Jones Act – Page 16 – Offshore Injury Lawyer – Maritime Attorneys – Houston Maritime LawyersOffshore Injury Attorneys

Dec 19, 2013

Two Dead in Gas Platform Accident

An accident on a gas platform in the North Sea earlier this year left two dead and one injured. It seems to have been caused by an equipment malfunction, so the platform was not evacuated as it would have been in the case of a leak.

Due to other North Sea accidents and vocal concerns that equipment on North Sea platforms should be replaced or at least closely inspected due to age, it is clearly a dangerous time to be an offshore worker on these platforms. However, even if such inspections were carried out, there would still be risk.

Regardless of the inevitability of risk, companies carry the responsibility to protect their workers as much as possible. Whether the company should have anticipated the failure of the faulty part is difficult to say, but because it did not, two workers have lost their lives.

Offshore workers do have legal recourse to companies cutting corners or otherwise not doing the best job of protecting them. There are many ways that a maritime worker can get compensation for injuries or that their families can be compensated for an accident that ends in death.

The best option is to have maritime injury attorneys at the ready. After you have already been injured is no time to be looking for a lawyer to help get the money you need to pay your hospital bills. Call Kirkendall Dwyer LLP today to either find out more about your options should you be injured in the workplace or just want to form a working relationship with the company in case the worst should occur.

Dec 18, 2013

Understanding the Jones Act

The Jones Act is also known as the Merchant Marine Act of 1920. The Merchant Marine Act defines the legal rights of a sailor who is injured or killed as a result of negligence on the part of vessel’s owner or other sailors. The law outlines the right to sue their employer and the right to receive a trial by jury. Before the law was passed in 1920, sailors did not have these rights on a consistent basis. Sailor’s rights were very limited until the law was passed.

The Merchant Marine Act is considered to be a milestone in liability law. One of the motivators for Congress to enact this law was the sinking of the Titanic in 1912. The accident was the largest of its kind and was widely publicized worldwide, bringing a heightened public awareness to maritime accidents. Additionally World War I brought concerns about merchant marine safety. In 1915, Congress put safety requirements in place as a way to protect the welfare of American seamen serving in the Merchant Marines. This was the precursor to the Merchant Marine Act.

The Jones Act, as it has come to be known, formally provided for legal rights of sailors. It specifically outlines that any seaman who suffers a personal injury may seek action for damages with the right to a trial. The definition of seaman came to be unclear as the years went by. Through various legal actions, the term now includes workers on oil rigs and dredges. To be covered under the Jones Act, a person must have duties that contribute to the function of a vessel or to its mission. If you have been injured as the result of a maritime accident, you may be covered under this law. Consult with an experienced maritime attorney to review your case.

Dec 17, 2013

What Maritime Workers Should Know About the Jones Act

It’s a simple fact that working on the water is dangerous. Whether they are working in shipping or fishing, seamen face long hours, work with heavy equipment, and have to deal with a host of dangers that simply aren’t present or significant on land. They also may not be able to reach aid beyond that of other crew members if an accident does occur.

These workers are aware of the risks and choose to continue their jobs. This benefits everyone, as they are jobs that need to be done. Unfortunately, some corporate employers might be tempted to claim that since risks are inherent to the work and workers go in knowing the risks, they are never responsible for accidents that occur during the work. However, companies need to be held accountable for the safety conditions on their ships. While some risk is unavoidable, there are many steps that can be taken to reduce it, and companies cannot be allowed to simply ignore these processes in order to cut costs.

This is where the Jones Act comes in. Every maritime worker should be aware of this legislation. It maintains that companies need to maintain reasonably safe working conditions, such as keeping their vessel seaworthy and providing appropriate safety gear. If they do not, they will be held legally liable for any injuries that occur while workers are on their vessels. This enables seamen to have some type of legal recourse if they are ever injured. The act also requires some payment even if the company is not directly responsible for the injury.

If you are a Texas maritime worker who has been injured and has not received compensation, you need to contact a Jones Act lawyer in Houston. Kirkendall Dwyer LLP is the best option for such legal recourse.

