Jones Act claim’
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...
Limitations of Liability and how it Impacts Your Jones Act Claim
Thursday, February 4th, 2010
Limitation of liability is one of the ways that a maritime employer under the Jones Act can use, to limit his liability in a civil action. Simply put, Limitation of Liability allows the owner of the vessel to restrict his liability for a worker’s injuries.
The provision for such a restriction is contained in the Limitation of Liability act of 1851. The Act was meant to give American-flagged vessels an edge while competing with foreign vessels on the open seas. It was then believed that vessel owners who faced unrestricted or unlimited liability in case of maritime disasters like a...
When Can I Bring a Claim of Unseaworthiness Against a Vessel?
Tuesday, January 19th, 2010
A maritime claim of unseaworthiness is different from a Jones Act claim of negligence. This may be filed along with your Jones Act claim, but offers an entirely separate source for damages recovery.
Unseaworthiness refers to dangerous conditions on a vessel. Employers are required to provide safe living, working and recreational conditions on a vessel, and failure to provide these, can render a vessel owner liable in an unseaworthiness claim. It’s important to note that a seaworthy vessel does not have to be a brand new vessel.
A vessel may be unseaworthy if any of the following conditions are present.
- Defective...
Riverboat Casino Drowning Accident: Can the Jones Act Apply?
Sunday, January 17th, 2010
Questions of Jones Act seaman status can be extremely complicated, which is why you need to consult with a specialized maritime lawyer, and not just any personal injury lawyer when you have to determine such status. The family of a riverboat casino employee in Louisiana may find that these questions severely impact their option for recovery.
In October last year, a 41-year-old employee of the Diamond Jacks Casino died when he fell into the Red River. Investigators believe that the employee Johnny Mark Williams opened an access door, and fell into the water. Other employees ran to rescue him, but...
Jones Act Seaman Bases Claim on Injuries Suffered While Performing Stressful Work
Monday, January 11th, 2010
A Jones Act lawsuit in a Jefferson County District Court blames the seaman’s hernia and other injuries on heavy and stressful work that the man was forced to perform.
According to the seaman, who worked on an offshore semi submersible rig owned by BP America Production Company, he was ordered to move a 30- gallon gas drum weighing hundreds of pounds up the stairs. This was not part of the worker’s normal duties, and had to be done because the hoses that were typically used to transfer gas to air compressors, were not functioning. As the worker tried to...
