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Can I File A Claim Under Maritime Law?
by Dennis M. McElwee on October 25, 2011
Whether you work as a seaman, dockworker or offshore laborer, if you’ve been injured during the course of your marine industry job then you likely have rights under maritime law. Depending on your occupation, your injury claim is subject to different requirements and compensation rules. Qualified maritime lawyers can help you determine which la...
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Your Jones Act Claim Clock is Ticking
by Matthew D. Shaffer on April 17, 2012
Maritime accidents are a special type of case. A person’s right to a maritime claim for an injury that occurred at sea can vary by the status of the person, whether the injured person is a passenger or a crewmember of the vessel on which the injury occurred.The legal issues involving accidents covered by maritime law can be totally different fro...
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Seaman Sues After Falling On Vessel’s Wooden Flooring
by Matthew D. Shaffer on February 06, 2013
A seaman his filed suit in a New Orleans federal court, claiming he sustained disabling injuries from a fall after slipping on a vessel’s wooden floor. The Jones Act lawsuit accuses Big R Towing Inc. of negligence for failing to maintain the vessel and her appurtenances in a safe and reasonable state of repair. The lawsuit also claims the defe...
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Worker Loses Maintenance and Cure Claim Due to Cocaine Use
by Matthew D. Shaffer on November 30, 2011
In rare cases, a maritime worker may have his rights to maintenance and cure denied because of undesirable behavior like alcohol or drug use. In a classic example of such a case, a worker who filed a lawsuit against Omega Protein Inc. has had his claim rejected. The man was a worker on board the company's fishing vessel, and sustained injuries ...
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Structural Defects Not to Blame for Jurong Shipyard Maritime Accident
by Matthew D. Shaffer on April 04, 2013
Noble Corporation is continuing investigations into an accident at the Jurong Shipyard that injured more than 80 workers in December. The company now says that it has conducted an inspection of the Noble Regina Allen jack up which tilted on December 3, injuring several workers. The inspection has not revealed any damage to the legs, jacking syst...
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Tugboat Crew Member Injured in Accident
by Dennis M. McElwee on May 29, 2012
A crewman on a tugboat on the Intracoastal Waterway had to be airlifted after he suffered an injury on the tugboat. The Coast Guard conducted a medical evaluation of the injured crewmen. The accident occurred about five miles off Rockport. The crewmember suffered undisclosed injuries, and required medical assistance. The Coast Guard launched re...
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What to Expect at Your Jones Act Attorney Consultation
by Matthew D. Shaffer on August 21, 2012
The Jones Act is a maritime law that essentially serves as a worker's compensation statute for the high seas. The rules of a Jones Act claim are not exactly like worker's compensation, but can also provide additional benefits based on the conditions surrounding any particular injury claim.Any possible litigant should prepare for the initial cons...
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Seven People Killed in Tugboat Explosion
by Matthew D. Shaffer on June 14, 2012
Seven crew members have been reported dead in a tugboat explosion tragedy off the coast of Qatar. The accident occurred one week ago, when an offshore LNG buoy terminal exploded. The crewmembers were conducting maintenance work on the buoy at the time of the explosion. According to some sources, only one of the crew members on the tugboat esca...
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Ship Pilot Killed in Maritime Fall Accident
by Matthew D. Shaffer on May 08, 2012
According to the International Maritime Pilots Association, a ship pilot was killed recently during a fall accident on a vessel. The 58-year-old pilot was on a vessel that was sailing on the River Elbe. At the time of the accident, the pilot was attempting to board the boat. He had been standing on a ladder, when he slipped and fell into the wat...
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Seamen File $11.5M Lawsuit, Claim Brain And Lung Injuries
by Matthew D. Shaffer on August 28, 2012
Three seamen have filed an $11.5 million lawsuit against their employer, Dredge Operators Inc., claiming they suffered brain and lung injuries after being exposed to epoxy and acid. The lawsuit was filed Aug. 3 in federal court in New Orleans. The men said they suffered brain injuries and permanent disabling injuries to their lungs and other bo...
