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

We are pleased to announce that one of our clients, a commercial diver who works offshore, has obtained a settlement against his employer and a lift boat company following serious injuries he sustained while diving offshore.

Our client was employed by Seamar Divers and worked on a Montco Offshore lift boat.  According to their websites, Seamar Divers provides offshore commercial divers, subsea construction, and subsea fabrication services to the oil and gas industry.  Montco Offshore provides lift boats to the offshore industry.

Our client was hurt when the Seamar supervisor failed to monitor the dive properly, resulting in our client getting "the bends."  The Montco crane operator brought him up too quickly and dropped him too hard on the deck of the lift boat, resulting in severe orthopedic injuries.

After working on the case for less than a year, we were able to negotiate a settlement that takes care of all medical bills, expenses, attorney fees, and still leaves a substantial monetary recovery for our client to invest or spends how he wants.

Did you know commercial divers may be covered by the Jones Act or maritime law?

Many commercial divers (and probably even a lot of lawyers) do not realize that commercial divers may be covered by the Jones Act and general maritime law if they are injured offshore.

To learn more about commercial divers and their rights under the Jones Act, read the following article:

Are Diving Accidents Covered by the Jones Act?

Want to know more about offshore injury claims? 

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

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

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

2.  What is the Jones Act?

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

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

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Any ship, rig, barge, or boat owner who doesn't use non-skid or non-slip coatings or surfaces whether workers walking (any walking or working surface) is not living up to his responsibility to protect workers on the vessel from injury.

Maritime work can be some of the most rewarding types of employment you can find, both personally and financially.  Maritime work can involve working on a jack-up oil rig in the Gulf of Mexico, a transport vessel plying the open oceans,  working barges in the intercoastal waterways or Mississippi River, or anything else involving working on the rivers or open seas. 

But maritime work can be hazardous if the ship or barge owners do not take proper precautions to protect employee safety.

One of the more common causes of injuries on boats, barges, offshore oil rigs, and other floating vessels involves slips and falls. 

Since maritime work necessarily involves working over, near, in, or around water, the walking and working surfaces get wet.  And that means slippery conditions.  Plus, the stairways and ladders on boats and rigs are often in tight quarters and very steep, making them even more potentially dangerous.

Slips and falls can result in extremely serious injuries.  Broken bones, back and neck injuries, knee, shoulder or elbow injuries, and even serious head injuries can result from slips and falls.

How do you protect yourself?

First, always try to be aware of where you are working and walking.  Keep floors and other walking and working surfaces free of debris, water, grease and other slippery substances.  Clean up spills as soon as they occur.

More important, perhaps, the captain or vessel owner should ensure that all walking and working surfaces are coated with some sort of non-slip or non-skid materials.  Anyone who works offshore knows that it is impossible to keep the surfaces clean of debris or slippery substances 100% of the time.  That's why it's so important for the shipowners to coat the walking surfaces with non-slip materials.

Any ship or vessel owner who doesn't maintain properly non-slip walking or working surfaces is not keeping the vessel properly maintained and could be liable under the Jones Act to any worker who is injured as a result.

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

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

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

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

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

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

Good luck.

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

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

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

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

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

Why?

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

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

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

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

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

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

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

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

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

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

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

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About the firm

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

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At Vujasinovic & Beckcom, our law firm represents oil and gas workers who have been injured in the Gulf of Mexico, the Atlantic and Pacific, and across the world in various oil and gas operations.  We also represent the family members of those oil and gas workers killed during their offshore employment.  (To learn more about your legal rights, feel free to visit our main website at www.vbattorneys.com or call us with your questions.).

Some of the most frequent types of injuries include injuries on Jack-up drilling rigs and oil platforms, boating and vessel injuries, diver injuries, and helicopter injuries. 

There are four very important things you must know if you were injured offshore working with an oil and gas company or in a supporting role:

1.  Most lawyers do not have any experience at all representing offshore oil and gas workers.  These claims are highly specialized, complicated, and expensive.  You need to make certain that the lawyer you hire has experience with these types of claims.

