You do not Have to Wait for Your Employer to Settle Your Maritime or Jones Act Workers Claims. If You Have Been Working at Sea, SMSH Will Protect You.

Hurt on the Transocean Rig Disaster?

Working on and around boats and rigs, you know the dangers that come along with your job. You took the job willingly and understand that it comes with inherent risks. However, it is the responsibility of your employer to minimize these risks.

The recent explosion on the Transocean Deepwater Horizon on April 22, 2010 demonstrates what can happen if the proper precautions have not been taken.   Before you hire an attorney, do your homework.  The attorneys at Schechter, McElwee, Shaffer & Harris, L.L.P. have years of experience in Maritime cases and will fight to protect your rights.

The list of injuries seamen and other maritime workers sustain is long. However, the following make up the most serious injuries sustained while working at sea:

 

• Crushed finger, arm, leg or foot
• Deep cut or laceration
• Broken finger, hand, arm, leg, foot or back
• Drowning or near drowning
• Torn muscles or ligaments
• Traumatic brain injury
• Injured back and/or neck, including herniated discs and strains

 

These injuries can end the career of a sailor, seaman, or any other maritime worker. Due to the physical demands of working at sea, severe injuries to the hands, arms, legs or back can be catastrophic. Unable to work, you and your family may struggle to get by. If you have been injured, you do not have to wait for your insurance company to settle your claim or for your employer to give you the compensation you deserve. You need a team of professionals to fight for your rights. At Schechter, McElwee, Shaffer & Harris, L.L.P. we have over 100 years of combined experience in Maritime/Jones Act cases.

 

We Fight to Protect Your Rights

At SMSH we work to protect every person injured while working at sea. We specialize in Jones Act/Seaman’s Injuries and are ready to help you if you have been hurt. The following is a list of the diverse groups of people we represent:

• Seamen
• Rig and Platform Workers
• Barge Workers and Crews
• Jack-up Rig Workers and Crews
• Supply Boat Workers and Crews
• Tankers, Freighter & Other Ocean Going Crews
• Offshore Platform Workers
  

Maritime/Jones Act Workers Claims

Maritime/Jones Act Worker claims, Longshoreman 3rd Party Claims and Seaman’s Wage Claims are complicated and often difficult cases to prove. In addition, you only have a small window of time to act on a claim. If you miss this window your case will hold little to no value, leaving you without the help you need. At SMSH, we act swiftly to bring you the relief you need.

Responsible for Your Safety

Your employer is responsible for ensuring that your workplace is as free from hazards as possible. The following is a list of events and oversights that often lead to unnecessary injuries:

• Falling overboard
• Slippery decks
• Unseaworthy vessels/boats
• Unsecured loads
• Collisions
• Lifting, pulling, or falling injuries
• Injuries sustained while boarding or leaving a vessel or rig

Many of the injuries and deaths resulting from the above could have been prevented: if only proper procedure was taken, if only the equipment was well maintained, if only your supervisor was doing his job. These if only’s can cost you your career. It is not fair to let your employer put your life at risk. If you or someone you know has been injured at sea, please contact the legal team of Schechter, McElwee, Shaffer & Harris, L.L.P.

Throughout the Gulf of Mexico, the coastal regions of Texas, Louisiana, Georgia, Mississippi, Alabama, and Florida, and on inland waters, on-the-job injuries and deaths occur too often. Offshore workers routinely suffer injuries caused by dangerous conditions.

The Jones Act protects crew members of a vessel in the event they are injured. This law applies to inland river workers and offshore crew members who work on jack-ups, semi-submersibles, barges, drill ships, tugs and towboats, crew boats, dredges, floating cranes, tankers, cargo ships, fishing vessels, chemical ships, research vessels, construction barges, diving vessels, cruise ships, recreational boats, and other floating or movable vessels.  Whether you are a seaman, an officer, a harbor pilot, an oil worker, a technician, a helicopter pilot, work on a tugboat, casino boat, barge, ship, supply boat, semi-submersible drilling rig, jack-up drilling rig or if you become injured on or near the water, you should talk to a maritime law attorney before making a claim or as soon as possible thereafter.

