Alexander Dwyer – Page 14 – Offshore Injury Lawyer – Maritime Attorneys – Houston Maritime LawyersOffshore Injury Attorneys

Jan 10, 2014

Jones Act Attorney in Houston Important for Claims of Unseaworthiness

You might think that if a vessel was unseaworthy, it wouldn’t be allowed to leave port. Unfortunately, history has proven that this simply doesn’t always happen. Despite the cargo on board, to say nothing of the many lives at risk, unseaworthy vessels have been allowed to embark, in direct violation of the Jones Act. When this happens, any maritime worker needs a Jones Act attorney in Houston, like those from Kirkendall Dwyer LLP, to take action on their behalf.

Though the Jones Act ensures compensation for any maritime worker who can prove that negligence on the part of a coworker or employer caused their injury, it’s actually not all that straightforward when it comes to issues of unseaworthiness. Its complicated nature is why a qualified Jones Act attorney in Houston is necessary for representation.

For one thing, a ship can be unseaworthy for a number of reasons. Obviously, if it’s able to leave port, there isn’t an apparent issue like a gaping hole that would let water in.

Any preexisting issue that could cause an accident onboard a vessel can make it unseaworthy. Examples would be malfunctioning equipment, lack of sufficient workers or food aboard, even steps that are too steep.

Another unique feature of a claim of unseaworthiness is that it’s brought against the ship’s owner, not the person who employed the injured worker. The idea is that this will automatically force the hand of the person who has the power to make the necessary changes. Were this not the case, an owner would have reason to simply keep issues of unseaworthiness under their hat until something went awry, and the crew’s employer would be forced to pick up the bill.

Hopefully the above helps illustrate how important a Jones Act attorney in Houston is when it comes to claims of unseaworthiness. Kirkendall Dwyer LLP can help better clarify matters and provide you with representation if necessary.

Jan 9, 2014

Ship Collisions Necessitate the Right Port Arthur Maritime Injury Attorney

When a maritime worker clocks in, they immediately need to be aware of every action they take. After all, the next decision they make could have catastrophic repercussions for themselves, the vessel, its cargo, and even their fellow crewmembers. When the vessel’s owner, their employer, or one of their coworkers makes a mistake that ends in their injury, the right Port Arthur maritime injury attorney can help them receive the compensation they rightfully deserve.

A story out of China serves to show how massive accidents can occur while maritime workers are just trying to do their jobs. On the morning of December 15th, a Chinese cargo vessel collided with a Greek container ship while the two were travelling through the Yangtze River. In this day and age, a collision might seem like a rare occurrence for commercial vessels, but China has had numerous this month alone. Fortunately, for everyone involved, rescue efforts were successful and everyone survived.

Had this occurred in America, injured crew members would have a case for compensation, unless they themselves caused it. The Jones Act of 1920 is a broad piece of legislation that guarantees crew members compensation when they’re injured due to someone else’s actions.

At the moment, we don’t know who’s to blame. However, when it’s announced, a Port Arthur maritime injury attorney would almost immediately know if their client was due recompense beyond reimbursement for hospital bills.

For example, if the vessels crashed because the captain of one wasn’t paying attention, this kind of negligence would be cause for a lawsuit. If the accident occurred because the ship wasn’t outfitted with the proper equipment, its owner would actually be held accountable.

Fortunately, American maritime workers have not only the Jones Act, but also the option of hiring a Port Arthur maritime injury attorney like the ones who work for Kirkendall Dwyer LLP.

Jan 8, 2014

Ferry Crash in Hong Kong Shows Importance of Good Offshore Injury Lawyer

Although ferries aren’t generally considered to be rather fast vessels, a high-speed Chinese version was going at about 30 to 40 nautical miles recently, when it hit an unidentified object.

The ferry had left Hong Kong and was destined for Macau on the morning of November 29^th. After roughly 15 minutes at sea, the accident occurred. Fortunately, Hong Kong’s Marine Department reported that all 105 of the passengers aboard and all 10 crew members had been accounted for. Nonetheless, 85 people aboard did sustain injuries; 6 of them were said to be serious. Despite the damage sustained, the ferry was able to return to its port after inspection.

This goes to show the importance of having an offshore injury lawyer for representation. Any of those 10 maritime workers aboard could have a case against their employer. Had this happened off the coast of America, the Jones Act would secure compensation for any of the injured workers, so long as they could prove the accident wasn’t their fault. Again, this is a job best left to a qualified offshore injury lawyer.

Having reputable representation is great, but knowing your rights and how to respond in the wake of an accident is equally important. Call Kirkendall Dwyer LLP today if you have any questions regarding these matters.

Ferry workers may think they aren’t susceptible to serious accidents, but this case shows otherwise. In fact, last October, this very same port witnessed two ferries collide. 39 were left dead. Here in America, a ferry just ran aground this week, though fortunately no one was hurt.

