WE ARE READY TO FIGHT FOR YOU!

Amazing firm with a great legal team! I know one of the case managers personally and Nisa will make sure you have a great experience!

ELIZABETH W. HOUSTON, TX
Rating
COO0

Jonathan Harris and his team are the best! They are extremely professional, hardworking and got incredible results... Highly recommend!

ELLEN N. PASADENA, TX
Rating
November 30th, 2011

Worker Loses Maintenance and Cure Claim Due to Cocaine Use

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 after he passed out and fell on the vessel. The man filed a Jones Act claim for negligence, unseaworthiness and maintenance and cure. Omega denied liability, claiming that the worker’s injuries were caused as a result of his own negligence. The court dismissed the Jones Act and unseaworthiness claims.

As for the maintenance and cure claim, the court found that following the accident, the worker had tested positive for cocaine. These cocaine levels were about 288 ng/l indicating that the worker had used cocaine between 24 and 48 hours before the accident. The levels were almost twice as high as those normally required to confirm cocaine use. The man denied a cocaine habit, and denied ever taking the drug before the accident. However, the court had enough evidence to show otherwise.

The court found that the worker had taken cocaine before the fall, and that was enough reason for the court to believe that his accident had been a result of the cocaine use. His claim for maintenance and cure was denied.

The maritime attorneys at Schechter, Shaffer & Harris, L.L.P., Accident & Injury Lawyers help injured maritime workers recover maintenance and cure payments after an injury.

Related Articles

SMS Legal

SMS Legal N/a
https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3464.226578052752!2d-95.3784021!3d29.742155099999994!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x8640bf6e9bf17b71%3A0xde627d8ef64f95e7!2sSchechter%2C%20Shaffer%20%26%20Harris%2C%20LLP%20-%20Accident%20%26%20Injury%20Attorneys!5e0!3m2!1sen!2sin!4v1661408171860!5m2!1sen!2sin
https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3466.976086065016!2d-95.1871226!3d29.6624683!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x864099608b803d7b%3A0x3ffbff7fa344b2a8!2sSchechter%2C%20Shaffer%20%26%20Harris%2C%20LLP%20--%20Accident%20%26%20Injury%20Lawyers!5e0!3m2!1sen!2sin!4v1661408320152!5m2!1sen!2sin
https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3463.247065658955!2d-95.7738377!3d29.7704967!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x0%3A0x7b0dc0986b0955d!2sSchechter%2C%20Shaffer%20%26%20Harris%2C%20L.L.P.!5e0!3m2!1sen!2sin!4v1661408448170!5m2!1sen!2sin
https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3455.3830880186756!2d-95.2464742!3d29.9971546!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x8640b3384cda1cbd%3A0x4d9a388e99dc62d5!2sSchechter%2C%20Shaffer%20%26%20Harris%2C%20LLP%20-%20Accident%20%26%20Injury%20Attorneys!5e0!3m2!1sen!2sin!4v1661408657013!5m2!1sen!2sin
https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3479.1060532342935!2d-94.7901564!3d29.308564599999997!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x863f9e6aa918821b%3A0xd50fd86afc8b8995!2s1908%20The%20Strand%2C%20Galveston%2C%20TX%2077550%2C%20USA!5e0!3m2!1sen!2sco!4v1673987083381!5m2!1sen!2sco
Address
3200 Travis
St #300
Houston, TX 77006
Map & Directions
Phone
(713) 364-0723
Address
3222 Burke
Rd Ste 211
Pasadena, TX 77504
Map & Directions
Phone
(832) 345-1327
Address
23227 Red River Dr
#2a
Katy, TX 77494
Map & Directions
Phone
(346) 500-6160
Address
1931 Humble Place Dr Ste
201
Humble, TX 77338
Map & Directions
Phone
(281) 801-4654
Address
1908 Strand
Suite 2
Galveston, TX 77550
Map & Directions
Phone
409-407-5195