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 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 19, 2014

Why Even Ferry Accidents Could Necessitate a Houston Maritime Lawyer

Despite all the technology available, the unfortunate truth is that maritime accidents are still a fairly common occurrence. Thankfully, as the below story illustrates, these accidents don’t automatically mean a body count. Nonetheless, it helps to illustrate the importance of having a Houston maritime lawyer you can call on immediately in case of such an incident.

On December 18^th, a ferry operating off the coast of North Carolina ran aground. Fortunately, there were no fatalities or life-threatening injuries, but 13 people aboard were hurt.

The call came in at 9 a.m. EST, and the Coast Guard immediately responded. Luckily, the ferry was only moving from Southport, North Carolina to a nearby vacation destination known as Bald Head Island.

Although this story may not deserve national attention, it should certainly be worth a headline for any maritime worker. Accidents like these do happen fairly regularly and they usually involve a number of maritime workers who are aboard at the time.

If this had been off the coast of Texas, every worker aboard would do well to contact a Houston maritime lawyer immediately. Even minor injuries can be enough to make a claim against an employer. So long as the accident itself wasn’t caused by your actions or lack thereof, you are entitled to certain compensation.

The sooner you call your Houston maritime lawyer, the better. As such, it makes sense to take down the information for Kirkendall Dwyer LLP now, while you don’t have the stress of an accident on your mind. It’s a sad fact that employers sometimes try to convince their employees to change objective details of what really happened in order to help the company. Not only could this make you an accessory to insurance fraud, it could also rob you of the medical and financial help you need.

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 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 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.