Blog http://www.1-800-maritime.com/blog/ en-us 2008 Willis Law Firm, All Rights Reserved, Reproduced with Permission http://www.1-800-maritime.com/blog/ Fri, 21 Nov 2008 22:24:51 EST Blog http://www.1-800-maritime.com/images/logoprint.gif http://www.1-800-maritime.com/blog/ Assaults that Occur While Working on a Ship or Other Vessel Given the close living quarters and countless hours on the water, maritime workers often find themselves victims of assault.  Physical assault and sexual assault are prevalent within the maritime industry and many of these incidences go unreported.  Crew members have rights under the Jones Act and can pursue legal action if the employer knew or should have known about the assailant’s violent tendencies.


Assaults frequently include stabbings, sexual assault or rape, weapon use or physical fights.  Serious injuries can result from such encounters as puncture wounds, broken bones, traumatic brain injuries, neck or back injuries, lacerations and severe bruising.  After an assault on board a ship, the victim may also have to cope with stress, anxiety and mental anguish resulting from the event.


When a worker displays violent or aggressive behavior, it can cause the vessel to become unseaworthy.  Victims of assault on a ship can therefore file an unseaworthiness or negligence claim against the owner.  Since seamen, those who are members of a vessel or those who are assigned to a fleet of vessels for their employer, are protected under the Jones Act and can seek compensation for their injuries when they have been harmed by an assault.  Damages for a Jones Act lawsuit can include pain and suffering, lost wages, both past and present, medical expenses and mental anguish.


If you have been assaulted while working on a ship or other vessel, you need to understand your options.  You should consider talking with an experienced Jones Act attorney who can help you determine if you have a case.  The Willis Law Firm has been helping injured seamen for over 25 years and can help you.  Call 1-800-MARITIME for a free and confidential consultation.  Do not wait to seek legal advice as there is a deadline as to when you can file a Jones Act claim.


The article, Crew Member Assaults, has more information on this subject.

]]> http://www.1-800-maritime.com/blog/assaults-that-occur-while-working-on-a-ship-or-other-vessel.cfm http://www.1-800-maritime.com/blog/assaults-that-occur-while-working-on-a-ship-or-other-vessel.cfm mindywein@cox.net Fri, 14 Nov 2008 08:00:00 EST Electrical Injuries and the Jones Act Electric shock can cause serious injuries, even death.  When heavy machinery or equipment malfunctions, the risk of electric shock increases dramatically.  Defective equipment can lead to electrocution and burns.  Most electrical injuries occur on the job.  As a seaman, you may handle equipment on a regular basis, which puts you in danger of electric shock.


When a person comes into contact with an electrical energy source, it is known as electric shock.  An electrical injury occurs when electrical energy flows through the body, which leads to shock and serious burns.  It is common to be burned at the point of contact with the electrical source, such as on the hands, heels or head.


Serious injuries can result from electric shock, including spinal cord injury, paralysis or deformity.  It is important to be aware of electric shock symptoms, as medical attention should be give immediately.  Symptoms of electric shock generally include shortness of breath, chest pain, abdominal pain, pain in a hand or foot, numbness and unconsciousness.  When someone comes into contact with an electrical source, internal injuries could result.  Emergency medical personnel will perform many tests to determine the extent of injuries.


As a seaman, you are protected under the Jones Act if you are injured while working aboard a barge, tug, rig, ship or other vessel.  The Jones Act entitles you to compensation, known as maintenance and cure, when you have been injured.  If the injury was the result of negligence either on the part of the vessel owner, employer or other third party, which is often the case with defective equipment, you may be able to purse further compensation through a Jones Act lawsuit.


The Willis Law Firm represents injured seamen and their family members.  Contact the Jones Act attorneys at the Willis Law Firm for a free and confidential consultation at 1-800-MARITIME.


The article, Injuries Caused by Electric Shock from Unsafe Equipment, has more information about symptoms and treatment of electric shock.