Our attorneys represent injured workers and their families in serious injury and wrongful death claims governed by the Jones Act and related laws.  If a member of your family has been seriously injured or killed as a result of a maritime accident or offshore injury, it is extremely important that you get legal advice before you contact the employer or its insurance company.  Representing injured seamen, sailors, and offshore workers has always been at the heart of our law practice.  Since the inception of SMSH, our attorneys have repeatedly obtained positive results for seamen with Jones Act and general maritime law claims.

Our maritime attorneys have won hundreds of cases covered by the Jones Act, Death on the High Seas Act (DOHSA), and Longshore and Harbor Workers' Compensation Act (LHWCA).

If you think you may have a maritime law claim, please call us at 1-800-282-2122. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law.  No matter where you live, SMSH can help you get the help you need.

Gambling With Your Future

With your health and financial future on the line are you comfortable with just any lawyer? How do you know if the attorney you hire has what it takes to win your case? Our record speaks for itself. The attorneys at SMSH have won hundreds of maritime cases. We have the serious experience you need to help you win your serious injury case.

Though Schechter, McElwee, Shaffer & Harris, L.L.P. is based in Texas we handle personal injury cases throughout the United States and all over the world and have done so for over 45 years. We handle cases in: Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, New York, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, California, Oregon, Washington, Alaska, Hawaii, Alabama, Mississippi, and Louisiana.

 

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Blog for Maritime and Jones Act Workers Claims

• More Safety, Not Overtime | Texas Maritime Lawyers Discuss Workplace Safety

  Description: Texas workplace accidents cause Texas workers and our Houston work accident lawyers to want safety to be the primary concern for our workplaces. A new study was released which showed safety in the workplace continues to be the biggest priority for American workers.

• NTSB Takes on the Coast Guard: Need to Avoid Distracted Driving Extends to Coast Guard Crewmembers

  Description: Distracted Driving also known as Distracted Boating killed an 8 year-old boy in California last year. The NTSB is taking on Coast Guard policies about using wireless devices by crewmembers while a vessel is in navigation.

• BP Bottom Kill Process Delayed | Texas Oil Spill Claims Lawyers

  Description: Texas Maritime Lawyers watch as Admiral Allen delays bottom kill procedure, final phase of BP Gulf Coast Oil Spill after Deepwater Horizon offshore oil rig explosion April 20. Bottom kill should resume this coming week and take four days to complete.

• Churches, Nonprofits File BP Oil Spill Claims

  Description: As maritime lawyers, we would encourage individuals and businesses or any organizations that have suffered financial losses because of the oil spill, to file a claim even if they're not sure if their claim will be successful. At this point, there are a lot of gray areas about BP oil spill-related claims, and there's no way to tell for sure what kinds of claims will be successful, but we would encourage you to file a claim if you have suffered financial losses because of the spill.

• How to File Your Deepwater Horizon Gulf of Mexico Oil Spill Claim

  Description: Texas Maritime Lawyers tell you how to file your Deepwater Horizon Gulf Coast oil spill claims with BP for industries such as shrimping, fishing, or coastal hospitality. Please read if you have suffered damage to your personal or commercial property along the Gulf Coast or are dealing with business interruption, loss of income or other oil spill issues.

• Three People Survive Helicopter Crash in Gulf Of Mexico

  Description: At least three persons who were on a helicopter that plunged into the Gulf of Mexico this week, are believed to be safe. The three persons were on a transport helicopter that crashed into the Gulf of Mexico, about 40 miles off Port O'Connor. The helicopter was operated by PHI, a Louisiana-based company that provides transport services to the oil and gas industry.

• Federal Agencies Look at Stepping up Cruise Ship Security against Terrorist Threats

  Description: Maritime Security: Varied Actions Taken to Enhance Cruise Ship Security, but Some Concerns Remain report recommended existing screening processes for cruise ship passengers be enhanced. The Customs and Border Protection agreed and will consider security benefits from an automated PNR system. The study will also look at the cost of the system.

