Maritime Injury Blog

Have You Been Injured in a Tanker Accident?

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.

Seaman’s Rights in a Tugboat Accident

A tugboat accident can result in life changing injuries. Read this blog to find out your rights as an injured seaman.

What You Should Know if your are Injured in a Barge Accident

Barge accidents can lead to serious maritime injuries. If you have been injured in a barge accident, you may be entitled to compensation under the Jones Act.

Company strikes out attempting to exclude evidence in deckhand trainee claim

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.

Aussie chooses American law firm in claim against drilling company

An Australian man has selected Houston, TX based Vujacinovic and Beckcom to represent his maritime injury case against Frontier Drilling.

A Knee Injury may be Covered Under the Jones Act

If you have suffered a knee injury offshore, you may be entitled to compensation under the Jones Act.

Jones Act May Provide Compensation for an Arm Injury

An arm injury can be serious and often leads to a long recovery. Find out more about arm injuries caused by offshore accidents.

Cauda Equina Syndrome & the Jones Act

Cauda equina syndrome is a medical condition that can lead to serious problems. If you are a Jones Act seaman, you may be eligible to receive compensation for your injuries.

Vessel Explosions Can Lead to Devastating Maritime Injuries

Offshore explosions can lead to devastating injuries and death. If you or a loved one has sustained serious burns from a vessel explosion, contact the Houston Law Offices of Vujasinovic & Beckom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Have You Suffered a Herniated Disc While Working Offshore?

Perhaps you are experiencing severe pain, numbness or weakness in the back area. This pain could be caused by a herniated disc, which many seamen and other maritime workers suffer as a result from working offshore.

A major problem from a herniated disc, aside from the excruciating pain, is the effect it can have on almost every aspect of your daily life. It can affect your ability to do your job as well as impact everyday tasks, from holding your kids to taking out the trash to driving a car.

A herniated disc can be caused from just about any regular mundane activity on the job that causes wear and tear on the disc. Many offshore workers are injured by falling while onboard a ship or a platform. This type of maritime accident can severely injure the back.

Regardless of the cause, a herniated disc can be very painful and can impact you in profound ways. You should note that there are options available to treat a herniated disc, including surgery. If you are experiencing back pain as a result of your job, you should seek medical advice immediately. You should also be aware that you have rights.

If you or someone you know has been injured while working offshore, you should contact an experienced maritime accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Casino deckhand injured removing driftwood

A Midwest casino boat deckhand is suing his employer for injuries suffered while removing driftwood under the vessel.

David Otten field the suit against Argosy Gaming Corporation, the owner of the Alton Belle Casino out of Alton, Illinois. Otten claims he suffered a fractured vertebrae, herniated disc, medical expenses and lost earnings.

According to the complaint, Otten was ordered to pull driftwood with spike poles from below the vessel from a 16-foot jon boat with a 30 horsepower motor.

The vessel was dockside at the time. The Mississippi River temperature was reportedly 40 degrees and wind was gusting up to 30 miles per hour.

The complaint states that the rough conditions forced the boat into the Alton Belle's stern, knocking Otten backwards and driving his back into a metal tool box on the jon boat.

Otten says there was a safer method for dislodging the driftwood. Under the process of dedrifting, the boat is spun around by a tug boat to remove drift material. The suit claims dedrifting had been used on the vessel several times previously.

Otten charges he should never have been assigned to operate the boat in unstable conditions and that the boat was not properly secured to the stern.

He is seeking $100,000 plus costs.

Source: The Madison St. Clair Record

Settlement reached in offshore mariner's $5 million Jones Act suit

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.

The amount of the settlement was not disclosed.

Source: Southeast Texas Record

Will your maritime helicopter crash lawyer handle your case personally?

One good question to ask your maritime helicopter accident lawyer is, "Will you handle the case personally?"

You want to make sure that your lawyer is updated on all aspects of your case at any given time. If they are the ones handling your case, instead of just a paralegal, they will be aware of any problems that may arise, questions that you may have, or your treatment status. It is important that you find an attorney who returns phone calls promptly, encourages open communication on your case, and regularly gives you updates on what is going on.

What law applies to the case? A good lawyer for your helicopter case will be able to tell you what laws your case falls under, when the statute of limitations is to expire, and what your rights are.

If you or someone you know has suffered injury in a maritime accident while on the job, contact maritime injury attorney Brian Beckcom immediately at 877.724.7800.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety.  That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

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:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

http://www.vbattorneys.com/

www.maritimeaccidentattorney.com

http://www.houstoninjuryaccidentlaw.com/

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Mariner files Jones Act suit for unsafe workplace

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.

Source: Southeast Texas Record

Mariner seeking 480K in injury case gets $2,420 instead

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.

Thus, he was awarded only $2,420 in maintenance.

Seaman injury lawsuit dropped due to improper venue

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.

Misconduct by Crew Can Lead to Injuries

Within the maritime industry, there is something known as barratry.  Barratry can be defined as a fraudulent act or misconduct by the ship’s master or crew and can lead to injuries.  What does that mean for you?  If you are a seaman and were injured by negligence on the part of the captain or crewmembers, you can pursue compensation for your injuries.

Some examples of barratry in the context of maritime include deserting the ship, illegal scuttling, theft on the vessel and cargo theft. 

The Jones Act is a federal law that provides legal protection for injured seamen.  Under the Jones Act, you can pursue monetary damages for your injuries if negligence caused your maritime injury.  Compensation can include medical expenses, lost wages, pain and suffering, mental anguish, disfigurement and other damages.

