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 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 15, 2014

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.

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 6, 2014

China’s Fog Shows Importance of Maritime Injury Lawyers

Despite the wealth of technology modern day crews can rely on for safe voyages, serious accidents still happen. China has been a hotbed of examples lately with yet another accident occurring on December 6^th. Besides highlighting the dangers crews are still exposed to on a regular basis, these accidents also make it clear how important it is to have the right maritime injury lawyers available to receive the necessary representation.

On the morning of December 6^th, “JIA LI HAI” and “MV XIUMEI TIANJIN” collided in the sea region of Zhejiang Zhoushan. The “JIA LI HAI” cargo ship, owned by China COSCO, has a deadweight tonnage of 100,000 tons. It was on route to Laotangshan port when it collided with the “MV XIUMEI TIANJIN”, a container ship that’s 168 meters long.

Fortunately, no one aboard the “JIA LI HAI” was injured due to the accident, though it did sustain severe damage that caused it to lose power in open water. “MV XIUMEI TIANJIN” received minor damage, but was still able to proceed.

The recovery effort was organized by the Zhejiang Maritime Rescue Administration, which partnered with the East Sea Rescue Bureau. Altogether, it took 12 tugboats and 4 different cleaning vessels to handle the wreckage. By the afternoon, the smaller cargo ship was moved to shallow water. While it was able to successfully anchor there, it is still taking on water, though the threat of sinking is no longer a concern.

This was just one of three accidents that occurred in as many days. Fog is thought to have played a role in all of them.

While it’s fortunate no one was injured, it’s clear those onboard were lucky. Maritime injury lawyers are absolutely essential in such situations to make sure those onboard receive the representation necessary to secure what they’re entitled to. Kirkendall Dwyer LLP provides maritime injury lawyers for just such occasions.