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.

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The Importance of a Good Jones Act Lawyer in Houston

If you’re a maritime lawyer, you probably have at least some understanding of the Jones Act. Also referred to as the Merchant Marine Act, it was passed in 1920 with the goal of protecting maritime workers aboard commercial vessels in national waters. However, just because the bill is there, that doesn’t mean you’ll always get the most out of it. For that, you need a Jones Act lawyer in Houston for representation.

For one thing, the Jones Act is not automatic. You have to invoke your rights in order to take advantage of them. A maritime worker’s attempt to do this is sometimes squelched, however, by the very people they work for. Sadly, greed can overtake an employer’s sense of morality, resulting in pressure on a worker to take far less than they’re owed.

When in doubt, contact a Jones Act lawyer in Houston if you’ve been injured or have any questions. In fact, if you’ve been hurt, speak to a lawyer before you say anything to your employer or their insurer. Any statements you make could otherwise be used against you later.

There are many ways a qualified Jones Act lawyer in Houston could invoke that law to get you compensation. If your employer failed to provide you with a drug free environment, for example, they can be held accountable. Your employer is also to blame if the equipment they provide, or the ship itself, is not in good working order. Even if you become injured for no other reason than simple human error on the part of one of your coworkers, the Jones Act says you have a case.

The Jones Act is a powerful piece of legislation that stands between you and further repercussions from suffering an injury on the job. Call Kirkendall Dwyer LLP today if you have any questions or if you’ve been recently injured.

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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.

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Ship Sinking? Crew Members Should Call A Houston Jones Act Lawyer

For maritime workers, there is no simple task. Every objective they have is connected to the lives of everyone else onboard. Of course, this works both ways. More often than not, a maritime worker is put in jeopardy because of the actions of their fellow crewmembers or even their employer. These events serve to highlight the value of a Jones Act lawyer in Houston.

One such case happened recently off the coast of the Solomon Islands. On December 18th, a ferry left port to transport 390 people over the water. The problem? The Francis Gerena was only licensed to carry 80. It didn’t take long for the added weight to take effect. When the ferry’s pump failed, the ship began sinking.

 

At this time, all we know is the ferry was carrying far too many people and hadn’t been cleared to leave the harbor. But someone made a decision and as a result nearly 400 people were put at risk. Thankfully, everyone survived.

 

A qualified Jones Act lawyer in Houston would look at a situation like this and know their client was due for compensation if they had been injured. If the captain of the ferry made the decision to leave port, the Jones Act demands that crewmembers not be held responsible for others’ negligence. Had the pump failed for some other reason, a Jones Act lawyer in Houston would look to see if the owner of the ship was responsible for operating the vessel without proper equipment onboard.

In any case, maritime workers must have proper representation if they hope to get what they’re due under the Jones Act. A law firm like Kirkendall Dwyer LLP is a great option for maritime workers in Houston. While every incident is different, they can provide the kind of representation a crew member needs.

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Are There Ramifications for Speaking with a Maritime Injury Attorney?

If you’ve been injured in a maritime accident, it’s important that you seek the legal counsel of a maritime injury attorney. One conversation is all it could take to help you understand what you’re entitled to. This can include medical expenses, lost wages, and oftentimes much more.

Unfortunately, some maritime workers are intimidated by the prospect of going to a lawyer for help. It is not uncommon for the employers to speak with a worker first, offer them compensation and convince them to accept that the matter is closed and over with. Speaking with a lawyer can seem like the fast track to unemployment or even a hostile working environment.

This doesn’t have to be the case, though. For one thing, any maritime injury attorney will grant you complete confidentiality as protection. So you can tell them whatever you like, without fear that the conversation will ever get back to your employer or coworkers. Client attorney privilege furthers this protection once they begin working for you.

Without speaking to an attorney, you’ll never know what you’re entitled to. As such, you won’t know for sure if your employer is being fair or simply trying to buy your silence and compliance.

Any indication from an employer that they would like you to keep silent is generally a sign that you should seek representation immediately. If a company is capable of that kind of tactic, they might also be corrupt enough to distort evidence or speak with other employees about backing their version of events. The sooner you speak to a qualified attorney, the sooner a lawsuit can be filed, and you can begin getting what is rightfully yours.

Kirkendall Dwyer LLP understands that speaking with a maritime injury attorney can often be a difficult thing. Fortunately, they guarantee confidentiality and can help you better understand what your case involves and what you could receive in damages.

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Sinking of the Mary Kay Underscores the Importance of a Houston Jones Act Attorney

There’s no getting around the fact that maritime work is dangerous. Even the most routine objectives can easily be complicated, thanks to the many variables no single individual can control. This is why having a Houston Jones Act attorney you can rely on is so important for every maritime worker. Your most basic day at work can easily change your life, but the right attorney can work to set things right.

Last year’s sinking of the Mary Kay provides a perfect example of how a simple goal can end with a maritime worker in need of representation.

The commercial fishing ship was in Dixon entrance, located near Cap Chacon on the Prince of Wales Island of Alaska. A smaller vessel, it was only being manned by four crewmembers.

At around eleven o’clock at night, the Mary Kay began taking on water due to flooding in the fish hold on the starboard side. The lazarette and engine room both took on more than their fair share of water, as well. Finally, the four crewmen had to abandon ship.

While it’s fortunate everyone aboard was able to escape with their lives, it doesn’t mean they weren’t due for compensation. The National Transportation Safety Board conducted an investigation, and their finding was that the ship’s captain failed to identify and fix the hull leaks that allowed the flooding to spiral out of control.

With a Houston Jones Act attorney like the ones working for Kirkendall Dwyer LLP, any one of those other crewmembers could receive compensation. If the captain was indeed to blame, the Jones Act mandates that this negligence should result in reimbursement for any medical bills, lost wages and even pain and suffering.

While fishing in a small vessel may not seem like the most dangerous work, the Mary Kay helps illustrate how you can never take risks for granted. A good Houston Jones Act attorney will be able to review the incident and fight for what’s rightfully yours as a maritime worker.

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