Does Jones Act provide Relief for Injured Offshore Supply Boat Worker?

Our Gulf of Mexico supply boat injury attorneys note that how much time the worker spent on the vessel, rather than in land-based supply operations, determines whether the worker is considered aseaman under the Jones Act. If the worker isn’t covered by the Jones Act, he might be covered by the state workers’ compensation laws, the LHWCA (Longshore and Harbor Workers Compensation Act), the offshore and continental shelf workers’ compensation act, or the general maritime and admiralty laws that have governed the rights and responsibilities of seamen and their employers for centuries.

The LHWCA and the Jones Act, like state workers’ compensation laws, provide a “no fault” system to ensure prompt medical treatment and payment of financial relief to injured or sick maritime workers.

Worker has Foot Severed while working on Offshore Supply Boat off Louisiana

On Thursday afternoon, a U.S. Coast Guard helicopter was called in to rescue an offshore supply boat worker who had his foot severed when he became entangled in a line. The 27-year-old worker was injured on a vessel about 5 miles off the coast of Louisiana. He was taken to a Louisiana hospital where he was listed in stable condition. (Associated Press via kfoxtv.com, 1/10/14) Our thoughts and prayers are with the worker and his family.

Jones Act Definition of Seamen Generally Includes Crew of Offshore Supply Boats

In order to be considered a Jones Act seaman, the injured worker must be regularly employed on a vessel in navigable waters in a job that contributes to the mission or functioning of that vessel. As the definitions of the terms “vessel,” “regular employment,” and “navigable waters” are vague or nonexistent in the Jones Act, there has been a lot of litigation over the past 90+ years regarding who is considered a seaman.

But in general, our Gulf of Mexico supply boat injury attorneys report that the crewmembers of supply boats and service vessels are considered seamen, as are cruise ship personnel, container, tanker, and cargo vessel crewmembers, tugboat and barge crew, and commercial fishermen and divers.

Seamen could be Entitled to Punitive Damages under the Jones Act if the Vessel is Unseaworthy

Unseaworthiness covers a variety of conditions aboard a vessel, including:

• Unsafe equipment or a lack of safety equipment.
• Slippery deck surfaces or unsafe ladders.
• Defective machinery or equipment.
• Flawed vessel design or unstable vessel structure.
• Inadequate training of crew or employees.

A recent Fifth Circuit Court of Appeals ruling might actually make it easier for seamen injured off the coast of Louisiana to obtain punitive damages in a Jones Act claim. The Court ruled that punitive damages could be awarded where a vessel’s owner has shown a “willful and wanton breach of the general maritime law duty to provide a seaworthy vessel.” (McBride vs. Estis Well Serv., LLC, No. 12-30714) We reiterate that seaworthiness involves a great deal more than just patching the hull and making sure the vessel doesn’t sink.

Know Your Rights! Contact the Gulf of Mexico Supply Boat Injury Attorneys at Denena Points, PC

We provide a FREE and confidential initial legal consultation, without obligation, to discuss the specific facts of your case and evaluate your eligibility for a full financial recovery for the harm you’ve suffered. Call us at 713-807-9500 or just fill out our simple online contact form to schedule your free consultation.

Maritime Accident Injuries from Falls into Cargo Holds

Our Gulf Coast maritime injury lawyers note that many serious maritime accident injuries occur when seamen fall from heights to impact hard with surfaces below. This might happen, for instance, if they fall into an open cargo hold. The greater the height from which you fall, the stronger the force of the impact, and the more severe the injuries you might experience. A fall from a height of even 10 or 12 feet could be fatal.

But, on average, less than 30% of people who fall from heights experience fatal injuries. More often, they experience severe injuries that might include permanent disabilities and disfigurements that leave them unable to work and sometimes unable to face going out in public as before. And the costs of the ongoing medical care that such severe and permanent injuries require could be astronomical.

Seamen seriously injured by falling from heights could need experienced Gulf Coast maritime injury lawyers to help them obtain the full financial recovery they need to get on with life after a severe fall on the job.

Contact the Experienced Gulf Coast Maritime Injury Lawyers at Denena Points, PC when You need Help after a Work-Related Injury or Illness

We provide a completely FREE and confidential initial legal consultation to discuss your case and evaluate your potential eligibility for a full financial recovery from your illness or accident. You have no obligation to hire an attorney, and we never charge you attorneys’ fees unless we win your claim for you. Call us at 713-807-9500 or just fill out our online contact form to schedule your free legal consultation. Put our Gulf Coast maritime injury lawyers’ 14 years of successful experience with complex injury and wrongful death cases to work for your benefit, and get started on your road to recovery today.