No matter what kind of vessel you work on, have the contact information for an offshore injury lawyer like those at Kirkendall Dwyer LLP on you at all times. Hopefully these stories help illustrate that no ship is accident proof.

Jan 8, 2014

Are There Ramifications for Speaking with a Maritime Injury Attorney?

If you’ve been injured in a maritime accident, it’s important that you seek the legal counsel of a maritime injury attorney. One conversation is all it could take to help you understand what you’re entitled to. This can include medical expenses, lost wages, and oftentimes much more.

Unfortunately, some maritime workers are intimidated by the prospect of going to a lawyer for help. It is not uncommon for the employers to speak with a worker first, offer them compensation and convince them to accept that the matter is closed and over with. Speaking with a lawyer can seem like the fast track to unemployment or even a hostile working environment.

This doesn’t have to be the case, though. For one thing, any maritime injury attorney will grant you complete confidentiality as protection. So you can tell them whatever you like, without fear that the conversation will ever get back to your employer or coworkers. Client attorney privilege furthers this protection once they begin working for you.

Without speaking to an attorney, you’ll never know what you’re entitled to. As such, you won’t know for sure if your employer is being fair or simply trying to buy your silence and compliance.

Any indication from an employer that they would like you to keep silent is generally a sign that you should seek representation immediately. If a company is capable of that kind of tactic, they might also be corrupt enough to distort evidence or speak with other employees about backing their version of events. The sooner you speak to a qualified attorney, the sooner a lawsuit can be filed, and you can begin getting what is rightfully yours.

Kirkendall Dwyer LLP understands that speaking with a maritime injury attorney can often be a difficult thing. Fortunately, they guarantee confidentiality and can help you better understand what your case involves and what you could receive in damages.

Jan 7, 2014

Get Help with Maximum Medical Improvement from a Maritime Attorney

If you’ve been injured in an offshore accident, you may have come across the term maximum medical improvement. Insurance companies use it to mean that benefit payments for an injured worker will cease. This is based on the belief that the worker’s recovery has hit a plateau and will not be improving any further. As such, they believe further medical bills won’t have a positive effect.

While it’s possible the insurance company could be right, it’s important that you have a qualified maritime attorney from a firm like Kirkendall Dwyer LLP review the matter on your behalf. In fact, it’s best to contact them, as soon as the injury happens, to make sure the issue of maximum medical improvement is handled preemptively.

Unfortunately, it’s not uncommon for an employer, insurance agency, or both to guide or recommend you to a certain healthcare provider. Often times they’re picking this particular physician based on their mutual history. If they can get this doctor to sign off on the idea that you simply won’t recover any further, the insurance company and your employer could be off the financial hook.

By speaking with a maritime attorney immediately, though, you can get help finding a medical practitioner who will keep your best interests in mind. Although maximum medical improvement may still become an issue, you’ll be able to rest assured that it’s for a legitimate reason. Furthermore, your attorney can look the matter over to provide further assurance.

Suffering an injury offshore is bad enough and often starts a complicated process of making sure you get the compensation you rightfully deserve. Unfortunately, some companies can make matters worse by trying to force maximum medical improvement judgments through. If you become injured, contact a qualified maritime attorney, like the ones working for Kirkendall Dwyer LLP, as soon as possible.

Jan 6, 2014

China’s Fog Shows Importance of Maritime Injury Lawyers

Despite the wealth of technology modern day crews can rely on for safe voyages, serious accidents still happen. China has been a hotbed of examples lately with yet another accident occurring on December 6^th. Besides highlighting the dangers crews are still exposed to on a regular basis, these accidents also make it clear how important it is to have the right maritime injury lawyers available to receive the necessary representation.

On the morning of December 6^th, “JIA LI HAI” and “MV XIUMEI TIANJIN” collided in the sea region of Zhejiang Zhoushan. The “JIA LI HAI” cargo ship, owned by China COSCO, has a deadweight tonnage of 100,000 tons. It was on route to Laotangshan port when it collided with the “MV XIUMEI TIANJIN”, a container ship that’s 168 meters long.

Fortunately, no one aboard the “JIA LI HAI” was injured due to the accident, though it did sustain severe damage that caused it to lose power in open water. “MV XIUMEI TIANJIN” received minor damage, but was still able to proceed.

The recovery effort was organized by the Zhejiang Maritime Rescue Administration, which partnered with the East Sea Rescue Bureau. Altogether, it took 12 tugboats and 4 different cleaning vessels to handle the wreckage. By the afternoon, the smaller cargo ship was moved to shallow water. While it was able to successfully anchor there, it is still taking on water, though the threat of sinking is no longer a concern.

This was just one of three accidents that occurred in as many days. Fog is thought to have played a role in all of them.

While it’s fortunate no one was injured, it’s clear those onboard were lucky. Maritime injury lawyers are absolutely essential in such situations to make sure those onboard receive the representation necessary to secure what they’re entitled to. Kirkendall Dwyer LLP provides maritime injury lawyers for just such occasions.