 

]]> http://www.1-800-maritime.com/blog/electrical-injuries-and-the-jones-act.cfm http://www.1-800-maritime.com/blog/electrical-injuries-and-the-jones-act.cfm mindywein@cox.net Fri, 07 Nov 2008 08:00:00 EST Actions Your Employer May Take After an Accident on a Barge or Tugboat Being injured on a barge or tugboat can result in a lifelong disability and pain.  If you have been hurt while working on a tugboat or barge, the vessel owner, employer or third party will take immediate action to help minimize their liability.  You should be familiar with what will take place after an accident so that you can ensure you receive a fair settlement.


One of the first things that the vessel owner, employer or third party will do, is to hire an attorney and possibly an investigator.  They will work on gathering all evidence that can be used to build a strong defense.  For example, they will document the accident scene, secure evidence, interview witnesses, obtain recorded statements and take affidavits.  If your injuries are serious they will move even quicker.


If you are contacted by an investigator after the accident, your statement could be used against you.  The investigator will want to hear your recollection of the events, but be careful with what you say as the conversation will probably be recorded.


Many of the larger maritime employers have their own approved doctors.  After an accident, your employer may encourage you to see one of these approved physicians.  Your employer will often communicate directly with your doctor to hear the details of your medical condition.  Physicians sometimes discuss with employers their plans to get payment approval.  As an injured seaman, you have the right to choose your own doctor and you have the right to a second opinion.


Your employer may schedule a meeting with you to talk about a settlement.  You will be asked the amount in which you will accept.  Even if you give a reasonable figure, your employer may still tell you that the amount is too high.  Many injured workers end up settling for far less than what they deserve, because they did not want to upset their employers.


An experienced maritime attorney can help you after an accident on a barge or tugboat.  The Willis Law Firm has represented hundreds of injured maritime workers just like you.  Call 1-800-MARITIME today for a free and confidential consultation. 

]]> http://www.1-800-maritime.com/blog/actions-your-employer-may-take-after-an-accident-on-a-barge-or-tugboat.cfm http://www.1-800-maritime.com/blog/actions-your-employer-may-take-after-an-accident-on-a-barge-or-tugboat.cfm mindywein@cox.net Tue, 28 Oct 2008 08:00:00 EST Working on a Vessel can Cause Serious Back Injuries If you have worked on a platform, offshore rig, tugboat, towboat, barge, ship or other vessel, you may have experienced a severe back injury.  Due to the nature of work associated with the maritime industry, it is not uncommon for individuals to incur serious back problems.


Back injuries can vary in severity and it is important to recognize the warning signals of a more serious problem.  For example, if there is also chest or upper back pain, leg weakness, numbness in any part of the body or loss of bladder control, it could indicate a serious condition.  Also, if back pain follows a major accident, such as a fall, immediate medical attention should be pursued.


There are many causes of back injuries  within the maritime industry.  Seamen, longshoremen and harbor workers often lift heavy objects and move machinery or equipment, which can put an immense strain on the back.  Other back injuries result from falls on slippery surfaces, unsafe transfers, assaults and car accidents while on duty.  Participating in a repetitious task can also lead to a back injury.


Back injures are categorized into two separate groups – acute and overuse.  If you have suffered an acute injury, you most likely experienced sudden and severe pain.  An overuse injury would have symptoms that appear gradually over time.  The types of back injuries include torn ligaments, spine fracture, spine dislocation, torn or ruptured disk and nerve compression in the lower back.  Any of these injuries can be painful and debilitating for the injured victim.


As a maritime worker or seaman, you are protected under the Jones Act.  When you are injured on the job, you are automatically entitled to compensation, known as maintenance and cure.  If negligence was involved in the accident, you may be able to pursue additional damages through a Jones Act lawsuit.  Contact the Willis Law Firm at 1-800-MARITIME for a free and confidential case analysis.


The article, Back Injuries and the Jones Act, has more information regarding these types of injuries.  


 

]]> http://www.1-800-maritime.com/blog/working-on-a-vessel-can-cause-serious-back-injuries.cfm http://www.1-800-maritime.com/blog/working-on-a-vessel-can-cause-serious-back-injuries.cfm mindywein@cox.net Fri, 17 Oct 2008 08:00:00 EST Cruise Ship not at Fault in Medical Malpractice Case In the case of Carnival Corporation v. Darce Carlisle, the Florida Supreme Court ruled that a cruise ship company, Carnival is not liable for the medical malpractice of a ship board physician.  The Plaintiff’s family went on a Carnival cruise.  During the cruise the family’s fourteen year old daughter became ill.  The ship doctor saw the child several times and advised the family that she was suffering from the flu and did not have appendicitis.  The family chose to leave the cruise and return home where their daughter was diagnosed as having a ruptured appendix.  Her appendix was removed but the girl was rendered sterile from the rupture and the subsequent infection.  The girl’s parents sued the doctor and the shipowner, Carnival, alleging that the doctor committed medical malpractice and that the ship was liable for the doctor’s actions taken aboard its vessel. 

