Archive for: 2007

A Maritime Accident Can Cause Serious Eye Injuries

Working aboard a vessel on the high seas comes with many dangers. Everyday, seamen are exposed to hazards from heavy equipment, tackle, defective machinery, slippery decks, unpredictable waters and severe weather conditions. There are many types of maritime injuries that can occur offshore, including serious eye injuries. If you or a loved one has suffered an eye injury as the result of a maritime accident, you need to be aware of your legal rights and should contact an experienced Jones Act lawyer.

Eye injuries are especially devastating, as they can lead to permanent blindness. This type of injury can be life changing and may affect your livelihood if you are not able to return to work due to your condition.

An eye injury sustained on a vessel can occur in two different ways. Physical eye injuries happen when an object enters the eye, such as glass or metal pieces. Chemical eye injuries occur when you are exposed to chemical fumes or if a chemical enters your eye. A chemical injury can result from working near these compounds without the proper safety goggles or from chemical cargo that was not properly contained.

Depending on the circumstances of your maritime injury, you may be able to hold the vessel owner responsible. If you are considered to be a seaman, you may be eligible to file a Jones Act claim, if negligence caused your maritime accident. A successful Jones Act case could entitle you to a substantial amount of financial compensation, which could include damages for pain and suffering, mental anguish, past and future medical expenses, past and future lost income and disfigurement.

Contact a Jones Act attorney today. There is a deadline as to when you can file your claim, so you do not want to delay in pursuing legal advice.

Pelvic Fracture from a Maritime Accident

A pelvic fracture is a serious injury that is often caused by a maritime accident. The pelvis, which is a bone structure at the end of the trunk, cradles many organs. That is why a fractured pelvis can lead to significant internal bleeding, organ damage, nerve injury and death. If you or someone you love has suffered a pelvic fracture from an offshore accident, you may be entitled to compensation under the Jones Act or General Maritime Law.

One of the most common causes of pelvic fractures is falls. A fall from a substantial height is considered to be a high-energy force and may lead to a life-threatening broken pelvis. As most seamen know, the possibility of a fall accident on a vessel is a major hazard of working on the sea. Slippery decks, broken stairs, worn out ladders and other dangers can result in a traumatic fall accident aboard a vessel.

Typically, a broken pelvis becomes swollen and bruised and is incredibly painful. Also, these types of fractures can cause excessive bleeding, leading to shock. Someone who has suffered a broken pelvis must seek emergency medical attention, so that the injury does not prove to be fatal.

Certain diagnostic tests, such as x-rays and CT scans, are used to determine if a patient has a fractured pelvis. In some cases, surgery is required after the pelvis is stabilized. Doctors often use an external fixator to stabilize the pelvic area, which is a device with long screws that are placed in the bones on each side and then connected to a frame outside of the body. This device allows doctors to focus on any internal injuries to blood vessels, nerves and organs.

If you have sustained a pelvic fracture or some other type of maritime injury, you should contact an experienced maritime injury lawyer today. You may be entitled to financial compensation for your injuries.

A Serious Maritime Accident Can Leave You Blind or Deaf

The types of accidents and injuries that can occur offshore are endless. Seamen have been known to suffer severe injuries and death from working aboard a vessel, such as a fishing boat or tug. These workers put their lives at risk on a daily basis and sometimes sustain permanent, life-altering injuries as a result. Even though most of the maritime accidents will include broken bones, bruises and back injuries, some will lead to blindness or hearing loss. This type of injury can change the life of the maritime worker forever. If you have been injured in a maritime accident, you need to be aware of your legal rights under the Jones Act.

The Jones Act is a federal law that provides compensation for injured seamen. A seaman is basically anyone whose work contributes to the function of a vessel or is done aboard a vessel. If you are considered a seaman, you should contact a Jones Act lawyer immediately, as the law is complex and there are deadlines as to when you can file a lawsuit.

Hearing Loss

The noise levels on a vessel can be high, especially in the engine room. Seamen who are subjected to this noise on a daily basis have been known to experience hearing loss, which can be permanent or may lead to other hearing problems such as buzzing in the ear.

There are measures that can be taken to protect workers from hearing loss, such as hearing protection and personal protective equipment. Workers should also be monitored for their hearing abilities regularly.

Eye Injuries

Seamen are also at risk of eye injuries that can lead to blindness. An eye injury can occur when an object, such as broken metal or glass, enters the eye or when the eyes are exposed to toxic chemicals, either directly or through fumes. Eye injuries can be avoided by using eye protection.

