Archive for July, 2011

As a maritime worker, you understand the risks you take when performing your job. The maritime industry can be a dangerous industry. Fortunately, the Jones Act provides certain rights and protections to you and all other maritime workers. If you are hurt in a Jones Act accident, you have the right to hire an attorney and seek compensation for your injuries. Seeking compensation may be the only choice you have to pay for your medical and living expenses. This may not be an easy process, but an experienced Jones Act attorney will do everything possible to make it go quickly and smoothly.

A maritime worker was involved in a Jones Act accident that left her with a neck injury. The worker was injured when cans rolled off a shelf, striking her in the head. The multiple blows to her head wound up injuring her neck. She sought medical treatment and, although surgery was not recommended, she still suffered from pain and discomfort. The worker decided to speak with an attorney about her Jones Act accident and see what options she had. The attorney recommended filing a claim against her employer for not providing a safe working environment.

The employer was not open to settlement negotiations because they did not feel that the workers injury was serious. They did not believe it was serious because she did not need immediate surgery. However, the worker’s Jones Act attorney was not afraid of going in front of a jury. The attorney was confident in his legal abilities and in the strength of the worker’s case. After presenting the case and supporting evidence in front of a jury, an award was given to the injured worker. The jury awarded her over $1 million for her injury, lost wages and other expenses.

This case shows that, while not all cases settle, if your case goes to a jury, your attorney will fight for your rights. Jones Act attorneys are skilled and educated in maritime law. They understand the complexities, the ins and the outs, and they will argue your case aggressively. If you, or someone you know, have been hurt in a Jones Act accident, speak with an attorney. You, too, could be entitled to compensation.

 

Sometimes, the only choice you have after a maritime accident is to seek legal counsel. Maritime law firms specialize in maritime law and will advise you on your rights and options. You may have to file a maritime claim against your employer to force financial compensation. After all, if your injury led to lost wages, medical expenses or permanent disability, you deserve to be compensated for these things. A Jones Act lawyer will assist you in seeking that compensation in court. Your attorney understands maritime law and will work hard to ensure your success in the court system.

A 63-year old seaman was employed on a barge in the Gulf of Mexico. As the seaman was being transferred from a tugboat to the barge in a crane basket, trouble struck. The basket became tangled up in equipment on the barge. The operator of the crane could not see the basket or the tangled situation. The operator kept lifting the basket up. Eventually, the basket broke loose from the tangled mess and when it did, it abruptly jerked upward. The motion was so intense that it threw the seaman right out of the basket and onto the deck below. The worker suffered various injuries to his back and ribs from the twenty-foot drop.
Like many other seaman before him, the worker went to an attorney that specialized in maritime accidents. A claim was filed against his employer. The worker’s injuries were not life-threatening and he was able to eventually return to work. The claim was resolved quickly and with minimal hassle. The employer settled out of court for $250,000. Even though this is not a terribly large amount, it was enough to cover medical expenses and lost wages. The seaman’s attorney worked hard to achieve a settlement that was fair and reasonable for the injuries.
If you, or someone you know, are in a similar situation, contact a maritime attorney for advice. Your injuries do not have to be severe or debilitating to require compensation. You do not have to be unable to work to qualify for compensation. If you are injured in a maritime accident, an attorney can and will help you seek a fair and just award or settlement.

 

Jones Act accidents can lead to life-threatening injuries or just a few days off work. In many cases, your employer will willingly pay maintenance and cure for you while you are unable to work. Maintenance and cure will help pay your bills and keep you afloat until you can work again. In other cases, employers will refuse to pay maintenance and cure, leaving you with no choice but to seek legal help. The Jones Act gives you the right to hire your own attorney and file a claim against your employer. The Jones Act also makes it illegal for your employer to retaliate by firing you for the filed claim.

One seaman experienced this exact situation. The seaman was working aboard a vessel in Alaska. He was trying to lift a large and heavy piece of sheet metal. He was offered no assistance in this task. As he was lifting the sheet metal, he injured his back. He followed the standard procedure for Jones Act accidents and sought medical treatment for his injury. His physician recommended further treatment. Even though the seaman’s employer was made aware of the injury and the doctor’s recommendation, the employer refused to pay maintenance and cure to the injured worker.

The seaman had no choice but to seek the help of an experienced Jones Act attorney. His attorney evaluated the case and filed a Jones Act claim. The attorney was able to prove that the injury could have been avoided, had the employer provided the seaman with assistance during the heavy lifting. The employer was negligent and had a responsibility to provide maintenance and cure – a responsibility that was ignored. The employer settled with the injured seaman for $1.6 million.

