Jones Act Rights’ Category
Court Rejects Bulgarian Worker’s Contract Claim as Not under Admiralty Jurisdiction: Maritime Attorney Summarizes Decision and Impact
Tuesday, March 9th, 2010
In another interesting decision last year which unfortunately continues to maintain confusion on the matter, a Bulgarian seaman had his contract claim rejected.
First, a little context. In 1996, a seaman sustained injuries (Kossick v United Fruit Co.) during work, and was promised orally by his employer that if he received treatment at a public hospital instead of a private clinic, then he (the employer) would be responsible if there were any consequences of inadequate of improper care. As to be expected, the inadequate care exacerbated the seaman’s’ condition. When the time came for the seaman to take action, the...
Definition of Seafarer vs. Non Seafarer Continues to be Murky: Maritime Lawyer Discusses SC Decision
Thursday, March 4th, 2010
Part of being a maritime lawyer is following up closely on the several judicial rulings and court decisions that shape maritime and admiralty law. This month and through the next, I will be looking a little closer at important decisions and rulings over the past year, that impact admiralty and maritime law cases.
The status of self employed fishermen continues to be a matter of disagreement, and the Supreme Court appears to be in no hurry to clear all the confusion around this important issue. The Supreme Court has in the past defined nonseafarers as those who are “neither seamen...
Preventing Maritime Accidents in Sabine Neches Waterway can be Tricky
Tuesday, February 23rd, 2010
Things are back to normal along the Sabine Neches Waterway more than a week after a maritime collision between a tanker and a barge resulted in a major oil spillage, and shut down the channel for several days. The accident which occurred on the 23rd of January in the 400-foot channel caused severe damage to the tanker, but fortunately, there were no maritime injuries. The local economy however, suffered financial losses as the waterway was blocked for at least four days.
The incident has brought into focus the serious risks involved in navigating vessels through the narrow channel. The Sabine...
Injured at Sea-What Do I Do Now?
Tuesday, February 23rd, 2010
If you have been injured working on a vessel at sea, it’s highly likely that you are looking at a struggle with your employer to recover your claim. Fortunately, there are simple steps you can take to enhance your chances of recovery.
- Make a list of witnesses at the scene of the accident, and note down their addresses and telephone numbers.
- Maintain all records relating to your case. This includes all your medical records, x-rays, scan reports, and MRI reports etc.
- Also,...
Life after a Maritime Injury- How a Lawyer can help
Thursday, February 18th, 2010
For a seaman, offshore worker or any other kind of maritime worker, the days after an injury can be traumatic. During this time, a worker may face financial turmoil and pressure by the company to settle the case.
Financial Strain
A maritime injury is almost always accompanied by financial upheaval in the worker’s family. For most workers, it is the first time they have been injured and unable to work. It is also the first time they have been unable to bring home a steady source of income to care for their families. It’s important to know that you are eligible...
Settle Quickly or Wait for your Rightful Dues? A Maritime Lawyer’s Advice
Tuesday, February 16th, 2010
As a maritime lawyer, I often find myself talking with injured maritime workers who want to know why they can’t just go ahead and accept the settlement that the company is offering them. After all, for an injured seaman who has been out of work and has bills beginning to pile up, even a 5-figure settlement might seem like a good sum.
There are a number of factors that go into defining your maritime injury claim amount. These payouts are meant to cover more than just your current medical costs and daily expenses. Take for instance, a worker who has...
What is a Recorded Statement, and Should I Sign One?
Friday, February 12th, 2010
One of the first things you will be asked to do after an injury is to give a recorded statement to the insurance company representatives or your employer’s representatives. This may seem like the most innocent thing to do, but can actually have a negative impact on your maritime injury claim.
Typically, a worker may find insurance representatives turning up to meet him at the hospital and asking for his account of events on the day of the accident, so that they can “determine liability”. As a worker, you are likely to find yourself being goaded into giving an account...
Calculating Lost Wages and Lost Potential Earnings in a Jones Act Lawsuit
Tuesday, February 9th, 2010
Every single day that an injured seaman spends away from work means an entire day’s worth of wages lost. This may not seem like much if the injury lasts for a week or a couple of weeks. But take a serious head injury or back injury that keeps the seaman off his feet for 3 months and in need of physical therapy and rehabilitation for another 2 months, and the seaman may be looking at accumulated lost wages that are very high indeed.
Basically, a Jones Act seaman is entitled to recover the wages that he would have earned...
A Diver’s Duties and How this Impacts a Jones Act Claim
Friday, January 29th, 2010
A commercial diver’s Jones Act claim may be impacted if the defendant or employers are able to prove that the dive injuries were partially caused by the diver’s own negligence. These issues may arise if a diver has
• Failed to act responsibly
• Failed to practice safe diving procedures
• Has acted with recklessness
• Has knowingly placed himself in danger
• Has disobeyed employer’s instructions
• Has disobeyed exposure limits
It’s important for divers to follow all safe driving practices like inspecting their gear before a dive, following all limits laid out by the decompression tables, and other instructions. Diving must be avoided in poor...
Failure to Provide Proper Life Saving Equipment can Constitute Claims of Unseaworthiness, Jones Act Negligence
Thursday, January 28th, 2010
A seaman never hopes to be in a position where he needs to use life rafts, life jackets, firefighting equipment, and myriad other life saving devices that a vessel must have. However, failure to have properly functioning life saving equipment can very often mean the difference between life and death for a seaman.
The Coast Guard last month terminated the voyages of three commercial fishing vessels off Alaska. The Coast Guard conducted an inspection of the vessels and found that one of them had expired life rafts, while other two did not have lifesaving devices at all. The vessels were...