Cruise Line Not Liable in Medical Malpractice Suit

The Florida Supreme Court decided that the vessel owner, Carnival, was not liable for the medical negligence of the ship board doctor.  This case illustrates a few important points for people contemplating taking a cruise or who are injured or become ill during a cruise.  First, cruise ship company’s typically have special laws which have been passed for their protection by the United States Congress and upheld by conservative courts.  Namely, you cannot sue the cruise line in your home court, where you bought your ticket, or in any other court other than the court designated by the vessel owner on the ticket that you purchased. 

Cruise Line Lawsuits Must be Filed in Designated Court

Most cruise companies designate one particular Federal District Court in Miami, Florida as the sole court where your case can be brought.  However, other cruise companies have designated other courts as their “home” court.  Before going on a cruise, you should determine whether the cruise company designates as the forum where your case can be brought.  Secondly, if you are injury while aboard a cruise ship, make sure that you clearly report the injury, make your own recordings, photographs, videotapes, etc. of the condition which caused your injury, any witnesses to your injury, any statements you can obtain from witnesses while still onboard, and the nature and extent of your injuries. 

Many Cruise Lines Doctors Are Not Employees

Lastly, ship board doctors on cruise ships are not employees of the cruise line, therefore, try and immediately get an independent evaluation of your injuries and/or condition and do not depend on the ship board doctor as your sole source of the nature and extent of your injuries. The cruise line company will not stand behind the actions of the doctor to whom they have given an office aboard their vessel in most cases.  Ship board doctors often work on behalf of the vessel owner to try and minimize your claims and/or poorly report your medical condition and/or your statement as to how you became injured.  Therefore you should definitely try and get as much evidence as you can gather on your own. 

]]> http://www.1-800-maritime.com/blog/cruise-ship-not-found-at-fault-in-medical-malpractice-case.cfm http://www.1-800-maritime.com/blog/cruise-ship-not-found-at-fault-in-medical-malpractice-case.cfm Tue, 07 Oct 2008 08:00:00 EST Adequacy of Union Daily Maintenance Rate Questioned as set by Union Bargaining Agreement In the case of Skowronek v. American Steamship Co., the seaman worked aboard an American Steamship Co. vessel.  While at Skowronek suffered a heart attack.  Under the terms of the union collective bargaining agreement, American Steamship Co. paid $8.00 per day in maintenance to Skowronek objected to the $8.00 union rate claiming that it was not an adequate rate.  The U.S. District Court for the Eastern District of Michigan, however, found that maintenance rates, like any other benefit that was the ultimate result of a give and take collective bargaining agreement entered into by the seaman’s union and the vessel owner is binding on the seaman. 

Eight Dollar Per Day of Maintanance Found Not Adequate

Therefore, Skowronek was awarded only $8.00 per day in maintenance pursuant to the union collective bargaining agreement.  This case illustrates the inadequacy of many union maintenance rates.  If maintenance is not agreed on by union contract then the seaman can show what his actual living expenses are for rent or mortgage, basic utilities (gas, water & electric) for his apartment or home, and the cost of transportation to and from reasonable medical care. ]]> http://www.1-800-maritime.com/blog/adequacy-of-union-daily-maintenance-rate-questioned-as-set-by-union-bargaining-agreement.cfm http://www.1-800-maritime.com/blog/adequacy-of-union-daily-maintenance-rate-questioned-as-set-by-union-bargaining-agreement.cfm Tue, 07 Oct 2008 08:00:00 EST Seaman Status Under the Jones Act  


Ovie Reeves, Jr. vs F. Miller & Sons, Inc. Court of Appeal Louisiana 3rd Circuit case where Reeves worked as a pile driver/operator performing various construction duties on a construction barge.  Reeves alleged that he injured himself while engaged in the course and scope of his employment when he slipped on the deck of a pile driving barge located at the port.  The evidence showed that  1)  16% of Reeves work was performed on water;  2) the barge was on site approximately 28% of the hours that he worked;  3)  all vessels on which Reeves worked were located dockside;  4)  Reeves did not sleep or eat on the vessels; 5)  Reeves did not keep watch on the vessels overnight; and 6)  his pile driving duties did not take him to sea.  The jury found that Reeves was not a seaman under the Jones Act because less than 30% of his work was preformed on a vessel. 