When you are hurt in a Jones Act accident, you are entitled to maintenance and cure. If your employer denies you this basic right, an attorney can help you. If you ever find yourself on the losing end of an employer/employee battle over maintenance and cure, find a Jones Act attorney. Your attorney will help you seek financial justice for your injuries and the maintenance and cure that was denied to you.

 

The next time you head off to your job in the maritime industry, stop and think for a moment about the “what ifs”. What if you were injured in a Jones Act accident? How would you pay your medical expenses? Who would pay your living expenses while you healed from your injury? What would happen to you and your family if your injury left you disabled? These questions may not be pretty questions but they are ones that need answers. You need to understand your rights as a maritime worker under the Jones Act. You need to know what you will do if you are ever hurt on the job.
Back injuries are some of the most common injuries sustained from Jones Act accidents. If you think about it, this makes sense. When you are working aboard a moving vessel, especially in rough seas and bad weather, you not only have to put additional strain on your back just to keep your balance, slips and falls happen all too often. A seaman that hurt his back recently settled his Jones Act claim against his employer. The seaman was working aboard a vessel at sea during less-than-ideal weather and water conditions. The rough seas led to more and more water being thrown on the already-slippery deck. Even in these conditions, the seaman was still ordered to clean up as much of the water as possible. Needless to say, he slipped, fell and hurt his back.
With the help of an experienced Jones Act lawyer, the injured seaman sought compensation for his injury in court. A claim was filed and his attorney argued several aspects, including negligence. The employer was negligent in sending the seaman to perform what was essentially a pointless and dangerous task. The seas were rough, the weather was bad and there was no reason to worry about wet decks at that particular time. The employer’s negligence and bad judgment led to the fall and the injury. The case settled for $550,000.
If you, or someone you know, have been the victim of an employer’s negligence and bad judgment, contact an attorney for advice. Jones Act accidents can be quite serious – they can, after all, inhibit your ability to financially support your family. Take action and let a professional garner the settlement you deserve.

 

When you are injured on the job in the maritime industry, you need to seek the advice of a maritime attorney. It does not matter if your injury is minor or not – you should still consult with an attorney for advice. You could be entitled to a variety of compensations, including lost wages, future lost wages, medical expenses, and future medical expenses. A qualified attorney will know what to do to ensure that you get the money you deserve. A qualified maritime attorney is not afraid to fight for your rights, even if it means going to trial and arguing your case in front of a jury.
One seaman hired a qualified maritime attorney to assist him after a maritime accident. The seaman was injured when he was walking on a dock. There was an opening on the dock that was not marked so the seaman did not see it. He fell into the unmarked opening and hurt his knee. The knee injury was so severe that he required surgery. Even after the surgery, he was left unable to return to work in the maritime industry. The seaman contacted a maritime law firm for advice about his situation.
After careful evaluation of the maritime accident and the resulting injury, the attorney confirmed what the seaman thought – a maritime claim was needed. The claim was filed against the owner of the dock for failure to safely mark the opening on the dock. This dangerous situation was a ticking time bomb, just waiting for someone to fall. Had the opening been properly labeled, the seaman would not have fallen and he would still be able to work in his chosen profession. The negligence of the dock owner led to the seaman losing the only livelihood that he knew.
Thanks to the skill and expertise of his maritime attorney, the seaman’s case was settled quickly and out of court. The final settlement was for $500,000. With this money, the seaman is able to provide for his living expenses and medical expenses while he attempts to find another means of earning an income. If you, or someone you know, have suffered a maritime accident and injury, contact an attorney for advice. You, too, could be entitled to compensation and you need an attorney that is willing to go the distance to ensure that you receive a fair settlement.

 

The economy is tough – no one can deny that. Jobs are hard to find and if you have a good job, you would be wise to keep it. The maritime industry is no different than the other industries that struggle right now. As a maritime worker, you have to do everything you can to keep working and supporting your family. Unfortunately, Jones Act accidents happen all too often and can quickly knock you out of the work force. Sometimes, you are never able to return to work. If you are injured in an accident, consult with a Jones Act attorney about your rights to financial compensation. You should never have to suffer needlessly if your employer is in any way responsible for your injuries.