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Welder Injured While Doing Pipeline Work On Offshore Platform
by Dennis M. McElwee on June 20, 2012
While assisting in running pipeline on a platform off the coast of Mexico in 2010, a 40-year-old welder was injured when his hand was caught in a snatch pulley. The man suffered partial severing to 8 fingers and an injury to his right shoulder. The incident occurred when the worker was securing a cable that ran through a 36-inch pipeline. Witho...
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Jurisdiction and Liability at Sea
by Matthew D. Shaffer on July 10, 2012
The questions of liability for workers injured in a maritime environment and the jurisdictions of the courts that may properly hear such maritime claims is complicated by issues such as state versus federal jurisdiction and liability for injuries that arise in areas where state versus national versus international territorial waterways may not b...
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BP Exec Defends Gulf Oil Spill Report
by Dennis M. McElwee on March 04, 2013
A British Petroleum executive is defending a report on the 2010 Deepwater Horizon explosion in federal court in New Orleans today. Mark Bly was in charge of the company’s investigation into the explosion that killed 11 people and sent millions of gallons of oil spilling into the Gulf of Mexico. It’s the fourth day of testimony. The civil trial ...
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Environmental Groups Sue EPA Over Chemicals Used In Oil Spill Cleanup
by Matthew D. Shaffer on August 14, 2012
A coalition of environmental groups from five states filed a lawsuit Monday in federal court claiming the Environmental Protection Agency rules on chemical dispersants used in oil spill cleanups do not adhere to clean water standards. The lawsuit says the EPA has not published regulations on acceptable use of such dispersants in response to oil...
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How Do You Know When You Have a Maritime Claim?
by Dennis M. McElwee on May 15, 2012
A person may have a maritime law claim if they have been injured while working aboard a ship, but there are many other factors that must be considered.The ship’s nation of origin, where the ship was, and who owns the ship or who employs the worker are all things to be taken into consideration when deciding whether a maritime lawsuit is a viable ...
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Offshore Supply Vessel Crewmember Injured in Maritime Accident
by Dennis M. McElwee on June 11, 2012
A crewmember on an offshore supply vessel that ran aground at the Galveston North Jetty last week, sustained injuries, and had to be taken to the hospital. The accident occurred at the Galveston Jetties over the weekend when the offshore supply vessel, the Ashton T ran aground. The 94-foot vessel was carrying about 1,600 gallons of diesel fuel a...
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Trial Against BP, Transocean In Deepwater Horizon Disaster Set To Begin Today
by Matthew D. Shaffer on February 25, 2013
The trial over the 2010 Deepwater Horizon explosion and oil spill is set to begin this morning in New Orleans before a federal judge, with no jury. Attempts to reach a settlement over the weekend failed, but legal experts expect that one will be reached, at least with the U.S. Department of Justice, within the next few months. Eleven men were ...
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Coast Guard Defines Rules for Employment of Foreign Workers on US Vessels
by Matthew D. Shaffer on May 30, 2012
The United States Coast Guard has released a Marine Safety Information Bulletin to provide guidance regarding the employment of non-American citizens on board US-flagged vessels. According to the guidance, vessel operators must be aware of the citizenship waiver limitations for vessels returning to the US after operating from a foreign port. Ac...
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Actions to Take After Sustaining a Maritime Injury
by Matthew D. Shaffer on June 26, 2012
If you have sustained a maritime injury, knowing where to turn can be quite difficult. This is especially true for individuals who are not familiar with maritime injuries, as trying to learn more about this type of injury and how it might affect you can be easier said than done.The most important thing after suffering an injury is to have a stro...
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Who Is Eligible for Maintenance and Cure Payments?
by Dennis M. McElwee on October 18, 2011
Every Jones Act seaman is eligible for maintenance and cure payments after an injury. These payments do not depend on whether the employer or the worker was responsible for the injury. Maintenance payments are meant to cover the seaman's living expenses during the injury. These payments should cover rent, groceries, utility expenses, travel co...
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Do I Need A Jones Act Lawyer?
by Matthew D. Shaffer on January 25, 2012
If you have been injured in the course of work on a vessel, you may be wondering whether you need to consult a Jones Act lawyer. The answer, in most cases, is yes. The Jones Act is a federal law that provides a different system for workers compensation for those designated as “seamen.” The complexities of this maritime law are such that, even i...


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