2.  Your claim may fall under one of four different legal remedies.  They are the Jones Act, General Maritime Law, Longshore & Harbor Worker's Compensation Act, and the Outer Continental Shelf Land's Act.  Each set of laws is very different and it takes an experienced offshore lawyer to help you navigate your way to the best possible recovery.

3.  You are generally entitled to medical care if you are injured offshore in the oil and gas fields, regardless of who was at fault.  And you aren't necessarily required to go to company doctors.

4.  If you suffered a serious injury, you may be entitled to appropriate and fair compensation.  And unlike many state-based laws where the compensation is completely inadquate (like worker's compensation), offshore oil and gas injury claims generally entitle prevailing party to much more reasonable and fair compensation.

For more information, you can contact our law firm by visiting our main website, www.vbattorneys.com.

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(Note to readers: The reason we haven't added to the site in the past few weeks is that our law firm has been trying a major wrongful death lawsuit against Nabors Drilling International, Limited involving a shooting death in the Middle East.)

Offshore Oil Rig Injury Claims - Background & Suggestions

Our law firm is principally located in Houston, Texas, just minutes from the Houston Ship Channel and less than an hour from the Gulf of Mexico.  The Gulf of Mexico is one of main offshore oil and natural gas drilling sites in the world.  In the past few years, business has been booming.  More and more workers are sent offshore to work on oil rigs, the oil companies and support companies have made more and more money, and, unfortunately, more and more offshore oil rig workers have been injured or killed.

We get calls on offshore oil rig injury claims every week.  One of the most asked questions is "what law covers an injured offshore oil rig worker?," or "what are my legal rights as an offshore oil rig worker?"

The answer to the question is not simple, and our first piece of advice to these workers is to make sure that whatever law firm you hire, that the lawyers have real, extensive experience handling offshore oil rig injury claims.  The law is incredibly complicated, and the vast majority of lawyers and law firms have no experience handling offshore oil rig injury claims.

The second piece of advice is that offshore oil rig injury claims may be covered by the Jones Act, the General Maritime Law, the Longshore & Harbor Worker's Compensation Act, or the Outer Continental Shelf Land's Act case.  It depends almost entirely on the specific facts of the case, where the injured oil rig worker was assigned, what type of structure he or she was working on, how long he or she had been assigned, etc.

Employers will often attempt to force injured offshore oil rig workers to accept legal rights under the least favorable set of laws, thinking that the injured offshore oil rig worker won't know the difference, or will be so desperate for money and medical care that they will take the first offer made, even if it's a bad offer. 

Don't fall victim to this type of tactic.  The experience offshore oil rig injury lawyers know how to position your case and get you benefits and legal compensation under the most favorable and appropriate law.  Also, the offshore oil rig injury lawyers will help you financially survive during your time off from work, and will ensure that you can afford to see good doctors if the company won't agree to help with you medical care.

Oil rig work is rewarding but can be dangerous.  If you have an offshore oil rig injury claim, don't trust your case to the first lawyer you talk to, and don't rely on your employer for legal advice.  Get competent offshore oil rig injury lawyers on your side immediately.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Conclusion

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

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

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

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

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

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

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

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

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

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

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

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Injured seamen are entitled to maintenance, cure and unearned wages.  However, some Jones Act employers refuse to pay maintenance, cure and/or unearned wages.

Injured seamen can bring claims beyond the traditional worker's compensation remedies.  Specifically, injured seamen are entitled to payment for related medical treatment, payment of compensation during their period of disability, and payment of unearned wages.  In addition to these worker's compensation-type remedies, injured seamen can also bring negligence claims and unseaworthiness claims against their employer.

The rest of this post explains the entitlement to maintenance and cure and unearned wages in more detail:

Entitlement to Maintenance and Cure Generally

A seamen's employer is responsible for paying maintenance and cure for an injury or illness that occurs in the course and scope of an injured seaman's employment.  This is a centuries-old obligation and arises from the employment relationship between the injured seaman and his or her employer.  The obligation to pay maintenance and cure arises irrespective of fault or negligence.

A seaman is also entitled to unearned wages from his employer until he or she is fit for duty or they are no longer disabled.

The right to "Maintenance."

