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

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

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

 

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

 

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

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

 

Maritime Work is Dangerous

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

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

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1. 
How to hire the best lawyer for your Jones Act or offshore injury case

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

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

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

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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

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

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

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

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

Secret #1 that your employer doesn't want you to know if you are hurt offshore

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

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

One of the secrets is that injured Jones Act workers are NOT required to give a recorded statement.

 

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

 

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

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

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

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

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

 

Maritime Work is Dangerous

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

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

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

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

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

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

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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

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

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

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

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

Jones Act and maritime accident lawyer Brian Beckcom on what to do if you are hurt at sea

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

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

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

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

Maritime Work is Dangerous

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

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

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

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

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

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

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

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

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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

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

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

 

About our law firm

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

 

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

Exxon Valdez case - Punitive damages allowed under maritime law

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


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

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

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

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

The silver lining

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

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

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

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

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

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

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

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

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

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

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

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

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

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

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

11.  6 Critical Things you must know if you are injured at sea

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

Jones Act and offshore workers are often mistreated when they are injured offshore

Way Too Many Offshore Workers Are Mistreated When They Are Hurt

    It is a simple fact of life and one that our law firm has seen too many times.  

    A good, hard-working employee is injured offshore on the job through no fault of his or her own.  The employee reports the injury.  The company then either refuses to do an accident report, does a very quick but not very thorough accident report (or even an inaccurate report), and then tries to get the employee to write something or sign something giving away all their legal rights.  

    Sometimes, the company will try to make the hurt employee sign something before they will get them medical attention, a totally improper (and probably unethical) way of doing business.

    We have even seen cases where dredge companies go to the hospital after a worker is injured and try to get the injured worker to sign papers giving away important legal rights while the worker is laying in his hospital bed on medication.

    Even if the injured worker can convince the company to provide medical care, often it will just be a quick exam by a company medic (not even a doctor) who will say the injury is a bruise or blister or some other minor issue.  The medic then gives the injured employee some over-the-counter medication and orders the employee back to work.

    In more serious cases, some companies will provide immediate medical care.  

    But they will provide the care through a company medical facility using company doctors.  And those company doctors will be doing everything they can to save the company money and get the worker back to work before he or she is ready.

    It’s really amazing.  

    There are medical facilities that basically do nothing but provide services for offshore companies and other industrial type companies.  They make hundreds of thousands or even millions of dollars off these companies.

Question:  If the medical facility is making hundreds of thousands of dollars or even millions of dollars off the offshore companies, whose best interest are they going to put first?  Your best interests, or the companies?

    Of course they are going to put the companies’ interest first.

    This does not mean these medical facilities are dishonest or that the doctors are lying.  However, medicine can be an art as well as a science, which means there are gray areas in medicine.  

    If your case is a close call, and the choice is between saving the company money or providing a complete and full medical workup and follow-up care to you, many of these facilities are going to lean towards the saving the company money.

    Once the company has a “release to work” paper from the company doctor, even if you aren’t ready to return, they will pester you and bug you and bother you and call you and write you and demand that you come back to work.

    You know whether you are ready to return.  

    When you are still hurting, and not able to do the hard work it takes to be an offshore worker, if the company makes you go back to work you may hurt yourself even worse.  Or you may be a safety risk to your fellow workers.

    That’s why you want to make sure you are completely healed and better—both for your own health and the safety of your fellow workers.

    But if you don’t return to work when the company wants and on the company’s schedule, then you’re probably going to get fired.  
    
    The company may say you “quit” by not coming back to work.  Or the company may say you “walked off the job” because you didn’t come back.

    Really this is just a way where they can avoid responsibility for firing an injured worker.

    Offshore companies know that there are other workers who are ready, willing, and able to go offshore to make the kind of money that offshore companies pay. 

    So if an employee is injured offshore, even if it’s not his or her fault, they may be out of a job really quickly.

  Want to know more about offshore injury claims? 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.  Not reporting your accident immediately. 

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

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

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

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

3.  Not seeking medical care immediately.

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

4.  Hiding past accidents from your lawyer


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

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

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

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

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

Want to know more about offshore injury claims? 


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

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

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

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

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

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

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

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

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

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

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

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

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







Injured on a Casino Boat? You may have special legal rights under the Jones Act

Many casino workers don't know this, but if they are injured on a casino boat, they may have special legal rights under the Jones Act to make a claim for their injuries and damages.

