We designed this website to provide
information to consumers, injured
people, and their families. Our goal is
to level the playing field between
consumers and insurance companies
and expose the tricks, traps, and
techniques they use to cheat injured
people out of their legal rights. We
also let consumers know about legal
news, including verdicts and
settlements and other interesting
legal information.
But please understand that nothing on
this website is meant to provide legal
information about your specific case,
create an attorney-client relationship,
or imply that the results of your legal
case will be the same as some other
case.
Find Answers to Your Question By Searching Here
Maritime Injury Blog
The Houston law offices of Vujasinovic & Beckcom, P.L.L.C. post blogs on maritime accidents and offshore injuries. If a maritime accident has left you injured or unable to work, contact a Jones Act lawyer from our law firm today. We represent people who have been injured at sea or offshore in the Atlantic or Pacific Ocean and throughout the Gulf Coast, Port of Houston and Galveston Bay.
Board Certified maritime injury and Jones Act lawyer Brian Beckcom's firm has filed a lawsuit against Diamond Offshore for injuries to one of Diamond Offshore's employees.
If you have been injured on a tanker, you need to understand your legal rights. Read this blog to find out your protection under a federal law known as the Jones Act.
A Louisiana federal court has ruled against the defendant’s attempts to exclude evidence and witnesses in an injury case recently filed against American Commercial Lines, LLC.
A crewmember who had worked aboard a pipelaying barge in the Gulf of Mexico has settled his injury lawsuit through mediation instead of through the court.
Jacob Robichaux had been seeking $5 million for physical, mental and emotional pain and suffering, plus medical expenses and loss of wages.
While working aboard the vessel Midnight Rider in April, 2006, Robichaux alleges that he suffered injuries to his neck, back and mind due to unseaworthy conditions.
Causes claimed included unsafe vessel operation, failure to properly instruct the crew and lack of proper equipment.
The defendants named were Helix Energy Solutions Group, Cal Dive International and Mariner Energy, Inc.
Citing unspecified career-ending injuries, a Jefferson County, Texas mariner is suing his employer for failing to provide a safe working place.
Jorge Ayala, plaintiff, blames Global Industries Offshore, defendant, and co-defendant Hercules Offshore, the vessel operator, for an unseaworthy vessel and lack of proper supervision on board.
According to the suit, his employer has not paid maintenance and cure.
Ayala alleges pain and mental anguish and seeks lost wages, punitive damages, attorney's fees, medical expenses and other relief.
A contract pilot who alleged he injured his knee while boarding his vessel has been awarded less than one-percent of the amount he was seeking.
Phillip Crow, plaintiff, sued Cooper Marine & Timberlands Corporation for unseaworthiness, negligence, maintenance, cure and lost wages.
In August of 2007, Crow, while carrying two 12 packs of drinks, claimed he hurt his knee after slipping while stepping aboard his vessel. Crow claimed he experienced severe pain after hearing what he described as a "pop and grind" sound after the slip. He sued the company for failure to provide proper ingress and egress aboard the vessel.
Crow sought $480,000 in compensation for lost wages and future pain and suffering.
However, the Alabama district court ruled that there was no evidence that his employer acted in bad faith. They also cited Crow's conflicting testimony; in court Crow claimed that after the injury he immediately announced the incident to several crewmembers in the galley.
However, in his deposition he claimed that no one was in the galley.
A federal court has dismissed an injury claim for being filed in the wrong jurisdiction.
Barry Casteel sued his employer, Maryland Marine, Inc, after injuring his lower back while reportedly trying to break up a fight between two other crewmembers aboard the M/V Sandy Point when it was near Baton Rouge, Louisiana.
Casteel claimed that his employer violated Jones Act requirements to provide a safe work place and seaworthy vessel. He also sought maintenance and cure relief.
However, the District Court in Illinois, where the case was heard, dismissed the case because it should never have been filed in that venue, as the employer had no business contacts in the state of Illinois.
The reason the case was heard in an Illinois court is unknown at the present time.
A ballet dancer injured while rehearsing for his cruise ship performance has had his injury lawsuit dismissed.
Prior to embarkation aboard the Royal Caribbean vessel, Lance Campbell, the plaintiff, suffered undisclosed injuries during a rehearsal performance ashore.