Types of Injuries You Might Receive from a Fall into a Cargo Hold

• Serious head, neck, and spinal cord injuries leading to concussions, bleeding in the brain, paralysis, or coma.

• Lacerations that could result in serious infections and/or disfigurements.

• Fractures, dislocated joints, and torn ligaments or tendons that could require invasive surgery and even permanent implants to repair them.

• Amputations.

• Soft tissue and internal organ traumas that could damage lungs, kidneys, the spleen, the liver, and/or other organs and internal tissues.

Legal Help You Need for a Gulf of Mexico Maritime Accident Injury

Under age-old general maritime laws, a seaman’s employer must provide needed medical care after an illness or injury at sea. But obtaining more than the basic minimum may present a challenge.

Contact the Experienced Gulf of Mexico Maritime Accident Attorneys at Denena Points, PC for the Help You Need Obtaining Just Compensation

Depending upon the circumstances of your employment, different maritime industry laws might cover your illness or injury. And each has different filing requirements, eligibility criteria, and compensation levels. The Jones Act, for instance, allows seamen to sue negligent employers for full financial recoveries in some instances. Contact us for a free legal consultation to learn which laws cover your injury and what you need to do to win the compensation to which you’re entitled.

At Denena Points, PC, we provide a free and confidential initial legal consultation, without obligation, to discuss your case and evaluate your potential for a full financial recovery. And our Gulf of Mexico maritime accident attorneys don’t charge you attorney’s fees unless we win your case for you. Call us at 713-807-9500 or reach us anytime by filling out our online contact form.

Dangers You Face in the Course of Maritime Employment

The life of a seaman is a dangerous one, as evidenced by the more than 3,500 maritime accident casualties reported by the IMO (International Maritime Organization) in a recent five-year period. Our Gulf of Mexico maritime accident attorneys note that among the many things that can go wrong to cause severe injuries or even fatalities are:

• Collisions between vessels,
• Running aground,
• Falling cargo,
• Falling into open cargo bays,
• Being struck by moving equipment,
• Oil rig or vessel fires, explosions, and other accidents,
• Helicopter accidents as workers get transported to and from offshore platforms,
• Navigation errors,
• Equipment failures, and
• Weather-related accidents.

Our Gulf of Mexico maritime accident attorneys emphasize that most accidents at sea are preventable. And those that do occur could be reduced in severity when vessels and their personnel have adequate safety and reporting procedures in place. Sound safety rules might include the following:

1. Proper training of personnel,
2. The presence of all necessary safety equipment,
3. Clear channels of communication and procedures for dealing with accidents and emergencies,
4. Thorough inspections and maintenance of vessel equipment, mechanisms, and supplies, and
5. Compliance with all applicable safety rules and procedures in all aspects of the vessel’s operation

Your Source for Able Legal Help after a Serious Gulf Coast Accident

U.S. Bureau of Labor Statistics data shows that commercial fishing and oil and gas extraction are two of the most dangerous occupations in Texas. Our Gulf of Mexico accident attorneys emphasize that whether you are on an oil platform or a fishing or commercial vessel, unexpected and serious maritime accidents, like this fatal collision of a crab boat and a barge, could occur at any time.

Whether your accident occurred on:

• A fishing vessel,
• An oil platform,
• A helicopter transferring you to or from an offshore platform,
• A cargo ship,
• A merchant marine vessel,
• A cruise ship,
• A recreational boat, or
• A personal watercraft like a Jet Ski,

The Gulf of Mexico accident attorneys at Denena Points, PC have answers and information you might need after a serious maritime accident occurs and changes your life.

Serious maritime accidents might cause neck or spinal injuries, severe head traumas, internal organ damage, burns, broken limbs, crushing injuries, or even wrongful death. Depending upon the nature of the accident, state tort law, workers’ comp laws, general maritime law, or the Jones Act could cover your injury or wrongful death claim.

To understand the steps you need to take to protect your rights and obtain the full financial recovery you deserve after an accident, you need knowledgeable attorneys like those at Denena Points, PC who take particular interest in Gulf Coast accidents and safety, and who have experience with the various types of maritime and injury law that could govern your specific accident.

