Showing posts with label Jones Act. Show all posts
Showing posts with label Jones Act. Show all posts

Monday, May 27, 2013

Contributing Factors For Drilling Rig Injuries, According To Houston Offshore Injury Lawyers

Natural gas and oil are usually dug up from the soil, but these resources can also be found in many of the world's harsh environments. One can find these deposits on the desert; others can be found at the bottom of the sea, which Houston offshore injury lawyers know is one of the most hazardous environments. Working in these kinds of jobs can expose the worker to dangers to life and limb. When glitches arise, these could lead to injuries or death.

An injured rigger suffers not only physical but also emotional hurt. This often results from frustrations arising from legal conflicts over their claims for compensation. For these legal battles, seeking the help of a Houston offshore injury lawyer is the best recourse to enforce one's rights to work safety and compensation for injuries.

The legal assistance from a Houston offshore injury lawyer is a huge boost to an injured worker's cause to get compensation and enforce his rights. Here are a couple of factors that increase a drill rigger's risk of injury of death:

The noise that is generated by the drilling machine can cause ear drum problems. It is the responsibility of the employer to provide ear plugs to prevent such injuries.

Malfunctioning tools. When an employer has not audited equipment to ensure it is fully and properly functioning, a worker may become injured and permanently disabled if the equipment fails.

Overworking employees. Operating a rig with a pared down staff to shave operating costs can lead to working too many long hours in order to get the job done. Overly worked employees are more likely to make mistakes because of fatigue.

Insufficient training. Employers who rush their workers to do the job without adequate training may be held liable for the resulting injuries that these workers incur. Poor training leads to ineptitude and clumsiness on the job, which contributes to an increased risk for injuries or death.

This is not a comprehensive list, but it illustrates how easily life on a drilling rig can lead to life-altering injury or even death as a result of employer negligence. When an employer's actions -- or in some cases, inaction -- leads to dire consequences, the law provides recourse for the employee or his family to seek compensation for medical bills, lost wages, lost earning potential and other damages. A qualified Houston offshore injury lawyer is the best person to talk to in order to determine what rights you have following an injury in this type of work environment.
 


Preserve your right to obtain reparation for injuries sustained. Discuss your injury issues with a trusted and experienced maritime attorney in Houston. Speak with the Houston TX offshoreinjury attorneys at Richard J. Plezia & Associates.

Thursday, May 16, 2013

Houston Jones Act Attorneys: The Role Of The Seaman's Injury Log In Maritime Claims


When seamen are injured on the job, injuries must be reported right away to the captain or mate to be documented correctly. It's important to remember that an injured seaman has three years to report the injury and to seek the services of a Houston Jones Act attorney from the date the injury took place to receive proper compensation. This compensation comes in two forms.

First, seamen are entitled to maintenance while they are recovering from an injury. Maintenance includes living expenses while undergoing medical treatment and reimbursement for the time lost from work. Maritime claims are best filed as soon as possible after the injury has occurred.

The second is called cure. This amount covers reimbursements for medical costs incurred by the injured seaman.

Both forms of compensation are given to seamen who are injured in the course of their employment on the vessel. A Houston Jones Act attorney can help injured seamen in these proceedings and help them claim their rightful indemnities.

An Injured Seaman's Right to Receive Compensation

Seaman's rights to file claims for compensation, and the compensation that those rights entitle seamen to receive are closely guarded and protected by the court system. And the seaman is entitled to compensation for injury and medical treatment regardless of who is at fault for the accident. This is an important point to remember when seeking the services of a qualified Houston Jones Act attorney.

Not all injuries arise from fault or negligence. In certain instances, it could just be an unfortunate event that befell a particular seaman. Nevertheless, these events should be reported for documentation purposes, which can be used in filing claims in the future.

In cases where the injury resulted from the fault or negligence of the employer, the injured seaman can claim maintenance and cure compensation. In addition, maritime laws also allow the latter to file for an action for torts and damages.

Seaman's Injury Log is an Important Document

A Houston Jones Act attorney can advise seamen as to their rights relating to occupational safety and claims for indemnity arising from injuries incurred in the course of their employment.

As a preliminary step in enforcing these rights, the concerned seamen are required to report the circumstances surrounding the occurrence of the injury. This is a prerequisite before filing the necessary actions for compensation or damages in court.

For this purpose, seaman's injury logs should be maintained and updated regularly by vessel owners or operators, in accordance with Coast Guard specifications. These logs are required to be updated in the event of any significant injury on a vessel. For assistance regarding these maritime claims and other related matters, it is best to consult a Houston Jones Act attorney.


