Resources

Category: Articles

Compensation for Injuries Caused by Unseaworthy Vessels

Articles May 26, 2017

Under maritime law, ship owners have a legal responsibility to maintain their vessels in seaworthy condition. This requirement is designed to make sure that workers onboard tankers, freighters, tugboats, barges, supply boats, crew boats and other vessels are not put at risk by dangerous conditions that can – and should – be avoided with proper care. Unfortunately, many vessel owners fail to meet their duties. Unseaworthy conditions are far too common, and too often they leave offshore workers suffering from serious, and sometimes life-changing, injuries. If you were injured as the result of an unseaworthy condition, you may be entitled to significant financial compensation, and it is critical that you stand up for your legal rights. Understanding Your “Unseaworthiness” Claim Unseaworthiness claims are unique from most other types of injury compensation claims because they are subject to the rule of “strict liability.” Under strict liability, a vessel owner is liable for injuries resulting from an unseaworthy condition regardless of whether the owner caused the condition, and even regardless of whether the owner knew the condition existed. If you were injured on a vessel and you can establish that an unseaworthy condition is to blame, the law entitles you to financial compensation. What constitutes an “unseaworthy” condition? The list is actually longer than you might think. Examples of unseaworthy conditions include: Dangerous conditions resulting from inadequate vessel maintenance Inadequate, inexperienced or unsupervised crew Lack of adequate safety equipment, including first aid kits and floatation devices Old tools or equipment that are […]

READ MORE

What if My Employer Refuses to Pay Me Maintenance and Cure?

Articles May 22, 2017

Under the Jones Act, maintenance and cure are “no-fault” benefits that your employer must pay regardless of whether it was at fault in the accident that caused your injuries. Collecting maintenance and cure benefits is supposed to be easy, but many maritime and offshore employers go to great lengths to try to avoid paying the benefits their employees are rightfully owed. If your employer is refusing to pay maintenance and cure, what should you do? Denied Maintenance and Cure? It’s Time to Speak with a Maritime Attorney Unfortunately, this scenario is all too common. In many cases, employers simply bank on the fact that injured employees will not go through the effort to enforce their legal rights. So, they deny payment, and then they wait. If they don’t hear from an attorney, they don’t pay the benefits required by law. If you have been denied maintenance and cure, you need a lawyer on your side. Hiring a lawyer is the only way to get your employer to take your injury seriously, and if you don’t seek legal representation you can expect not to receive the benefits you deserve. What Can a Lawyer Do for You? 1. Force Your Employer to Start Paying Maintenance and Cure When you hire a lawyer, he or she will act as your representative in dealing with your employer and the maritime insurance company Your lawyer will contact your employer, and demand that it begin making maintenance and cure payments immediately. When they know they owe, […]

READ MORE

What if Maintenance and Cure Isn’t Enough to Cover My Expenses?

Articles May 19, 2017

When you are unable to work as a result of an injury, if you are like most people, you need to find some other way to pay your bills. Your savings will only go but so far, and you’d really rather not spend it on your everyday expenses. So, you start looking for answers, and you find out that you are eligible under the Jones Act to claim “maintenance and cure.” At first, you are relieved. But, then your employer tells you that it won’t cover all of your medical expenses, and you are told that your “maintenance” benefits will only be around $15 to $40 per day. That isn’t even enough to cover the cost of food for your family, let alone your utilities, rent or mortgage, and the costs of your prescriptions and medical care. What can you do? Understanding Your Right to Maintenance and Cure Most maritime employers want to pay as little for their employees’ on-the-job injuries as possible. As a result, some of them will withhold or misrepresent information about employees’ right to medical coverage, and they pay the absolute minimum maintenance daily wage rate that they can get away with under the law. While employees are entitled to full medical coverage for their job-related injuries (for treatment provided by their own doctors), unfortunately, daily maintenance benefits typically are quite low – in the $15 to $40 per day range mentioned above. If your employer is refusing to cover your medical expenses, you may need […]

READ MORE

Pre-Existing Injuries Under the Jones Act

Articles Dec 4, 2015

While most workers in the maritime industry have probably heard of the Jones Act they may not know what types of injuries and conditions are covered under this federal statute. The Jones Act covers both new injuries and the aggravation of pre-existing injuries and conditions, meaning that even if you had an old injury, if you are involved in a workplace incident on a ship or a vessel that worsens or aggravates your previous injury, you may still be entitled to recover damages under the Jones Act.

READ MORE

Nationwide Help - Licensed in Texas and New York
Principal Office - Houston, Texas
5252 Westchester St.
Suite #275

Houston, Texas 77005
Back to Top

Injured?

Protect Your Rights.

"Willis battled the chemical companies
and won our case." - MELISSA C.