Houston Maritime Attorney

Speak to a Houston Maritime Attorney if Your Work Environment is Not Drug Free

Every employee has the right to a workplace that isn’t plagued or impaired by drug use. This is especially true for maritime employees. Any mistake aboard a ship or offshore operation can have a dangerous ripple effect that leaves everyone at risk. Kirkendall Dwyer LLP can provide you with a Houston maritime attorney who will represent you if someone’s drug use has left you injured or unable to work.

Even if the drug use that caused the accident was from a coworker, there is often a case to be made against your employer, who may very well owe you money. For example, the drug use may have been a result of your employer’s failure to properly supervise their employees. It could also have come about because your employer did not enforce appropriate drug and alcohol testing aimed to keep you safe.

All employers are required by law to test potential workers for drugs before hiring. Furthermore, this testing is required to be ongoing for any crewmember, whether he or she is fulltime, part-time, seasonal, or contracted. Those who serve in a safety-related capacity must also be randomly tested. If your injury resulted as a failure to do so, the right Houston maritime attorney could be to your benefit.

Aside from just testing their workers, employers must also report any positive findings to the coast guard. So simply handling a positive result in-house, no matter how severe the punishment, isn’t enough on your employer’s part.

If an accident that wasn’t your fault has affected your ability to work, contact Kirkendall Dwyer LLP. They can provide you with the Houston maritime attorney you need to make sure your rights are being looked after. Another person’s poor judgment has left you impaired. Make the right decision now so you can mitigate the damage it can do to you going forward.

Jan 25, 2014

Galveston Maritime Lawyer

A Galveston Maritime Lawyer Can Get You Compensation for Drugs at the Workplace

Every worker is guaranteed a safe working environment here in America. Part of this means said environment will be free from the negative effects of drugs and alcohol. It’s probably fair to say that this is especially important for maritime workers. The work they do is dangerous enough as it is, without someone clouding their judgment and making matters worse. Fortunately, if you’re injured while on the job because of someone else’s drug or alcohol abuse, a Galveston maritime lawyer can fight to get you the compensation you’re owed.

An incident out of Stenungsun, Sweden shows just how dangerous drugs and alcohol in maritime work environments can be. The captain in charge of a Swedish tanker was found to be too drunk to command the ship he was entrusted with.

This alone is bad enough, but consider that the captain was five times drunker than the legal limit. Furthermore, the tanker was carrying 15,000 tons of flammable liquid. It’s just lucky that he was spotted from another vessel, reported and apprehended before some of the more terrifying possibilities were realized.

As any Galveston maritime lawyer can tell you, this sort of thing is not just unacceptable, it’s illegal. Had an accident occurred that left you injured, a Galveston maritime lawyer could fight for your right to compensation based on the captain’s negligence. However, they would also have an easy time making the case that your employer did not provide a drug free environment for you to work in. While not enough information has come out, it could be that this captain had prior incidents. Perhaps he was able to board and operate the vehicle while under the influence because necessary safeguards aren’t being adhered to.

The legal team at Kirkendall Dwyer LLP knows what the law provides for. If you’ve been injured because of someone’s drug or alcohol abuse, contact them today for representation.

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 12, 2014

How the Jones Act and the Right Texas Maritime Lawyer Keep You Protected

In 1920, the Jones Act was passed in an effort to both protect American workers from international competition and secure for them a safe workplace. In the event that a safe workplace is not provided, the Jones Act seeks to provide maritime employees with the compensation they deserve.

So long as the accident that left you injured wasn’t a result of your own actions, the Jones Act can provide significant financial support. This means all of your medical bills related to the accident will be covered. Furthermore, you must be provided with a certain amount of money that will help cover your day-to-day living expenses.

Though you are entitled to that support, it’s still a good idea to hire a Texas maritime lawyer who can review your case and make sure you’re getting everything you deserve.

For example, you should be able to recoup past wage lost, as well as any you will incur in the future. Besides getting all the relevant medical expenses covered, you can also be compensated for what’s called “pain and suffering”, which are the intangible effects from the injury.

It’s possible, too, that your employer was in some way responsible for your accident. The right Texas maritime lawyer will work to investigate if this is the case and, if so, prove as much. By doing so, you will be entitled to even more money for the neglect of your employer, which essentially enabled the accident to happen.

When you think about the long-term effects an injury can cause, it becomes readily apparent that proper representation is a necessity. Some injuries may not take you out of gainful employment for life, but they can easily keep you from earning as much you otherwise would have. A Texas maritime lawyer from a firm like Kirkendall Dwyer LLP could provide you the help you need to make sure you are fully compensated for the rest of your life.

Jan 11, 2014

New Claim Regarding Triumph Illustrates Importance of Hiring an Offshore Injury Attorney

Everyone remembers back in March of 2012 when the Carnival Cruise’s Triumph caught fire, endangering the lives of everyone on board. Investigations concluded that the fire was caused by leaking fuel lines that made fire inevitable.

However, a new investigation has turned things on their head. The Associated Press recently published an article that states Carnival Cruise was well aware of the problem long before Triumph ever left for that last, ill-fated journey.

The article cites actual testimony from the captain’s deposition wherein he makes the claims himself. As evidence, he points to spray guards that were haphazardly installed on the engine as a defense against possible fuel leaks.

Among other things, such actions would be in direct violation of the International Maritime Organization’s Safety of Life at Sea recommendations. Of course, that pales in comparison to the near 4,000 lives that could have been lost if matters had gotten worse.

It’s tough to imagine a company taking such risks with their own property, much less the lives on board. But, if the article is to be believed, it proves that, unfortunately, greed takes precedence over moral judgment sometimes. This is why every maritime worker needs an offshore injury attorney on call. While an event like this is hopefully in the minority, Kirkendall Dwyer LLP can handle all matter of incidents.

Thanks to the Jones Act, a maritime worker can seek compensation from their employer if they’re injured because of a coworker’s mistakes. Obviously, if the employer themselves are the culprits, this is equally the case. But in order to get what they deserve, workers need an offshore injury attorney who will represent them and their best interests. An offshore injury attorney from Kirkendall Dwyer LLP can further explain the intricacies of a particular case and seek to secure all the compensation a worker deserves.

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.