Should accidents occur, injured seaman can claim compensation for injuries sustained on board the vessel. Speak to a Houston Jones Act attorney today. Discuss your case with the Houston offshore injury lawyers at Richard J. Plezia & Associates.

Wednesday, May 1, 2013

For Maritime Claims, Consult A Houston Maritime Lawyer


Maritime casualties occur once in awhile. In view of the injuries sustained, aggrieved parties usually resort to legal remedies to obtain redress and vindication of their rights. For these legal purposes, it is highly recommended that parties obtain the services of a Houston maritime lawyer to enforce their right to claim compensation for injuries.

Maritime claims are governed by specific law in Texas. A Houston maritime lawyer can help injured workers seek the maximum claims allowed by Texas court. Due to the risks associated with maritime jobs, claimants should hire a lawyer who knows specific employee protections guaranteed by state law.

Knowing the right compensation for on-the-job injuries is the expertise of a Houston maritime lawyer. In addition, this legal professional can help aggrieved maritime workers file appropriate actions on account of the fault or negligence of the ship owner or for unfairly paid compensation.

Claims of negligence may be for injuries from unseaworthy equipment, improper safety equipment, unsecured loads and more. A maritime attorney can assist in these cases, particularly if you have been undercompensated by your company.

In addition, a Houston maritime lawyer can also assist injured passengers who boarded U.S.-registered vessels. These aggrieved passengers may file separate actions or consolidate it under one lawsuit against the vessel owner when unsafe equipment, negligence, fault, or inadequate emergency services are to blame for your injury..

Bringing claims to ship operators starts with a thorough consultation with a lawyer. When seeking the service of a Houston maritime lawyer, the aggrieved parties must clarify what legal rights they can invoke to win a compensation. A Houston maritime lawyer should know specific liabilities that may be brought against the shipping operator based on initial consultation. Experienced lawyers will take time to study the nature of the circumstances that befell a victim and assess how maritime law can be applied to win the maximum possible compensation.

With the high costs of litigation, many practitioners in this area of law welcome a contingency fee arrangement where the payment of attorney's fees depends on having a favorable judgment obtained by the concerned party's counsel.

The Houston maritime lawyers at Richard J. Plezia & Associates have decades of experience in maritime claims for injured seamen and offshore workers. Contact them today to discuss your case.

A Jones Act attorney in Houston can help you enforce your right to claim compensation for injuries sustained in the course of employment. Seek legal assistance from a Houston maritimeattorney at Richard J. Plezia & Associates today.

Wednesday, April 24, 2013

Offshore Injury Law Firm In Houston: Getting The Compensation You Deserve For Your Maritime Injury


The services of an offshore injury law firm in Houston would be available for cases such as a maritime worker who has become ill or experienced injury while on the job. Ideally, a company should be willing to compensate an offshore injury. However, more and more companies now take measures of protection against a claim such as this. For this reason, it might become necessary for a maritime worker to seek appropriate legal assistance.

Bad things happen even to good people. Therefore, you can never be too sure that you won't fall victim to an accident while at sea. When this happens, it is only fair that you get duly compensated, but this doesn't happen in all cases for one reason or the other. With the services of an offshore injury law firm in Houston, you can effectively fight for what is rightfully yours.

To ensure that compensation is made and fair but also to do battle on behalf of the worker, an offshore injury law firm in Houston would prove essential. With professional services, there is no reason for a person to fall victim. Following we provided some examples of key benefits associated with using the services of a law firm.

A reputable offshore injury law firm in Houston offers the services of highly professional attorney who hs in-depth knowledge and expertise specific to maritime workers who become ill or experience injury, regardless if the job is on or offshore.

Typically, an attorney with an offshore injury law firm in Houston will be able to secure better compensation for the worker than if the worker tried to secure compensation without legal assistance. Having specialized knowledge, an attorney who provides representation in this field is aware of legal opportunities that would otherwise be overlooked.

The value of the compensation can change depending on the details availed in court. An attorney working with an offshore injury law firm in Houston would know the kind of information that would increase the value of your compensation. They normally carry out their own investigations into the incident and sift out the most vital information for presentation in court. For instance, say you were injured and the lawyer could prove that it was due to negligence on the part of the employer, then your compensation would likely increase.

Large companies tend to take those represented by an offshore injury law firm in Houston more seriously. This is because the possibility of moving to court looms large then. An injury lawyer would also know which buttons to press to make the company cede more in compensation as they are conversant with the personal injury laws.

Although hiring an attorney is highly recommended regardless of the employer, this would be vital for larger corporations. Most large companies are well aware that a breakdown in negotiations is likely, which means going to court. With outstanding legal assistance, negotiations would be more favorable, which ultimately means being awarded more compensation for the on-the-job illness or injury.

