Houston Jones Act Lawyer

Fire Aboard a Ship Calls for a Houston Jones Act Lawyer

There are countless ways a normal day at the office can turn bad for a maritime worker. Between the equipment, the vessel itself, and the rest of the crew, variables pile up, and accidents become all but inevitable. Although legislation like the Jones Act is meant to keep workers safe and compensate them in the event of an accident, it won’t do much for an employee who doesn’t have a Houston Jones Act lawyer they can rely on.

For crewmembers of the Golden Miller, December 17^th started out like any other. The ship was docked in Aratu Brazil, while its crew was loading it with cargo. But, at around 5:40 in the afternoon, that all changed. A fire broke out and quickly spread out of control, thanks to the propane cargo that was on deck.

Fortunately, there were no casualties, although two workers were injured. However, the fire continued to rage, despite fire teams and three tugboats equipped with water cannons doing their best. It wouldn’t be put out until the next night.

With an investigation still underway, we don’t yet know how fire and propane met aboard the Golden Miller. However, every crewman aboard, especially those who were injured, would do well to contact maritime attorneys.

In America, a Houston Jones Act lawyer would look at an incident like this to see if the fire was due in part to a crewmember’s negligence. If so, the rest of them could have a case. The fire could have also been due to faulty equipment or a problem with the vessel. Here, too, a Houston Jones Act lawyer would be able to seek compensation for their client.

Even the simplest of tasks aboard a ship carries an undercurrent of risk. This is why it’s so important to have representation like Kirkendall Dwyer LLP available if you’re a maritime worker.

Jan 20, 2014

Necessity of A Maritime Lawyer

A Maritime Lawyer in Houston is Necessary for Deciphering Maritime Laws

Maritime workers have some of the most unique jobs imaginable. Sometimes this is simply because of the nature of their role, but part of it is also because they work under what is known as maritime law. Unlike any other legal system in our nation, maritime law defers to laws that have been established by foreign governments.

This is in large part due to the rich tradition of maritime workers. Their thousand-plus year history means many current laws were built off older ones, which were built off even older ones, which eventually preceded the founding of our nation.

In a court of law hearing a maritime case, it would not be unheard of for a maritime lawyer in Houston to begin their argument by mentioning a centuries-old law from England. Setting precedent there, they can then begin to work forward into the present.

By way of comparison, it would be as if a lawsuit was brought forward by an injured construction worker and the defense cited a British labor law from centuries ago in their rebuttal.

Bodies like the Occupational Safety & Health Administration (OSHA) are designed to provide certain protections to all Americans, but when it comes to maritime workers, OSHA only serves to prove how complicated the issue can be. Outside of deciding which chemicals a seaman can work with, OSHA loses authority to the U.S. Coast Guard in terms of safety. This too is an artifact of traditional nautical law.

So while things like the Jones Act attempt to make matters straight forward, the importance of a good maritime lawyer in Houston cannot be underestimated. As this article hopes to show, very few things can be taken for granted in maritime law. Best to trust your case to a maritime lawyer in Houston like those from Kirkendall Dwyer LLP.

Jan 19, 2014

Why Even Ferry Accidents Could Necessitate a Houston Maritime Lawyer

Despite all the technology available, the unfortunate truth is that maritime accidents are still a fairly common occurrence. Thankfully, as the below story illustrates, these accidents don’t automatically mean a body count. Nonetheless, it helps to illustrate the importance of having a Houston maritime lawyer you can call on immediately in case of such an incident.

On December 18^th, a ferry operating off the coast of North Carolina ran aground. Fortunately, there were no fatalities or life-threatening injuries, but 13 people aboard were hurt.

The call came in at 9 a.m. EST, and the Coast Guard immediately responded. Luckily, the ferry was only moving from Southport, North Carolina to a nearby vacation destination known as Bald Head Island.

Although this story may not deserve national attention, it should certainly be worth a headline for any maritime worker. Accidents like these do happen fairly regularly and they usually involve a number of maritime workers who are aboard at the time.

If this had been off the coast of Texas, every worker aboard would do well to contact a Houston maritime lawyer immediately. Even minor injuries can be enough to make a claim against an employer. So long as the accident itself wasn’t caused by your actions or lack thereof, you are entitled to certain compensation.

The sooner you call your Houston maritime lawyer, the better. As such, it makes sense to take down the information for Kirkendall Dwyer LLP now, while you don’t have the stress of an accident on your mind. It’s a sad fact that employers sometimes try to convince their employees to change objective details of what really happened in order to help the company. Not only could this make you an accessory to insurance fraud, it could also rob you of the medical and financial help you need.

