Category: Jones Act

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.

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.