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.
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.
Read the full case here.
A crew member broke his leg when his tug-dredge unit went aground in Oregon Inlet, North Carolina in mid-August.
Responders from Coast Guard Station Oregon Inlet were dispatched to the scene after an emergency call from the dredge Cooper River. Coast Guard members, after stabilizing the leg, evacuated the crewman by motor life boat to a nearby EMS team.
The official injury was classified as a broken femur.
Source: U.S. Coast Guard