The Fifth Circuit Court of Appeals recently ruled that Royal Caribbean was not held liable for compensation under the Jones Act for two reasons:
1) That Campbell was not a "seaman" because the injury occurred before the ship had sailed.
2) That Campbell's job as dancer did not contribute to the navigation of the vessel.
In it's ruling, the Court of Appeals sided with the lower district court that had previously ruled in favor of Royal Caribbean.
A federal court has upheld a ruling against a seaman who claimed his arm injury was caused by unseaworthy conditions.
Trung Le alleged that the injury occurred after falling while attempting to move a box that was jammed in the "boxilator," a machine that moves boxes from the hold of his vessel, the F/T Northern Jaeger.
Le sued American Seafood, his employer, for damages, citing the vessel's listing, an icy work deck and flawed design of the boxilator as causes of the accident.
The court ruled in favor of American, finding that Le did not prove his allegations about how the icing and listing played a role in the accident.
Le appealed the decision to the Ninth Circuit Court of Appeals in San Francisco, which upheld the earlier ruling.
A foreman aboard a dredge has been challenged by his employer that he is ineligible for compensation under the Jones Act.
Armando Zertuche, the plaintiff, alleges he was injured on the job; the specific injuries are not available. Great Lakes Dredge & Dock Company, the dredge’s owner, has challenged the lawsuit, claiming that Zertuche was a dump foreman and not a seaman as defined by the Jones Act.
Zertuche counters that he in fact worked over 50 percent of the time as a deckhand.
According to the Act, in order to be considered a seaman, he or she must perform duties contributing to a vessel’s operation, navigation and mission.
The Supreme Court has traditionally ruled that a worker must serve over 30 percent of his time in duties connected to the navigation of a vessel in order to be classified as a seaman.
The U.S. Fifth Circuit Court of Appeals has remanded the case back to a lower court.
In a case before federal court, a fishing boat worker seeks compensation for a back injury he suffered not aboard the vessel, but in a warehouse.
David Acosta alleges he suffered the injury in September, 2007 while moving pallets with a forklift in the warehouse located between 200 and 300 yards from his vessel’s berth.
Acosta, the assistant deck boss of the F/V Siberian Sea, states that moving pallets of paper bags from the warehouse to the vessel was part of his job duties.
He claims that while positioning the pallets by hand, the top one fell onto him, injuring his back. Acosta charges that the boat’s owner, Aleutian Spray Fisheries, was negligent for failing to provide an adequate inspection of the warehouse.
Aleutian counters that they are not responsible, not being the owner of the warehouse. They claim that inspecting the warehouse was the plaintiff’s responsibility in accordance with his duties as assistant deck boss.
Under the so called “Primary Duty Rule,” a seaman may not recover injury damages by his or her own failure to perform duties of the job.
Even if you have a pre-existing back condition, you could still be compensated for aggravating the condition on the job, provided your employer is made aware of this in advance and clears you for employment.
In a case recently decided in Louisiana federal court, a roustabout who hurt his back while pulling a cable was awarded $100,000 plus interest in his lawsuit against his drilling company employer. This despite the fact that a pre-employment physical disclosed potential herniated discs and nerve issues.
The employer challenged the claim on the grounds that they were not liable because they had relied upon the doctor who cleared the employee.
The court cited otherwise, stating that the doctor was an agent of the company.
A case has been brought before the Texas Ninth District Court of Appeals, which will determine whether an injured maintenance worker on a boat is considered to be a seaman and therefore entitled to protection under the Jones Act .
The Jones Act lawsuit was originally filed in Jefferson County District Court on May 18, 2007 against R.L. Eldridge Construction. Paul Bailey initiated the suit after he was injured from a fall accident on one of Eldridge’s push boats. At the time, he was employed as a maintenance worker for Eldridge. Bailey sustained head injuries from the fall and wanted to pursue compensation in a Jones Act lawsuit.
Eldridge filed a motion for summary judgment arguing that Bailey is excluded from the Jones Act because he spent only 13 out of his 62 day employment on a ship of any kind. Judge Donald Floyd of the 172nd District Court granted the motion for summary judgment and ordered that Bailey take nothing from Eldridge.
Bailey appealed the judge’s decision and stated that he spent more than half of his employment on the water as a deck hand.
