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

Thank you for your question:

Many workers are exposed to hazardous chemicals or other substances like benzene, asbestos, chlorine, cleaning solvents, etc. as part of their maritime work on vessels, ships, jack-up rigs, oil rigs, and other maritime equipment.

For instance, recently, a worker who was exposed to benzene over the course of his 20 years as a seaman developed non-Hodgkins lymphoma.  The seaman claims that 18 of his former employers were negligent and has sued them under the Jones Act for his damages.

One of the defendants includes Kirby Inland Marine, a defendant our law firm has sued before on behalf of injured seamen.

So, what are your legal rights if you are exposed to benzene, asbestos, or other toxic substances and chemicals offshore?

If you are a Jones Act "seaman," then you can file your case under the Jones Act (see our other articles on the Jones Act on this website.)

If you are not a Jones Act "seaman," then it gets more complicated.

You may have rights under the Longshore & Harbor Worker's Compensation Act.

Under some circumstances you may also have rights to bring a products liability lawsuit claim against the manufacturer of the toxic substance you were exposed to.

Or, your case may fall under the General Maritime Law or the Outer Continental Shelf Lands Act (OCSLA).

The bottom line is if you were exposed to benzene, asbestos, or some other toxic chemical or substance while involved in maritime work, you probably have legal rights.  However, those rights can be taken away if you do not act quickly to enforce them.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

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

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

2.  What is the Jones Act?

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

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

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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

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

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

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

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

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

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


Want to know more about offshore injury claims? 

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

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

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

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

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

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

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

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

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

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

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

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

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

Lawsuit against Capital Inland Marine for injured worker

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

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

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

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

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

Lawsuit Filed Against Blessey Marine for Wrongful Death of Seaman

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

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

What is the Jones Act?

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

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

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

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

Lawsuit Against Resolve Marine Group Under Jones Act

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

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

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

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

Protect Your Legal Rights

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

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

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

Warning to Injured Offshore Workers - DO NOT SIGN ARBITRATION AGREEMENTS

SEAMEN'S ALERT

Houston, Texas - December 22, 2007

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

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

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

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

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

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

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


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

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About the firm

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

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Kirby Inland Marine Injury Lawsuit Filed By Injured Worker

Houston, Texas

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

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

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

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

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

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

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About the firm

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

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Weeks Marine Loses Yet Another Jones Act Appeal

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

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



Are Marine Construction Workers Jones Act Seamen?

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

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

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

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