The Houston maritime law attorneys at Richard J. Plezia & Associates have decades of experience in helping injured maritime workers. Visit their website today to learn more about this well established offshore injury law firm in Houston.

Wednesday, January 25, 2012

Do I Require A Jones Act Lawyer?

For the majority of employees who are injured in the course of their work on a vessel, the advisable plan of action is to consult with a Jones Act lawyer as quickly as they can.

Maritime personnel who qualify as seamen are sheltered under a federal law called the Jones Act, which provides for the compensation of this division of maritime employees in instances of injury. Regardless of whether you are sure of your status as a seaman and your legal rights, a lawyer should be contacted if you are harmed on the job. Due to the complications involved in this law, a maritime lawyer is best qualified to make certain you acquire the full compensation you are entitled to.

For What Reason Contact A Jones Act Attorney?

Anyone who is hurt whilst doing work on a boat or vessel and who is eligible under the Jones Act ought to locate a lawyer that is highly trained in this maritime law area, which is a component of the Merchant Marine Act of 1920.

The law is created to protect the privileges of persons hurt on the job at sea. It assists ones considered to be seamen; however, the definition of seamen is broad. The requirements state the worker must be designated to and have a significant relationship with a vessel in navigation.

Even though you might decide this does not apply to you, a Jones Act attorney ought to be consulted to verify whether you are a candidate.

Why Do I Require An Attorney?

In the event that you are decided of your qualification as a seaman, you could conclude that taking on the case on your own is ideal. There are quite a lot of factors why this isn't necessarily the preferred solution.

To ensure you can recover compensation for injuries under the Jones Act law, the hurt employee has to show that neglect of his or her employer can be linked to to the accident. The negligence does not need to be major; even minor carelessness that led to an employee's injuries can make the seaman suitable for a claim in accordance to this legislation. But, showing neglect can be complicated, and the job of collecting and demonstrating proof must hold to court protocol and satisfy the plaintiff's burden of proof. To build up the chances of a advantageous result for your suit, an attorney who is an expert in these instances is best armed to deal with these tasks.

It's possible that your employer could offer you a settlement prior to even setting foot in a courtroom. It could be simple to accept a rapid settlement without a maritime attorney to speak on your behalf, however any settlement your employer presents could be far smaller than what you have entitlement to.

An experienced Jones Act attorney will be on YOUR side, educating you of the best options and your rights under the law, and vying for the complete amount of recourse you are permitted to under maritime laws.

Complaints under this maritime law also have a cut-off date. Your lawyer can be sure that all demands are adhered to, including taking action within the statute of limitations, which is 3 years.

The Houston Jones Act attorneys at Richard J. Plezia & Associates have years of experience helping seamen who have been injured on the job and are candidates for remuneration under maritime law.

Tuesday, November 29, 2011

What's Maritime Piracy And May You File Suit As A Result Of It?

Maritime piracy has been a important matter challenging the global community and overseas sectors for hundreds of years. The pirates are no longer looking for treasure or gold, though. Piracy in this decade target ships transporting goods or oil, and also crew members have been taken hostage.

Worldwide efforts to stem the tide of piracy drawn out restored assault tactics instead of a minimizing of these scary attacks. If you have been the victim of a maritime piracy attack, a maritime lawyer in Houston TX may very well help you determine whether you hold a legal claim.

Maritime Piracy Defined

Modern pirate attacks aren't what's in the movies or on TV. Of late, these criminals use more sophisticated weapons and traditionally attack from smaller motorboats. Since 2007, hundreds of ships have been attacked and passengers taken as hostages.

In 1982, the United Nations Convention on the Law of the Sea recognized maritime piracy as a criminal violent act, detention or devastation for individual gain by personnel of a private aircraft or ship against another ship or aircraft or its contents on water.

These modern incidents are recognized in coastal Somalia and Nigeria and between India and Sri Lanka, a vicinity once known as The Pirate Coast. Maritime lawyers have the ability to assist victims of maritime piracy against a U.S.-flagged vessel or a vessel associated with an American company, who might possibly be entitled to compensation under legislation such as the Jones Act.

Global Effects Of Maritime Piracy

With the escalating incidents of pirate incidents on international commercial ships, expenses for companies that do international business are escalating. Insurance rates and freight costs are mounting, as well as the escalated price of rerouting ships and dispersing ransom for hostage crew members.

