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Jan 2, 2014

Commercial Divers Need a Jones Act Lawyer in Houston

While the Jones Act was certainly well-intentioned, there’s no way its designers could have anticipated the wide range of maritime workers who would be employed today. A commercial diver is a great example of this, which is why they should secure a Jones Act lawyer in Houston from Kirkendall Dwyer LLP.

Like many things involving the Jones Act, it could cover divers, depending on the kind of accident they are involved in. If not, the right Jones Act lawyer in Houston can still help you find other maritime laws that seek to protect people in your position.

There’s much more ambiguity involved in commercial diving, too. For example, federal guidelines mandate that certain requirements be met by a diver in order to ensure their own safety. While this is all well and good, there are a number of significant variables that are completely out of their control.

Commercial divers can wind up injured because of issues with their own equipment. Sometimes it’s just a malfunction outside their realm of influence. However, they can also be injured by fellow divers or by other maritime workers operating equipment while they’re working nearby.

As with any maritime worker, commercial divers can take certain steps to protect themselves in the event of an accident (despite the aforementioned vagueness of laws like the Jones Act). The most important is to speak with a Jones Act lawyer in Houston immediately if there are any areas you could use clarification about. This could come up again if you take a job that leaves you with questions. It’s also important that you keep the contact information for Kirkendall Dwyer LLP handy, so you can contact them immediately in case of an accident.

Although the legal protection in place for commercial divers is far less straightforward than that for seaman, that doesn’t mean your job is automatically made less safe. Take the time to speak with the attorneys at Kirkendall Dwyer LLP and you’ll be able to dive with peace of mind.

Dec 30, 2013

A Baytown Maritime Lawyer Can Help in the Case of a Wrongful Death

No one likes thinking about death, much less their own or that of their loved ones. Unfortunately, for maritime workers, death is a very real part of their job, one they must consider every time they go to work. If your spouse has died while on the job, contact a Baytown maritime lawyer immediately to ensure you’re getting everything you’re owed.

Wrongful death simply refers to someone’s passing as being preventable. The lawsuit, then, seeks compensation from the party who should have stopped the fatality from occurring. When it comes to maritime work, the employer is generally the target of the lawsuit. They could be found guilty for a number of reasons.

For example, a maritime employer must provide their workers with a drug and alcohol free work environment. If someone dies due to a coworker’s drunkenness, the employer can actually be the focus of a wrongful death suit if a Baytown maritime lawyer contends the alcohol use was because of slipshod policies on the part of the employer.

If a maritime worker dies because the boat they were on sank, the owner of the ship could be targeted with a wrongful death suit. Here your Baytown maritime lawyer might argue that the sinking happened because the vessel did not have the necessary equipment to stop it.

One unique aspect of wrongful death suits is that the accused actually has to prove their innocence. The “innocent until proven guilty” feature of American law is actually reversed here.

Losing someone is never an easy experience, but it can be even more difficult to cope with when it comes out that the person’s death could have been prevented. Hiring Kirkendall Dwyer LLP to file a wrongful death lawsuit won’t bring your loved one back, but it could help you receive the financial compensation you are rightfully owed. Furthermore, it could potentially keep the same situation from happening again.

Nov 26, 2013

Safety Concerns of Offshore Drillers

In the wake of recent rulings regarding the Black Elk Energy accident, oil companies are likely concerned about their own operations. The Black Elk Energy company was cited this week with 41 violations as a result of the explosion that killed 3 workers last year. The violations cite many problems, some of which may be partially responsible for the accident.

While this may seem like a harsh ruling, it is possible that the company will be able to resolve many of them – the company has 2 months to respond to the violations. In the meantime, other companies may be concerned about their own possible safety violations. Violations can carry large fines, although for most companies, these fines may be worth risking rather than having to conform to some expensive changes.

It is important to note that even if a company is charged with a violation, they have a certain length of time to correct the problem. Often, companies are allowed months to fix problems. Until then, workers are exposed the dangerous conditions, likely unaware of the situation they are putting themselves into. Workers who are injured are covered by maritime laws including the Jones Act. This allows workers to seek legal action in the case of an injury.

If you have been injured, it is important to speak to an experienced Galveston oil rig injury attorney as soon as possible. The attorney will review the circumstances of the accident to determine the best way to proceed. The Galveston oil rig injury attorney understands these types of accidents and knows how to establish negligence. An oil rig job is dangerous, but the company must take precautions to ensure safety. Talk to a Galveston oil rig injury attorney to learn more about seeking legal action after having sustained an injury while working offshore.