Archive for May, 2011

While there are millions of people employed in the maritime industry, many of these hard workers do not have a full understanding of the Jones Act. The Jones Act is a critical part of the maritime industry. It provides protection to the workers that suffer injuries on the job. It is comparable to Workers’ Compensation, only it is strictly for maritime workers. The Jones Act makes it possible for an injured seaman to receive compensation for his or her injuries, including lost wages and recovering medical costs. Without the Jones Act, many seamen would be left without any means of financial support after an injury.

When a seaman is injured during the course of his or her employment, retaining a qualified Jones Act attorney should be one of the first actions the seaman takes. One seaman made this decision after his injury aboard a vessel. A captain suffered an injury to his back when he fell through an open hatch. The hatch had been left open by another captain. The captain retained an experienced Jones Act attorney to handle his Jones Act claim. The defendants in this case tried to blame the captain for his injury. Their argument – the hatch was an “open and obvious” danger, something that the captain should have easily seen and avoided.
The experienced Jones Act attorneys representing the captain quickly shot down this defense. With practiced courtroom techniques, the attorneys brought in an expert who provided an animated recreation of the accident. The animation was able to show the view of the open hatch from the captain’s perspective. It was clear that the hatch was not an obvious danger. After only ten days of trial, the defendants settled the case for $1.6 million.

If you, or someone you know, have been injured aboard a vessel, you have rights, too. A Jones Act claim can help ensure that you receive your just compensation. Instead of blindly trusting your employer to provide for your financial and medical needs, contact us toll free at 1-800-Jones-Act for free legal advice.

The maritime industry is an industry where many people make their living. For some, a love of the water draws them to the maritime industry and they find work aboard a vessel. For others, their employment is found on the docks or on oil rig platforms. The many jobs of the maritime industry are a way of life for millions of people. This way of life is also the cause of many injuries. While all industries pose some sort of risk, the maritime industry can be particularly risky. Maritime workers understand the risks pertaining to their job and do their best to take the necessary precautions to stay safe. However, accidents do happen.

Ernesto Tamez was the victim of a maritime accident. He was pinned between an oil burner and a handrail when a crane operator accidently swung the oil burner towards Tamez. Being pinned in such a manner caused back, neck and shoulder injuries. Luckily, Tamez hired an experienced Jones Act Lawyer to handle his case. The experienced Jones Act Lawyer devoted time and effort into Tamez’s claim because he knew that the employer was at fault. The defendant tried to place the blame on Tamez and even implied that his injuries were not from the accident but from his age.

However, Tamez’s lawyer argued a phenomenal case. With the help of an interpreter for Tamez, who did not speak English, the lawyer was able to prove that Tamez was not at fault. The jury in this case awarded Tamez $1.72 million for his injuries and lost wages. This case demonstrates how quickly an accident can happen and the need for a qualified attorney. Without a good attorney, Tamez may not have received any money at all.

If you, or someone you know, have been hurt on the job, contact the Ogletree Abbott Law Firm toll free at 1-800-799-4950 as soon as you can. You could be entitled to more money than you realize and your attorney can help you file your claim.

Accidents in the maritime industry are common. It is a dangerous industry and seamen can get hurt while performing their jobs. There are even instances when standard safety drills can lead to injury. Lifeboat drills are one particular area where injuries often occur. It might seem strange that a practice drill could lead to injuries but it happens a lot. One seaman suffered an injury during a lifeboat drill that completely changed his life.

The seaman was taking part in a standard lifeboat drill aboard the vessel of his employment. During a lifeboat drill, a wench is used to raise and lower the lifeboat into the water. The seaman was injured when the brake for the wench failed. The wench handle spun out of control and struck the seaman in the head. Fortunately, he was wearing a hard hat, which provided some protection. The wench handle dented the hard hat and fractured his skull. The seaman also suffered fractures in the bones in his ears. Ultimately, the seaman lost all hearing in one ear and part of his hearing in the other. He also suffered from dizzy spells.

With the help of qualified Jones Act Lawyer, the seaman was able to file a claim against his employer. The claim was filed on the grounds that the vessel was unseaworthy because the wench failed. The Jones Act lawyers in this case were able to show that the wench was being used under normal conditions and the seaman was not at fault. The claim was settled quickly, for the amount of $700,000.

If you, or someone you know, have been the victim of a maritime injury, you need the help of a qualified Jones Act law firm. A qualified Jones Act attorney will have a full understanding of maritime law and can assist you in seeking financial compensation.

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Since many different kinds of workers fall under the protection of the Jones Act, it is a good idea to have a general understanding of the Jones Act. Depending on your particular line of work, if you are injured, you could have a Jones Act claim on your hands. An experienced Jones Act attorney is the best way to learn about your rights and if you have a claim. One such claim was recently settled for a deckhand aboard a fishing boat.