Modern-day techniques for fighting pirate activity are commonly defensive in approach, including on-board deterrents such as security alert systems, fire hoses, electric screens, deck patrols and private marine security guards. Over 12 countries have likewise escalated naval deployments and partnered with anti-piracy efforts in highly trafficked regions for small maritime gangs.

The effects of these increased efforts have been considered to be short-term solutions, as opposed to focusing on the issue of political and economic unrest in the the gangs' countries.

Filing A Maritime Piracy Claim

U.S. residents employed by United states businesses which have been victims of maritime piracy activity possess options for settlement depending on the circumstances of the incident. Issues of deficiency of protection or other proof of negligence may make the employee eligible for settlement in accordance to U.S. maritime laws.

Settlement may very well be accomplishable for cure and maintenance payments, as well as other settlements. An expert maritime attorney can potentially help decide whether a survivor of piracy is a candidate to file claim under U.S or other legislation and to what amount the settlement is likely to be possible.

The maritime law lawyers of Richard J. Plezia & Associates have achievement in dealing with maritime injury cases. Visit www.rickplezia.com/maritime-offshore-injury/general-maritime-law-attorney for more information and to get the assistance you must have in filing a claim.

Monday, November 28, 2011

Would A Seaman's Relatives Be Able To File A Wrongful Death Lawsuit?

Family members of seamen killed in the line of work may have legal protection under United States maritime legislation. The circumstances will decide which laws you are eligible to file suit under.

If your loved one was killed at sea while working, an experienced Houston maritime attorney can assist you to verify your legal rights and assist you in deciding whether to file suit.

Defining The Death On The High Seas Act

The Death on the High Seas Act, often called DOHSA, is a maritime law providing for the reparation of families of seamen killed in global waters because of carelessness on the part of a crewmember or the vessel he was on. If the accident happened more than 3 miles from the shoreline of the United States or its territories, family members may be entitled to file grievances under these laws.

Settlement can only be made to the laborer's spouse, offspring or dependent relatives and is limited to monetary and pecuniary reparation. Families may also be qualified to receive emotional damages under some circumstances.

Wives and husbands could also have the ability to claim loss of household services, which means the loss of assistance provided by the seaman in raising kids and household tasks. DOHSA doesn't take into account for loss of support, consortium and companionship damages and preempts state or other maritime regulations that do.

Jones Act Claims

As the name suggests, the DOHSA is specifically for death incidences of a seaman. If your family member was injured while working as a seaman, he should seek a case under the Jones act law, which covers particular sorts of maritime laborers who have been hurt in the course of work by reason of negligence. There are cases, however, where surviving immediate family members will be able to file a Jones Act wrongful death claim.

In the event that your loved one was killed in United States seas inside a marine league of the coastline or whilst in port, the surviving family may be permitted to file suit under this law and not the DOHSA. In this case, the family may be eligible to claim further damages. If neglect or proof of unseaworthiness against the vessel owner can be determined, reparation for loss of consortium and punitive damages might be possible.

Other Wrongful Death Laws That Can Apply

The Jones Act sets forth remedy for the families of seamen who lost their lives because of the employer's neglect. If the incident was the outcome of disregard in whole or in part by an individual besides the employer, the seaman's family members might be able to file suit under general maritime law or state wrongful death statutes.

When the death takes place in federal waters, the wrongful death regulations of the abutting state could be applied. But, with the many conditions that go into deciding not only whether a claim is feasible but also what statute it ought to be submitted under, talking with a maritime attorney is the advisable plan for the families of seamen killed in the course of duty.

In the event that your loved one lost his life in his line of work as a seaman, speak to the experienced Jones Act lawyers in Houston at Richard J. Plezia & Associates today to discover if you have a claim.

Friday, October 28, 2011

Am I Able To Submit A Claim Under Maritime Legislation?

Whether you are employed as a seaman, dockworker or offshore laborer, if you’ve been wounded throughout the course of your marine industry job then you likely have liberties under maritime law. conditional to your occupation, your injury complaint is prone to different prerequisites and compensation regulations.

Capable maritime lawyers Houston are able to aid you in determining which laws are pertinent to your circumstances and get you the largest settlement conceivable.

Which People Qualify As Maritime Workers?

Not everyone who is a naval laborer is constantly employed on a vessel. Maritime legislation sets apart mariners and non-seamen. In the event that you labor as a seaman, you are probably able to register a complaint under the Jones Act if you’ve been wounded on the job.

Seamen are crewmen of a ship that is in navigation and not eternally docked or fastened to land-based utilities. They have to also add to the vessel’s business or piloting.