Amount of Time Working Aboard Vessels Necessary to Find Seaman Status

The Louisiana Court of Appeals affirmed the juries’ verdict.  This case illustrates one of the necessary elements in proving that someone who works doing different tasks must work at least 30% or more of his time aboard a vessel in navigation in order to be considered a seaman under the Jones Act.  If less than 30% of the worker’s time is aboard vessels in navigation then the worker is not considered a seaman although he may have a General Maritime Law claim for negligence.

]]> http://www.1-800-maritime.com/blog/seaman-status-under-the-jones-act.cfm http://www.1-800-maritime.com/blog/seaman-status-under-the-jones-act.cfm Tue, 07 Oct 2008 08:00:00 EST Jones Act Employer Negligent for Lack of Medical Treatment In the case of Edmundo R. Stiward v. United States of America, the United States District Court for the Eastern District of Louisiana found that in an action against the United States under the Suits and Admiralty Act, 46 U.S.C.S. §30903, the vessel was unseaworthy and the employer responsible under the Jones Act because it failed to carry insulin to treat the seaman’s diabetes.  In this case the seaman proved that the United States of negligent as the operator of the vessel, because it failed to provide him with medical assistance over the course of a week after he developed acute diabetes.  As a result, the seaman had to be evacuated by a helicopter and developed lift threatening injuries resulting in the amputation of a portion of his feet. 

Jones Act Employer Negligent for Failure to Keep Medical Supplies

The Court found that the vessel operators and the crew were negligent under the Jones Act for breaching the duty of care by failing to stock insulin and to medically train the Third Mate.  The Third Mate failed to inform and consult with the ship’s captain about the seaman’s medical decline until it was too late to avoid the amputations.  This case illustrates two important points for seaman working on transocean vessels.  First, it is important to immediately inform the captain and the medical officer of any chronic disease or conditions which the seaman has when signing on to a vessel so that the captain and the medical officers know of your condition and how to treat it properly. 

Additionally, this case illustrates that the seaman must keep the medical officer and the captain, if the medical officer is not responsive, to any condition or injury which the seaman is suffering from so that medical attention can be rendered to the seaman quickly.  If the condition is not treatable onboard the vessel the seaman must demand that the medical officer and/or the captain seek additional medical treatment either by way of consultation with a land-based physician and/or transport to a medical facility even if evacuation is necessary. ]]> http://www.1-800-maritime.com/blog/jones-act-employer-negligent-for-lack-of-medical-treatment.cfm http://www.1-800-maritime.com/blog/jones-act-employer-negligent-for-lack-of-medical-treatment.cfm Tue, 07 Oct 2008 08:00:00 EST Tugboat at Fault in Tanker Collision In a recent case, Crowley Marine Services, Inc. v. Maritrans, Inc.,  the United States Court of Appeals Ninth Circuit found that the operator of a tugboat is primarily responsible for a collision between the tugboat and an oil tanker under the doctrine of comparative fault.  In this case, the tugboat was providing towing services to the tanker when the two collided.  This result in the tugboat being pushed along by the tankers bow and nearly capsizing.  The owner of the tugboat claimed that a regulation which provided that one vessel overtaking another was responsible for avoiding a collision mandated that fault be primarily laid on the tanker.


Tugboat Captain's History of Alcohol Abuse & Health at Issue


 The Court found, however, that the regulation was overridden by the fact that the vessel were traveling in a coordinated formation.  The Court said that the tugboat operator should have investigated the risks stemming from the Tug Captain’s history of alcoholism and health problems, conditions that appeared to be related to a temporary loss of situational awareness shortly before and during the collision.  This case illustrates the doctrine of comparative fault.  In a maritime case both the Plaintiff and the Defendant can claim that the other was guilty of negligence and ask the judge or jury to assign the percentage of fault attributable to each party.