The deckhand was in the process of preparing a large pile of fishing nets to be placed aboard the fishing boat. The pile of nets weighed more than 20,000 pounds. It was secured with a strap that was supposed to be tightened down by a forklift. However, the strap was not properly secured to the forklift and when the forklift operator tried to pull on the strap, the strap came loose. The deckhand fell from the top of the fishing nets onto the dock. The fall resulted in a fractured arm.

With the help of experienced Jones Act attorneys, the deckhand filed a Jones Act claim. Even though he was working on the dock at the time of the accident, he was still covered under the Jones Act because he was performing work for the fishing vessel. Had the deckhand not consulted with a Jones Act law firm, he might not have known that his injury was covered under the Jones Act. The claim was settled for $400,000.

If you, or someone you know, have suffered an injury while performing maritime work, contact a Jones Act law firm for advice. Even if the injury did not occur on the actual sea, you could still be entitled to monetary compensation under the Jones Act. Your Jones Act attorney will be able to assist you in understanding your rights and filing your claim.

 

If you are employed in the maritime industry, you know how important it is to have a safe working environment.  The maritime industry can be quite dangerous.  Without a safe working environment, injuries can happen more often and sometimes be quite severe.  Jones Act attorneys understand the importance of a safe working environment.  When they are presented with a possible Jones Act claim, they can quickly assess the situation and decide if an unsafe working environment was the cause of the injury.  When employers do not upkeep the working environment properly and seamen are injured, the employers have a responsibility to provide compensation.  A skilled Jones Act attorney can help seamen get this compensation.

A 55-year-old seaman was working aboard a vessel when the vessel’s gear came loose.  The vessel lost its gear in the water.  The seaman was assigned the task of retrieving the gear with a jilsen hook.  As he was hauling the gear aboard, the hook came loose and the gear struck him.  The resulting injuries – dislocated shoulder, herniated disc in the back, abdominal injuries, tear on the rotator cuff, kidney hematoma, and a laceration to the liver.

The seaman hired a Jones Act attorney to assist him with his Jones Act claim against his employer.  The attorney argued that the defendant did not provide a safe working environment.  The reason behind this argument was the fact that numerous defects in the equipment holding the gear in place had been pointed out to the captain.  However, no repairs were ever made.  If repairs had been made, the gear never would have come loose and the seaman would not have been injured.  It was also argued that the procedure for retrieving the gear was unsafe.

Before the case went to trial, a settlement of $500,000 was reached.  If you, or someone you know, have a possible Jones Act claim on your hands, contact an experienced Jones Act attorney for advice.  You deserve compensation for your injuries and your lost wages.

 

Injuries in the maritime industry do not always happen to actual employees.  Sometimes, students at maritime academies suffer injuries.  When this type of incident occurs, it is essential that the injured student seek the advice of a Jones Act lawyer.  All maritime injuries need to be investigated and an attorney might decide to file a Jones Act claim.  Whether you are an injured employee or an injured student, you have rights under the Jones Act.  Let your Jones Act attorney help you with your case and seek compensation for your injuries.

One maritime academy student was in his senior year of studies.  Part of his coursework required him to have some sea time – essentially, he had to put in hours aboard a vessel on the sea.  The student took part in a training trip at sea.  When the vessel he was working on was leaving a port, the student was on the stern.  He was holding a line attached to a tug that was pulling the vessel out of the port.  According to the student, all of a sudden, the tug sped away.  The line became tangled around the student’s leg.  He was pulled into a piece of equipment and his ankle was severed.

With the help of experienced Jones Act attorneys, the student filed claims against the owner of the tugboat and against the maritime academy.  His attorneys argued that the academy was negligent because the students were not properly supervised.  They also argued that the tug was negligent because of the lack of communication between the vessels.  Before the trial started, a settlement was reached.  The student ended up with a settlement close to $750,000.

If you, or someone you know, have been injured in the maritime industry, contact a Jones Act attorney to help you with your case.  You may need to file claims against more than one party.  Your Jones Act lawyer will assist you in filing your claims and seeking your reward.

 

When you are working in the maritime industry, you have to be prepared for everything.  Even safety training can take a wrong turn and lead to injuries.  An interesting Jones Act case involved a safety drill gone wrong.  Two seamen were lowered over the side of a vessel in a lifeboat.  When the two men were busily undoing the lifeboat from the vessel, the vessel unexpectedly started to move.  It ended up dragging the lifeboat until it capsized and the men were thrown into the water.  One of the men became tangled in the line and was pulled underwater and dragged for about 400 feet.

The second man was picked up by another vessel and delivered back to the offending vessel.  When he arrived, he jumped off and rescued the other man.  No one else attempted to rescue either of the men when they were in the water.  The seaman that had been underwater required CPR to save his life.  Both men ended up being treated for post-traumatic stress disorder because of the incident.