• Transocean Files Limitation of Liability in Houston, Texas Federal Court

  Description: Transocean filed for Limitation of Liability today in Houston, Texas in US District Court for the Southern District of Texas, Houston Division. Matthew Shaffer represents three clients who were injured in the Transocean Deepwater Horizon explosion on April 20.

• Deepwater Horizon Oil Rig Explosion: Blowout Preventer Confirmed as Cause

  Description: Investigators have determined that the blowout preventor used in the BP oil rig Deepwater Horizon that exploded in the Gulf of Mexico last month had a leak which caused the accident. BP may have known about problems with the blowout preventor and the oil rig before the explosion.

• Staten Island Ferry Crashes Again Andrew J. Barberi | Ferry Crash Lawyers

  Description: The Staten Island ferry boat Andrew J. Barberi crashed into the St. George Terminal Pier at the Staten Island Ferry terminal Saturday morning, leaving at least 60 people injured. Fire official estimated 38 injured but 17 of those have been hospitalized. Two of the injured were police officers assigned to work on the ferry docks.

• Safety Award for BP? You've Got to Be Kidding!

  Description: British Petroleum was to receive an award for its pollution control methods at an Interior Department- sponsored event yesterday. The agency, however postponed the event, with no confirmed date for when it will be held again. Fishing communities along coastlines are waiting with dread for the Transocean explosion-related spill to reach their shores. Fishing activities have been prohibited in the areas affected by the oil spill. In a situation like this, it would have been absurd to go ahead with the event, where one of the winners of the evening would have been BP with its "exemplary" safety record.

• BP Tries to Contain Massive Oil Spill After Oil Rig Explosion in Gulf of Mexico

  Description: BP "pollution containment chamber" to be tried this week to contain oil spill after oil rig explosion in Gulf of Mexico. BP hopes to reduce the underwater gusher by more than 80 percent and provide the first successful effort to control the spill that began April 20 with an explosion and fire on an offshore rig.

• Coast Guard Issues Safety Alert on Watertight Doors after Fatal Houston Boat Accident

  Description: In the wake of a recent push boat maritime accident in Houston, in which one crew member was killed, the Coast Guard has issued an alert, urging crew members and vessel owners to ensure that watertight doors are kept closed.

• What is a Blowout Preventer and Did it Cause the Transocean Explosion?

  Description: The MODU (mobile offshore drilling unit) Deepwater Horizon, owned by Transocean, exploded last Tuesday. Many experts are now saying that the explosion or series of explosions and ultimate sinking of the vessel was caused by a faulty, damaged, or defective blowout preventer. A blowout preventer (BOP) is a large valve at the top of an oil drilling well that may be closed by the drilling crew. By closing this valve (usually operated remotely via hydraulic actuators), the crew can avoid overpressure from fluids entering the wellbore and threatening the rig. By closing the BOP, the drilling crew usually regains control of the reservoir, preventing explosive pressure release, and procedures can then be initiated to increase the mud density until it is possible to open the BOP and retain pressure control. "Mud" is a term familiar to those of us who work consistently in offshore settings or on vessels. Mud refers to the drilling fluid used in drilling operations. The invention and use of BOPs were instrumental in the end of oil gushers, which were dangerous and costly.

• Several Investigations Expected into Transocean Oil Rig Explosion

  Description: Transocean explosion lawyers realize that since Coast Guard has officially called off its search efforts for the 11 offshore workers who went missing after the Transocean rig exploded off the Louisiana coast, investigations will begin in earnest into what is being described as the deadliest offshore disaster in decades.

• Two Persons Injured in Barge Explosion in Louisiana

  Description: According to the Coast Guard, a tank barge exploded on the Mississippi River this week, leaving two people with injuries. The explosion occurred on Saturday afternoon. Workers were loading benzene onto the barge at the LBC Tank terminal in Louisiana when it exploded. There is no information about the kind of injuries the workers suffered.