Our experienced Gulf of Mexico accident attorneys could help you after a serious maritime accident.Call us at 281-369-4363 or fill out our online contact form to schedule a FREE initial legal consultation. You have no obligation to hire an attorney. Our veteran attorneys could discuss the specifics of the accident with you, answer your urgent questions, help you determine which body of law governs your compensation claim, and evaluate your eligibility for a full financial recovery for your injuries and losses. We never charge you attorneys’ fees unless we win your case for you. So there’s no financial risk to you.

The Gulf of Mexico accident attorneys at Denena Points, PC fight aggressively for your rights and the just financial compensation you deserve after a serious injury or wrongful death caused by another person’s negligence has changed your life. Win the just compensation you deserve after negligence has caused a needless accident that’s changed your life forever. Contact us today and put our experience and legal knowledge to work for your benefit.

Death Rate for Offshore Workers 7 Times Higher than Other U.S. Workers

The Gulf of Mexico offshore accident attorneys at Denena Points, PC recall that 11 lives were tragically lost in the Deepwater Horizon disaster out in the Gulf, an indicator of the high risk of occupational injury or fatality in the U.S. offshore oil and gas extraction industry. To get a better idea of specific risks to workers in the industry, the U.S. CDC analyzed the data from the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries for the years 2003 through 2010.

The CDC found that from 2003 to 2010, 128 workers died in offshore operations. All but one of these fatalities occurred in Gulf of Mexico oil and gas extraction operations. Offshore workers had an on-the-job death rate that was 7 times higher than for U.S. workers in any other industries. The CDC analysis showed that the fatality rate for offshore workers was 27.1 deaths per 100,000 workers, as opposed to 3.8 for other industries.

51% of the deaths among offshore workers, or 69 fatalities, were transportation-related. 75% of these, or 49, involved helicopter trips to and from offshore platforms. Our Gulf of Mexico offshore accident attorneys emphasize that these helicopter accidents often resulted in multiple fatalities. 24%, or 31 deaths, occurred among the workers who were involved in transportation or materials moving. Among these 31 fatalities were some of the helicopter pilots and crew.

According to the CDC report, the leading causes of fatal injury for offshore workers were:

• Transportation accidents,
• Contact with objects or equipment,
• Fires and explosions, and
• Exposure to harmful substances and/or environments.

On average, salaries for offshore workers are also proportionally higher than for many other U.S. workers. But the higher pay comes with higher risks.

Learn Your Options after an Offshore Accident Injury Harms You or Your Family Member

Contact the Gulf of Mexico offshore accident attorneys at Denena Points, PC for a free and confidential legal consultation. We could discuss the specifics of your accident with you and evaluate your potential eligibility for the financial compensation you deserve after an offshore accident injury changes your life. You have no obligation to hire an attorney. And we don’t charge you attorneys’ fees unless we win your case for you, so there’s no financial risk. Call us today at 281-369-4363 or fill out our online contact form to schedule your free consultation.

Are You Covered Under the Jones Act for Your Maritime Accident Injury?

The Jones Act (the U.S. Merchant Marine Act of 1920) was passed to ensure that U.S. seamen had comparable legal remedies for on-the-job accidents and injuries to other U.S. workers. To qualify for financial compensation under the Jones Act for your maritime accident injury, you must be a “seaman” permanently employed at least 30% of your working hours on a vessel on navigable waters.

The Jones Act definition of seaman includes captains, masters, and officers of the vessels; barge workers; deck hands; other crewmembers; and cooks, bartenders, and others who otherwise meet the definition of seaman mentioned above. Our Gulf of Mexico Jones Act attorneys note that longshoremen, dockworkers, shipbuilders, and harbor staff generally do not meet the definition of seaman for purposes of the Jones Act.

But maritime industry workers not covered under the Jones Act might have remedies available under state workers’ compensation statutes, general maritime law, or the LHWCA (Longshore and Harbor Workers Compensation Act).

Click the link to read more about U.S. Jones Act remedies and financial compensation available to seamen who’ve suffered a maritime accident injury.

Contact the Gulf of Mexico Jones Act Attorneys at Denena Points, PC with Questions about Your Maritime Accident Injury

We understand that it’s sometimes difficult to know which legal remedies are available and how to obtain them after you’ve suffered an unexpected on-the-job accident in the maritime industry. We’re here to help.

Our experienced Gulf of Mexico Jones Act attorneys provide a free and confidential initial legal consultation to discuss your specific accident and evaluate your potential eligibility for financial compensation and other remedies. You have no obligation to hire an attorney. If you do choose us to represent you, we don’t charge you attorney’s fees unless we win your claim. So there’s no financial risk to you. Let us help you recover. Call us at 281-369-4363 or reach us through our online contact form to get your free legal consultation.

