Maritime Injury Lawyer Kirkendall Dwyer LLP

US and Chinese Navy Show Value of Maritime Injury Lawyer

While privately owned vessels running into each other is, sadly, nothing new, a story out of China shows that even superpower navies run the risk of collision at sea.

On December 5^th, a Chinese navy vessel is said to have cut across the bow of a US Navy cruiser in the South China Sea. Despite its name, the South China Sea is actually international waters, meaning neither country has a claim to operating there.

Though the US has been the primary naval superpower in the Pacific since World War II, China has made no secret of looking to expand their reach. This alone would be enough to heighten tension, but it’s reported that the American cruiser was specifically in the area to observe China’s newest aircraft carrier. This came on the heels of President Obama’s harsh words regarding China’s insistence on laying a claim to airspace over the East China Sea that Japan believes is rightfully theirs. Both Japan and the US have openly defied China’s claims.

While it’s fortunate that no major collision occurred, the incident highlights how aggressive operating in open waters can be, even when carried out by two superpower governments. Had an accident happened between two privately owned ships, anyone injured would be smart to secure a good maritime injury lawyer as soon as possible.

Without the right maritime injury lawyer, an injured party is often at the mercy of their employer to tell them what they’re entitled to. No matter how generous or straightforward a company is being, consulting a lawyer is still a wise move to make sure nothing is being left on the table.

Operating out of Dallas and Houston, Kirkendall Dwyer LLP can provide the maritime injury lawyer you need in the wake of an accident. While the present situation may be bad, the future can be much bleaker without the right representation at your side.

Jan 27, 2014

Texas Maritime Attorney–Secure Your Rights

Secure Your Rights as an Injured Maritime Worker with a Texas Maritime Attorney

If you’re a maritime worker, it’s important to understand your rights. This is especially true, however, in light of an injury on the job. Understanding them beforehand can make all the difference in the world

One of the first things to understand is that you have the right to an attorney. While your employer may have a company lawyer who can work with you, it’s best to consult your own Texas maritime attorney who you can trust is only looking out for your best interest.

Understand that, until you secure your Texas maritime attorney, you don’t have to speak with anyone—this includes your employer. Unfortunately, your company may wish to speak with you in an attempt to convince you not to file a lawsuit. They may also wish to speak with you as a means of finding out what you know or what exactly happened. It would not be the first time a company actively worked to discredit an employee’s claims or otherwise work to paint a different picture of what caused the injury. Getting your side of the story could be their first step.

So long as the injury wasn’t a result of your own actions, you will also be entitled to having your medical bills covered. This is why it’s also important to pick your own doctor, not necessarily the one your company chooses for you. As sad as it might seem, even a medical professional can take sides.

Depending on the nature of the accident, you could be entitled to lost wages, pain and suffering, and other forms of compensation. However, you could easily end up with hardly anything if you don’t handle the situation correctly. It begins with hiring a Texas maritime attorney from a firm like Kirkendall Dwyer LLP. They’ll be able to help you understand your situation and what to do to get the most out of it.

Jan 26, 2014

Houston Maritime Attorney

Speak to a Houston Maritime Attorney if Your Work Environment is Not Drug Free

Every employee has the right to a workplace that isn’t plagued or impaired by drug use. This is especially true for maritime employees. Any mistake aboard a ship or offshore operation can have a dangerous ripple effect that leaves everyone at risk. Kirkendall Dwyer LLP can provide you with a Houston maritime attorney who will represent you if someone’s drug use has left you injured or unable to work.

Even if the drug use that caused the accident was from a coworker, there is often a case to be made against your employer, who may very well owe you money. For example, the drug use may have been a result of your employer’s failure to properly supervise their employees. It could also have come about because your employer did not enforce appropriate drug and alcohol testing aimed to keep you safe.

All employers are required by law to test potential workers for drugs before hiring. Furthermore, this testing is required to be ongoing for any crewmember, whether he or she is fulltime, part-time, seasonal, or contracted. Those who serve in a safety-related capacity must also be randomly tested. If your injury resulted as a failure to do so, the right Houston maritime attorney could be to your benefit.

Aside from just testing their workers, employers must also report any positive findings to the coast guard. So simply handling a positive result in-house, no matter how severe the punishment, isn’t enough on your employer’s part.

If an accident that wasn’t your fault has affected your ability to work, contact Kirkendall Dwyer LLP. They can provide you with the Houston maritime attorney you need to make sure your rights are being looked after. Another person’s poor judgment has left you impaired. Make the right decision now so you can mitigate the damage it can do to you going forward.

