Galveston Jones Act attorneys: Congress passed the Jones Act back in 1920 to provide federal relief to seamen and their families following the injury or death of s seaman in the course of duty. Congress intended for the Jones Act to give U.S. maritime workers the same rights and legal remedies as land-based workers. Some of the Act was modeled on, and incorporates tenets of, the Federal Employers’ Liability Act of 1908 (FELA), which was instrumental in helping railway workers obtain their legal rights.
One of FELA’s main tenets, and therefore a primary tenet too of the Jones Act, is that it provides legal remedies where employer negligence contributed at least in part to the injury or death of the seaman. Under the Jones Act, the negligence could be attributed to the employer directly, or to its officers, agents, or employees. So even where a fellow seaman caused a victim’s injury or death on the job, Jones Act remedies, including the possibility of a civil liability claim, are available.
When a seaman receives a fatal injury while on the job, the seaman’s personal representative or executor of the estate may file the Jones Act civil liability lawsuit claiming negligence.
The statute of limitations (filing deadline) for most Jones Act claims is within 3 years of the accident that led to the seaman’s injury or death. As the Jones Act is a federal statute, federal law applies. But claimants can file the lawsuit in either federal or state courts. You should consult your Galveston Jones Act attorney to determine the most appropriate venue before you file. Busy courtrooms do not take kindly to claimants wasting their time by filing in the wrong place.
The Jones Act gives seamen a federal remedy for their personal injury or wrongful death cases. The Act takes the place of the state workers’ compensation statutes relied upon by land-based workers. You should not that remedies received under a state workers’ compensation statute will generally limit or bar amounts you might otherwise have received under the Jones Act.
You should consult with your Galveston Jones Act attorney regarding the wisdom of making a workers’ compensation claim in order to avoid being barred from Jones Act remedies. Jones Act relief in many cases could provide a more substantial recovery for the injured worker. Courts often tend to interpret the Jones Act liberally and generously in order to ensure that injured seamen receive the intended relief for which the Act provides.
In a case where a seaman has been fatally injured, the surviving spouse, children, parents, or next of kin dependent upon the seaman could receive benefits under the Jones Act. The surviving beneficiary can file claims both for wrongful death damages based on the financial support they lost when the seaman died at work and for survival damages based on the pain and suffering and medical costs the seaman experienced from the injury prior to death.
In addition to your remedies that are available under the Jones Act after a seaman is injured or killed on the job, you might also be entitled to benefits from other maritime statutes, such as the Death on the High Seas Act. Contact the experienced Galveston Jones Act attorneys at Denena & Points with your questions after you or a loved one was injured or killed in the course of maritime employment. We have the answers you need to help choose among your available legal options and create a firm financial foundation for your family’s future following a needless tragedy at sea.
Gulf Coast seaman’s injury lawyers know that seamen and maritime workers of all types face daily danger as they go about their jobs. From shifting and falling cargo to sudden explosions on an oil rig, anything can happen. You might receive minor injuries or permanent disfigurements, disabilities, or work-related illnesses and conditions. Each case of injury and illness from maritime work is unique and the solutions available to you to cope with the situation will depend upon the specific facts and circumstances of your individual case.
When you do suffer injury or illness from maritime work, you need experienced and knowledgeable legal help on your side. The dedicated Gulf Coast seaman’s injury lawyers at Denena & Points could provide the help you need. We will use our skill and aggressive protection of seamen’s rights to ensure your success in your injury claim.
Lasting injuries and long-term work related illnesses could burden you with financial hardships you never expected nor prepared for. You need the benefits and financial compensation available under maritime law to help you cope with the hardships you face. The injuries and illnesses of seamen and maritime workers are covered by laws such as The Jones Act and the LHWCA that are separate from the workers’ compensation schemes that cover land-based workers.
The goal of our Gulf Coast seaman’s injury lawyers is to help you find relief from the financial hardship of your injury or illness and help you achieve a full medical and monetary recovery. We will work closely with you, your family, and physicians to address your hardship and find solutions.