Maintenance is designed to compensate an injured seaman for room and board he would have received on the vessel had he or she not been injured.

Generally, maintenance payments range between $15 - $40 per day.  Many lawyers for injured seaman have argued for higher maintenance payments, but courts have not been particularly receptive to this argument.

The obligation to pay maintenance continues until the seaman reaches "maximum medical improvement," which is defined as the point at which all future medical care is "palliative" in nature only.

The right to "Cure."

Cure means medical treatment.  Like maintenance, cure is not dependent on negligence or fault.  A seamen is entitled to cure until he reaches maximum medical improvement.  Injured seamen must mitigate their medical expenses to the extent possible, but the seaman's employer bears the burden to prove that medical expenses are excessive or unreasonable or unnecessary.

The right to "Unearned Wages."

Seamen are entitled to wages they would have earned had they not been injured.  For example, if a seaman is injured at the beginning of his or her work on an offshore mobile drilling rig or a ship, he or she will be entitled to what they would have been paid had the injury not occurred.

The right to maintenance and cure should be resolved in favor of injured seaman.
 
The law on a seaman's entitlement to maintenance and cure is well-settled.  Courts have consistenly held that all doubts or ambiguities with respect to entitlement to maintenance and cure should be resolved in favor of the injured seaman. 

If an employer wrongfully or willfully denies maintenance and cure, they may be required to pay an injured seaman's attorney fees for obtaining maintenance and cure.

Conclusion.

Injured seaman are entitled to maintenance, cure, and unearned wages regardless of fault or negligence if they are injured or contract an illness while in the service of a ship.  However, some employers refuse to provide maintenance, cure, and unearned wages.  This is unfortunate but all too common.

Like any maritime dispute, an injured seaman should consider consulting an experienced maritime lawyer if his or her employer wrongfully refuses to live up to their maintenance, cure, and unearned wages.

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Injured seamen and offshore workers often ask me to explain their possible remedies under the Jones Act and to explain the Jones Act to them. 

The Jones Act is really a pretty straightforward set of rules first passed by Congress is 1920 and known as The Merchant Marine Act of 1920.  The statute itself is short.  Although the statute is short and can be read in less than 5 minutes, like ship that's been in the water a long time, the Jones Act has a lot of barnacles in the form of Court opinions that interpret it's provision.

With that in mind, here's a simple explanation of the Jones Act.

The Jones Act requires, first, that U.S.-flagged vessels be built in the United States, owned by U.S. citizens, and documented under the laws of the United States. Documented means "registered, enrolled, or licensed under the laws of the United States."  In addition, all officers and 75% of the crew must be U.S. citizens. Vessels that satisfy these requirements comprise the "Jones Act fleet".
The Jones Act restricts the carriage of goods between United States ports to United States flagged vessels.

Second, and more important to injured maritime workers, the Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew.  It operates simply, by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors.

The language that gives injured seaman the right to recover damages for injuries suffered offshore is only one paragraph long:

"Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply. . . ."

An injured seamen has three legal remedies. The first is the right to "maintenance and cure," the second is under the Jones Act, and the third is under the doctrine of unseaworthiness. A simple analogy which, while not completely accurate, provides an easy way to distinguish between the three remedies is this: Maintenance (living expenses during recovery) and cure (medical care) is like workers' compensation. A shipowner is required to provide maintenance and cure regardless of whether or not it was negligent in causing the seaman's injuries. The Jones Act is essentially a negligence cause of action. If the shipowner isn't negligent, it has no liability to the seaman under the Jones Act. Unseaworthiness is like products liability law--if the ship or any of its appliances are defective, the seaman can sue the shipowner if he is injured due to the defect.

The Jones Act entitles injured sailors to recover past and future wage losses, medical care, and pain and suffering--elements of damages which are generally unavailable under maintenance and cure. Under maintenance and cure the shipowner is only required to provide medical care until the seaman reaches maximum medical cure, after which the duty comes to an end.