]]> http://www.1-800-maritime.com/blog/tugboat-and-tanker-collision-decided-on-compartive-negligence.cfm http://www.1-800-maritime.com/blog/tugboat-and-tanker-collision-decided-on-compartive-negligence.cfm Tue, 07 Oct 2008 08:00:00 EST Have You Been Exposed to Lead While Working on a Tug, Barge, Ship or Other Vessel? Lead has long been known to be harmful and the cause of serious health problems for adults and children.  One of the main sources of lead is paint.  Lead-based paint can cause harmful exposure when it is improperly removed by dry scraping, sanding or burning.  If you have worked on a vessel that has lead-based paint, you may be at risk.


A vessel that has lead-based paint can produce high concentrations of airborne lead particles.  For workers in enclosed areas or painters and chippers working on repairing a ship, there is an increased probability of inhaling lead dust, especially if they eat, drink or smoke near contaminated areas.


The severity of health problems associated with lead depends on the level of exposure.  High levels of exposure can cause lead poisoning and may result in convulsions, coma and even death.  Lead has also been known to cause nerve damage, brain damage, poor muscle coordination and cardiovascular problems.  Serious lead exposure has been linked to renal disease and reproductive toxicity.


If you have been exposed to lead and are now suffering the consequences, you may be entitled to compensation.  Under the Jones Act, seamen who work on ships, towboats, tugs, barges, rigs and other vessels are protected and have certain legal rights.  Your employer, vessel owner or other third party can be held liable if they knew of the danger and did nothing to correct it.  Contact the Willis Law Firm at 1-800-MARITIME to speak with an experienced Jones Act attorney.  We are available 24 hours a day, 7 days a week.


For more information about the symptoms of lead exposure and treatment for lead exposure, read the article, Exposure to Lead when Working on a Ship.

]]> http://www.1-800-maritime.com/blog/have-you-been-exposed-to-lead-while-working-on-a-tug-barge-ship-or-other-vessel.cfm http://www.1-800-maritime.com/blog/have-you-been-exposed-to-lead-while-working-on-a-tug-barge-ship-or-other-vessel.cfm mindywein@cox.net Mon, 29 Sep 2008 08:00:00 EST Mesothelioma, Asbestosis & Other Asbestos Related Illnesses Exposure to asbestos has been linked to a variety of serious illnesses, such as mesothelioma, asbestosis and lung cancer.  Asbestos is often used in insulation of fire doors, around boilers and as lining in fire boxes.  Several products that use asbestos have been banned by the EPA and CPSC.  Even though the health risks of asbestos exposure have been widely publicized, many maritime workers still find themselves in danger.  Within the maritime industry, asbestos is still found on many sea-going vessels. 


Seamen who work in engine rooms and other areas inside the ship are especially prone to severe asbestos exposure, due to poor ventilation.  Longshoremen who load and unload cargo can also be exposed to asbestos.  The more time that a maritime worker is exposed to asbestos, the more dangerous it can be for that individual.  It can take years for the symptoms of asbestos exposure to surface, but the consequences can be grave.


Asbestos exposure can lead to diseases such as mesothelioma, a cancer of the chest and abdominal linings.  It can also result in abdominal cancers, lung diseases and other ailments.  Asbestosis is a common illness caused by asbestos exposure and is classified as a breathing disorder that makes it difficult for the individual to breath.


Mesothelioma Asbestos Cancer


Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos fibers. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they were exposed to asbestos dust and fiber in other ways. Symptoms of asbestos exposure may take decades before they surface. The onset of symptoms is insidious, and patients often experience symptoms for 4-6 months before the diagnosis is made. Malignant mesothelioma is a rare form of cancer that is diagnosed in approximately 3,000 people each year. The disease usually affects the pleura, which is the membrane that lines the chest cavity and the lungs. It may also affect the peritoneum, which is the lining of the abdominal cavity, and (very rarely) the pericardium, which is the lining around the heart.