Employers are responsible for the safety of their employees under the Jones Act. If you have suffered hearing loss or blindness while working aboard a vessel, you may be able to file a Jones Act claim to recover compensation for your injuries.

Intracranial Hematoma and Your Rights as an Injured Jones Act Seaman

Many head injuries result in nothing more than a minor bump on the head, but what happens when it turns into something more serious? Intracranial hematoma is a potentially life threatening head injury that can takes several weeks or longer for symptoms to surface. If you are a seaman, fisherman, crewmember or other maritime worker and have sustained a head injury in a maritime accident, you need to be aware of the signs of intracranial hematoma and your rights under the Jones Act.

What is intracranial hematoma?

According to the Mayo Clinic, intracranial hematoma is the result of ruptured blood vessels within your brain or between your skull and brain. Hematoma, which is defined as a collection of blood, compresses against the brain tissue. This type of head injury can occur from a maritime accident, such as a fall or blow from an object, when the fluid around the brain is unable to absorb the impact. The brain can become bruised from hitting the inside wall of the skull.

Intracranial Hematoma Symptoms

Even if you feel fine after sustaining a blow to the head or knocking your head on a hard surface after a fall, it does not mean that you are in the clear. It can take a while for the symptoms of an intracranial hematoma to begin. Pressure can build as the brain swells, which can create any of the following symptoms:

  • Headache
  • Vomiting
  • Dizziness
  • Loss of consciousness
  • Different size pupils
  • Limb weakness
  • Raised blood pressure
  • Confusion
  • Extreme tiredness
  • Convulsions

Treatment and Diagnosis of Intracranial Hematoma

Most doctors will assume that you are suffering from intracranial hematoma if you lose consciousness after an accident. An imaging test, such as a CT scan or MRI scan, will most likely be ordered to confirm your diagnosis. These scans will show any damage or swelling of the brain.

Surgery is usually required to treat hematoma. There are two basic types of procedures used, which are surgical drainage or craniotomy. Surgical drainage is utilized when the blood is localized and there is no excessive clotting. When the hematoma is significant, a craniotomy may be needed that will open the skull to remove the blood.

Compensation for a Maritime Injury

The recovery time for intracranial hematoma can be lengthy and will most likely require you to take a substantial amount of time away from work, if you are even able to return to work at all. If your maritime injury was the result of negligence or an unseaworthy vessel, you may be entitled to compensation under the Jones Act. Contact an experienced maritime attorney to discuss your legal options. Our law firm offers a free, confidential consultation regarding your Jones Act case.

What They May Not Tell You After An Oil Rig Injury

As an oil rig worker, you have legal rights that could entitle you to compensation if you have sustained an offshore injury. You may be contacted by the insurance company following an oil rig accident, but what you probably will not be told is that you may be able to file a lawsuit and obtain a substantial amount of compensation, if negligence was involved.

There are federal laws that protect offshore oil rig workers, including the Jones Act and General Maritime Law. These laws are meant to protect you and allow you to hold the vessel owner or third party accountable for their negligent actions. You may be entitled to compensation if there was negligence by your employer, co-workers, operators or officers, which caused you to sustain offshore injuries.

As an injured maritime worker, you are able to sue your employer or other responsible party directly. Jones Act lawsuits are different than workers’ compensation claims in that they are not limited to “no fault” arrangements and other non-negotiable terms.

Compensation from a Jones Act case can be substantial and often includes lost wages, medical expenses, pain and suffering, mental anguish and disfigurement. To be eligible for Jones Act compensation, you must be considered a seaman under the law. Generally, people who work on offshore oil rigs are considered seamen.

Don’t let your employer or their insurance company bully you into signing documents or accepting a settlement until you talk with an experienced maritime attorney. If you agree upon a settlement before talking with a maritime injury lawyer, you could be forfeiting money that you deserve. Too often employers and insurance companies offer settlements far below what the injury cases are worth.

Factors in an Offshore Helicopter Accident

Offshore oil drilling is an essential part of the economy in the United States. These platforms and rigs are located offshore, frequently in the Gulf of Mexico and other locations. Since it would take too long to travel to these destinations via boat, helicopters are commonly used.

Helicopters are the main mode of transportation for oil rig workers and are often utilized for delivery of emergency equipment or parts. Helicopters are also used to take injured maritime workers to hospitals and other medical facilities for emergency treatment. Unfortunately, helicopters have been known to crash and cause serious injuries and death. If you have been injured in an offshore helicopter accident, you do have legal rights.