The Jones Act should not be confused with the Longshoremen's and Harbor Workers' Compensation Act, which is a Federal statute that defines the workers' compensation rights of dockside employees whose work affects shipping upon navigable waters. The Death on the High Seas Act governs remedies for the surviving kin of sailors who die on the job.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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In a wonderful victory for Jones Act seaman and injured maritime workers generally, last year, the United States Supreme Court decide Stewart v. Dutra, a case involving whether an injured dredge worker was a Jones Act "seaman" and whether the dredge he was on was a "vessel" for Jones Act purposes.

The case is a must-read for all maritime attorneys and is recommended for Jones Act seaman and maritime workers generally.

The U.S. Supreme Court decided, essentially, that anything "practically capable" of moving across the water, whether it does so or not, is a "vessel" for Jones Act purposes.

You can find the case by clicking here.

I've also set forth some of the more important parts of the case below.

1.  The Jones Act was enacted in 1920 to remove a bar to negligence suits by seaman.  The Act itself does not define "seaman," but the general backdrop of maritime demonstrates that "seaman" was and is a term of art under general maritime law.  Unlike sea-based workers, land-based workers injured offshore are covered by the Longhsore & Harbor Worker's Compensation Act (the "LWHCA").  The LWHCA excludes from coverage the "master or member of the crew of any vessel."  The Jones Act and LWHCA work together--one provides coverage for "seaman," and the other for land-based worekrs.

2.  The LHWCA did not define “vessel” when enacted, but §§1 and 3 of the Revised Statutes of 1873 specified that, in any Act passed after February 25, 1871, “ ‘vessel’ includes every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” The LHWCA is such an Act. Section 3’s definition has remained virtually unchanged to the present and continues to supply the default definition of “vessel” throughout the U.S. Code. Section 3 merely codified the meaning “vessel” had acquired in general maritime law. In fact, prior to the passage of the Jones Act and the LHWCA, this Court and lower courts had treated dredges as vessels. By the time those Acts became law in the 1920’s, it was settled that §3 defined “vessel” for their purposes, and that a structure’s status as a vessel under §3 depended on whether the structure was an instrument of naval transportation. See Ellis v. United States, 206 U.S. 246, 259. Then as now, dredges served a waterborne transportation function: In performing their work they carried machinery, equipment, and a crew over water. This Court has continued to treat §3 as defining “vessel” in the LHWCA and to construe §3 consistently with general maritime law. Norton v. Warner Co., 321 U.S. 565. Pp. 6—10.

3. Previous cases made a sensible distinction between watercraft temporarily stationed in a particular location and those permanently anchored to shore or the ocean floor. A watercraft is not capable of being used for maritime transport in any meaningful sense if it has been permanently moored or otherwise rendered practically incapable of transportation or movement. By including special-purpose vessels like dredges, the act is broad, but other prerequisites to qualifying for seaman status under the Jones Act provide some limits.   For example, a worker seeking such status must prove that his duties contributed to the vessel’s function or mission and that his connection to the vessel was substantial in nature and duration.

4.  The First Circuit held that the Super Scoop is not a “vessel” because its primary purpose is not navigation or commerce and because it was not in actual transit at the time of Stewart’s injury. Neither prong of that test is consistent with §3’s text or general maritime law’s established meaning of “vessel.” Section 3 requires only that a watercraft be “used, or capable of being used, as a means of transportation on water,” not that it be used primarily for that purpose. The Super Scoop was not only “capable of being used” to transport equipment and passengers over water–it was so used. Similarly, requiring a watercraft to be in motion to qualify as a vessel under §3 is the sort of “snapshot” test rejected in Chandris.    That a vessel must be “in navigation,” means not that a structure’s locomotion at any given moment matters, but that structures may lose their character as vessels if withdrawn from the water for an extended period. The “in navigation” requirement is thus relevant to whether a craft is “used, or capable of being used,” for naval transportation.    The inquiry whether a craft is “used, or capable of being used,” for maritime transportation may involve factual issues for a jury, but here no relevant facts were in dispute. Dutra conceded that the Super Scoop was only temporarily stationary while the scow was being repaired; it had not been taken out of service, permanently anchored, or otherwise rendered practically incapable of maritime transport. Finally, Dutra conceded that the Super Scoop is a “vessel” under §905(b), which imposes LHWCA liability on vessel owners for negligence to longshoremen.

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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.

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