Jan 18, 2014

Maritime Attorney Called in to Deal with Sailors Stranded for Three Months

Though you may be most familiar with maritime attorneys who represent sailors or those who own or operate vessels, they handle a much wider spectrum of duties. For example, just this month in South Africa, one such attorney, Alan Goldberg, arrested 7 ships’ worth of sailors on behalf of the country’s International Transport Workers Federation.

The 75 fishermen were found guilty of illegal fishing by South Africa’s Agriculture, Forestry and Fisheries Department. As such, they had not been allowed off their vessels for the past three months. Finally, the fishermen, who were mostly from Indonesia, were formally brought to the Lindela Repatriation Centre located in Krugerdorp.

The case received national attention because of the conditions the illegal immigrants on board were left to deal with. It was not long before food ran out, supplies ran short, and sanitary needs became a priority.

Fortunately for the sailors, a woman named Mariam Augustus heard of their dire straits and began seeing to their needs. Along with her husband, Cassiem, she cooked meals for the 75 sailors, saw to their laundry needs and even got medical care for those who had fallen ill. Cassiem and Mariam were also aided by Nakhilstan, a group dedicated to feeding the needy.

Interestingly, Cassiem also works for the International Transport Workers Federation, the same group who sent the attorney, Goldberg, to seize control of the ships. As of December 2, Mr. Goldberg had been able to secure control of 3 of the ships with designs to do the same for the remaining 4. The plan is to hold the ships as collateral until the debt for illegal fishing is paid.

This is a good example of the wide range of cases maritime attorneys can hear. Maritime attorneys often hear cases involving crews from other countries with interests counter to that of our own. Though Kirkendall Dwyer LLP handles personal injury, it’s easy to see how a situation like the above could have resulted in that type of lawsuit.

Jan 17, 2014

Your Rights as an Injured Offshore Seaman

Most everyone understands that if they’re employed to work aboard a ship and they get injured at sea, they are owed money. If the employer refuses to pay, the injured simply has to hire a maritime lawyer and take the matter to court (even if they do get paid, it’s still a good idea to consult a lawyer). However, there seems to be some ambiguity related to offshore injuries that occur away from a ship. Is an injured party entitled to anything if the voyage hadn’t even started yet?

The answer is that the injured is absolutely afforded certain rights as it relates to a worker’s compensation. So long as you can prove the injury was not due to your own mistake or error, but rather that of your employer, the owner of the ship, or someone else who was on board, you have a case.

Your claim will entitle you to paid medical attention (including any ongoing medicine or physical therapy prescribed), the wages you would have earned on the voyage had you not been injured, and any room and board necessary for the duration of your recovery or until you reach the highest level expected.

Of course, you could also be entitled to much more, depending on your specific case. For example, you may be able to prove that the accident you suffered was due to your employer’s negligence or that of the ship’s owner. Both the Jones Act and general maritime lawyer will also have a say on other benefits you may have a right to, according to the nature of the accident.

While there’s nothing you can do about the injury having happened, there’s plenty that can be done afterward. It starts with hiring the right maritime lawyer. Though there are countless in the industry, Kirkendall Dwyer LLP covers everything you need in a maritime lawyer and will fight for what’s rightfully yours.

Jan 16, 2014

Using a Baytown Personal Injury Attorney to Sue for Lack of Equipment

Maritime work can involve a number of different tasks for any one job. Each of these tasks can carry an exhaustive amount of variables when it comes to doing the job right and doing it safely. The work maritime employees carry out is some of the most dangerous in the world, thanks in large part to each employee having so many of these variables to keep track of. That’s why sustaining an injury because of an employer’s negligence is simply unacceptable.

According to the Occupational Safety and Health Administration (OSHA), the most prevalent hazards maritime workers face in the workplace are falling, heat, drowning, fatigue, and hearing loss. For the most part, the risk of suffering these dangers can be greatly reduced by having the right equipment.

If you feel your employer is dropping the ball when it comes to outfitting you with necessary equipment, contact a Baytown personal injury attorney today. They can help guide you through the steps necessary to bring this matter to your employer’s attention in order to receive the safety measures you deserve.

Unfortunately, it may be past that point. If you were recently injured because the right equipment was not afforded to you, a Baytown personal injury attorney can certainly file suit on your behalf and seek compensation for the injury you sustained.

Some injuries, however, are less dramatic. For example, if you’ve developed hearing loss from the loud noises at your job and were never given the proper ear protection, you may not have recognized it right away. Nonetheless, you can still be entitled to damages. Contact a Baytown personal injury attorney immediately, and don’t wait another day for what might be yours.

Maritime work is hard enough as it is without your employer undermining your safety. The law office of Kirkendall Dwyer LLP understands this and knows what you’re entitled to in terms of precautionary measures. Contact them today, and they’ll begin looking into your personal injury case.