We could not only help you obtain the full maintenance and cure benefits your deserve under The Jones Act, but also take you every step of the way through settlement or trial if you have a cause of action against a negligent employer because the vessel was unseaworthy and presented an unsafe working environment. We have more than 14 years of solid experience accurately calculating monetary damages regarding your costs for necessary ongoing medical care, lost wages, reduced earnings capacity due to disability, pain and suffering, disfigurement, and loss of enjoyment of life.
Whether you suffer a work-related illness, slip and fall on a deck, fall overboard, experience a docking or mooring accident, vessel collision, fire, cargo accident, or equipment-related injury, our experience could help you. We have in-depth experience helping clients make full recoveries after back and neck injuries, eye injuries, burns, facial trauma, traumatic brain injuries, concussion, hip and pelvic injuries, organ and soft tissue damage, paralysis, disfigurements, amputations, crush injuries, PTSD (post traumatic stress disorder, and the wrongful deaths of loved ones in maritime accidents.
Contact our dedicated Gulf Coast seaman’s injury lawyers for a free and confidential legal consultation – case evaluation. You have nothing to lose and everything to gain. We do not charge our clients attorney’s fees unless we win you a financial recovery for your harm. Contact us toll free at 877-307-9500 or use our convenient online contact features to schedule your free consultation.
Port of Houston Jones Act attorneys know that cargo ships and boats come in all shapes, sizes, and capacities. From huge container ships, dry cargo ships, and carriers to fully loaded tanker vessels or smaller cargo boats, you’ll see them all plying their way around the Gulf of Mexico.
With its status as one of the 3 busiest shipping ports in the United States, the Port of Houston experiences a constant stream of cargo traffic. Given the sheer volume of that traffic around our Gulf Coast waterways, negligence and accidents are bound to happen.
All kinds of cargo vessels carry certain inherent risks that could cause harm to workers and others, as well as to the waterways on which they ply their trade. Poorly secured loads or too-heavy containers with improperly declared weights can shift and crush nearby workers and seamen. The master of a cargo ship might make a navigational error or some other mistake that causes a collision with a dock or another vessel. Poorly maintained equipment might fail, causing other accidents. A capsizing vessel can lead to tragic injuries and drowning deaths.
If you’re a seaman on a cargo ship and you’re injured on the job, you might be covered under the Jones Act for your injuries. Our Port of Houston Jones Act attorneys emphasize that the Jones Act is unusual among workers’ compensation laws in that it not only provides strict maintenance and cure provisions with which your employer must comply, but it also allows you to sue the vessel owner for negligence in certain cases.
The Jones Act is a complex law and the steps that you must take to receive your deserved compensation can be difficult to understand and follow. After you’ve suffered injury on a cargo ship caused by someone’s negligence or by a vessel’s unseaworthiness, you might need the help of an experienced Port of Houston Jones Act attorney to help guide you to a successful claim.
When you need help with your Jones Act claim, contact us at Denena Points, PC for a free and confidential legal consultation. Our knowledge and experience could put you on track to a full financial recovery after you’ve suffered needless harm from a cargo vessel accident.
The Galveston maritime accident lawyers at Denena & Points note that a judge has terminated the house arrest of Francisco Schettino, the Coast Concordia cruise ship captain facing multiple charges over the Costa Concordia shipwreck disaster that left more than 30 people dead in January. The captain is restricted to his hometown near Naples, Italy for the present.
Schettino has been charged with manslaughter, causing a shipwreck, and abandoning his ship while there were still people on board in need of rescue. Some of those rescued were apparently taken aback when they reached the shore to discover that the cruise ship captain was already there and not on board the Concordia helping with the evacuation as he should have been.
Schettino denies the charges against him and disclaims responsibility for the tragedy, calling it a “banal accident” in which “destiny” played a role. (Source: Associated Press, Rome, 7/10/2012.) Somehow our Galveston maritime accident lawyers do not believe we would call a shipwreck that claimed 32 lives “banal.” But we’d like to think that if we were ship’s captains, we wouldn’t cause a wreck by showing off nor precipitously abandon our sinking vessel leaving other passengers and crew to their “destiny.”
