawyer will be glad to answer all these questions and any other questions you have.  And they will be glad to answer them in a straightforward, honest, no-nonsense way!

If the lawyer is evasive or says he won't answer your questions until you hire him as your lawyer by signing papers, then you should probably just leave the appointment.  That lawyer is either not experienced enough for your case, is desperate for business, or has something to hide.

Have a good question you'd like to suggest? 

If you have other questions you'd like to suggest that are not on the list above, please submit your question to the comments section below.  We will print the most popular and most helpful question in a future post.

For more questions, visit the rest of the entires on this website or go to www.vbattorneys.com.

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.

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

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

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

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

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

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

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

Good luck.

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.

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

After an offshore injury, the insurance company will probably want to take a "recorded statement" from you.  The insurance company will tell you they are trying to "investigate your claim" and "determine liability" and they need your recorded statement "for their file." 

The insurance company will try to convince you it is in your best interest to give a quick recorded statement.  They will say something like "just tell us what happened" so they can "make an offer" on your case.

They may even try to convince you to sign paperwork.  That paperwork may completely eliminate your legal rights against the company or wrongdoer, or severely limit those rights.

For example, a company called "Weeks Marine" often tries to convince badly injured workers to sign papers giving up their right to sue.  Weeks Marine has gone so far as to go to the hospital after one of the workers was injured and shove papers in front of them injured worker.

It is a bad idea to give a recorded statement to the insurance company or employer unless you have your own independent attorney involved. 

Why?

Because the real purpose of a "recorded statement" is so the insurance company can trick you into saying something that will hurt your case or allow them to avoid responsibility for paying your claim. 

The insurance company  and their adjusters are skilled at "investigating" the case in such a way that it either allows them to avoid responsibility entirely or significantly reduce the amount of your claim.

The bottom line is that if you were injured at sea or injured offshore, and the insurance company starts trying to talk you into giving a recorded statement, carefully consider not giving a recorded statement without your own independent legal advice.  Otherwise, you may be falling into an insurance company trap.

Lawsuit Against Resolve Marine Group Under Jones Act

Two employees of Resolve Marine Group and its subsidiaries have filed suit against the company, claiming that the captain of one of the companies' boats ran the boat into a jetty, causing the men serious and permanent injuries.

The two men are claiming lost wages, pain and suffering, mental anguish, loss of enjoyment of life, and other damages and injuries.

The Jones Act provides some of the strongest legal protections for personal injury and damage.  For example, in this case, it appears as if an "allision" has occurred.  (An "allision" is a maritime term for striking a fixed object).

Under the Jones Act and general maritime law, when an allision occurs, and someone is hurt, the courts presume that the company was negligent.  This is different from land-based claims, in which the injured person almost always has to prove the company was at fault.

Protect Your Legal Rights

Injured offshore?  Interested in protecting your legal rights?  If so, feel free to call us for a free, no-obligation consulation about the Jones Act, general maritime law, and your case. 

Or, visit our websites to learn more about your legal rights and what we can do for you:

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

I was injured near the shore - How do I know if I fall under the Jones Act or the Longshore Act

Many times, injured workers who are injured on boats or rigs offshore, or on the docks, or while boats are docked and not sailing, etc. will ask me whether they are Longshoremen or Jones Act seamen, or something else.

The answer to this question is absolutely critical in determining your legal rights if you are injured.

So, what is the difference between a Longshoreman and a Jones Act seaman, and how do YOU figure out which one you are?  This article will provide some guidance in answering that question.

How to determine if you are a Jones Act seaman, Longshoreman, or something else

1.  Get a consultation with an experienced martime lawyer.

    The Jones Act, Longshore Act, and maritime law is complicated, complex, messy, and uncertain in many ares.  That specifically includes whether workers are Jones Act seamen or Longshoremen. 

    You would not try to self-diagnose a medical condition, would you?  And you should not try to self-diagnose your legal status under maritime law either.

    Also, make sure the lawyer you talk to knows what he or she is talking about.  Most lawyers don't do maritime law, have no idea what the difference is between a Longshoreman or Jones Act seaman, and will not be able to give you sound legal advice on this issue.

2.  Gather paystubs, work descriptions, etc.

    You need to gather up information on your work history and responsibilities.  What you did, when you did, and for how long will all be important things for your maritime injury lawyer to evaluate.

3.  Check this website often

    We try to keep this website up to date with the latest court cases and maritime law issues.  Hopefully, by reviewing this website, you can answer a lot of questions without ever having to call a lawyer.

General guidance on the difference between a Longshoreman and a Jones Act seaman

So by the time you've got to this part of the website, you're probably ready for an answer other than "talk to a good lawyer." 

This next section will give some general guidance about the difference between a longshoreman and a Jones Act seaman.  It is NOT intended to be legal advice.  This area of the law is too complicated for anything but a face-to-face or phone consultation with a lawyer to give good, solid, reliable legal advice. 

But some general guidelines may be helpful.

Longshoreman

Generally, longshoremen are people who work on the docks, loading and unloading boats and moving cargo around, into, off of, and around boats and docks. 

People who do this work exclusively are probably going to be Longshoremen.  Which means they fall under the Longshore & Habor Workers Compensation Act.

