When an injury occurs on a barge, oil rig, tugboat, towboat or other vessel, it is sometimes difficult to know what needs to be done to not only treat the injury, but gather the appropriate evidence regarding the incident. If you are a seaman you are protected under federal law by the Jones Act. However, the actions you take after an injury can make the difference of whether you win or lose your Jones Act lawsuit. The statute of limitations for a Jones Act claim is generally three years from the date of the accident, but keep in mind that the process of filing a claim is often time consuming. Consider taking action as soon as possible following an injury.

Below is a list of things to do after a Jones Act injury:

• Seek medical attention. Before you do anything else, you need to get medical treatment for your maritime injury. If your vessel has a medical doctor onboard, then you may want to see that professional. As an injured seaman, you do have the right to reasonable medical care and you can get medical treatment from someone not associated with your employer.
• Report the injury to your supervisor. You can request that an accident report be completed in writing, so that there is a record of the event. Most likely you will be asked to sign the report, but review it carefully before you sign to make sure everything is correct.
• Write the contact information of the witnesses. If there were people who witnessed your maritime accident, you are going to want their testimonies. Try to get their phone numbers, home addresses and email addresses.
• Take photographs. You should take pictures of your injuries and also the equipment or defective condition that caused the accident.
• Do not sign a waiver or release of liability document. If your employer asks you to sign something, read it carefully to make sure it does not release the employer from any liability or waive your rights. Some legal documents are hard to understand – if you don’t know what it says, don’t sign it.
• Do not give a recorded statement. An insurance adjuster may ask you questions and to avoid misrepresenting yourself, decline giving a recorded statement.
• Talk to an experienced Jones Act attorney. As an injured seaman, you have legal rights, but maritime law can be complex. That is why you need to talk with a maritime attorney who can review your case and make sure you receive the compensation you deserve.

The Willis Law Firm has been representing injured seaman for over 25 years.

Work as a seaman, longshoreman or harbor worker can be dangerous. Frequently, duties must be performed even though the floors are slippery, the vessel is worn down or the equipment is not functioning properly. All of these factors can cause serious injuries for the maritime worker. When an employee falls or is struck in the head, it can result in a traumatic brain injury. Maritime workers may also suffer from heat strokes, heart attacks, frost bit and hypothermia when forced to work in extreme cold, hot or humid conditions on boat without the proper ventilation, equipment, gear and relief.

A traumatic brain injury, also called a head injury or TBI, is caused by a sudden trauma which ultimately results in damage to the brain. These injuries can occur when the head is hit violently by an object or when something pierces the skull and enters the brain tissue. According to the Centers for Disease Control and Prevention, one of the main causes of traumatic brain injury is falls, which accounts for 28 percent of all cases. It is estimated that 1.4 million people are victims of traumatic brain injuries each year in the United States and among those individuals, 50,000 will die and 235,000 will be hospitalized. The Centers for Disease Control and Prevention also estimates that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of a traumatic brain injury.

A head injury can cause a wide range of problems affecting thinking, language, learning, emotions, behavior and sensation. It can also result in epilepsy and increase the risk of Alzheimer’s disease, Parkinson’s disease and other brain disorders. Symptoms of a brain injury can be mild, moderate or severe depending on the damage to the brain. Someone who has a mild injury may have a headache, blurred vision, ringing in the ears and may or may not lose consciousness. A person with a moderate to severe brain injury may show the same signs, but may also experience the following:

• Headache that gets worse or won’t go away
• Vomiting or nausea
• Seizures
• An inability to awaken from sleep
• Slurred speech
• Loss of coordination
• Increased confusion

Little can be done to reverse the initial brain damage caused by trauma, but medical treatment should still be sought immediately after the injury occurrs. Doctors will work on stabilizing the patient to prevent further injuries. The medical personnel will focus on ensuring that proper oxygen is being supplied to the brain and the rest of the body, adequate blood flow is being maintained and blood pressure is controlled. Imaging tests will most likely be conducted to determine the extent of brain damage. Surgery is sometimes required for workers with traumatic brain injuries. Depending on the injury, the patient may have long-term disabilities.

If you or a loved one has been the victim of a traumatic brain injury caused by working on a barge, tug, ship or other vessel, you may be entitled to compensation. Contact a maritime attorney for advice regarding your case.