Schettino claims that a phone call distracted him and that he was not in charge of the ship’s course shortly before the ship collided with a reef close to the shore of the island of Giglio off the coast of Italy. Our Galveston maritime accident lawyers note that earlier accounts of the incident claim that an attractive blonde passenger distracted the captain.
Work has begun on the multi-million dollar process of removing tons of rocky reef material from the Concordia’s hull in preparation for towing the shipwreck away from the resort town of Giglio. Surviving passengers have described a confused and disturbing scene as evacuation was delayed and poorly coordinated, with many lifeboats unusable, after the wreck of the Concordia.
Schettino claims that he helped direct the evacuation from the shore to which he had so precipitously disembarked. Earlier accounts of the disaster provide detailed accounts regarding a courageous Italian Coast Guard officer who tried repeatedly and apparently failed to get Schettino to assume his duties to evacuate the wrecked cruise liner. Learn more about a captain’s duties to his ship, crew, and passengers in this article by our Galveston maritime accident lawyers.
The Port of Houston is a massively busy international shipping hub, the largest U.S. port for foreign shipping tonnage and the 13th busiest port in the entire world. Our Houston maritime lawyers note that about 60 ships, carrying about $300 million worth of goods, move in and out of the Port complex every day. But the Port of Houston complex is only 25 miles long, and the inland waterway is rather narrow at certain points, so a single accident can disrupt shipping and economic activity on a broad scale for a number of days.
Indeed, in October 2010, the ironically named T/V Safety Quest, pushing a set of 3 barges loaded with scrap metal, smacked unsafely into an electrical tower and pushed it askew. Our Houston maritime lawyers remark that the tower was one of 6 at the waterway, and the closest to the navigable channel. Well-known to navigators familiar with the Port’s waterway, it was nearly toppled by the set of barges. The T/V Safety Quest and its barges held the tower up for several days and kept it from toppling completely across the water until utility crews could remove it. Fortunately, the tower had been shut down prior to the crash so that utility crews could perform maintenance.
The barge accident closed down 19 miles of the Port of Houston facility for more than 3 days, backing up Port traffic, delaying cargo operations, and forcing ships to anchor in place until they were free to move through the waterway again.
But shipping and cargo accidents don’t just disrupt schedules and economic activity. They can disrupt lives and change a family’s fortunes forever. A badly lashed cargo container might topple on workers while a ship is in transit. Or a cargo container with a mis-declared weight might overload and topple a crane or snap the lift cable. Workers can be crushed, permanently maimed, or suffer intensely painful injuries requiring months or years of therapies to heal.
The laws governing redress for seamen’s and dockworkers’ injuries are complex and can be difficult to understand. But to recover the fair financial compensation you need to help you and your family move forward after a catastrophic cargo or shipping accident, it’s essential you make the right steps, file with the correct agencies, and meet filing deadlines and requirements. The aid of an experienced Houston maritime lawyer could be your key to a successful financial recovery.
Learn more about the laws governing injuries at sea or at dockside in this article by our dedicated Houston maritime lawyers.
Our Galveston boating injury attorneys present some of last year’s recreational boating accident statistics, as compiled by the U.S. Coast Guard (USCG), to remind you to take all reasonable safety precautions this year as you enjoy the water. Historically, ugly fatalities and severe injuries from personal watercraft (PWCs, commonly called “jet skis”) have been one of the greatest threats to all users of the water. Blunt force trauma is the most common type of fatal and non-fatal injury in PWC accidents.
While the actual numbers of PWC accidents have continued to rise as the numbers of PWCs in use has risen, the relative numbers of PWC accidents in relation to other boating accidents seem to have declined slightly in recent years. Our Galveston boating injury attorneys list below are some of the more significant statistics from the Coast Guard’s 79-page report:
As these USCG recreational boating accident statistics demonstrate, there is danger out there on the water, and you need to take reasonable safety precautions as you use the waterways in order to preserve life and limb. Our Galveston boating injury lawyers suggest that you wear a life vest, take a course on proper water safety and watercraft operation, observe the “rules of the road,” maintain a safe distance between yourself and other vessels and swimmers, maintain a safe speed, and drink responsibly.