Three Types of Mesothelioma Cancer



Asbestos Lawsuits and Legal Help


Mesothelioma lawsuits are filed against a number of different manufacturers of asbestos products under the legal theory of law called products liability. The legal basis of these product liability lawsuits is that asbestos companies failed to warn consumers and workers about the hazards of asbestos. It is a fact that some of these companies have known about the hazards of asbestos as far back as the 1920’s, but continued to sell their products with NO warnings of the danger to the asbestos worker. Asbestos exposure can cause mesothelioma decades later and it can be a very difficult task to determine the source and duration of the exposure. Due to the horrible nature of this disease and the complicated medical issues associated with mesothelioma, establishing proper asbestos product identification is essential. After our law firm obtains the background information and preliminary medical diagnosis reports, we normally meet with the client and conduct an extensive interview to get a full work and exposure history.


Mesothelioma Lawsuits for Jones Act Seaman & Maritime Workers

If the asbestos exposure occurred while working on a vessel, the victim or victim’s family members may be entitled to compensation.  The Willis Law Firm represents maritime workers who have been injured from asbestos exposure and their family members.  Contact the maritime attorneys at Willis Law Firm at 1-800-MARITIME for legal advice.


For more information regarding asbestos, read the informative article, “Crewmembers Exposed to Asbestos.” 

]]> http://www.1-800-maritime.com/blog/mesothelioma-asbestosis-other-asbestos-related-illnesses.cfm http://www.1-800-maritime.com/blog/mesothelioma-asbestosis-other-asbestos-related-illnesses.cfm mindywein@cox.net Fri, 12 Sep 2008 08:00:00 EST Legal Protection for Longshoremen & Harbor Workers Many longshoremen and harbor workers are not aware of the laws that protect them.  Understanding these laws can help workers receive compensation for their injuries.  The Longshore and Harbor Workers’ Compensation Act (LWCA) provides compensation for injured longshoremen and harbor workers. 


To be eligible to file a LWCA claim, an employee must have a traditional relationship to maritime employment, which could include a longshoreman, ship repairman, harbor worker, shipbuilder or ship breaker.  Benefits are available under the LWCA for workers who have been injured on a dry dock, wharf, pier or shipping terminal.   Employees covered by the LWCA are entitled to reasonable medical treatment and income compensation.  Injured workers have the right to receive necessary medical care and can choose their own physician. 


Sometimes an injury is so severe that the employee cannot return to work.  In such a situation, temporary benefits are available under the LWCA.  The longshoreman or harbor worker should be compensated 66 2/3 percent of his or her average weekly salary at the time of the accident.  These benefits are usually paid every two weeks. 


One of the main purposes of the Longshore compensation program is to operate as a mediator in resolving disputed claims.  To receive compensation, a claim has to be filed within one year of the date of injury with the U.S. Department of Labor.  If the injury was the result of negligence of someone other than the employer or if there was a dangerous condition on the vessel, the injured worker may be able to file a lawsuit.  The third party lawsuit can help the employee recover monetary damages for his or her injuries.


For more information about the Longshore and Harbor Workers’ Compensation Act, read the article, “Longshore and Harbor Workers’ Compensation Act Benefits.”

]]> http://www.1-800-maritime.com/blog/legal-protection-for-longshoremen-harbor-workers.cfm http://www.1-800-maritime.com/blog/legal-protection-for-longshoremen-harbor-workers.cfm mindywein@cox.net Tue, 26 Aug 2008 08:00:00 EST Differences Between Jones Act & Workers? Comp If a seaman is injured, should he file a Jones Act claim or workers’ compensation claim?  The answer depends on the details of the injury.  Even though there are a few similarities, the amount of compensation is dramatically different.  Once a seaman files for workers’ comp, he loses eligibility to later pursue a Jones Act case.


Workers’ compensation benefits are designed to cover medical expenses and lost wages, while the injured employee is away from work.  The coverage is offered to workers who have been hurt on the job, but the benefits are only temporary.


Compensation provided by the Jones Act entitles the injured seaman to maintenance and cure.  The employer must pay for reasonable medical care, until the injured worker has improved.  If the injury was the result of negligence on behalf of the vessel’s owner, operator, employer, co-worker or other liable party, the injured seaman may be able to pursue additional compensation.  An unseaworthy vessel also qualifies for Jones Act protection. 