There are deadlines as to when you can file a Jones Act claim for your maritime accident or injuries.  It is imperative that you contact an experienced Houston maritime attorney right away.  You should not sign anything or give a recorded statement regarding your injuries until you speak with a maritime lawyer.

Contact the maritime attorneys at the law offices of Vujasinovic & Beckcom at 713.224.7800 or 877.724.7800 for a free legal consultation.

Cruise ship dancer ruled "not a seaman"; loses Jones Act injury claim

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.

Certain U.S. fishing vessels paying foreign crew 70 cents an hour?

According to an article appearing in the noted mariner website GCaptain.com, at least one U.S. flag fishing boat has foreign crewmembers working as virtual indentured servants.

The article contains a letter written by the vessel's captain. It details the story of two Indonesian sailors locked into 24 month contracts for a total income of $7200.00 apiece.

That's $7200.00 total income after two years.

"The sailors on my ship work 15 hours a day, seven days a week," writes Doug Pine, the captain. With 15 hour days and seven day working weeks, "it works out to seventy cents an hour."

Read more here.

Vessel owner not held liable for longshoreman's injuries

A stevedore who suffered serious injuries due to poor lighting aboard a ship did not prevail in his claim against the vessel's owner.

Michael Foley and his wife sued National Navigation, an Egyptian company, for negligence after the accident that took place aboard the M.V. Wadi Alarish.

Foley's duties on the night in question included discharging steel slabs. At some point during the evening, Foley slipped and fell, resulting in fractures to his face, skull, hip, knee, shoulders and ankle.

Foley's wife joined the suit, claiming loss of support and companionship, among other things.

Foley claimed that National Navigation failed to provide adequate lighting.

The U.S. Federal Court supported National, citing that Kinder Morgan, Foley's employer, had a duty to ensure adequate lighting.

Read full case here.

Non-residents allowed right to work in U.S. coastwise trade

Under a new rule, the Coast Guard may issue merchant mariner documents to non-resident aliens for large coastwise passenger vessels.

The John Warner National Defense Authorization Act, or Warner Act, applies strictly to steward's department workers. The rule was made official after being implemented on an interim basis in 2007.

Read more about the rule here.

Cancelled changes to offshore industry a blow to Jones Act supporters

The head of the leading U.S. offshore trade association is mum on the federal government's decision to scrap proposed sweeping changes to the Jones Act.

Ken Wells, president of the Offshore Marine Service Association (OMSA), had no initial comment on the decision by Customs and Border Patrol (CBP) to cancel changes that would have revoked current Jones Act exemptions in areas including diving support work, cable and pipe-laying.

Much of this work is currently carried out under exemptions by foreign crews on foreign vessels. However, the proposal would have required it to be carried out by vessels registered and constructed in the U.S. with 75% percent of the crews being U.S. citizens.

The OMSA has been a major supporter of the proposed changes, which were recently scrapped after what the CBP termed were "several substantive comments" filed during a public comment period.

Source: Daily Fairplay News

Proposed Jones Act changes being scrapped

The U.S. Customs and Border Protection (CBP) is withdrawing proposed changes to the Jones Act.

The CBP announced in July plans to significantly amend interpretation of rules for vessels transporting offshore oil and gas equipment. This would have revoked current Jones Act exemptions in areas including diving support work, cable and pipe-laying.

The proposal left the U.S. offshore sector scrambling to replace foreign crews with Americans, had the changes become implemented.

However, citing "several substantive comments" among almost 150 received during a public comment period that recently expired, CBP decided not to proceed with the changes.

The agency says it will produce a new proposal on offshore changes to the Jones Act "in the near future."

Presently, over 80-percent of this work is carried out on non U.S. flagged vessels.

According to the International Marine Carriers Association, at least five years would be required to provide an adequate number of U.S. vessels to meet the new CBP standards.

Source: Daily Fairplay News

Foreign vessels loophole their way around Jones Act in Gulf of Mexico, Part 1

In 2005, Hurricane Katrina unleashed a storm surge which overpowered the levees of Lake Pontchartrain.

It also opened up the floodgates for foreign operators to gain a toehold in the offshore oil and gas sector.

Both the Jones Act and the Outer Continental Shelf Lands Act (OCSLA) were enacted to protect the American maritime industry by requiring goods being moved between U.S. ports and offshore sites to be shipped on American built and flagged vessels.

However, both laws allow for waivers or exemptions to be granted in case of national emergency or necessity.

After Hurricane Katrina damaged the Gulf of Mexico's refineries and movement of oil, then Homeland Security Michael Chertoff granted a 19 day waiver to allow foreign vessels to transport oil and gas.

But those 19 days have essentially turned into four years as the presence of foreign vessels has continued-and even increased-to the present day.

1  2

Read the story here.

Foreign vessels loophole their way around Jones Act in Gulf of Mexico, Part 2

Jones Act waivers can be granted if specialized vessels are needed and there are not enough U.S. flagged vessels to fill the void.

According to Ken Wells of the Offshore marine Service Association (OMSA), companies are "outright cheating" to skirt the Jones Act by pushing "the limits of what is legal."

Over 30 foreign vessels are said to be operating in the Gulf with foreign crews. These crews operate at substantially lower wages than American crews.

According to the Coast Guard, 23 foreign exemptions were issued for the Gulf in 2008 and 15 in 2009.

The OMSA has filed protests with the Coast Guard and Maritime Administration to block waiver requests.

1  2

Read the full story here.