Dec 16, 2013

Offshore Firms Have Gaping Holes in Safety Measures

An incident earlier this year indicates that offshore drilling companies need to make many adjustments to their current policies in terms of safety, or at least one of them does. An offshore worker preparing a well to be abandoned was killed in a tragic accident. What makes the incident all the more tragic is that investigation shows it could easily have been prevented with the proper safety measures.

The rig had much of its equipment in positions that forced workers to stand in more dangerous positions and generally closer to the machinery, with higher risk of getting caught, as the deceased worker did. This equipment violated regulations. Training meetings did not properly address these dangers or other dangers as they were required to.

The shift supervisor also bears some responsibility for how the tragedy turned out. If help had arrived sooner, it is possible that the young worker could have been saved, but the supervisor was not properly prepared for such an incident and took too long to initiate emergency procedures. This was a definite contributing factor to the worker’s wounds being fatal.

It is apparent that even though improvements have been made over the last few years, many drilling platforms are still not made as safe as they can be. While there is risk in any offshore work, it should be reduced as much as possible.

A Jones Act attorney in Houston can help you if you or someone you love has been injured or killed in an offshore work accident. The Jones Act protects offshore workers against unsafe conditions and promises compensation if such an event does occur. Kirkendall Dwyer LLP is standing by to take your case and get you the recognition and recompense you deserve for your company’s carelessness.

Dec 14, 2013

Ship Strikes Gulf Oil Platform

While no one was killed, an incident earlier this year still highlights the potential risks for any Texas maritime workers in the Gulf of Mexico. In the incident, the ship the Celeste Ann hit an oil platform and sank. The boat was a supply ship, bringing supplies and workers to the platform.

Some oil was spilled, but it was largely contained and was not a considerable amount compared to other spills the gulf has suffered. What could have been in much more danger was the workers involved. All twenty were rescued, but that is only due to a lot of luck. The incident could easily have been much worse, especially since the vessel ended up sinking completely.

Such dangerous incidents can feel like standard risks to many maritime workers, who have to deal with the reality that every day holds dangers for them as they travel through the water. There are many risks in maritime settings that land workers can’t even compare to.

Investigations are ongoing as to the cause of the collision. If the company is found to be responsible due to poor training or endangerment of its employees by unsafe practices, it will have to pay considerable damages.

As a maritime worker, you need to have such risks covered should the worst occur. A Houston maritime attorney can help you get the security you need. Specifically, a call to Kirkendall Dwyer LLP will help you get started in making sure you will always get the proper safety or else get the proper compensation for any altered safety methods. If you have even been injured as a result of an offshore or maritime work accident, you should contact Kirkendall Dwyer LLP today and start on the road to proper compensation for all injuries and stress.

Dec 10, 2013

Gulf Maritime Workers at Risk of Accidents

Doing offshore work in the Gulf of Mexico is a risky proposition. There are frequent accidents and dangerous incidents that could cause injury or even death to workers.

The fire that started on a gas well earlier this year is just one example of such an incident. Forty-four workers were forced to evacuate and a relief well had to be drilled in order to plug up the original to get it under control and prevent further incidents. The fire damaged the derrick and caused it to collapse.

The Bureau of Safety and Environmental Enforcement is investigating the situation to find the cause of the incident, while also continuing to look into a fatal accident that occurred last year. Although natural gas well malfunctions are less of a risk to the environment than oil spills, they can still be an equal danger to the workers involved. Continuously pumping gas caused the original fire to burn for two days before the well became clogged with detritus and the fire’s fuel was cut off.

While it is not yet determined what the exact cause may be, it is certainly possible that it is either human error or equipment malfunction. Either could be due to improper procedures enforced by the company. If this is the case, the company will have to be held responsible for the danger that the workers involved suffered.

If you are in the Houston area and you or someone you know has suffered injury in similar incidents, you are entitled to compensation under the Jones act. The best way to get such compensation is to hire a Houston Jones Act lawyer. Kirkendall Dwyer LLP has many attorneys who are familiar with such cases and can easily help you or your loved one get appropriate recompense for your accident.