Why Jet Skis Account for Almost 20% of All U.S. Boating Accidents

The Office of Boating Safety of the U.S. Coast Guard said that in 2011, jet skis, also known as personal watercraft or PWCs, accounted for 1,158 of the 5,939 reported boating accidents and for 764 injuries. That’s almost 1 out of every 5 boating accidents, even though jet skis represent a much smaller proportion of all vehicles on the water.

Contact the Gulf of Mexico Boating Accident Attorneys at Denena Points, PC if You or Your Loved One has been Injured in a PWC Crash

We provide a free and confidential initial legal consultation to discuss your accident and available legal options after a serious crash. You have no obligation to hire an attorney. And we never charge attorney’s fees unless we win your compensation claim for you. Call us today at 281-369-4363 or reach us through our online contact form to receive your free legal consultation. Put more than 12 years of experience of our Board Certified attorneys to work for your family’s benefit.

The Unique PWC Design Features that Lead to Serious Injuries and Fatal Accidents

Our Gulf of Mexico boating accident attorneys  note that most people find certain design features of the jet ski counterintuitive. Unlike other vehicles, you can’t really “brake” a PWC. When you ease off the throttle, the jet ski just has to gradually slow down from water friction as it runs out of power. And steering is largely dependent upon and linked to the throttle. Cut power and you lose steering ability as well.

These unusual design features, great for professional water racers, prove challenging for most jet ski riders. Faced with sudden obstacles in their paths, such as swimmers or other vehicles, the drivers may try to do what they’d do in other vehicles: slow down and steer clear. But on a jet ski, if you slow, you can’t steer.

Many fatal or serious injury crashes result from these counterintuitive design features. Most of them are injuries to family members or friends. Our Gulf of Mexico boating accident attorneys point out that jet ski crashes disproportionately lead to blunt force trauma wounds in the chest or abdomen and/or severe head injuries, as the PWC that the driver suddenly can’t steer impacts swimmers or boaters at high speed.

Get Training on How to drive a Jet Ski before You take to the Water

To compound the problem, only 8 states require all PWC operators to take mandatory training before driving the vehicles. Individual U.S. states all set their own PWC safety requirements. 20 states require training of certain groups of jet ski operators such as people under 21.

Coast Guard statistics show that almost 80% of all serious injury accidents from PWCs result from drivers who lack any formal training in driving a jet ski. Our Gulf of Mexico boating accident attorneys urge you to train before you ride. Driving a jet ski is unlike driving other vehicles.

Faulty Bolts on Offshore Oil Rigs in the Gulf of Mexico may Fail

Maritime industry workers who work on the offshore oil rigs might be interested in a recent safety finding of the U.S. BSEE (Bureau of Safety and Environmental Enforcement). The Bureau’s Offshore Regulatory Program is responsible for developing standards and regulations to enhance operational safety as well as environmental protection related to offshore exploration and development of oil and natural gas resources on the U.S. Outer Continental Shelf.

The BSEE has found that zinc electroplated bolts manufactured by GE for use on rigs’ lower marine riser packages and wellhead connectors to connect the blowout preventers have been improperly heat-treated. Our Gulf Coast maritime injury lawyers note that lack of proper heat treatments makes the bolts vulnerable to stress corrosion cracking caused by hydrogen embrittlement. What this means is that offshore oil rigs that use these bolts are vulnerable to H-4 connector bolt failures and resulting discharge of oil and pollutants. And possible ignition and explosion of released discharges.

The BSEE has ordered that operations be suspended on all offshore oil rigs in the Gulf of Mexico that use the bolts until they can be refurbished or replaced and then examined and certified as properly heat treated by an independent third party. The BSEE order has offshore drilling groups scrambling to comply in order to get production back in place. Diamond Offshore, for instance, has already stated that will replace the bolts on 30 of its platforms (two thirds of its fleet) and that the replacement operation will be complete within six weeks. (Source: Marine Log, 2/8/13)

Your safety is at risk when defective parts are used in manufacturing the rigs where you spend your working life. Our Gulf Coast maritime injury lawyers point out that recent years have seen some deadly explosions and fires from faulty equipment and operations out in the Gulf of Mexico.