Jones Act seamen

Generally, workers who work over the water for extended periods of time on boats of all kinds, oil rigs, movable platforms, etc. and who go out to sea are considered Jones Act seamen. 

And that means that their legal rights are under the Jones Act, which is a federal statute and series of court case decisions interpreting that law.  The Jones Act is generally better than the LHWCA because there are more "remedies," meaning more opportunity for compensation.

Longshoremen or Jones Act seamen

What about workers who work part time on boats or tugs and part time in the docks or onshore?  What about platform workers?  Or what about maintenance workers who go out to sea on a temporary basis?  What about casino boat workers?  Commercial scuba divers? 

The list of exceptions and complications goes on and on.  That is why you must speak with a lawyer who knows what he or she is talking about when it comes to maritime injury cases.

Best of luck!

About the firm

Our law firm is a firm of board-certified personal injury trial lawyers with extensive experience handling serious personal injury and wrongful death matters, including Jones Act, Longshore, and General Maritime Injury cases.

Mr. Beckcom practices at Vujasinovic & Beckcom, P.L.L.C., a Houston-based law firm with a national practice.

To contact Mr. Beckcom and schedule an appointment to discuss your legal matter or for press inquiries, call toll free 877.724.7800.

To learn more about the firm, visit the following websites:

www.vbattorneys.com (main website)
www.maritimeaccidentattorney.com
www.themaritimelawyer.com


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

Before the Death on the High Seas Act, U.S. Courts did not provide any remedy for wrongful death occuring on the high seas under General Maritime Law. 

Realizing how unfair this was, Congress passed the Death on the High Seas Act (DOSHA).  DOSHA applies to seafarers and passengers.  It provides a statutory wrongful death action and provides remedies for the personal representative of the decedent.

The U.S. Supereme Court, in a series of complex opinions, has held essentially that if the DOSHA controls, the courts were not free to supplement DOSHA's damages with common law damages.  And the Court extended those holdings to Jones Act seaman's death cases, holding that the parents of a deceased Jones Act seaman could not recover loss of society damages because the Jones Act has been interpreted as allowing only pecuniary losses.  (See Miles v. Apex Marine Corp., 498 U.S. 19 (1990).

So in cases where DOSHA applies, wrongful death damages are limited to "pecuniary losses" suffered by surviving family members (although in Jones Act cases, the deceased seaman's personal injury claim survives to his estate).

Also, state wrongful death laws cannot supplement or provide more damages when DOSHA applies.  (See Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207 (1986).

So, what damages are recoverable under DOSHA?

DOSHA allows for "loss of support" damages.  That means survivors can recover the financial contributions the deceased would have made had he (or she) lived.

To recover loss of support, the family must show some sort of dependence or expectation of support. 

The total amount of support is not the decedent's future income.  You have to take out the portions of the future income the decedent would have consumed himself (or herself), reduce the totals to present value, and take out taxes.

Spouses are generally able to get loss of financial support over the decedent's work life.  Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority.  For instance, in some cases, children may be able to recover for the cost of a college education.

Loss of inheritence may also be a legitimate recovery under DOSHA.

Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery.  But to recover these damages, one must put on evidence of the reasonable value of these services.

Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA. 

Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.

Spouses are generally able to get loss of financial support over the decedent's work life.  Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority.  For instance, in some cases, children may be able to recover for the cost of a college education.

Loss of inheritence may also be a legitimate recovery under DOSHA.

Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery.  But to recover these damages, one must put on evidence of the reasonable value of these services.

Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA. 

Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.


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

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

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About the firm

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

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

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

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

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

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

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

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

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

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

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About the firm

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

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Kirby Inland Marine Injury Lawsuit Filed By Injured Worker

Houston, Texas

A tankerman employed by Kirby Inland Marine has filed a lawsuit against the company for personal injury damages.  The lawsuit is brought under the Jones Act and General Maritime Law.

According to the lawsuit, the injured employed was badly hurt as a result of unsafe equipment on a Kirby barge, including unsafe stairs and poor lighting.

The worker claims he qualifies as a Jones Act seaman and is entitled to maintenance and cure, negligence damages, and damages for the unseaworthiness of the vessel.

The worker has hired Brian Beckcom and his law firm, Vujasinovic & Beckcom, P.L.L.C. to represent him in his case.

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

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

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About the firm

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

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Injured Worker Brings Tugboat Injury Claim Against Moran Towing

Gene Ricks, a tugboat worker, is bring a case against his Moran Towing, his employer under theJones Act. 


Mr. Ricks claims that he is a Jones Act seaman.  He claim against Moran Towing is brought under the Jones Act and General Maritime Law. 

Mr. Ricks was working aboard the M/V Greg Turecamo when he was injured.  The M/V Greg Turecamo is a tugboat.  It was called out to rescue another tugboat.  During the rescue, the tugboats were tied together.  One the lines popped and caused severe injury to Mr. Ricks.

Injury at Sea?

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

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

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About the firm

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

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Injured Worker Brings Lawsuit Against Beacon Maritime and Murphy Oil

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

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

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

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

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About the firm

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

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Norweigian Cruse Liens Settles Jones Act Case Filed By Injured Employee

Norweigian Cruse Lines Agrees to Settlement with Injured Worker

Press Release - October 2007, Houston, Texas

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

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

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

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

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

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

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

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About the firm

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

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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.