Posts Tagged ‘Jones Act’

Being Prepared – The Jones Act Lawyer and You

Being prepared is important when you work in the maritime industry – part of being prepared is having a Jones Act lawyer.  You do not have to hire an lawyer as a safeguard, but it is useful to know which lawyer you will retain in the event of an accident.  Jones Act lawyers are plentiful, so you need to do your research before making a decision.  However, you rest assured that as long as you choose a reputable lawyer, you will get the best legal representation possible.  When you are fighting for financial compensation, you NEED the best on your side.

jones act lawyerB. Leonard was employed as deckhand aboard a tugboat.  Leonard had been a deckhand for several years – he was experienced in performing his duties.  On what should have been a regular day, Leonard was given orders to pull a connected line in toward the tugboat.  In normal conditions, this task would have been done with the help of machinery. Unfortunately, Leonard was offered no equipment to help him with the task – the equipment was being used by another employee and Leonard’s immediate supervisor did not want Leonard to wait.  Leonard had no choice but to attempt to pull the line manually.  He and another deckhand heaved on the line several times.  The strain on Leonard’s back was too much and he suffered an injury.

Contacting a Jones Act Lawyer

After seeking treatment and finding out that he had suffered a herniated disc, Leonard contacted a Jones Act lawyer for advice.  The Jones Act lawyer filed a claim against the owner of the tugboat.  The claim was clear – Leonard should have had mechanical assistance in retrieving the line.  Because the employer was negligent by not giving Leonard the needed equipment to perform his job, the employer was responsible for his injuries.  The Jones Act lawyer for Leonard had no trouble putting together a solid case, one that the employer could not deny.  Leonard’s Jones Act lawyer and the owner of the tugboat reached a settlement agreement for $450,000.

A Jones Act Lawyer Gets What You Deserve

When a seaman is hurt on the job, Jones Act lawyers are their voices in court.  By hiring a qualified, experienced Jones Act lawyer, you are standing up for your rights as an injured seaman.  Never back down from an aggressive employer – instead, let your Jones Act lawyer be your voice and your voice will be heard.

A Jones Act Lawyer and Jones Act Law

A Jones Act lawyer specializes in Jones Act law.  These lawyers are educated and practiced in dealing with Jones Act claims.  A Jones Act claim results from injuries sustained in Jones Act accidents.  For example, if you fall and break your leg while working aboard a fishing vessel as a deckhand, that is considered to be a Jones Act accident.  It is important to remember that you do not have to work on a vessel to be considered a Jones Act worker.  There are many areas in the industry that fall under Jones Act law.  If you are hurt on the job, the best thing for you to do is contact a Jones Act lawyer for advice.

Jones Act Lawyer Files as Claim

A deckhand was recently hurt in a Jones Act accident aboard a barge.  The worker suffered a knee injury after he slipped on the slippery deck surface.  The knee injury involved the ACL, a vital ligament in the knee, which was torn.  The injured deckhand decided to seek the advice of a qualified Jones Act lawyer.  The worker felt that the accident was not his fault.  As it turned out, his lawyer agreed with him and filed a Jones Act claim against the worker’s employer.  The claim cited an unsafe working environment and unseaworthiness of the vessel.

Jones Act Lawyer Get the Verdict

The employer did not agree with the injured seaman’s claim.  The employer did not want to take responsibility for the slippery deck that resulted in the man’s fall and injury.  Since a settlement could not be reached, this particular case went to court.  The seaman’s lawyer presented a powerful case, one that convinced the jury of the employer’s negligence.  The jury returned with a verdict of $1 million in favor of the injured deckhand.  The success of this case hinged on the talent and perseverance of the skilled Jones Act lawyer – a lawyer that was not afraid to go to trial and was ready to fight for the rights of the seaman.

If you, or someone you know, have been hurt in a Jones Act accident, your first phone call should be to a Jones Act lawyer.  You need an lawyer with skill and experience when you are dealing with a Jones Act claim.  The expertise of your lawyer will show when he or she fearlessly argues for your right to compensation in court.

 

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The Ogletree Abbott Law Firm is located in Houston, Texas.
Our experienced Jones Act attorneys are here to answer
your questions about the Jones Act and maritime law.