Helicopters are complex and many things can go wrong, leading to a tragic accident. Some of the factors that have been linked to maritime helicopter crashes include:

  • Negligence by the helicopter owner
  • Inadequate ground mechanics
  • Poor weather conditions
  • Excessive loads
  • Poor maintenance
  • Excessive hours on the engine or other parts
  • Negligent operation
  • Manufacturing defect

Manufacturers are often to blame for offshore helicopter crashes when there was a design flaw, manufacturing defect, breach of warranty or failure to warn of a known danger. Depending on the cause of the accident, multiple defendants may be held liable.

When it comes to injuries caused by an offshore helicopter crash, General Maritime Law, the Jones Act and other laws come in to play. If you have been injured in an offshore helicopter crash or have lost a loved one in such an incident, you need to contact an experienced Houston maritime attorney who can explain your legal rights. There are deadlines as to when you can file your claim, so it is important to get started right away. Contact our law firm today. We are available 24 hours a day, 7 days a week. The legal consultation is free and confidential.

You Can Collect Mental Anguish Damages Under the Jones Act

Injuries come in all different forms, from bone breaks to head trauma. These serious injuries can take a toll on you physically, as well as mentally. In the past, doctors did not place a lot of emphasis on the emotional aspect of coping with a traumatic injury, but things have changed. Physicians and juries now take into account the mental anguish caused by a maritime injury. The good news for injured maritime workers is that they can now recover monetary damages for mental anguish.

The Jones Act is a federal law that protects injured seamen. If you are considered a seaman, this law allows you to collect compensation during your recovery and provides damages for mental anguish, among other things. However, the law is complex when it comes to obtaining these damages. To be eligible for mental anguish damages, you must have been injured by negligence and one of the following took place:

  • You became extremely distressed after being exposed to a hazard that has the potential to cause a life threatening illness
  • You experienced mental pain from an injury
  • An accident put you into a dangerous situation where you were at risk of serious injury

It can be very difficult to collect damages for mental anguish. The law does not allow family members of a seaman who was killed in a maritime accident to obtain this compensation. Also, if you witnessed an accident or death of a co-worker, you are not eligible for mental anguish damages. There are some other exceptions that should be discussed with a Jones Act lawyer.

If you have been injured in a maritime accident, you need to contact an experienced Jones Act attorney. When it comes to filing a Jones Act claim, there are deadlines, so you do not want to delay in seeking legal advice.

Want to Know How You Can Wreck Your Jones Act Case?

Injuries come in all different forms, from bone breaks to head trauma. These serious injuries can take a toll on you physically, as well as mentally. In the past, doctors did not place a lot of emphasis on the emotional aspect of coping with a traumatic injury, but things have changed. Physicians and juries now take into account the mental anguish caused by a maritime injury. The good news for injured maritime workers is that they can now recover monetary damages for mental anguish.

The Jones Act is a federal law that protects injured seamen. If you are considered a seaman, this law allows you to collect compensation during your recovery and provides damages for mental anguish, among other things. However, the law is complex when it comes to obtaining these damages. To be eligible for mental anguish damages, you must have been injured by negligence and one of the following took place:

  • You became extremely distressed after being exposed to a hazard that has the potential to cause a life threatening illness
  • You experienced mental pain from an injury
  • An accident put you into a dangerous situation where you were at risk of serious injury

It can be very difficult to collect damages for mental anguish. The law does not allow family members of a seaman who was killed in a maritime accident to obtain this compensation. Also, if you witnessed an accident or death of a co-worker, you are not eligible for mental anguish damages. There are some other exceptions that should be discussed with a Jones Act lawyer.

If you have been injured in a maritime accident, you need to contact an experienced Jones Act attorney. When it comes to filing a Jones Act claim, there are deadlines, so you do not want to delay in seeking legal advice.

Jones Act

You have legal rights as a seaman and could be entitled to a monetary settlement if you were injured on the job. The Jones Act, which came to pass in 1970, was created by the federal government to protect injured seaman. This law regulates the maritime industry and ensures that seaman injured while on duty, receive adequate compensation. Under the Jones Act, an injured worker may be able to recover:

  • Lost wages, both past and present
  • Medical expenses
  • Damages for pain, suffering, disfigurement and mental anguish

Some of the injuries associated with Jones Act lawsuits include those caused by falls due to poor lighting or lack of appropriate equipment, weather related accidents, exposure to toxic chemicals, burns, electrocutions, falling objects and even assaults. There are many reasons for maritime injuries and it is important to be able to determine whether negligence or unseaworthiness of a vessel played a role.