For years, lead has been known as a harmful environmental pollutant and health risk. There are many serious side effects of lead exposure, which is why the United States Environmental Protection Agency (EPA)called lead the “number one environmental threat to the health of children in the United States.” However, lead is also dangerous for adults. Most adults who are exposed to lead are in occupations where they are near lead. Within the maritime industry many workers are exposed to toxic levels of lead.

According to a recent study of occupational exposures to lead in shipfitters cutting and riveting lead-painted iron plates aboard an iron-hulled sailing vessel, many of the samples taken were above the Occupational Safety and Health Administration (OSHA)’s standard. Even more frightening was the fact that researchers found that workers who wore respirators had the same level of lead exposure as workers who wore no protective gear.

Lead can be found in the air, drinking water, food, soil and dust. One of the main sources of lead today is old lead-based paint. When lead-based paint is improperly removed by dry scraping, sanding or burning, it can cause harmful exposure. Older vessels that have lead-based paint can result in high concentrations of airborne lead particles. Workers may inhale lead dust and can increase the probability of lead ingestion if they eat, drink or smoke near contaminated areas.

Harmful Health Affects of Lead Exposure

Lead can affect all systems within the body, but symptoms do not surface until the level of lead in the body is very high. High levels of exposure can cause convulsions, coma and even death. Lead has also been known to cause:

• Poor muscle coordination
• Nerve damage
• Irreversible brain damage
• Renal disease
• Cardiovascular effects
• Reproductive toxicity
• Increased blood pressure

The earlier lead exposure is detected, the better the chances of avoiding permanent damage. Treatment of lead exposure usually includes medication that will remove the lead from the body. Unfortunately, not all of the damage caused by lead exposure can be reversed.

Who is liable for lead exposure?

Workers on ships, barges, rigs, tugs and other vessels are protected under the Jones Act. If the employer, vessel owner or other responsible party was aware of the lead exposure and did not take steps to rectify the situation or protect the crew, then they can be held liable. The Jones Act provides legal protection for seamen and can result in compensation for the injured worker.

The Willis Law Firm is experienced in representing Jones Act cases. If you have been exposed to lead when working on a vessel and have serious health problems as a result, contact our law firm immediately.

Passengers and crew members on a cruise ship often may be injured during the operation of the ship, especially when injured during bad weather. If the crew member gets injured then they have legal rights under the Jones Act for their injuries. The federal law is designed to protect injured seaman. A seaman is defined as a crew member of a vessel or someone who is assigned to a fleet of vessels for his employer. Most cruise ship employees are considered seamen per this definition.

The Jones Act regulates the maritime industry and ensures that injured seamen receive adequate compensation for their injuries. As a cruise ship worker, you are also eligible to receive “maintenance” to cover your living expenses and “cure” to assist with your medical bills. You are entitled to this compensation no matter who was at fault. Maintenance is generally anywhere from $15 to $30 per day and is paid during the time it takes for you to recover. In addition, reasonable medical care must be given to you until you reach the maximum medical cure, meaning your injury cannot improve any further.

There are many events that can lead up to an accident or injury on a cruise ship. A poorly maintained ship, slippery surfaces or a falling object can result in serious injuries. Some of the other common causes of cruise ship injuries to crew and passengers alike may include:

• Falls
• Assault
• Sexual assault
• Food poisoning
• Exposure to harmful chemicals
• Operation during bad weather or rough seas

Additional compensation may be available if negligence on behalf of the employer, vessel owner or crew member caused the injury. An unseaworthy vessel can also constitute a Jones Act lawsuit. Under the Jones Act, an injured worker may be entitled to compensation for lost wages, both past and present, medical expenses, pain and suffering, disfigurement and mental anguish. The amount of money you can be awarded for a Jones Act lawsuit is substantial.

As an injured cruise ship worker, you may be unsure of your legal rights. Occasionally, employees are misled about what they are entitled to and their rights. It is not uncommon for an employee to be encouraged to file a workers’ compensation claim, which could hurt their ability to pursue a Jones Act lawsuit. If you are unsure of your legal rights following a cruise ship injury, contact the Willis Law Firm. We are experienced maritime attorneys who will review your case, free of charge.

Do not wait to pursue legal advice. For workers there are deadlines as to when you can file a Jones Act claim and for passengers under the cruise ship passenger ticket / contract, there are often strict 6 month written notice requirements and ONE YEAR lawsuit filing deadlines that must be observed. If you were a passenger on a cruise ship and were injured, you are protected under general maritime law. Contact our law firm at 1-800-883-9858 for a free case review to discuss your legal options.