Jones Act Attorneys Know The Drill

When you are hurt in a Jones Act accident, you might be afraid to seek legal advice from a Jones Act lawyer.  You could be afraid of being terminated.  This is all the more reason to speak with a Jones Act lawyer.  You have the right to an attorney, among many other rights, and your attorney will help you understand all of them.  Your employer cannot fire you for seeking help from a Jones Act lawyer.  If your injuries cause you to incur medical expenses and/or miss work, you deserve to be compensated for those expenses and that time.  Let your attorney show you how to get that compensation.

R. Martinez Hires a Jones Act Attorney

R. Martinez* was recently involved in a Jones Act claim.  Martinez was employed aboard a barge as a deckhand.  While performing routine duties aboard the barge, Martinez was near another crewmember who was attempting to repair some equipment.  An explosion occurred and Martinez, being close to the source of the explosion, suffered various burns over much of his body.  The burns were of all degrees – some first degree, some second degree and some were even third degree burns.  Martinez was hospitalized for an extended period of time.  During his stay, he contacted a Jones Act lawyerfor legal advice.

Mr. Martinez Receives Settlement

The Jones Act lawyer decided to file a claim against the employer, J. K. Stephens.  Stephens denied any responsibility for the accident or the resulting injuries.  A settlement was not an option, so the case went to trial.  The Jones Act lawyer hired by Martinez presented evidence that Stephens was partially responsible for the accident by not providing a safe working environment.  The repairs that led to the explosion should not have been attempted aboard the barge.  The equipment should have been moved to a safe area on land for repairs.  The jury returned with an award of over $500,000 for Martinez.

The award served as compensation for the medical expenses and lost wages incurred by Martinez.  With the help of his experienced Jones Act lawyer, Martinez now has the ability to pay his debts.  If you, or someone you know, have been injured in the maritime industry, waste no time in contacting a Jones Act lawyer.  Your lawyer is your link to a fair settlement or award.  Without a good lawyer, you could be left with no compensation at all for your injuries.

 

*Names and locations have been changed out of respect for privacy.

A Jones Act Lawyer Can Help You

Maritime workers understand that their jobs entail a certain amount of risk, and that a time may come when they’ll need a Jones Act lawyer.  While workers and employers can take every precaution to ensure safety, Jones Act accidents still occur.  When you are hurt in a Jones Act accident, you should always practice your right to an attorney.  Even if your employer promises to take care of your needs, you still need your own attorney.  Things can turn quite ugly when there is money involved and  Jones Act lawyerwill work to make sure you get fair compensation. Instead of leaving your fate in the hands of your employer, speak with a lawyer as soon as possible.

Hiring a Jones Act Lawyer and Filing a Claim

Jones Act LawyerIn a recent Jones Act claim, a vessel captain was the injured party.  The captain was hurt in not one, but two separate accidents.  The first accident left him with only minor injuries and the captain chose not to file a claim.  However, a subsequent Jones Act accident not only caused new injuries, it aggravated the old injury, leaving the captain unable to work.  The captain ended up having hernia surgery and a complete knee replacement, all because of the two accidents.  This time, the injured man went to a Jones Act lawyer for help. The attorney wasted no time in filing a Jones Act claim against the employer.  The first accident was not properly addressed – the captain did not receive appropriate medical care.  The second accident may not have been so severe if the injured captain had gotten the right treatment.  After several attempts at negotiating a settlement, the two parties finally came to an agreement.  The injured worker’s attorney worked hard to obtain the best settlement for his client.  The final settlement was for $450,000.  The settlement covered the captain’s medical expenses, as well as his lost wages.

It’s Important to Seek Counsel From a Jones Act Lawyer

If you, or someone you know, have been hurt on the job in the maritime industry, you have the right to an attorney.  By hiring a Jones Act lawyer for your claim, you will have the best chance at getting the money you deserve – and you do deserve compensation for your injuries.  Let your Jones Act lawyers work for you and fight for your right to a fair settlement or award.

Step One: Hire a Jones Act Lawyer

When a maritime worker is hurt in a Jones Act accident, he or she may be tempted to negotiate a settlement with an employer alone.  This is a huge mistake.  Even the most generous, kind and trusted employer can quickly change sides when money is involved.  Jones Act lawyers acting solely on the behalf of the injured seaman will never put the employer’s needs first.  A seaman’s attorney will have only the best interests of the seaman at heart and will put forth every effort to garner a fair settlement or award.  Never blindly trust your employer to provide you with fair compensation – instead, turn to an experienced Jones Act accident lawyer for help.