For example, a security guard working at Argosy’s Alton Belle Casino  recently filed a Jones Act case because, according to the lawsuit, her employer failed to comply with the Jones Act by making her workplace safe and free from hazardous condition, which resulted in her injuries.

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.








Looking for a maritime lawyer in Lake Charles? Consider Kevin Camel and the lawyers at Cox, Cox, Filo, Camel & Wilson

Kevin Camel at Cox, Cox, Filo, Camel & Wilson recently posted a comment on our website about a case his firm handled.

If you have been injured offshore and are looking for a lawyer in the Lake Charles area to handle your case, consider contacting the lawyers at Cox, Cox, Filo, Camel & Wlson.

You can find their website and phone number by clicking here. 

Below is the post Mr. Camel put on our maritime website describing a case his firm handled on behalf of a severely injured maritime worker.
***********

The injured worker should not have to just "suck it up". Despite, or perhaps because of, advances in technology, the offshore industry is the most dangerous industry in which to work. Yet, rather than provide proper care to injured seamen and other offshore workers, the companies discourage them from making a claim for the benefits which they require to recover from their injuries.

Our firm represented a man who was crushed between a fixed crane and a tugger (air-winch) installed aboard the employer's vessel. The defendant employer had installed the tugger within the turn radius of the crane, creating a pinch point between the counterweight of the crane and a protective frame surrounding the tugger. The accident caused severe trauma to the seaman's anus, perineum, and rectum, internal organs, and left hip, resulting in the installation of an artificial bowel sphincter. The man has undergone over forty surgical procedures, including the creation and reversal of a colostomy and numerous debridements under anesthesia. The Jones Act seaman still suffers with severe scarring of his anus and rectum and damage to the sciatic nerve, causing uncontrolled chronic pain.

In addition to maintenance and cure benefits in excess of $1 million, we obtained $10.5 million for the seaman in settlement of his claim for damages against the employer under the Jones Act.

We worked diligently throughout the claim to ensure that the man received all the necessary treatment for his serious injuries.

********************************
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.






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.

Paralyzed Worker Obtains Settlement in Construction Accident Case

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

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

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

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

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

Selecting the Right Lawyer May Be The Most Important Decision You Make
By Brian Beckcom

When you suffer a serious injury working offshore, or if a loved one is killed working offshore, selecting which lawyer will represent you in your case is one of the most important decision you will ever make for your case, if not the most important decision.  If your injury is career-threatening or career ending, or if the family breadwinner has been killed or disabled, obtaining a good monetary result in your case may be the most important thing that could happen financially.

Frankly, not many lawyers handle Jones Act, Longshore, Injury at Sea, or Maritime Injury cases on a regular basis. 

In fact, the vast majority of lawyers have never handled a Jones Act or Maritime Injury case in their entire career.

Now, some lawyers will tell you they have experience or are able to handle your case.  But before you hire a lawyer to handle any offshore injury case, you should consider the following five things:

1.  Don't hire the first lawyer you talk to.  Interview more than one lawyer.  Hiring a lawyer is a very personal decision.  Some lawyers are great for particular clients and some just don't "fit" right.  So shop around a little before making your decision.

2.  Ask the lawyer directly how many offshore injury cases he or she has handled in his or her entire career.  If the lawyer doesn't give you a direct answer, consider finding another lawyer to represent you.

3.  Ask the lawyer if he or she is board-certified in any field of law? 

4.  Find out about past case results by asking the lawyer for a list of case results.  Any competent lawyer should be able to provide this to you relatively easily.

5.  Ask the lawyer whether he has ever published any articles or given any speeches on Jones Act, Longshore, or Maritime Injury cases.  Obviously, it is not necessary for the lawyer to have published articles for he or she to be a good lawyer--but it doesn't hurt.

Remember, hiring a lawyer is a personal decision and you certainly don't have to hire the first one you interview.  You should shop around a little bit, ask the right questions, and only hire an attorney once you are satisfied with the answers to your questions and comfortable with the attorney and his assistants on a personal level.


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About the author

Brian Beckcom is a board-certified personal injury trial lawyer with extensive experience handling serious personal injury and wrongful death matters, including Jones Act, Longshore, and General Maritime Injury cases.