A deckhand was knocked out of the work force after a Jones Act accident. The deckhand was employed aboard a fishing vessel when he was involved in an accident. As the seaman was helping with the task of setting and retrieving nets, a steel ring and chain suddenly came loose. The ring and chain hit the seaman and caused a severe shoulder injury. The injury was so severe that the seaman was unable to return to his job. After consulting with a Jones Act attorney, a claim was filed against his employer.

The Jones Act accident attorney argued that the vessel was unseaworthy. Had the steel ring and chain been examined on a regular schedule, it would have been noticed that it was on the verge of breaking. With careful negotiation skills, the attorney garnered the seaman $1.2 million. The settlement covered his medical expenses, lost wages and future lost wages. This seaman knew he had the right to his own attorney – by exercising that right, he received fair compensation for his injuries.

If you, or someone you know, have been hurt while working in the maritime industry, you have the same rights under the Jones Act. Instead of leaving your financial fate in the hands of your employer (whose intentions may be good but whose bottom line is the priority), let an experienced Jones Act attorney handle your case. You deserve compensation for lost wages, medical expenses and other expenses. Your attorney can help you seek justice for your injuries.

 

Longshore and harbor worker lawyers know that there are often many different employers and contractors who supervise work on docks. But when any employer tries to avoid responsibility for a dockworker injury, these injury lawyers also know the fine legal lines for showing who, when, and where the LHWCA applies. For an injured dock worker, having several employers responsible under the LHWCA means it’s important to meet with a longshore attorney as soon as possible. In the following case, a court reviewed the basic rules of who was the injured worker’s “employer” at the time of injury? One company (SSA) tried to show it hadn’t become an injured dockworker’s employer.

The first factor, the question of who has control over an injured worker and his work, is usually the most important issue about a borrowed employee. In this case, an LHWCA injury attorney successfully proved three points to an administrative law judge (ALJ). The lawyer in this case had to show that workers, when leased to stevedores (like SSA), are under the sole supervision of the stevedores. The dock worker’s LHWCA lawyer used testimony of witnesses to show SSA had control over equipment operators during vessel operations—in the way containers were loaded. The LHWCA attorney also introduced proof that the worker’s hours and breaks were determined by SSA as stevedore.

The worker’s injury attorney successfully argued there was no evidence that GPA (the worker’s usual employer) provided any direction to an operator when its equipment or workers were leased to SSA.

The LHWCA injury lawyer proved that SSA gave more than “mere signals” to the injured worker in working his equipment. In this case, testimony obtained by the harbor worker’s injury attorney showed that when SSA plans a vessel operation, it contacts GPA about how many pieces of equipment will be needed. SSA, the dockwork injury attorney showed, decides “work ends when the operation is completed.” An SSA employee stated that once an operator is assigned by GPA, he received all further job orders from SSA. The injured dock worker, under questioning from his LHWCA attorney, confirmed this understanding.

The injured worker testified that from the time he started working for SSA as stevedore until the job was finished, he took orders “only from the stevedore.” There was no evidence, the worker’s attorney proved, that SSA ever deviated from this rule of SSA being in charge. While the SSA supervisor and the injured worker both confirmed that SSA doesn’t hire, doesn’t train, and doesn’t direct their operator use of equipment, a complete picture of SSA being in charge was sketched by the longshore and harbor worker act injury lawyer.

The second factor was: whose work was being performed? The court agreed with the injured dock worker’s attorney, that evidence showed the worker was performing SSA’s work at the time of the injury.

In this case, the court also considered a third factor: whether there was an agreement or understanding between GPA and SSA. The injury attorney pointed to other court decisions, where the tariff would explain the relationship between the employers. In this case, the injury attorney proved the tariff specified that the injured worker would be taking instructions exclusively from SSA, while working on SSA’s vessel operations. The ALJ agreed with the LHWCA lawyer’s third point as having “tipped the scale,” in favor of finding SSA had borrowed the injured worker.

There are actually several other rules about what it means to take responsibility for a borrowed longshore or dock worker. In other words, the facts may change slightly enough to change the decision in every case. This case is an example of how important it is to always meet with a longshore or dockworker injury attorney immediately after an LHWCA injury. Acting quickly is vitally important in discovering the connections and duties of an employer to a “borrowed” employee.

When you are injured in a Jones Act accident, the best thing for you to do is contact an attorney. Even if you feel like your injury is too minor to qualify for a Jones Act claim, you should still speak with a professional. Jones Act attorneys are trained in maritime law. They will be able to help you understand your rights for financial compensation. You should never assume that an injury is too small – if you are hurt on the job, you could have a valid claim. Do not take your employer’s word for it. Only an experienced Jones Act attorney can give you unbiased advice pertaining to your particular injury.