In a recent Jones Act accident, a seaman was injured while working aboard a vessel.  The accident occurred under normal circumstances and completely caught the worker off-guard.  The man was attempting to cross a threshold when he tripped over an obstacle in his path.  The man took a tumble and the fall left him with various injuries.  These injuries included damage to his back, one of his knees and one of his ankles.  Although the injuries were not permanently debilitating, the seaman still missed an extended period of work.  That lost time at work was money lost and the seaman decided to speak with a Jones Act lawyer.

Step Two: A Jones Act Lawyer Takes your Case to Court

The Jones Act lawyer retained by the injured worker filed a claim against the employer.  The working environment was unsafe – after all, the obstacle should have never been left in the way of the threshold.  The employer was negligent because of the unsafe working environment.  A settlement could not be reached between the two parties.  The seaman’s attorney fearlessly took the case to court and argued for the financial justice the seaman deserved.  The skill and experience of the Jones Act lawyer was clear and the jury returned with a verdict of $625,000 for the injured worker.

Step Three: Jones Act Lawyer Gets Your Settlement

jones act settlementWhen you are hurt in a Jones Act accident, you need your own attorney battling for your rights. Your employer’s lawyers do not have your best interests in mind – they are concerned only with preventing the employer from possibly losing millions of dollars. Your Jones Act lawyer works for you and he or she will help you obtain the money you deserve for your injuries, lost wages and expenses.

Jones Act Accidents Affect You

Jones Act accidents affect millions of maritime workers every year. When a seaman is involved in an accident that causes injury, that seaman is entitled to legal representation under the Jones Act. While not every accident leads to injury, many do – these are the cases that need legal advice. Jones Act lawyers specialize in these types of accidents and they will work hard to seek fair compensation for their clients. Even when a claim has to go in front of a jury, a Jones Act lawyer will not rest until he or she has done everything in their power to achieve justice for the client.

Fishermen and the Jones Act

Fishing Vessel

Commercial fishermen are often the victims of Jones Act accidents. Recently, a clam fisherman suffered a severe injury to his hand while working aboard a fishing vessel. The Jones Act accident occurred when a line parted unexpectedly and caught the fisherman’s hand. The impact of the broken line left the man with two fractured fingers and he ultimately had to have the tip of one finger amputated. The fisherman went to a Jones Act law firm for advice. He knew that the accident was not his fault. He retained a talented attorney and a claim was filed against his employer.

The injured seaman’s attorney filed on the grounds of an unsafe working environment. The employer had an obligation to make sure that the lines were in good, working order. Because the employer failed to do this, a weakened line parted and left the worker with an injured hand. However, the man’s employer would not settle out of court, so the case went before a jury. The seaman’s attorney presented a strong case that clearly demonstrated the negligence of the employer. The jury returned with a verdict of $1 million for the injured fisherman.

Hire a Jones Act Attorney

If you, or someone you know, have been hurt in a Jones Act accident, follow the lead of this injured worker and talk to an attorney. If your employer was negligent, you could be entitled to financial compensation if you file a clam. Your Jones Act attorney will help you seek that compensation in court.

Never settle for less than what you deserve – let your attorney negotiate a settlement or take the claim to a jury if you’ve suffered from a Jones Act accident.

Being the victim of a Jones Act accident cannot only be a painful situation, it can be a stressful situation, too. The stress can stem from an employer refusing to pay maintenance and cure. When an injured seaman cannot work and has no way to pay their expenses, things can quickly fall apart in the seaman’s life. Jones Act attorneys assist injured seaman in filing claims to recoup their losses. Jones Act claims help an injured seaman seek compensation for injuries, medical expenses, lost wages, and more. If you have doubts about filing a claim, speak with a Jones Act attorney for professional advice.

An offshore seaman was the victim of a recent Jones Act accident. The seaman was working on an offshore platform at the time of the accident. A crane malfunctioned and a large piece of the crane broke loose and swung toward the seaman. The piece struck the seaman and caused various back injuries, including fractured vertebrae. The injuries were quite severe and the seaman was unable to work while his body healed. He also had to undergo back surgery to repair some of the damage. The seaman decided to consult with a Jones Act law firm about the accident.

Under the advice of his Jones Act attorney, the seaman filed a claim against his employer. The attorney argued that the employer was negligent in the upkeep of the equipment. The crane should have been inspected and necessary repairs should have been made, repairs that would have prevented the piece from breaking loose. The seaman’s Jones Act attorney and the employer were able to reach a settlement agreement out of court for $725,000. The settlement covered the lost wages and medical expenses incurred by the seaman after the Jones Act accident.

