Jones Act – Page 14 – Offshore Injury Lawyer – Maritime Attorneys – Houston Maritime LawyersOffshore Injury Attorneys

Jan 2, 2014

Commercial Divers Need a Jones Act Lawyer in Houston

While the Jones Act was certainly well-intentioned, there’s no way its designers could have anticipated the wide range of maritime workers who would be employed today. A commercial diver is a great example of this, which is why they should secure a Jones Act lawyer in Houston from Kirkendall Dwyer LLP.

Like many things involving the Jones Act, it could cover divers, depending on the kind of accident they are involved in. If not, the right Jones Act lawyer in Houston can still help you find other maritime laws that seek to protect people in your position.

There’s much more ambiguity involved in commercial diving, too. For example, federal guidelines mandate that certain requirements be met by a diver in order to ensure their own safety. While this is all well and good, there are a number of significant variables that are completely out of their control.

Commercial divers can wind up injured because of issues with their own equipment. Sometimes it’s just a malfunction outside their realm of influence. However, they can also be injured by fellow divers or by other maritime workers operating equipment while they’re working nearby.

As with any maritime worker, commercial divers can take certain steps to protect themselves in the event of an accident (despite the aforementioned vagueness of laws like the Jones Act). The most important is to speak with a Jones Act lawyer in Houston immediately if there are any areas you could use clarification about. This could come up again if you take a job that leaves you with questions. It’s also important that you keep the contact information for Kirkendall Dwyer LLP handy, so you can contact them immediately in case of an accident.

Although the legal protection in place for commercial divers is far less straightforward than that for seaman, that doesn’t mean your job is automatically made less safe. Take the time to speak with the attorneys at Kirkendall Dwyer LLP and you’ll be able to dive with peace of mind.

Jan 1, 2014

Common Maritime Injuries Show Importance of a Good Pasadena Maritime Attorney

Maritime workers have some of the most difficult jobs out there. Part of the challenge is the many variables they must deal with that are out of their hands at any one time. While a bad day at work for many can mean missed sales or lost clients, for maritime workers it could mean injury or even death. The following are some of the common accidents that injure maritime workers. They help to illustrate the importance of having a good Pasadena maritime attorney on your side.

With all the fuel around, fires and explosions are not rare things in maritime work. Burns and smoke inhalation can be a consequence, but so can injuries that are a result of the secondary damage these events cause.

Maritime workers are surrounded by equipment the moment they start their workday. Often this equipment is extremely technical with lots of moving parts. However, the failure of any equipment to work correctly can result in an injured worker. A good Pasadena maritime attorney can often cite the Jones Act on their client’s behalf, making a case that a vessel with failed equipment wasn’t seaworthy.

By its nature, maritime work can often be slippery. Add to that the many steep climbs or descents a worker often has to make, and it’s not hard to imagine how an accident could occur. If a fall like this occurs because of unsafe working conditions, your Pasadena maritime attorney might have a case to make.

Depending on your position, there are countless other kinds of injuries that can occur when on the clock as a maritime worker. Oftentimes, your very safety lies in the hands of your fellow workers. Suffering an injury because of their negligence is as much a reason to sue as any.

A maritime lawyer like those who work for Kirkendall Dwyer LLP can make all the difference in scenarios like the above. The moment you suffer an injury on the job, be sure to call us for the help you deserve.

Dec 31, 2013

Do I Need a Jones Act Lawyer in Houston?

Chances are if you’re working in the maritime industry, you will need a Jones Act Lawyer in Houston if you ever suffer an injury. The law firm of Kirkendall Dwyer LLP can offer their services in such an event. However, it’s a good idea to take their information down now so you have it ready in case of an emergency.

The Jones Act is legislation that was passed back in 1920. While it handles certain areas regarding who can ship goods to and from American ports, it also covers matters regarding maritime workers’ compensation.

Simply because you’re a maritime worker doesn’t mean you receive the benefits of the Jones Act, though. It only applies to seamen who are working on or aboard ships that are currently active. While this doesn’t mean the ship has to actually be moving at the time of the accident, the ship’s status needs to be considered active. After filing a claim under the Jones Act, the court will confirm your ship meets this criterion.

In order to receive compensation under the Jones Act, your Jones Act Lawyer in Houston will need to prove that your injury was the result of someone else’s negligence. Guilty parties could include the ship’s owner, its master, members of the crew or your employer. Unsafe conditions could also be the culprit.

A Jones Act Lawyer in Houston can help you make these determinations before you go spending time and money on a case.

If you do have a case, a qualified Jones Act attorney can also help you get the compensation you’re due. You could be compensated for lost wages, future wages, pain and suffering, medical expenses, and more.