If you win your Jones Act lawsuit, you may be awarded hundreds of thousands of dollars for damages. That is a lot more than your employer will offer you.

As a seaman, you are legally entitled to “maintenance and cure” if you are injured in the course of your employment, regardless of who was at fault. Maintenance refers to the small daily compensation you receive, which usually equates to as little as $10 to $35 per day. Basically, the amount of maintenance should equal the costs of your living expenses on land, assuming you have comparable accommodations as you had on the vessel. Cure is defined as your employer’s obligation to provide medical care until your condition cannot improve any further. Unfortunately, many seamen are unaware that they have a claim under the Jones Act and settle for maintenance and cure – missing out on a large potential settlement.

Seaman – The Legal Definition

One of the first steps in a Jones Act case is the determination of whether or not you are legally a seaman. By definition, a seaman is a crew member of a vessel or person who was assigned to a vessel or fleet of vessels. Individuals who work on the following are considered to be seamen:

  • Fishing vessels
  • Supply boats
  • Tankers
  • Freighters
  • Jack-up rigs
  • Towboats
  • Tugboats
  • Semi-submersibles
  • Barges
  • Crew boats
  • Movable or jack-up drilling rigs

There are requirements to proving seaman status that should be discussed with a maritime attorney – seek legal help to protect your rights.

Negligence and Unseaworthiness

In order to have a successful case under the Jones Act, you must be able to prove negligence or fault by the vessel’s owner, operators, officers or co-workers. Defects in the vessel, equipment, tackle or gear also allow for certain remedies. You may have a Jones Act claim if your employer did something unreasonable that directly or indirectly caused the accident or if your employer failed to perform an act that could have prevented the injury. The admiralty lawyers at our law firm will help you determine if your employer was negligent.

If the vessel is found to be unseaworthy, you may also have a valid case. A ship’s owner has a duty to ensure that the vessel is seaworthy and that it provides a safe environment for you to work. A vessel owner can be held liable if there were conditions that could have been corrected, which ultimately resulted in your injury. An experienced Jones Act attorney will be able to review your case and find out if the vessel was unseaworthy.

Statute of Limitations

There are deadlines as to when you can file a claim. The Statute of Limitations for a Jones Act case is generally three years from the date of the incident. Some exceptions include situations where the injury occurred on a vessel that is in some way connected to the U.S. government. Do not wait to speak with a Jones Act lawyer. If your case does not fall under the Jones Act, your statute of limitations can be as little as one year. You could miss out on a large cash settlement if you are past the deadline.

Contact an Attorney

The Willis Law Firm will go over your rights as a seaman and assist you with your Jones Act injury case. Contact our law office 24 hours a day, 7 days a week. Your consultation is free and confidential.

Closed Head Injuries from Offshore Work

A closed head injury, also known as a concussion, can be serious. Longshoremen, harbor workers, seamen and other maritime workers are especially prone to closed head injuries as their jobs are strenuous and they often work in dangerous conditions.

Falls that occur offshore and defective machinery are often to blame for closed head injuries, which refer to any injuries to the scalp, skull or brain. Assaults by crew members can also result in a closed head injury, as a blow to the head can cause serious damage.

Someone who has an accident offshore may experience symptoms that would indicate a serious head injury. Some of these symptoms include loss of consciousness, drop in blood pressure, seizures, vomiting, pupil changes, drowsiness, extreme headache and fluid drainage from the nose, mouth or ears.

A closed head injury sustained while working offshore can lead to bleeding inside the skull or irreversible brain damage. The brain can become bruised in a fall or assault aboard a vessel, even if the skull is not penetrated.

Several tests will be conducted to determine the best possible treatment for the head injury. If there is bleeding in the skull, the doctor will need to find the location of the bleeding, assess the symptoms and other injuries, before recommending treatment options. Pressure monitors, medication to prevent seizures and antibiotics to prevent infections are commonly used for a closed head injury. In some cases, surgery is necessary.

If you or a family member has suffered a head injury from working offshore, you may be entitled to compensation. Contact our law firm for a free legal consultation. Maritime lawyers can help answer questions you may have and discuss your legal options.