Jan 25, 2014

Galveston Maritime Lawyer

A Galveston Maritime Lawyer Can Get You Compensation for Drugs at the Workplace

Every worker is guaranteed a safe working environment here in America. Part of this means said environment will be free from the negative effects of drugs and alcohol. It’s probably fair to say that this is especially important for maritime workers. The work they do is dangerous enough as it is, without someone clouding their judgment and making matters worse. Fortunately, if you’re injured while on the job because of someone else’s drug or alcohol abuse, a Galveston maritime lawyer can fight to get you the compensation you’re owed.

An incident out of Stenungsun, Sweden shows just how dangerous drugs and alcohol in maritime work environments can be. The captain in charge of a Swedish tanker was found to be too drunk to command the ship he was entrusted with.

This alone is bad enough, but consider that the captain was five times drunker than the legal limit. Furthermore, the tanker was carrying 15,000 tons of flammable liquid. It’s just lucky that he was spotted from another vessel, reported and apprehended before some of the more terrifying possibilities were realized.

As any Galveston maritime lawyer can tell you, this sort of thing is not just unacceptable, it’s illegal. Had an accident occurred that left you injured, a Galveston maritime lawyer could fight for your right to compensation based on the captain’s negligence. However, they would also have an easy time making the case that your employer did not provide a drug free environment for you to work in. While not enough information has come out, it could be that this captain had prior incidents. Perhaps he was able to board and operate the vehicle while under the influence because necessary safeguards aren’t being adhered to.

The legal team at Kirkendall Dwyer LLP knows what the law provides for. If you’ve been injured because of someone’s drug or alcohol abuse, contact them today for representation.

Jan 24, 2014

Maritime Injury Attorneys

The Importance of Maritime Injury Attorneys for Harbor Workers

Harbor workers are necessary for operations related to maritime industry. However, they often operate inside of a strange gray area as far as the Jones Act is concerned. For this reason, a harbor worker should consult with maritime injury attorneys, like those from Kirkendall Dwyer LLP, before accepting any work they are unfamiliar with.

Fortunately, there’s the Longshore and Harbor Workers’ Compensation Act (LHWCA). As the name suggests, this act almost always covers the concerns of a harbor worker who’s injured on the job.

Like any employee, a harbor worker is guaranteed a safe working environment. Thanks to the Occupational Safety and Health Administration (OSHA), harbor workers may also refuse any work they deem to be unsafe. It is illegal for an employer to coerce a harbor worker into doing any work they have already refused on grounds of safety. It is also illegal to suspend, fire, or discriminate against a harbor worker for making this decision. This also leaves them free to file complaints if they feel necessary.

The LHWCA provides for employees who are hurt while in the United States’ waters. However, due to their specific role, harbor workers can also depend on this protection when they are working in ship and boatyards on navigable bodies of water. Docks, wharves, terminals, marine railways and other areas used for shipbuilding can also be included if they are located on shores adjacent to these waters.

One unique feature about LHWCA is that injured harbor workers don’t need to prove that their employer was responsible. It’s still important, though, to have the right maritime injury attorneys for representation.

While they differ in many ways from other maritime workers, the fact remains that harbor workers have rights regarding their jobs. By hiring maritime injury attorneys from Kirkendall Dwyer LLP, they can rest assured that those rights will be protected.

Jan 23, 2014

Pasadena Jones Act Attorney

Capsizing Calls for a Pasadena Jones Act Attorney

There are many reasons a maritime worker may need a Pasadena Jones Act attorney.

Any injury sustained aboard an active vessel while on the job is a good reason to seek representation immediately. No matter how small the damage may seem, the Jones Act guarantees compensation for those who are not responsible for their own injury.

Crew members aboard a barge outside of Singapore recently had an experience with a very large accident. The Heng Hong 168 is a maritime-vessel that has been operating as a fishing barge since 2003.

The barge was about 3 miles off the coast of Singapore when the accident happened. As of December 20^th, 6 crew members had been found aboard a life raft though 5 more are still the subject of an ongoing search.

At the time, there has been no probable cause declared for the vessel’s capsizing, though it could have been for a number of reasons.

Had this happened in American, all crew members involved would want to contact a Pasadena Jones Act attorney as soon as possible. If the five who are missing are found or declared dead, their family members will want to do the same.

That’s because the Jones Act sets out generous standards to compensate maritime workers who are injured while on the job. The families of the deceased are also addressed in the Act.

So long as a crew member didn’t cause the accident themselves, a Pasadena Jones Act attorney will be able to review the incident to see who the negligent party was.

Here in America, maritime workers can rely on the law firm of Kirkendall Dwyer LLP if they sustain any injuries while on the job. The incident involved doesn’t have to be as massive as a ship capsizing in order for the injured parties to receive the compensation they’re entitled to.