• Transocean Explosion Survivors Could Face Risks from Post Traumatic Stress Disorder (PTSD)

  Description: More than 100 offshore workers, who were working on the Transocean oil rig during the explosion last week in the Gulf of Mexico, were able to make it to rescue lifeboats in time to avoid serious injury or death. These workers did not have to be airlifted, and were the lucky ones who managed to escape the raging inferno in time. However, that doesn't mean that these workers have been left unscathed in this tragedy. The maritime lawyers at our firm have recently signed on a roustabout who was working on the Transocean rig at the time of the explosion. He suffers from Post traumatic stress disorder, and we are concerned that other workers like him who were not physically injured in the explosion could be at risk from PTSD, and not know it.

• Sunken Transocean Deepwater Horizon Oil Drilling Rig and the Future of Oil Exploration

  Description: If the sunken Deepwater Horizon oil drilling rig spews millions of gallons of crude oil into the Gulf of Mexico, this environmental devastation, combined with the loss of life in the Transocean oil rig explosion, will negatively affect the drilling industry in several ways. The wind and water current might drive leaking oil out to sea and this would make an already tragic situation even more catastrophic. The situation would not only cause suffering for oil workers and their families, but also threaten the environment, thus hurting us all.

• Search for Missing Transocean Oil Rig Workers Suspended

  Description: On Friday, Coast Guard officials suspended the three-day search for 11 workers missing since an explosion rocked the Deepwater Horizon. It is believed that the men never made it off the platform. The 11 missing workers came from Texas, Louisiana and Mississippi. Neither the Coast Guard nor their employers have released their names. Steven Newman, CEO of Transocean Ltd., which owns the rig, said Friday night that 8 of the 9 missing Transocean workers were part of the crew that operated the platform's drills. The other 2 workers were employees of a BP contractor. The other 115 crew members made it off the platform; several were hurt but only two remained hospitalized Friday. The most seriously injured worker was expected to be released within about 10 days.

• Transocean Rig Explosion Survivors Gave Statements Before Seeing Family

  Description: Transocean Horizon Deepwater Oil Rig Explosion survivors able to make it ashore sequestered with company lawyers and a stenographer. These survivors of one of the largest oil rig explosions in history had to first give statements to company lawyers before they were able to see their families.

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Library for Maritime and Jones Act Workers Claims:

• Cruise Vessel Security and Safety Act
  Description: The Cruise Vessel Security and Safety Act was signed into law in July of 2010 by President Obama to improve the safety and security of American citizens sailing as passengers to and from the United States on cruise vessels.
• Limitation of Liability
  Description: Limitation of liability statutes in maritime law allow a vessel owner to set limits on the extent of his liability after a maritime accident.
• Shuman Consulting and the Transocean Explosion
  Description: Shuman Consulting hired by Transocean in connection with the Deepwater Horizon offshore drilling rig explosion as Third Party Administrator and/or Risk Manager to work on Loss Adjustment. Shuman's entire purpose is to assess corporate loss and exposure and limit it. Their goal will be to limit the amount of money that is paid out to maritime workers injured in the Transocean explosion and family members of those crewmembers who were lost at sea.
• Alabama Jones Act Lawyer
  Description: Alabama Jones Act lawyers and maritime attorneys represent injured people involved in serious injuries and wrongful death claims governed by the Jones Act or other laws. Call the maritime attorneys at SMSH if you have been injured and need consultation regarding your legal rights. 1-800-949-6671
• Louisiana Jones Act Lawyers
  Description: Louisiana Jones Act lawyers - Call SMSH at 1-800-282-2122. We represent injured maritime workers protected by the Jones Act in Louisiana and across the country - 713.524.3500 - 3200 Travis Street
  3rd Floor, Houston, TX 77006
• Exposure Injuries
  Description: Cold exposure occurs when a person is submerged in water, and can lead not just to drowning, but to several cold exposure-related emergencies, including hypothermia and frostbite.
• Maritime Law
  Description: Maritime law or admiralty law refers to a body of laws that relate to compensation for injured workers, non-maritime workers, seamen and other parties in maritime accidents.
• Ordinary Seaman
  Description: An Ordinary Seaman typically performs cleaning and maintenance activities on a vessel. He made be in charge of garbage collection and disposal, and maintenance of the vessel's interior. He may also be given sundry assorted jobs on the ship, like securing cargo, hauling cargo, and assisting able-bodied seamen and other crew members in their tasks. He may even have a place on the bridge watching team, and this may be one of his most important duties because after a period of time, he may be promoted to the position of an able-bodied seaman. Bridge watch keeping is one of the most important responsibilities of an able-bodied seaman.
• Deckhands
  Description: Almost every vessel will have deckhands as part of the crew. The duties and responsibilities of a deckhand may depend on whether he's working on a freighter, fishing vessel, a cruise line or other kind of vessel. Common to a deckhand's duties in any kind of vessel is constant work outside on the deck in all kinds of weather, and hard physical work.
• Crewmember
  Description: A crew member may be any worker who is part of a team working on a vessel, towards a common function. The term crewmember can be used to mean persons who are involved in the pursuit of a single goal on a vessel. Broadly, a crewmember could be anyone contributing to the common goal on a vessel.
• Able-Bodied Seaman
  Description: An able-bodied seaman may enter the service of a vessel as an ordinary seaman. As an able-bodied seaman, he may work more than eight-hour shifts a day, performing a variety of jobs. He may also perform many of the same jobs that an ordinary seaman does. The nature of an able-bodied seaman's duties is vast, and this increases the kind of risks that he is exposed to a daily basis. Work with machinery on the deck can quickly lead to accidents and injuries. Constant work maintaining decks, cleaning equipment and repairing gear can take its toll on a worker's health. Repetitive stress injuries are common among such maritime workers....
• Oil Rig Driller
  Description: SMSH has represented oil rig drillers for over 45 years in cases for maritime injuries. A driller on an oil rig has a number of duties. He is responsible for supervising and directing crew operations. He works under the drilling rig manager, and reports directly to him. He is also responsible for maintaining the drilling equipment. The risk for injuries to a driller can come from the constant exposure to the elements, the operating of complex equipment, and the strenuous nature of the job.
• Roustabout
  Description: SMSH maritime lawyers represent roustabouts who have been injured on the job, and help them get back on the road to medical and financial recovery. A roustabout position is an entry-level job on an oil rig. Basically, a roustabout performs manual jobs on the rig. The job is incredibly hectic, and will require you to be on your feet and at work, seven days a week. The single biggest requirement for the job of a roustabout on an oil rig is the capacity and the willingness to perform heavy, strenuous labor, continuously and constantly.
• Jones Act Settlements
  Description: A typical Jones Act settlement may include maintenance and cure payments, medical bills, lost wages, pain and suffering damages and other damages calculated by your maritime attorney. At Schechter McElwee Shaffer and Harris, we take on every case and prepare for it like we're going to trial. We know there is an overwhelming chance that your case may end at the settlement stage. However, we want our clients and their employers to know that we are ready to go to trial if the need arises. Employers know perfectly well which maritime lawyers prefer to settle quietly, and which ones are not afraid to take them to court. Guess which lawyers are better equipped to handle employers.
• Jones Act Lawsuits
  Description: Jones Act lawsuits offer legal remedies for seamen who are eligible under the Jones Act, to obtain compensation for their losses. In order to be eligible to file a Jones Act lawsuit, an injured seaman must be able to prove that he meets the definition of a seaman as laid down by the Jones Act. These lawsuits can be filed not only by injured workers, but also by the survivors of seamen killed on duty.
• Jones Act Claims
  Description: Only maritime workers, who meet the definition of a Jones Act seaman, are eligible to file Jones Act claims. Jones Act claims are filed against the worker's employer, or in case of unseaworthiness of the vessel, against the owner of the vessel. Jones Act claims differ from Workers' Compensation claims in one very vital aspect. Claims under the Jones Act require that your maritime lawyer show that your employer was negligent and this caused an injury, or failed to take precautions that would have prevented an injury. Workers' Compensation claims, on the other hand, do not require you to prove any kind of negligence on the part of the employer.
• Maximum Medical Improvement (MMI)
  Description: Maximum Medical Improvement (MMI) refers to a state beyond which an injured Jones Act seaman cannot be expected to recover physically.
  The concept of Maximum Medical Improvement is extremely important in the context of an injured Jones Act seaman. A seaman has the right to receive maintenance and cure payments from his employer during his injury. These payments must begin as soon as the injury occurs, and must continue until the seaman reaches a state of Maximum Medical Improvement, or a stage beyond which physicians do not expect him to recover.
• Jones Act Seaman
  Description: A seaman may be any person who is employed at sea. However, for the purposes of the Jones Act, there are more criteria that must be met for a person to be determined as a seaman. For a seaman to qualify under the Jones Act, he must fulfill 3 essential criteria to qualify for status, and all the rights and privileges it includes.
• Jones Act Vessel
  Description: Determining questions of vessel status under the Jones Act can be as complicated as determining the status of a seaman. Broadly, the definition of a Jones Act vessel includes traditional vessels like tankers, freighters, cruise ships, barges and others that have been used on our oceans and rivers for centuries. However, the maritime industry has expanded greatly since 1920 when the Jones Act was passed.
• Our combined over 100 years of experience as litigating maritime lawyers has shown us that most maritime employers or offshore companies will place their injured workers under surveillance while they are off of work and under medical treatment

