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 24, 2014

Maritime Injury Attorneys

The Importance of Maritime Injury Attorneys for Harbor Workers

Harbor workers are necessary for operations related to maritime industry. However, they often operate inside of a strange gray area as far as the Jones Act is concerned. For this reason, a harbor worker should consult with maritime injury attorneys, like those from Kirkendall Dwyer LLP, before accepting any work they are unfamiliar with.

Fortunately, there’s the Longshore and Harbor Workers’ Compensation Act (LHWCA). As the name suggests, this act almost always covers the concerns of a harbor worker who’s injured on the job.

Like any employee, a harbor worker is guaranteed a safe working environment. Thanks to the Occupational Safety and Health Administration (OSHA), harbor workers may also refuse any work they deem to be unsafe. It is illegal for an employer to coerce a harbor worker into doing any work they have already refused on grounds of safety. It is also illegal to suspend, fire, or discriminate against a harbor worker for making this decision. This also leaves them free to file complaints if they feel necessary.

The LHWCA provides for employees who are hurt while in the United States’ waters. However, due to their specific role, harbor workers can also depend on this protection when they are working in ship and boatyards on navigable bodies of water. Docks, wharves, terminals, marine railways and other areas used for shipbuilding can also be included if they are located on shores adjacent to these waters.

One unique feature about LHWCA is that injured harbor workers don’t need to prove that their employer was responsible. It’s still important, though, to have the right maritime injury attorneys for representation.

While they differ in many ways from other maritime workers, the fact remains that harbor workers have rights regarding their jobs. By hiring maritime injury attorneys from Kirkendall Dwyer LLP, they can rest assured that those rights will be protected.

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.

Jan 14, 2014

Oil Rig Injury Attorney Important When It Comes to the Jones Act

Back in 1920, a broad piece of legislation was designed and passed to protect the interests of maritime workers. Part of this protection was guaranteeing them certain compensation in the event of an accident while on the job.

Even with the objective language of the Jones Act, maritime workers would still do well to have a maritime lawyer they can call in case of an accident. Sometimes, it’s even best to consult one prior to taking a job. One example of this would be working aboard an oil rig, in which case, you’d want to contact an oil rig injury attorney.

Oil rigs fall into a gray area, and they really weren’t considered back in 1920. Because they exist out at sea, many maritime workers might believe that the Jones Act protects them just as much as if they were working aboard any other vessel.

But the truth is it depends on what kind of oil rig you’re aboard. If the rig is the kind that actually floats on top of the water, you are most likely covered by the Jones Act. This kind of setup is generally considered to constitute a seafaring vessel.

However, if the rig stands atop the ocean floor, it is usually understood that the Jones Act does not apply. Fortunately, the Longshore and Harbor Workers Compensation Act exists to pick up the slack.

Understanding the difference between these two pieces of legislation can do more than provide you peace of mind. It can make the difference in receiving the compensation you deserve in the event of an accident. However, understanding this difference is a lot easier with the help of an oil rig injury attorney. Working on an oil rig is one of the most dangerous maritime occupations there is. So, if you have questions about your rights, contact an oil rig injury attorney at Kirkendall Dwyer LLP today.

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.

Jan 8, 2014

Ferry Crash in Hong Kong Shows Importance of Good Offshore Injury Lawyer

Although ferries aren’t generally considered to be rather fast vessels, a high-speed Chinese version was going at about 30 to 40 nautical miles recently, when it hit an unidentified object.

The ferry had left Hong Kong and was destined for Macau on the morning of November 29^th. After roughly 15 minutes at sea, the accident occurred. Fortunately, Hong Kong’s Marine Department reported that all 105 of the passengers aboard and all 10 crew members had been accounted for. Nonetheless, 85 people aboard did sustain injuries; 6 of them were said to be serious. Despite the damage sustained, the ferry was able to return to its port after inspection.

This goes to show the importance of having an offshore injury lawyer for representation. Any of those 10 maritime workers aboard could have a case against their employer. Had this happened off the coast of America, the Jones Act would secure compensation for any of the injured workers, so long as they could prove the accident wasn’t their fault. Again, this is a job best left to a qualified offshore injury lawyer.

Having reputable representation is great, but knowing your rights and how to respond in the wake of an accident is equally important. Call Kirkendall Dwyer LLP today if you have any questions regarding these matters.

Ferry workers may think they aren’t susceptible to serious accidents, but this case shows otherwise. In fact, last October, this very same port witnessed two ferries collide. 39 were left dead. Here in America, a ferry just ran aground this week, though fortunately no one was hurt.

No matter what kind of vessel you work on, have the contact information for an offshore injury lawyer like those at Kirkendall Dwyer LLP on you at all times. Hopefully these stories help illustrate that no ship is accident proof.