Working on an offshore rig, platform, tugboat, towboat, barge or ship can put immense strain on your back. By nature, a seaman’s job is very physical and can ultimately lead to severe back injuries. If you have hurt your back on a drilling rig or other vessel, you need to know what symptoms to look out for that could indicate a more serious problem, and it is important to know your legal rights under the Jones Act.

There are many causes of back injuries. According to Mayo Clinic, there are four work-related factors that are associated with the risk of back pain and injury, which include force, repetition, posture and stress. Maritime workers can seriously injure their backs by:

• Lifting heavy objects
• Repetitious tasks
• Moving machinery or equipment
• Falling on a slippery surface
• An auto accident while on duty
• An unsafe transfer in rough seas
• Assault by a crewmember
• A direct blow to the spine
• Stab wounds or gunshot wounds

Back Injury Symptoms that Require Emergency Attention

Some back injuries require emergency medical treatment. It is important to know what signs to watch for following an injury to the back. Below are some symptoms that require immediate medical care:

• Pain in the upper back with chest pain that is squeezing, crushing or feels like a weight is on the chest
• Back pain that follows a major accident
• Weakness in the legs
• Numbness in the buttocks, genital area or legs
• Loss of bladder or bowel control

These symptoms indicate that a more serious medical condition exists. Prompt medical attention is vital in treating these types of injuries.

Types of Back Injuries

Back injuries are classified into two different categories – acute and overuse. The pain resulting from an acute back injury is usually sudden and severe. Overuse back injuries have symptoms that gradually surface over time. A >back injury may include:

• Back sprain or strain caused by injured ligaments or muscles
• Spine fracture or dislocation
• Torn or ruptured disk
• Nerve compression in the lower back, known as cauda equine syndrome

Jones Act Lawsuits

A seaman is protected under the Jones Act and is legally entitled to compensation for injuries that occurred on the job. This compensation is known as maintenance and cure. If the injury was caused by negligence of others or if it was the result of an unseaworthy vessel, additional compensation may be pursued. A significant settlement can be awarded for a successful Jones Act case. Contact a maritime lawyer to discuss your legal options if you have injured your back while working on a vessel.

An accident that occurs while working on a tugboat, barge or other vessel can be devastating and may result in painful injuries. After an injury occurs, it is crucial that you report it to your supervisor. If the injury prevents you from returning to work or getting another job, you need to contact a maritime attorney.

Investigators and attorneys will be contacted after a maritime accident.

The maritime industry is notorious for trying to blame someone else for an accident involving a worker. Vessel owners, employers and third parties do not want the liability of a Jones Act lawsuit. Investigators and lawyers will be employed to build a case in their defense. In order to prove that the company is not responsible for your injuries, the following activities will take place:

• The accident scene will be documented
• Evidence will be secured
• Witnesses will be interviewed
• Recorded statements will be obtained
• Affidavits will be taken

When a barge injury or tugboat injury is serious, the company will act even faster. Lawyers are commonly used to conduct the investigation so that the defendant can say the evidence is privileged and confidential. Defense attorneys will claim privilege when the evidence shows that the company was at fault for the accident.

An investigator may contact you after an injury to hear your recollection of the event. Many times the investigator will record the conversation and your statement could end up being used against you.

Your employer may send you to an approved doctor.

Some of the big maritime employers have their own approved doctors and they may tell you that you have to be treated by one of these medical providers. The employer will often communicate with the approved doctor to learn details of your medical condition. The physician may even discuss his plans to get payment approval with your employer. As an injured maritime worker, you have the right to choose your own doctor and you also have the right to a second opinion. You are also not required to sign a blank medical release to allow open discussions with your doctor.

The company may try to settle with you.

Occasionally, your employer or other responsible party may contact you to inform you that they want to negotiate a settlement. You may be asked during the meeting how much you are willing to accept to settle your injury claim. Even if you give a reasonable figure in which you would be willing to settle, you may be told that the amount is too high. Often injured workers end up accepting an amount equal to only 10 to 25 percent of what their case is really worth. That is why you need to have an experienced maritime lawyer on your side looking out for your best interests.

You should consider hiring a maritime attorney after your accident.

The laws that govern the maritime industry are complex, but a maritime attorney can make sure that your legal rights are protected. The Willis Law Firm has represented hundreds of injured maritime workers and their families. Contact a maritime attorney today and learn more about your legal options.