Learn more about Maritime Safety and What You can do if You’re Injured on the Job

Read our Gulf Coast maritime injury lawyers’ FAQs, informational articles, and blogs. And if you have questions or concerns about an injury or illness you received while working in the maritime industry, don’t hesitate to contact the Gulf Coast maritime injury lawyers at Denena Points, PC for a free and confidential legal consultation. You have no obligation to hire an attorney. And what you learn could help you make an informed decision about the proper course of action to ensure a full financial recovery after a needless maritime injury. Call us at 281-369-4363 or reach us through our online contact formanytime.

Consult our Houston Maritime Lawyers if You Have an Offshore Injury

There are many conflicting sets of laws that govern offshore workers and their injuries. General maritime law covers injuries received while you were on navigable waters. If you’re an offshore worker on a dock, platform, or oilrig, your rig is on or in navigable waters. But your worksite might actually be considered “land.”

In that situation, you would look to the same state workers’ compensation statutes for your injury as other land-based workers. If you’re injured working on a dock, there are a few different bodies of law that might apply to your injury. You need to be sure and file your claim under the correct set of laws or it will be denied.

The location where you received your offshore injury (a dock, platform, rig, or vessel) plays a key role in your injury claim and where you will file your case. The laws are complex and sometimes figuring out which laws apply to your injury can be difficult. You should consult our experienced Houston maritime lawyers to learn where and how to file your claim and your potential for financial compensation from your claim.

Our in-depth understanding of general maritime law as well as land-based workers’ compensation laws could guide you surely through your navigation of the muddy waters of an injury claim. Time is of the essence after you have been injured in an accident offshore.

The laws under which you might make your claim have different filing deadlines and differing procedures you must follow to make your claim and build a solid case. There are differing standards governing proof of causation of your offshore injury for instance. Causation is an essential element of proof in an injury case. So it’s vital that you seek experienced legal help as soon as possible after your injury.

Get the Strong and Effective Legal Help You Need to Win Your Injury Claim

Contact the experienced Houston maritime lawyers at Denena & Points right away. Schedule your FREE, no obligation private legal consultation. Learn about which compensation laws govern your injury claim and what you need to do to achieve a just financial recovery for your offshore injury. We could help you understand the essential elements that affect your eligibility for injury compensation. Call us or reach us online to start your free case evaluation legal consultation.

Pre-existing conditions and a seaman’s right to maintenance and cure

The Gulf Coast Jones Act attorneys at Denena & Points emphasize that the right to maintenance and cure is an age-old right of ill and injured seamen that has since been codified in the Jones Act and other maritime laws. Where a seaman suffered an injury or illness while in service to a vessel, he can claim maintenance and cure as a matter of right.

The exceptions to the employer’s obligation to provide maintenance and cure are rare. And doubts and ambiguities will generally be resolved in favor of the seaman. Even where a seaman had an injury or illness that pre-existed his service to the vessel, he cannot be denied maintenance and cure so long as he disclosed that condition prior to employment.

So employers generally require a pre-employment physical examination and questionnaire. And unless the seaman fraudulently or knowingly conceals a pre-existing condition from his employer, his employer cannot later deny the seaman maintenance and cure.

Our Gulf Coast Jones Act attorneys caution that where the seaman has knowingly or fraudulently concealed a pre-existing condition, the employer does have a valid defense to a claim for maintenance and cure. To establish the validity of the defense and dismiss a claim for maintenance and cure for a seman’s injury or illness, the employer must show:

• That the seaman intentionally concealed or misrepresented medical information. Proof does not rely on the seaman’s subjective intent here. It relies on an objective evaluation. If the non-disclosed information would have been important to the employer in making his decision to hire or not to hire, the test is met.
• The non-disclosed medical information would have been material to the employer’s decision to hire or not to hire.
• There is a causal connection between the illness or injury for which maintenance and cure is claimed and the information on a pre-existing condition that the seaman failed to disclose prior to hire.

Our Gulf Coast Jones Act attorneys suggest that seamen be aware of this exemption to the maintenance and cure provisions, and always disclose relevant pre-existing conditions during a pre-employment physical exam and questionnaire. And if your employer resists his obligations to provide you with maintenance and cure for an illness or injury that you have contracted in service of his vessel, be sure to contact us for aggressive help in securing your age-old seaman’s rights.

Our Gulf Coast Jones Act attorneys have more than 14 years of experience helping injured victims obtain the just financial recoveries they deserve after a work injury or illness. And we offer a free initial legal consultation and will not charge you attorney’s fees unless you win your claim. You have nothing to lose and a solid financial foundation for your future to gain. Call or email us today.