Under the Jones Act, to recover compensation, the worker must be considered a seaman . Typically, a maritime employee who works over the water for extended periods of time on boats of all kinds, oil rigs, movable platforms and who go out to sea are considered Jones Act seamen.
If you have been injured in a maritime accident, contact a maritime injury lawyer at Vujasinovic & Beckcom P.L.L.C. at 713.224.7800 or 877.724.7800 for legal advice.
Our firm has been hired by another Norwegian Cruise Line (also known as "NCL") worker who injured her back and neck while working for the company on the Pride of America cruise ship.
In fact, I recently travelled to Honolulu, Hawaii to take the deposition of the ship's doctor for the Pride of America cruise ship. The ship's doctor had given our client very cursory medical treatment and then sent her home.
We also represent cruise ship workers who have been injured while working for cruise ship operators other than NCL like Princess Cruise Lines, Holland America, Carnival Cruise Lines, and any other company that operates cruise ships around the world.
Cruise ship injures
Working for a cruise ship can be fun and exciting. However, unfortunately, all too often cruise ship workers are asked to work long hours under difficult conditions with little or no assistance. This can result injuries that can be career-threatening or even career-ending. Such injuries include:
Back injuries;
Neck injures;
Shoulder and knee injures;
Burns;
Crushing injuries;
Head injuries;
And many others.
Cruise Ship Injury Case?
The maritime accident and injury lawyers at our law firm are dedicated to providing seaman worldwide with the best possible representation. Our goal is go obtain the best possible settlement in the shortest amount of time.
If you have a maritime accident or injury case, before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read the list of articles below.
Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier? In addition to our websites, please take a moment to read the following articles:
A common scenario in my office is for a client to walk to our first meeting, having been injured in some sort of offshore accident, and ask me to explain the "Jones Act". Or they ask me whether they have a "Jones Act" case.
All of these questions are answered in my book, Insider's Guide to Winning Your Maritime Injury Case." The book sells for $29.99 but I give it free to my firm's clients and prospective clients because I want them to have the information the book contains.
Here's a very brief discussion about the Jones Act and the Longshore Act:
The definition of "seaman" and "vessel" is a lot broader than most people probably realize. I've represented welders on jack-up drilling rigs, cooks on offshore platforms, roughnecks and roustabouts on semi-submersibles, drillers on oil rigs in the North Sea, boat captains, deckhands, and countless other workers.
The Longshore Act covers "Longshoreman" and "Harbor Workers." In other words, workers who aren't seaman but may be worker near the water.
The classic example of the Longshoreman is a dockworker who loads and unloads ships. While they may work on the ship at times, and over the water, dockworkers aren't Jones Act seaman and can't bring Jones Act cases.
Conclusion
In most situations, you are better off from a purely legal standpoint if you can qualify as a Jones Act seaman. However, most attorneys know absolutely nothing about how to ensure that you qualify as such, so make sure you find an attorney who knows how to handle these cases or you may literally be giving up a claim worth tens, hundreds, or even millions of dollars,
Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.
Interested in learning more about really happens in a maritime injury case?
Our firm is currently prosecuting a Jones Act case against Capital Inland Marine and Kirby Inland Marine, two Texas-based towing and barge companies.
You can find website links for Kirby by clicking on http://www.kirbycorp.com/sitemap.cfm. Capital Inland Marine does not appear to have a website.
The injured party was working as a tankerman / deckhand for Capital Inland Marine. The lawsuit alleges that he was severely injured when he fell in a dangerous area of the vessel he was working on.
We are looking for any information, documents, etc. regarding either Kirby Inland Marine or Capital Inland Marine relating to any dangerous conditions or injury-causing events on their vessels.
If you have such information and would like to share it, please contact Cathy at 713.224.7800.
We handle a lot of offshore injury cases. The workers who work on vessels, be they barges, dredges, boats, cruise ships, oil rigs, crane barges, or any other type of offshore vessel typically are asked to do hard, heavy manual work.
All too often, in our experience, those workers suffer back, neck, shoulder, knee, or other serious orthopedic injuries as a result of inadequate equipment, staffing, training, safety precautions, or by being pushed to do their work too quickly or in unsafe conditions.