No matter what your position is on a vessel, you can still be injured in a Jones Act accident. From the “greenest” deckhand to the seasoned captain, accidents can and will happen. A captain of a vessel recently settled a Jones Act claim with the help of an experienced attorney. The captain was navigating the vessel when the cargo came loose. The cargo consisted of large, steel buoys. The buoys rolled around, putting the vessel at risk of sinking and while trying to help regain control, the captain hurt his back. The back injury put the captain out of commission for an extended period of time.

The captain, being the seasoned seaman that he is, knew that he had the right to a Jones Act attorney. He contacted an experienced law firm and a claim was filed against his employer. The safety protocol for lashing the large buoys in place had not been followed. This ended up putting the entire crew at risk and led to the back injury. The captain’s attorney presented a solid case demonstrating the unseaworthiness of the vessel. The experience of the Jones Act attorney led to a settlement of $2.1 million.

If you, or someone you know, have been involved in a Jones Act accident, do what this seaman did and contact an attorney for advice. You have the right to your own legal representation and the right to compensation for any injuries leading to lost wages and future lost wages. Let the law decide if you should be compensated, not your employer.

As a maritime worker, safety is an important part of your job. Following all of the safety procedures that your employer has in place is crucial to avoiding injury. Properly maintaining equipment is also an important part of staying safe. Maritime accidents can happen in the blink of an eye, even with the most stringent safety rules. You have to be prepared for the unexpected and you have to know what to do in the event of an emergency. No matter how much training and experience you have, you are still at risk for a maritime accident. If this happens to you, speak with a Jones Act attorney about your injury. You could have a claim against your employer.

An offshore worker finally received a just award for the injuries he suffered from a maritime accident. The worker was employed on a deep sea drilling platform. The hydraulic basked malfunctioned and the worker was hit in the face by several moving parts. The impact caused severe brain injuries that left the worker unable to care for himself or his family. The family of the worker sought the advice of a maritime law firm. The attorneys wasted no time in filing a maritime claim against the employer.

The case did not settle. The employer did not want to admit any fault for the maritime accident. However, the maritime attorney argued successfully to the jury and was able to prove that the employer was negligent and at fault for the accident. The jury awarded the injured worker $4.1 million. The family now has the funds to care for the worker for the rest of his life, as well as provide for his medical expenses and their living expenses.

While not all maritime claims end up in front of a jury, if your claim does, you want an experienced attorney on your side. Jury trials call for the professionals, the maritime attorneys that are not afraid to stand in court and argue your case. If you, or someone you know, have been in a maritime accident, seek legal counsel as soon as possible. Choose an attorney that specializes in maritime law and is not afraid to go to bat for you, in or out of the courtroom.

 

The Jones Act is in place to protect maritime workers. It is an act that helps to ensure that injured workers are not denied the same help that regular Workers’ Compensation provides. Under the Jones Act, injured workers have the right to many things, including maintenance and cure. You can also file a Jones Act claim against your employer if the circumstances surrounding your injury allow. A Jones Act accident can leave you permanently disabled or unable to work for an extended period of time. A Jones Act accident can also leave you with mountains of medical expenses. Jones Act claims are one way of getting your employer to compensate you for lost wages and medical expenses.

A tuna fisherman recently settled his Jones Act claim with the help of his skilled attorney. The fisherman was injured while working aboard a fishing vessel. The seaman’s leg was crushed between the vessel and a skiff (a small, flat-bottomed boat). The Jones Act accident caused the seaman to have his leg amputated below the knee. The seaman contacted a Jones Act attorney for advice and a claim against his employer was filed. The seaman crushed his leg performing duties that he should not have been performing at the time because of bad weather and rough seas. The employer was negligent and the case settled for $2.1 million.

This case demonstrates how much you need a good Jones Act attorney on your side. If this seaman had left it up to his employer, he may have received enough help to cover his medical costs. However, with the expertise of his attorney, he was able to receive a settlement that will sustain him for the rest of his life. This was very important to him since the amputation meant he could no longer perform his fisherman duties.

Even though the maritime industry is dangerous, this does not mean that you have to suffer with an injury. You have rights and the most valuable right you have is the right to an attorney. If your employer puts you in a potentially dangerous situation and you get hurt, you deserve to be compensated. Contact a Jones Act attorney for advice. You need experience, knowledge and determination on your side because you need compensation for your injuries.