- 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,...
Maritime Law’
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.
Injuries on Offshore Platforms and Rigs- What are Your Legal Recovery Options?
Friday, February 19th, 2010
Maritime and admiralty laws are some of the most fascinating and intricate bodies of laws. A worker may find that the most minor distinction can define whether he is a Jones Act seaman, a longshore worker or a worker covered under the Workers’ Compensation laws of his state.
Take for instance, a worker who is injured on an offshore oil rig. His legal rights may be entirely different from a worker injured on an offshore platform. That’s because these two vessels are seen as entirely different from a maritime law perspective.
An offshore rig is mobile and can be moved, while...
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...
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...
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...
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...
Dive Boat Injuries and Unseaworthiness Claims
Sunday, January 17th, 2010
As a maritime lawyer, I frequently represent commercial divers injured in accidents underwater. Most commercial diving work involves being in the water, unlike a lot of other seamen who may spend much of their employment working on board a vessel. However, this doesn’t mean that there are no commercial dive-related injuries caused by unseaworthy dive boats.
A dive boat must come equipped with equipment that helps the worker perform his activities safely. This includes communication equipment, ladders and platforms, and other gear. Most importantly, dive boats must come with all essential lifesaving equipment that can help an injured diver...