A close review of the USCG statistics indicates that a large number of the accidents are preventable if boaters observe caution and take keep necessary safety measures in mind. Take a look at the full USCG accident statistics report if you get a chance, and absorb its safety lessons. Our Galveston boating injury attorneys hope that when the statistics for 2012 emerge next year, that all the numbers we’ll see will be lower.
Our Gulf Coast dock injury attorneys would like to preface this brief discussion by emphasizing that with use of proper equipment as well as appropriate safety precautions and procures, injuries and fatalities resulting from ships tipping or overturning during dry docking and re-launching processes remain rare. But when such accidents do occur, the consequent injuries can be catastrophic.
Some ship repairs and maintenance procedures require that the ships’ keels, normally below the waterline, be lifted clear of the water so that workers can get to these surfaces and clean or repair them. Lifting a massive ship, designed to float and maneuver in water, free of its natural medium is a tricky process. The ship, normally buoyed and stabilized by the surrounding water, must be supported and balanced by other means.
One method involves the placement of “keel blocks,” lines, and workers to stabilize and guide the ship into its dry dock berth. Our Gulf Coast dock injury attorneys note that an experienced and well-qualified dock master is needed to supervise the complicated operation. Winches attached to cranes on nearby docks might be used to help position the heavy ship in its dry dock berth.
The trickiest and most dangerous part of the operation of dry-docking occurs when support is transferred from the buoying water to the dry dock keel blocks. If the strength of the blocks falls short of the needs, the ship might crush the blocks and overturn. If the foundations holding the steadying winches to the docks are inadequate, lines can snap, cranes can be pulled from their moorings, and again ships can turn over and crush workers who can’t possibly get away from the danger in time.
If the dry-docking operation is successful, the ship repairs and maintenance can begin. Once the hull is sufficiently restored, the ship might be re-launched and moved off to an “outfitting dock” for completion of the work. The re-launch from a dry dock berth might be from the end, from the side, or by flotation or flooding of the dry dock while the ship remains in place. Heavy drag chains help control the ship’s re-entry into its natural medium, the sea. Tugboats then guide the ship to its next berth.
Detailed planning and solid experience are necessary to safely re-launch a ship into the water. So many things might go wrong. Equipment might be flawed or of insufficient weight to control the ship. Inexperienced workers might make mistakes. Our Gulf Coast dock injury attorneys emphasize that if the ship loses its stability at any point during the dry-docking or re-launching processes, multiple injuries and fatalities could be the result.
To learn more about some of the dry docking methods most commonly used, read our Gulf Coast dock injury attorneys’ post discussing three of the most common dry docking means in use today.
Gulf Coast work injury lawyers sadly note that 24-year-old Christopher Hebert bled to death in what has been described as a fatal work-related accident at the Moss Point Omega Protein seafood plant on Monday. The Jackson County coroner released blood loss as the cause of Mr. Hebert’s death at the plant. But further details on his tragic demise have been sketchy and the family is asking for answers. Authorities are still trying to determine the cause of Mr. Hebert’s fatal accident and what caused him to be in the position in which he was found. The family are wondering where were the other workers or supervisors when the fatal accident occurred.
OSHA will be conducting an investigation of the accident. But their report might not shed much light on the family’s questions. Our Gulf Coast injury lawyers point out that OSHA investigations are designed to look into macro issues of American worker safety and workplace dangers rather than into the particulars of individual accidents.
OSHA does not investigate individual workplaces unless:
Omega Protein’s last incidence of workplace fatalities involved an incident last year in May when 3 workers died in the collision of a Sandy Point fishing boat with the container ship Eurus London in the Gulfport Ship Channel.
Our Gulf Coast injury lawyers mention that OSHA has not inspected the Moss Point Omega Protein plant for five years. Now OSHA has 6 months to investigate and issue a report stating whether safety violations were found and proposing penalties for any such violations.
If you or a loved one were injured in a workplace accident and you have questions, contact our experienced Gulf Coast work injury lawyers for a free and confidential legal consultation. We could help you safeguard your legal rights against employers and other liable parties. Our counsel could also help you understand your legal options for obtaining the full financial compensation you deserve after a needless workplace accident. Call toll free at 877-307-9500 or use our online contact features to schedule your free case evaluation/consultation.