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Frequent Questions for Maritime and Jones Act Workers Claims:

• What are the types of injuries a maritime lawyer sees in offshore vessel fires or explosions?
• If I don't live in Texas, why should I hire a lawyer in Texas?
• Do I need to file my lawsuit quickly?
• How can I meet with the lawyers of Schechter, McElwee, Shaffer & Harris, L.L.P. in person about my case?
• Should I discuss settling my claim with my employer or their claims adjuster?
• How much is my claim worth?
• Should I try to return to work after I am hurt?
• What do I do if I get hurt?

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Videos about Maritime and Jones Act Workers Claims:

• Transocean Safety Precautions Discussed by Maritime Attorney Matthew Shaffer
• Pirate Hostage Escapee Still Coping

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Web Resources for Maritime and Jones Act Workers Claims:

• Boating Safety

  Description: Boating Safety tips

• Oil Spill Liability Trust Fund

  Description:

  In August 1990, when President George H. W. Bush signed the Oil Pollution Act (OPA) into law and authorized use of the Oil Spill Liability Trust Fund (OSLTF). The Fund was created in 1986, but Congress did not pass legislation to authorize the use of the money or the collection of revenue necessary for its maintenance. It was only after the Exxon Valdez grounding that authorization was granted. The OSLTF is administered by the National Pollution Funds Center.

• Maritime Glossary

  Description:

  The Maritime Glossary is a valuable resource for anyone with an interest in international trade and the maritime world.

  
  

  This application for your Blackberry defines over 9,000 nautical terms and abbreviations.

• Which Ship for Which Cargo?

  Description:

  A ship is a ship is a ship... or is it? There are dozens of different ship types, all specially customised to the type of cargo needing transportation. A cargo of crude oil, with its heavy, toxic and free flowing properties, will need totally different carriage conditions to a car, for example. Frozen food needs refrigerated carriage and is transported by a completely different ship to wine, just as live animals have very diverse needs to cut flowers.

  
  

  This section will describe the different ships used throughout the business and the wide and varied cargoes that they can carry.

• Tips for Injured Seamen

  Description:

  Information for members of a crew of a vessel in navigation who are injured while working offshore.

• Maternity Rights for Women Seafarers

  Description:

  Maternity rights for women seafarers can differ widely. This link provides a brief guide based upon the flag of the vessel on which they serve.

• US Coast Guard Marine Information Exchange - Search for Vessel Information

  Description: The Port State Information eXchange (PSIX) system contains vessel specific information derived from the United States Coast Guard's Marine Information Safety and Law Enforcement System (MISLE). The information contained in PSIX represents a weekly snapshot of Freedom of Information Act (FOIA) data on U.S. flag vessels, foreign vessels operating in U.S. waters, and Coast Guard contacts with those vessels.

• American Institute of Marine Underwriters - Member Listing
• Admiralty Law - An Overview

  Description: Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.

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