Naval employees not in that division also possess entitlements. Examples of non-mariner vocations that may be qualified to submit wounded worker complaints include:

  • Bringing goods off of or onto ships
  • Fixing/assembling vessels
  • Pier, wharf, dry dock or terminal laborer

In the event that you work in one of these professions and were hurt at work, you could be eligible for reparation by way of the Longshore and Harber Workers Compensation Act. A skilled maritime lawyer will have the ability to conclude whether or not your grievance falls under this law.

Grievances Under The Jones Act

A wounded seaman is qualified for reparation from their maritime employer under the Jones Act ifin the event that the manager or a co-worker’s laxness resulted in the injuries.

Some samples of feasible claims include:

  • Unsuccessfully allowing a safe labor atmosphere
  • Infraction of safety statutes
  • Falling short of arranging sufficient medical care
  • Negligence of other employees for which employee is responsible
  • Vessel not reasonably fit for desired implementation

These are simply a few of the credible positions for Jones Act cases. If you’ve been involved in a maritime piracy episode, you may also have a complaint under this legislation. A maritime law lawyer in Houston can best advise you on what regulations you have liberties under.

Claims by way of this law has to generally be brought inside of three years of the grievance and have the ability to allow settlement for damages that are considerably greater payouts than those under the Worker’s Compensation Act.

Other complaints that could be filed under this maritime regulation are Maintenance and Cure. Maintenance is a daily subsistence rate a Jones Act employer has to pay to hurt workers without considering fault or carelessness. Cure is the payment of reasonable medical charges throughout your time of mending. These grievances can be filed in addition to or separate from negligence claims.

Grievances You Can File Under The Longshore and Harbor Worker’s Compensation Act

For workers considered non-seamen, it is still feasible to qualify for a maritime law claim. Hurt laborers who are eligible to file complaints under the Longshore and Harbor Worker’s Compensation do not need to prove employer laxness to qualify for benefits.

LHWCA can arrange the following benefits for entitled workers who are injured or become ill because of their job: medical expenses, disability disbursements and wrongful death benefits for relations of laborers killed during employment.

If you’re a maritime laborer who has been injured at work, contact the qualified maritime attorneys at Richard J. Plezia & Associates today for a free consultation.

Monday, October 17, 2011

What Is The Jones Act And Who Can Argue For Injuries By Way Of It

Preceding the Merchant Marine Act of 1920, seamen were in danger of ill treatment, involving exploitation and heinous working conditions. They were entitled to no enforcible security against the people who hire them, and injuries, illness or fatality at sea were just recognized as occupational dangers.

Part of that 1920 legislation, the Jones Act, changed that situation, permitting seamen specific lawful insurances from manager laxness that is conducive to ailments.

In the event that you’re a seaman who was injured on a vessel, a Houston maritime law attorney is able help you understand your entitlements and aid you in receiving the reparation you are entitled to.

What Is The Jones Act?

The Jones Act acknowledges the liberties of the previously-ignored seamen and establishes insurances in favor of them and support impeding ill treatment and careless conditions that contribute to injury.

The law provides for reparations for impairedseamen, though it is remarkably different than other maritime regulations and workers compensation regulations.

Unlike alternative regulations, to file Jones Act claims, an injured seaman has to provide proof of employer carelessness in order to be entitled to aid. However, even slight negligence can measure up to meet this condition.

It also proposes considerable payouts that largely surpass the variety available to settlements under the Worker’s Compensation Act. This means it is considerably crucial that seamen seek advice of a competent maritime attorney who is able to help them get the full amount they are eligible for under the correct legislation.

Which People Qualify As Seamen?

Not everyone who works on a vessel is going to be entitled to file a settlement. To be entitled under this maritime law, the person is required to be a seaman. In order for a person to be called a seaman under the Jones Act law, that individual is required to meet three essential criteria.

Required to be committed to a ship: A employee must be committed to a vessel or fleet of boats owned by the same person or company. Freelancers who are employed by many people might not have the ability to show the necessary connection with an individual vessel.

Vessel is required to be in navigation: Not every single tugboat, barge, rig or casino boat measures up under the Jones Act. The boat does not have to be on the ocean to qualify. boats on rivers or non-coastal waterways are also able to meet requirements, and workers on them are able to be called seamen by way of this regulation.

Have to have sizable relationship with boat: This condition means the seaman has to pass a considerable quantity of time on the boat (but not the entire time) and add to its support or function. In the event that you pass about one-third of your time employed on a ship, you may qualify.

It’s important to also know that to be defined as a seaman by way of the Jones Act, a laborer does not inevitably have to be explicitly incorporated in the control and running of the ship. Other occupations also meet requirements, and chefs, servers, card dealers, cooks, entertainers and many others have met requirements.