Our Houston Jones Act lawyers point out that back when the Jones Act was passed, being a seaman aboard a commercial vessel was one of the most dangerous occupations in the U.S. The intent of the Act was to ensure that ship owners abided by their historical duty to provide Maintenance and Cure to the ill or injured seamen who served their vessels.
Under the Jones Act, “Maintenance” is the compensation that covers the daily cost of the food and shelter that the seaman would receive while working aboard the vessel. This relatively small sum might be as little as $20 per day, and generally not more than $50 per day.
“Cure” is the cost of the medical treatment, hospital stay, doctors’ and nurses’ charges, therapies, medications, and medical equipment required to get the ill or injured seaman fully recovered (or as recovered as is possible in the context of his illness or injury). In other words, when the seaman reaches the state of maximum medical improvement that can be expected, “Cure” payments by the ship owner can stop. Cure is by far the more expensive part of the “Maintenance and Cure” duty.
Naturally profit-conscious ship owners have sought to limit the amount and duration of their “Cure” payouts. And litigation over the extent of the required “Cure” has resulted in the standard of “maximum cure” or “maximum medical improvement.” What this means to the injured or ill seaman is that generally, when medical professionals determine that a condition is permanent or incurable, or basically cannot improve any further because the seaman has reached his state of maximum medical improvement, the ship owner’s duty of Maintenance and Cure ends.
As you might notice, this “maximum medical improvement” rule could leave a grievously ill or injured seaman in the lurch after a certain point. But our Houston Jones Act lawyers emphasize that determining the true extent of a seaman’s injuries and actual prospects for further improvement can be challenging. Different medical professionals might have quite different opinions on the matter. Ensuring that the ship owner complies with legal obligations under the Jones Act could require the aggressive and knowledgeable assistance of a Houston Jones Act lawyer.
If you’re an injured seaman and the owner of the vessel you served is trying to weasel out of legal obligations by insisting that you’ve received your maximum cure, contact our Houston Jones Act lawyers for some maximum legal intervention. Our in-depth knowledge and practical skill regarding the issues surrounding a ship owner’s obligations under the Jones Act could be instrumental in helping you to obtain the full Maintenance and Cure compensation to which you’re entitled by your illness or injury. Call us today toll free at 877-307-9500 or use our online contact form to schedule your free consultation.
Our Galveston Jones Act lawyers note that humanity has maintained a healthy respect for the unpredictability and strength of the seas since he first took to the sea. Even now, failure to respect the sea and its dangers often results in disaster. The Costa Concordia is one recent example. An account from the Safety4Sea website of a seaman trapped under falling cargo presents another example.
In the falling cargo incident that caught the attention of our Galveston Jones Act lawyers, a junior seaman noticed in the course of his rounds that some steel plates stowed in a rack against a bulkhead were improperly secured and moving about in danger of falling. Without notifying his superiors on the watch or otherwise consulting anyone regarding the act, the seaman took it upon himself to correct the problem. In heavy weather, he single-handedly began to re-stow and re-secure the plates.
While the seaman was thus engaged, the ship suddenly rolled heavily, and the steel plates fell. The fallen plates trapped and crushed the seaman’s leg. Another crewman heard the noise of the disaster and responded. The injured seaman was subsequently flown to a land-based hospital for treatment.
The causes of the accident were listed as:
Some suggested ways to prevent another similar accident included:
As the injured seaman’s accident reveals, attempting dangerous tasks on one’s own and without informing others of the situation can lead to painful injury, especially at sea in heavy weather conditions. Our Galveston Jones Act lawyers emphasize that even modern ships do not always incorporate the best designs for cargo stowage and securement. But a fragile human body, even that of a sturdy seaman, is no match for the weight of steel plates and heavy seas.
If you’ve been injured at sea, you might face an uphill battle in obtaining fair compensation for the value of your injuries. Contact our experienced Galveston Jones Act lawyers for help in winning your claim. We offer a free and confidential legal consultation to discuss your accident, available legal options, and potential for financial recovery. If you have questions about how to recover on your claim, we have answers. Call today: 877-307-9500 toll free. Or use our convenient online contact features.