When a Jones Act accident occurs, the best thing for you to do is seek advice from a qualified attorney. An experienced lawyer will help you obtain the financial compensation you deserve. It does not matter how big or small the accident is or how minor or severe your injuries are – if you are entitled to compensation, a Jones Act attorney can help you. Do the right thing and protect yourself by retaining an attorney for your case.

Jones Act accidents can be serious or minor accidents. These kinds of accidents can leave a seaman unable to return to work. They can cause a seaman to miss a few days of work and then return. No matter what the severity level of your Jones Act accident is, it is always a good idea to have your own attorney. With your own Jones Act lawyer, you will know that you have someone on your side, someone that is looking out for your best interests. After all, even the best employers can turn quite ugly when money is involved.

One recent Jones Act accident left a seaman unable to return to work. The seaman was working on a barge and, on the day of the accident, he was attempting to climb a ladder of a lock wall. Somehow, the seaman’s leg became trapped between the lock wall and the barge. His leg was crushed and, ultimately, the seaman had to have it amputated. This loss of limb left the worker unable to return to his former job, thus leaving him without any means of financial support for himself or his family.

The seaman wasted no time in contacting an experienced Jones Act attorney. He knew that he was entitled to compensation – after all, he lost his leg performing his job due to someone else’s mistake. The seaman’s attorney filed a Jones Act claim against the seaman’s employer. The employer did not want to risk going to trial because a verdict for the plaintiff could have resulted in a multi-million dollar award. The employer and the seaman’s Jones Act attorney negotiated a settlement for the injuries, lost wages, and future lost wages. The final settlement was for $1.5 million.

Anytime a Jones Act accident leads to a permanent disability, there should be no question that you need an attorney. When you have lost your only means of support, you deserve compensation, especially if the disability was the fault of your employer. If you, or someone you know, have been seriously hurt in a Jones Act accident, contact an experienced and trusted attorney. Your attorney will help you make the decision of filing a claim and your attorney will help you seek a fair settlement for your injuries.

 

Yet another Jones Act claim was recently appealed and upheld. A man employed by the State of Louisiana in the Department of Wildlife and Fisheries, was injured on a state vessel. The man was a member of the vessel’s crew and he suffered cervical spine injuries while patrolling certain waters. After his injury, knowing he had rights to compensation, the man filed a claim under the Jones Act.

The State of Louisiana filed an exception. They stated that his claim should fall under the state’s workers’ compensation laws. Both parties to the case presented prior rulings to uphold their claims. After much deliberation, the appellate court ruled in favor of the plaintiff. They determined that he did have the right to file a claim against the State of Louisiana under the Jones Act and maritime law. They ruled that the State of Louisiana had waived its immunity because of an article in the Louisiana Constitution. The article states that the state and/or state agency is immune from liability when it involves the injury of a person or property.

This particular claim was handled by professional attorneys that knew what they were doing. They understood that filing a claim against a state might prove difficult. They cited cases to back up their motions and the man’s claim can now move forward. Texas Jones Act attorneys approach their cases with the same professionalism. When Texas Jones Act attorneys are retained by clients for a maritime case, they will fight for their client’s rights in court.

If you or someone you know has been injured on the waters, hire qualified Texas Jones Act attorneys to represent you. Since the Jones Act is an intricate law, you need the advice and guidance of professionals. Regardless of whom the claim is against, your Texas Jones Act attorneys will help you every step of the way.

 

The Jones Act is a federal law that allows workers who are classified as “seaman” to recover damages if they are injured while working on a vessel. As a general rule, Jones Act claims can only be brought by a seaman against his or her maritime employer. However, the courts have ruled that an employer does not need to own or operate the vessel on which his or her employee serves in order to be held liable for a seaman’s injury. Guidry v. South Louisiana Contractors, 614 F.2d 447 (5th Cir. 1980).

Seamen who are injured as a result of the negligent acts of a co-worker are not entitled to bring a Jones Act claim against the co-worker. Maritime workers and seaman are generally considered to be agents of their employer. Therefore, in cases were one seaman injures another, the responsible party for Jones Act claims is still the maritime employer, unless criminal acts are involved.

Seamen may be able to bring additional claims, aside from Jones Act claims, against parties who are not their employer. For example, if two vessels collide in navigable waters and the collision causes injuries to a seaman or maritime worker, the seaman may be able to bring a claim under principles of general maritime law against each of the vessels involved in the collision in addition to the claims that he may have against his employer.