Both seamen retained Jones Act attorneys and filed claims against their employer.  It was brought to light that the captain of the offending vessel had forgotten his radio, making communication delayed. This was the reason why no one attempted rescue efforts right away.  However, both seamen claimed that they were unable to return to their normal jobs because of the PTSD.  The Jones Act attorneys in this claim were able to garner a settlement of $1.1 million for the injured seamen.

This particular case did not involve bodily injury the way many Jones Act claims do.  This case involved a disorder that rendered the two seamen unable to work.  With the help of their Jones Act lawyers, the men were able to find some financial compensation to help support themselves and their families in the future.  If you, or someone you know, have suffered a physical or mental injury in the maritime industry, contact an experienced Jones Act law firm for legal advice.

 

There are many different jobs in the maritime industry.  Some people work on the vessels as crewmembers.  Others are commercial fishermen. Still others have jobs at the ports and docks.  All of the jobs in the maritime industry are important.  Everyone has something to do that keeps the industry running smoothly.  The Jones Act provides protection for many of these maritime workers.  When an injury occurs, workers can contact Jones Act attorneys for advice and to potentially file a claim.

One such injury occurred and, unfortunately, it did not have a positive outcome for the injured party.  A maritime worker was crushed between rows of containers at a port where he was employed.  A flatbed trailer had hit the containers, causing them to fall and the worker to be killed.  While his death can never be reversed, his family took the appropriate legal actions.  They contacted an experienced Jones Act attorney and a claim was filed.

The Jones Act attorney in this case argued that the area where the containers were kept was not constructed in a safe manner.  The layout was not large enough for trailers to easily maneuver.  On the day of the trial, the defendant in this case offered a settlement of $1.45 million and the deceased worker’s family accepted the offer.  The money will help provide for the worker’s spouse and children for the rest of their lives.

If you have lost a loved one to a maritime accident, contact a Jones Act attorney as soon as possible. There is a good chance that your attorney will file a claim to seek financial compensation for you and your family.  Death in the maritime industry is, unfortunately, common and surviving family members have the right to be compensated for their loss.  An experienced Jones Act law firm will know exactly what steps you need to take.

 

When you are employed in the maritime industry, you need to understand your rights as far as when you are injured.  The Jones Act provides a certain level of protection to maritime workers that are injured on the job.  When a maritime worker is injured, he can hire a Jones Act attorney to file a claim against his or her employer.  The claim normally involves medical expenses and lost wages.  In cases of injuries that result in permanent disability, the claims can involve future lost wages.  An experienced Jones Act attorney will help the injured party receive fair compensation.

One recent Jones Act claim resulted in a hefty judgment for the plaintiff.  Gilberto Villegas was employed as a ship repairman for APM Terminals in the Port of Houston.  He was involved in a collision that resulted in a serious neck injury.  The injury was so severe that Villegas eventually had to have surgery. The defendant, APM Terminals, tried to argue that the collision could not have caused such a serious injury because the speed was only 1 or 2 miles per hour.  They also stated that Villegas had complained about neck problems before the accident.

A meager settlement offer of $35,000 was put on the table and promptly denied by the plaintiff.  The Jones Act attorney retained by Villegas successfully argued his claim in front of a jury.  The jury awarded Villegas an award of $1.55 million.  Once again, the knowledge and expertise of a Jones Act attorney shines through.  Villegas has more than enough money to provide for his medical and personal needs for the rest of his life.

If you, or someone you know, have been injured in a maritime case, you could have a Jones Act claim against your employer.  Contact an experienced attorney for legal advice.

 

Another Jones Act case was recently settled by a diligent Jones Act law firm.  Working hard for their client, the law firm presented a claim that could not be denied.  In the case, an oil platform worker was being transferred between a crew boat and a rig.  The operator of the basket made a mistake and dropped the basket too fast, causing the worker to suffer a back injury.  Specifically, he ended up with a herniated disk that later required surgery.

The worker retained the services of an experienced Jones Act law firm because he knew he needed help. The law firm went to bat for him and the defendant settled the claim for $900,000.  Without the assistance of the Jones Act law firm, this worker probably would not have received such a generous settlement.

When working in the maritime industry, there is always a risk of injury.  However, the Jones Act makes it possible for maritime workers to seek monetary compensation when injured.  In this particular case, the worker now has a way to pay for his medical expenses and provide for his basic needs.  Without a Jones Act attorney on his side, he might have simply suffered in silence or accepted an unfair amount for his injuries.

If you, or someone you know, have been injured in the maritime industry, consider your options.  You can settle with your employer on your own, leaving yourself vulnerable to their demands.  On the other hand, you can hire a law firm specializing in Jones Act claims and let them handle your case for you.  To keep your peace of mind, do not try to fight the bosses on your own – let your Jones Act attorney do it instead.  Your employer owes you for your injury.  You owe it to yourself to have the best legal representation possible.