These types of injuries can be career-threatening or even, in some cases, career-ending. Workers who must have strong backs, legs, and arms often find themselves unable to do the work when they suffer one of these types of injuries.
Often, what will happen after an injury is the company will send the worker to company-sponsored or company-affiliated doctors. After a cursory or quick medical examination, the doctor will simply send the worker back to work on "light duty" or will even give a full release, without doing a complete or thorough medical examination and before the worker is ready to return to work.
When the worker tells the company that he is not ready to return, the company will give two stark choices--return to work or lose your job.
Not much of a choice.
Fortunately, the Jones Act and maritime law provides some legal protection to workers in this situation. For example, under the Jones Act and maritime law, you are allowed to go to a doctor of your own choosing. If you are not physically ready to go back to worker, the companies should be paying part of your salary in the form of maintenance payments and should be facilitating your medical treatment and paying the doctors promptly.
If the company (or its insurance companies) don't cooperate and do everything reasonably in their power to assist you during your recovery, they may very well be running afoul of the law.
You can make a legal claim if the companies and their insurance company do not help facilitate your medical care and act reasonably when you are injured. In these situations, it is important that you talk with an experienced Jones Act or maritime injury lawyer, a lawyer you are comfortable with who has the experience and resources to help you get a full and fair recovery.
This is particularly important when your injury is career-threatening or possibly career-ending.
Don't fall into the "trap" that you must listen only to the company-referred doctor.
We get called by injured offshore workers all the time. Some of them have good cases, some of them don't.
We were recently retained by a young man working on the DANIEL C, a boat owned and operated by D&S Marine Services out of Louisiana. Our client was badly injured while working for D&S.
Our investigation reveals that our client was hurt because of the negligence of D&S Marine Services as well as the unseaworthiness of the DANIEL C.
If you have any information about D&S Marine Services, the DANIEL C, or any of the other vessels in the fleet, or acts of negligence by the company, please call us toll free at 877.724.7800.
Or you can contact us by submitting contact information onto this website.
Our law firm has been hired by an injured deckhand to prosecute his Jones Act claims against Waterman Steamship.
According to its website, Waterman is a "deep sea ocean carrier" operating U.S. flag vessels in liner service and time charter between the USA and Middle East ports.
Our client was injured severely while working for the company. In his lawsuit, he seeks damages for medical bills, lost past and future wages, pain and suffering disfigurement, and mental anguish.
The case is pending in Madisonville, Texas, where our client lived when he was hurt. He was hurt on the Stephen Pless, a vessel docked in Saipan.
Want to know more about maritime injury cases?
We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. We are based in Houston, Texas. We represent offshore workers all over the world.
To learn more about our law firm and what we can do for you, please visit the following websites:
We are pleased to announce yet another terrific settlement for one of our Jones Act clients.
Our client was a long-time employee of Blake Offshore. He was hurt when he fell in an open hole that was not properly marked off with caution tape (or any other kind of warning device). He was severely injured.
In fact, our client was knocked unconscious for almost 5 minutes. He ended up having the following injuries:
1. Injuries to his head;
2. Ringing in his ears, memory loss, blackouts;
3. A neck injury;
4. Herniated discs in his cervical spine;
5. A shoulder injury (he tore his rotator cuff);
The company fired our client when the company doctor (who was completely and totally in the tank for Blake Offshore) literally said our client could return to work the same day he was injured!
Our client tried to do light duty work for Blake Offshore but Blake Offshore cancelled the light duty program after our client asked if he could try light duty!
We filed a lawsuit under the Jones Act and maritime law. Blake denied liability (they denied they were at fault). They also denied our client was injured in the accident.
And they hired spies (private investigators) to spy on our client, his wife, his 2 year old boy, and his mother!
A few weeks before trial, after we spent many thousands of dollars on the case, Blake Offshore agreed to pay our client a substantial settlement that will provide for him and his family for a long time to come.
Congratulations to our client and his family for his great settlement and for hanging in there during the case despite Blake Offshore's attempts to intimidate and scare him.
Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.
Interested in learning more about really happens in a maritime injury case?
Board Certified Maritime Injury and Jones Act Lawyer Brian Beckcom files legal claim against Hercules Offshore on behalf of long term employee who was injured on the job twice