Maritime Injury Lawyer Kirkendall Dwyer LLP

US and Chinese Navy Show Value of Maritime Injury Lawyer

While privately owned vessels running into each other is, sadly, nothing new, a story out of China shows that even superpower navies run the risk of collision at sea.

On December 5^th, a Chinese navy vessel is said to have cut across the bow of a US Navy cruiser in the South China Sea. Despite its name, the South China Sea is actually international waters, meaning neither country has a claim to operating there.

Though the US has been the primary naval superpower in the Pacific since World War II, China has made no secret of looking to expand their reach. This alone would be enough to heighten tension, but it’s reported that the American cruiser was specifically in the area to observe China’s newest aircraft carrier. This came on the heels of President Obama’s harsh words regarding China’s insistence on laying a claim to airspace over the East China Sea that Japan believes is rightfully theirs. Both Japan and the US have openly defied China’s claims.

While it’s fortunate that no major collision occurred, the incident highlights how aggressive operating in open waters can be, even when carried out by two superpower governments. Had an accident happened between two privately owned ships, anyone injured would be smart to secure a good maritime injury lawyer as soon as possible.

Without the right maritime injury lawyer, an injured party is often at the mercy of their employer to tell them what they’re entitled to. No matter how generous or straightforward a company is being, consulting a lawyer is still a wise move to make sure nothing is being left on the table.

Operating out of Dallas and Houston, Kirkendall Dwyer LLP can provide the maritime injury lawyer you need in the wake of an accident. While the present situation may be bad, the future can be much bleaker without the right representation at your side.

Jan 27, 2014

Texas Maritime Attorney–Secure Your Rights

Secure Your Rights as an Injured Maritime Worker with a Texas Maritime Attorney

If you’re a maritime worker, it’s important to understand your rights. This is especially true, however, in light of an injury on the job. Understanding them beforehand can make all the difference in the world

One of the first things to understand is that you have the right to an attorney. While your employer may have a company lawyer who can work with you, it’s best to consult your own Texas maritime attorney who you can trust is only looking out for your best interest.

Understand that, until you secure your Texas maritime attorney, you don’t have to speak with anyone—this includes your employer. Unfortunately, your company may wish to speak with you in an attempt to convince you not to file a lawsuit. They may also wish to speak with you as a means of finding out what you know or what exactly happened. It would not be the first time a company actively worked to discredit an employee’s claims or otherwise work to paint a different picture of what caused the injury. Getting your side of the story could be their first step.

So long as the injury wasn’t a result of your own actions, you will also be entitled to having your medical bills covered. This is why it’s also important to pick your own doctor, not necessarily the one your company chooses for you. As sad as it might seem, even a medical professional can take sides.

Depending on the nature of the accident, you could be entitled to lost wages, pain and suffering, and other forms of compensation. However, you could easily end up with hardly anything if you don’t handle the situation correctly. It begins with hiring a Texas maritime attorney from a firm like Kirkendall Dwyer LLP. They’ll be able to help you understand your situation and what to do to get the most out of it.

Jan 26, 2014

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 21, 2014

Houston Jones Act Lawyer

Fire Aboard a Ship Calls for a Houston Jones Act Lawyer

There are countless ways a normal day at the office can turn bad for a maritime worker. Between the equipment, the vessel itself, and the rest of the crew, variables pile up, and accidents become all but inevitable. Although legislation like the Jones Act is meant to keep workers safe and compensate them in the event of an accident, it won’t do much for an employee who doesn’t have a Houston Jones Act lawyer they can rely on.

For crewmembers of the Golden Miller, December 17^th started out like any other. The ship was docked in Aratu Brazil, while its crew was loading it with cargo. But, at around 5:40 in the afternoon, that all changed. A fire broke out and quickly spread out of control, thanks to the propane cargo that was on deck.

Fortunately, there were no casualties, although two workers were injured. However, the fire continued to rage, despite fire teams and three tugboats equipped with water cannons doing their best. It wouldn’t be put out until the next night.

With an investigation still underway, we don’t yet know how fire and propane met aboard the Golden Miller. However, every crewman aboard, especially those who were injured, would do well to contact maritime attorneys.

In America, a Houston Jones Act lawyer would look at an incident like this to see if the fire was due in part to a crewmember’s negligence. If so, the rest of them could have a case. The fire could have also been due to faulty equipment or a problem with the vessel. Here, too, a Houston Jones Act lawyer would be able to seek compensation for their client.

Even the simplest of tasks aboard a ship carries an undercurrent of risk. This is why it’s so important to have representation like Kirkendall Dwyer LLP available if you’re a maritime worker.

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.