Working on a vessel is one of the most dangerous occupations in the United States, according to the U.S. Bureau of Labor Statistics. Lives are risked every day on the job and serious injuries commonly occur. Old and worn out stairs, missing gangways, wet or oily surfaces, dangerous transfers, poor lighting, defective equipment, falls and collisions with other vessels can all result in serious injuries. Seamen are often victims of back injuries, neck injuries and spinal cord injuries. These injuries are painful and can cause permanent disabilities, prohibiting the injured seaman from returning to work in the same capacity.

Back, Neck and Spinal Cord Injuries

Back injuries, spinal cord injuries and neck injuries can range in symptoms and severity. A serious back or neck injury can leave a maritime worker with chronic pain and limited mobility. Back injuries can include lumbar or lower back sprain or strain. This type of injury can be difficult to diagnosis, especially if there is an underlying disc injury that has not been identified. A back or neck injury can include sciatica, a bulging or herniated disc or fractured vertebrae.

A spinal cord injury caused by working on a vessel can be life altering. It is common for a spinal cord injury to result in permanent disability, paralysis, quadriplegia or paraplegia. The symptoms of a seaman’s spinal cord injury can range depending on where the injury is located on the spine and the severity. Victims of spinal cord injuries frequently experience pain in the spinal cord, loss of movement, loss of sensation, difficulty breathing and trouble walking. Spinal cord injuries must be treated immediately to help the victim achieve the best possible recovery.

Injury Treatment

Medical treatment for back and neck injuries can include bed rest, pain medication, cold therapy, heat therapy and immobilization. Depending on the injury, physical therapy may be recommended. A seaman who received a back injury or neck injury while onboard, may take a while to fully recover. Recovery time can last a few days to several weeks. In some instances, a back injury can cause chronic back pain for years to come.

Spinal cord injuries require more extensive treatment and damage to the spine can never be fully reversed. A maritime worker with a spinal cord injury will need immediate medical treatment and ongoing care. Immediate medical treatment may include pain medication, immobilization of the spine and possibly surgery. Ongoing care will be needed to prevent further problems such as bed sores, blood clots, muscle contractures and de-conditioning. Rehabilitation is usually recommended and a patient may be prescribed medicine for the pain and to control muscle spasms.

Legal Representation for Injured Seamen

A maritime worker with a back injury, neck injury or spinal cord injury may be entitled to compensation. An injured seaman can recover damages for:

• Lost wages, both past and present
• Medical expenses
• Pain and suffering
• Disfigurement
• Mental anguish

If you or a loved one have suffered a back injury, neck injury or spinal cord injury while working on a vessel contact our law firm immediately. Discuss your case with a maritime attorney for free and learn what legal options are available to you and your family.

When a harbor worker or longshoreman is injured, he or she is protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This act is a federal law governed by the U.S. Department of Labor and is designed to provide compensation for a dock worker or stevendore who was injured while performing some type of job related task. The LHWCA was passed in 1927 and gives coverage to longshoremen who work upon navigable waters in the Untied States. In 1984, the law was amended to give all longshoremen and harbor workers the same level of protection.

Eligibility for Filing LHWCA Claims

Any longshoreman or harbor worker who is injured on a pier, wharf, dry dock or shipping terminal may be eligible to receive compensation under the Longshore and Harbor Workers’ Compensation Act. Basically, this federal law protects employees who have a traditional relationship to maritime employment, such as a longshoreman, harbor worker, ship repairman, shipbuilder or ship breaker. Employees who perform the following duties are generally protected by this law:

• Loading or unloading vessels
• Ship construction
• Repairing ships and other vessels
• Harbor work
• General maritime construction

The Longshore and Harbor Workers’ Compensation Act Benefits

The Longshore and Harbor Workers’ Compensation Act allows the injured harbor worker or longshoreman to receive medical care and income benefits. These benefits may include medical coverage, lost wages and rehabilitation services. Injured longshoremen and harbor workers are able to choose their own physicians.

In the situation where an injured worker is not able to return to work because of the injury, then he or she may receive temporary disability benefits. Temporary benefits should equal 66 2/3 percent of the worker’s average weekly wages at the time of the injury. The benefits are generally paid every two weeks.

There is a deadline when it comes to applying for compensation under the LHWCA. The injury claim must be filed within one year of the accident with the U.S. Department of Labor. Missing this deadline could prohibit the injured worker from receiving benefits for sustained injuries.