Hopefully this article helps illustrate how important it is to have a Jones Act lawyer at your side in order to benefit from said act. If you’re not sure whether or not the Jones Act covers you in a certain situation, call Kirkendall Dwyer LLP today.

Dec 30, 2013

A Baytown Maritime Lawyer Can Help in the Case of a Wrongful Death

No one likes thinking about death, much less their own or that of their loved ones. Unfortunately, for maritime workers, death is a very real part of their job, one they must consider every time they go to work. If your spouse has died while on the job, contact a Baytown maritime lawyer immediately to ensure you’re getting everything you’re owed.

Wrongful death simply refers to someone’s passing as being preventable. The lawsuit, then, seeks compensation from the party who should have stopped the fatality from occurring. When it comes to maritime work, the employer is generally the target of the lawsuit. They could be found guilty for a number of reasons.

For example, a maritime employer must provide their workers with a drug and alcohol free work environment. If someone dies due to a coworker’s drunkenness, the employer can actually be the focus of a wrongful death suit if a Baytown maritime lawyer contends the alcohol use was because of slipshod policies on the part of the employer.

If a maritime worker dies because the boat they were on sank, the owner of the ship could be targeted with a wrongful death suit. Here your Baytown maritime lawyer might argue that the sinking happened because the vessel did not have the necessary equipment to stop it.

One unique aspect of wrongful death suits is that the accused actually has to prove their innocence. The “innocent until proven guilty” feature of American law is actually reversed here.

Losing someone is never an easy experience, but it can be even more difficult to cope with when it comes out that the person’s death could have been prevented. Hiring Kirkendall Dwyer LLP to file a wrongful death lawsuit won’t bring your loved one back, but it could help you receive the financial compensation you are rightfully owed. Furthermore, it could potentially keep the same situation from happening again.

Dec 30, 2013

Boats are Not the Only Maritime Danger

While boats are the obvious source of maritime risk, they are not the only source. Many people can be unprepared to hear that a helicopter can be a maritime risk. However, they are frequently used to transport workers to and from offshore drilling stations. An incident earlier this year proves that they can be just as deadly to maritime workers ad boats can.

The incident took place in October and left one person dead and three others badly injured. While it is still being investigated as to the cause, it is more than probable that company issues such as malfunctioning equipment or inappropriate training may have cause the crash. If this is the case, the company will need to be held accountable for the injuries sustained by its workers. While this won’t immediately cure them or bring back the man who was lost, it can improve conditions for workers in the future.

When companies are called out on poor safety policies, they frequently change them, either by choice or due to being required by the government. By raising injury claims or by families demanding compensation for lost loved ones, such cases can actually help change legislation or at least bring recognition to an issue that the government and the company may not have even realized was a safety hazard.

Kirkendall Dwyer LLP is on hand with a Texas maritime lawyer ready to handle any injuries suffered on platforms or through other company negligence. If you or a loved one has had to suffer due to unsafe offshore conditions, do so no more. Instead, fight these conditions with both court cases and legislation. Only by using these legal tools can change truly be effected and the injured parties properly compensated for the hardship they have endured.

Dec 29, 2013

NTSB Member Testified About Maritime Transportation Safety Issues

NTSB member Mark Rosekind testified in October before the U.S. House of Representatives Subcommittee on coast guard and maritime transportation safety issues. The USCG and NTSB work together closely to evaluate maritime accidents that meet the criteria for review. The NTSB takes the lead on investigations of accidents with major marine casualties. It will determine the facts and circumstances of the event and will determine what likely caused the accident.

In some instances, the USCG may lead the investigation with support from the NTSB. Additionally, the NTSB oversees and investigates all major marine casualties that happen during the year, which is typically about 30 to 35 occurrences. It is clear that the two agencies are planning to work together to support each other as they move forward in the review of maritime incidents.

One of the main areas of concern is safety for large passenger vessels. This is becoming more important after the Costa Concordia accident in 2011. After that accident there have been several well-publicized incidents of power loss and fires aboard large passenger cruise ships. These incidents are under investigation by the USCG. Incidents that happen in international waters are still investigated by the USCG with help from the NTSB as needed.

The International Maritime Organization (IMO) has representatives from many countries. The U.S. official representative to the IMO is the USCG. Other countries that have representatives include the UK, Japan, Australia, Sweden, Denmark, Canada, Ireland, and Finland among others.

Maritime safety is certainly an important issue. A Texas maritime attorney is experienced in all maritime matters and will review any case to determine how to proceed. Every case is different so it’s important to have an experienced Texas maritime attorney look at the accident. These accidents can be complex and require a Texas maritime attorney with a strong knowledge of the maritime laws and how they apply to your situation.