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

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

To learn more about the Mr. Beckcom and his firm's practice, visit the following websites:

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



According to U.S. Supreme Court, railroad workers and Jones Act seaman face same causation standard

In Norfolk Southern Railway Co. v. Sorrell, 127 S.Ct. 799 (2007), the Supreme Court held that the causation standard for an injured railroad worker's conduct (and presumably Jones Act seamen) is the same causation standard for the employer's conduct.

This opinion surprised some.  Many lawyers assumed that railroads, and Jones Act employers, generally had a higher burden because they generally had more control and knowledge than an injured railroad worker or Jones Act seaman.

While the Court did not say what the causation standard should be, a separate opinion by Souter, Scalia, and Alito suggested that is should be the same common law proximate cause standard.

The Norfolk Southern case, while not game-changing, certainly changes the causation standard perspective in FELA case (and, presumably, Jones Act cases case well.

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

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

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About the firm

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

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Man Injured on Norweigian Cruise Line Ship

A Norwegian Cruise Line passenger fell five stories on a cruise ship going from Key West to Miami.  He fell from the 8th floor to the 3rd floor.  the Miami Dade County Fire Department took him to a trauma center.


Injury at Sea?

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


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

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About the firm

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

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Injured Worker Brings Tugboat Injury Claim Against Moran Towing

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


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

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

Injury at Sea?

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


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

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About the firm

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

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Injured Worker Brings Lawsuit Against Beacon Maritime and Murphy Oil

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

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

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

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

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About the firm

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

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Norweigian Cruse Liens Settles Jones Act Case Filed By Injured Employee

Norweigian Cruse Lines Agrees to Settlement with Injured Worker

Press Release - October 2007, Houston, Texas

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

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

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

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

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

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

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

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About the firm

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

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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.

The test for "seaman status" under the Jones Act

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

The Seaman Status Test Under the Jones Act

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

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

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

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

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

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

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


We can help you with your Jones Act case today

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

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

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

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

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

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

We get these questions a lot.

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

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

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

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

So, What Kinds of Cases Will You Accept?

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

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

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

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

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

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

Filing a Jones Act lawsuit

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

We appreciate this question and get it a lot.

1.    Hire an experienced Jones Act lawyer

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

2.    Gather all documentation you have about your case

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

All of this information may be important to your case.

3.    Make sure you are getting proper medical care

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

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

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

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

5.    Prepare yourself for a fight.

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

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

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

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

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

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

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

Thanks very much for submitting this question.

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

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

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

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

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

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

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

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

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

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

Texas Attorney Exposes The Truth About Offshore Injury Cases

Press Release

Houston, Texas July 2007

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

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

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

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

Offshore workers who suffer injury want to know:

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

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

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

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

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

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

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

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

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


Injury at Sea - 6 Critical Things To Know If You Are Injured At Sea

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

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

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

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

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

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

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

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

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

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

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


Jones Act Cases - Venue in Texas After HB 1602


Jones Act Cases in Texas State Court After HB 1602

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

I.    Introduction

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

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

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

A.    HB 1602 - Background

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

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

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

II.  HB 1602 Analysis

A.    FELA railroad workers

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

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

B.    Jones Act – Non-dredge workers

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

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

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

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

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

C.    HB 1602 – Practical effects

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

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

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

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

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

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

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

Diving Accident Law

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

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

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

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

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

Diving Accident & Injuries - Proving Negligence

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

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

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

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

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

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





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

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

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

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

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

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

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

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

What is a Maritime Lawyer, Exactly?

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

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

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

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

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

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

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


Services

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

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

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

  • All Jones Act claims
  • Offshore Oil Rig Accidents
  • Longshoremen
  • Dredge Workers
  • Stationary Production Rig Workers
  • Tug Boat Workers
  • Cruise Ship Workers and Passengers
  • Shrimp Boat Workers
  • Fishermen
  • Trawlers
  • Tankers
  • Crew Boats
  • Ferriers
  • Water Taxis
  • Spar Platforms
  • Jack-up rig workers
  • General Maritime Workers
  • Casino Boat Workers
  • Container Boat Workers
  • Pilots
  • Barge workers
  • Galleyhands
  • Offshore Caterers
  • Captains
  • Relief Captains
  • Tankermen
We represent individuals and their family members.  We do not represent or defend maritime employers, insurance carriers, or Jones Act employers.

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

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

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

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

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

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

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

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

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

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