A Jones Act settlement can be substantial.  It includes compensation for pain and suffering, lost wages, medical expenses, disfigurement and mental anguish.  These cases are often complex and require an experienced maritime attorney who can review the facts to build a strong argument.  A successful Jones Act lawsuit can significantly change the injured seaman’s life.


Before filing for any type of claim, whether it is Workers’ Comp or Jones Act, it is crucial to consult with an attorney who can give advice on the best course of action.  For more information about the differences between Jones Act claims and Workers’ Comp claims, read the informative article, “Workers’ Compensation or Jones Act.”

]]> http://www.1-800-maritime.com/blog/differences-between-jones-act-workers-comp.cfm http://www.1-800-maritime.com/blog/differences-between-jones-act-workers-comp.cfm mindywein@cox.net Wed, 06 Aug 2008 08:00:00 EST Compensation for Back, Neck and Spinal Cord Injuries Seamen are regularly injured on the job.  Sometimes these injuries are minor and a full recovery is expected.  Other times an injury is serious and the seaman is not able to return to work in the same capacity.


There are various factors that can contribute to an accident on the vessel, barge, tug, towboat, platform or offshore rig.  When a maritime worker is involved in an accident, the result can be a serious back injury, neck injury or spinal cord injury.  These injuries have a range of symptoms and prompt medical treatment is essential to achieve the best possible recovery.


A back injury can include sciatica, a bulging or herniated disk or fractured vertebrae.  Spinal cord injuries are even more serious as these types of injuries frequently result in permanent disability, paralysis, quadriplegia or paraplegia.  A seaman is protected under the Jones Act and can be compensated for maritime injuries. 


If the vessel owner, operator, employer or co-workers caused the accident, the injured seaman may be able to recover damages.  In the situation where the vessel was unseaworthy at the time of the accident, the seaman is also eligible to file a Jones Act lawsuit.  Compensation may include pain and suffering, mental anguish and lost wages, both past and present.


The Willis Law Firm specializes in cases involving injured seamen and Jones Act claims.  For more information regarding the symptoms, treatment and possible compensation for back, neck and spinal cord injures, read our article, "Serious Injuries Caused by Working on a Vessel."

]]> http://www.1-800-maritime.com/blog/compensation-for-back-neck-and-spinal-cord-injuries.cfm http://www.1-800-maritime.com/blog/compensation-for-back-neck-and-spinal-cord-injuries.cfm mindywein@cox.net Fri, 25 Jul 2008 08:00:00 EST Seaman Status and the Jones Act Successful Jones Act claims can be profitable for injured workers.  The awarded compensation or settlement can cover medical expenses, lost wages, mental anguish and more.  For those who have won a Jones Act lawsuit, they know the amount of stress that can be lifted once they receive the money that they so deserve.


The key factor in a Jones Act case is proving seaman status. A seaman can be a worker on a tanker, semi-submersible, freighter, jack-up rig, towboat, tug, supply boat, barge, lay barge and fishing vessel.  The Longshore and Harbor Workers’ Compensation Act limits the term seaman under the Jones Act to be “a master or member of a crew of any vessel.”  Therefore, a captain or officer is included in this category and can be entitled to Jones Act protection.  Members of the crew who work on movable or jack-up drilling rigs are also considered to be seaman.


There have been many Jones Act lawsuits recently and the maritime attorneys involved in the cases have had to show that the person injured was a seaman at the time of the accident.  That means the vessel had to be in navigation, the duties performed by the worker contributed to the vessel’s function and there was some type of connection between the worker and the vessel.  When proving seaman status, the total circumstances of the maritime worker’s employment are generally considered.


If you were injured while working on a vessel, a maritime attorney can review your case to help you determine if you in fact were a seaman.  When you are injured on a barge, tug or other such vessel, you can seek damages against your employer, vessel owner or operator.


For more information regarding seaman status, reference the article, “Who is a Seaman?”

]]> http://www.1-800-maritime.com/blog/seaman-status-and-the-jones-act.cfm http://www.1-800-maritime.com/blog/seaman-status-and-the-jones-act.cfm mindywein@cox.net Thu, 17 Jul 2008 08:00:00 EST