Third Party Lawsuit

If the injury was caused by negligence on the part of someone other than the employer or if there was a dangerous condition on the vessel that resulted in an accident, then a third party lawsuit may be filed. Contact an experienced maritime attorney to determine who was at fault and discuss the legal options available to you and your family.

When a loved one passes away, it is devastating for the family members left behind. It is not uncommon for the family to experience financial difficulties, as the decedent may have provided a significant source of income. If the death involved a seaman, the surviving family members may be able to file for benefits under the Death on the High Seas Act (DOHSA).

Benefits Under the Death on the High Seas Act

A claim may be filed based on the DOHSA if the seaman’s death was caused by a wrongful act, neglect, or default that occurred on the high seas. Benefits are available for surviving family members if an employer’s negligence or unseaworthy vessel caused the death. To be eligible to file a claim, the accident must have taken place on the high seas beyond three miles (a marine league) from the shore of any U.S. state, the District of Columbia or U.S. territory or dependency. This law allows the decedent’s spouse, parent, child or dependent relative to sue the vessel, person or corporation for damages. If a decedent’s actions contributed to the accident, which caused his or her death, the amount of compensation awarded to the family may be reduced.

Compensation may be recovered for pecuniary (monetary) loss caused by the death of the seaman. Damages are calculated based on the estimate value of the financial benefit that the decedent would have provided. A spouse can be compensated for the actual value of the decedent’s financial contribution to the household. The amount the spouse receives will take into account the cost of caring for the decedent. Children may also recover the value of the care and guidance they would have received from the deceased parent.

The Death on the High Seas Act also covers deaths that resulted from commercial airline crashes. The amount of damages that may be awarded are limited. These types of cases are complex and require the expertise of an experienced Death on the High Seas Act attorney.

Filing a DOHSA Claim

There is a statute of limitations as to when a DOHSA claim can be filed. A lawsuit must be filed within 3 years of the date the accident occurred. It is crucial for family members to consult with a Death on the High Seas Act attorney immediately following the death of a loved one. An experienced Death on the High Seas Act lawyer will be able to go over the details of the accident and prepare a strong case against the negligent party. Contact our law firm for a free consultation regarding your DOHSA case.

Defective equipment on offshore rigs, tankers, barges and other vessels can cause serious injuries to the maritime worker. Equipment that is unsafe poses a significant risk of electrocution and burns. If you or someone you know has been injured by unsafe equipment or defective equipment onboard a vessel, a Jones Act lawsuit may be pursued.

Electric shock occurs when someone comes into contact with an electrical energy source. A person is injured when the electrical energy flows through the body, which ultimately causes shock. An injury caused by electric shock can be catastrophic, even deadly.

It has been estimated that nearly 1,000 people die each year in the United States as a direct result of electric shock. Many of the deaths were caused by exposure at work. As a seaman, you most likely work with heavy equipment and machinery. When equipment malfunctions aboard a vessel, the result can be devastating.

Symptoms of Electric Shock

Symptoms of electric shock can range, depending on the extent of injuries. When someone experiences electric shock, there may be little initial evidence of the injury or there may be immediate burns. A high voltage shock can cause cardiac arrest. Some of the electric shock symptoms include the following:

• Burns at the point of contact with the electrical source such as the hands, heels or head
• Spinal pain or injury, if the person was thrown clear of the electrical source
• Shortness of breath
• Chest pain
• Abdominal pain
• Pain in a hand or foot
• Deformity of part of the body
• Unconsciousness
• Numbness or paralysis

Treatment and Recovery of Electric Shock

Emergency medical care should be given to the victim immediately following the electric shock. Even if there are no external signs of damage, there could be internal injuries. A doctor will conduct various tests and exams to determine if any significant unseen injuries exist. It is possible for the heart, muscle or brain to be damaged from the electrical force. Some of the tests may include:

• Blood count
• ECG of the heart
• Urine test
• X-ray
• CT scan

The medical personnel will treat any burns according to the severity. Broken bones will require casting or splinting and in some cases may require surgery. If there are internal injuries, surgery may be needed. The medical staff will also closely monitor the victim to prevent infection, which is one of the most common causes of death among those hospitalized after an electrical injury.

Recovery from electric shock can be achieved, especially if the injuries were relatively minor. If the victim did not experience cardiac arrest or severe burns, the chances of survival increase dramatically.

If you have been injured by electric shock while working aboard a vessel, you may be eligible to file a Jones Act claim.