Jones Act and Maritime Law

FELA Statute of Limitations

2010-03-10T13:12:00.002-06:00

The FELA statute of limitations is said to have begun whenever a worker knew or should have known that the injury existed and that workplace exposure was a cause. This is where the company's human resource records will be scrutinized. If someone is filing a suit under the FELA act, then the first thing that has to be determined is what the date of the injury was or when the injury occurred. If an injured worker knew that the injury was occurring but did not seek treatment, this does not extend the statute of limitations. - What is the Statute of Limitations in a FELA Case? Three Year Time Limit to Recover Damages

If you need to speak to a FELA lawyer, visit http://www.smslegal.com

Jones Act - Hazardous Weather and Maritime Workers

2009-12-14T15:18:00.001-06:00

For maritime workers, hazardous weather means that their already dangerous jobs are even more risky, and that their increased mortality rates are even higher than usual. For fisherman especially this can be a near deadly situation. Many fishing boats will continue to drop their nets and trawl, even during vicious storms, all in the hopes of landing a good catch. For the fishermen aboard the boat, this means also hoping that they are able to stay aboard and unharmed.

Visit http://www.smslegal.com for additional information on the Jones Act and Maritime Law

Proposed changes to Jones Act already impacting seafarers

2009-09-03T13:43:00.002-05:00

The impact of proposed changes to the Jones Act and the use of foreign flagged vessels in the US offshore sector is already being felt by seafarers according to international shipping recruitment agency Faststream, with companies rushing to replace their non-US crews.

more at offshore shipping

If you have been hurt on the job, call a Nashville injury lawyer at Griffith & Roberts.

Sale of Ships Breaking the Jones Act?

2009-08-28T12:46:00.002-05:00

BAN alleges the sale of the ships could break the Jones Act, regarding US-flagged ships, and the Toxic Substances Control Act (TSCA) which forbids the export or the "distribution in commerce" polychlorinated biphenyls (PCBs). BAN says there are high concentrations of PCBs on the ships.

The group says it sent a series of letters to the EPA and MARAD warning them of the “imminent and likely violations of US laws and called specifically upon the EPA to at least require the ships to be tested for PCBs prior to export”. “But,” BAN says, “to the great surprise of the environmental watchdog organization, that had worked with the EPA in numerous instances in the past, the Obama administration refused to act.”

more at maritime global net

Vessels retrofitted abroad eligible under Jones Act

2009-08-26T12:18:00.000-05:00

A JONES Act tanker retrofitted in a Chinese shipyard to a double-hull configuration does not lose its eligibility to continue trading under the Jones Act, a US appellate court verdict has determined.

http://lloydslist.com/ll/news/vessels-retrofitted-abroad-eligible-under-jones-act/1251118336941.htm

Proposed Changes to The Jones Act

2009-08-21T12:47:00.001-05:00

Just recently, the CBP has proposed new changes to the interpretations of the Jones Act. The planned modifications in the law include granting permission to foreign flagged ships to perform activities such as pipeline connector installations. The main reason for this change, according to CBP, is that pipeline connectors are not really incidental to pipe laying. In connection with this, the CBP also announced that it is limiting its interpretation of vessel equipment to exclude goods and machinery that are not important or needed to operate, navigate, or maintain the vessel or ship itself. It is worth noting that vessel equipment is actually exempted from this particular law or act.

Proposed Changes to the Jones Act

The Uniqueness of the Litigation Process in Cruise Ship Injuries

2009-08-19T15:00:00.004-05:00

Taking a vacation by way of a cruise is such a great opportunity and adventure for anyone. However, much as you try to prevent accidents and other such unexpected incidents, what can you do when you suffered from injuries and other damages while on a cruise ship?
For those who may not know it yet, the applicable laws imposed on operators of the cruise ship have a considerable difference for most other personal injury provisions for other cases.
Even if you are not a victim, it is quite important that you understand the different rules involved in the litigation processes of cruise ship personal injuries.
On the other hand, if you or a loved one of yours is victim of an accident while on a cruise ship, being able to know and discern the different rules is essential. You also have to confer with a professional litigation lawyer with extensive experience in Maritime and Admiralty Laws. He / she will be the qualified one to determine the best strategies to take in order to obtain just compensation.
Here are the important and unique factors you have to know and figure out:
Contracts of Adhesion - this is among the most important factor that affects the passengers' personal injury claims against the cruise ship companies. These contracts are non-negotiable and are established by the time a passenger purchased a cruise ship ticket.
The following are but several of the most significant points in these agreements:
* Choice of law - cruise lines are operating out of several "ports of call" located in many different areas around the globe. To avoid divergence, most of them have contract stipulations that indicate which laws of a country that covers their lines can be used when resolving conflicts that may arise.
The forum selection stipulation is different from this. This concerns the laws, which the court will use to decide on your case and not the actual location where your case can be heard.
* Forum selection - this is a provision stipulating a possible solution to the cases involving two locations or more in which the cruise ship injury case could be submitted for trial. This is actually a lawful principle wherein two parties concur on the basis of a contract, to resolve whatever grievances in specific venues or locations.
* Shortened SOL or statutes of limitations - SOL concerning maritime incidents is usually three years. Conversely, cruise lines already have contractual stipulation indicated in their tickets shortening the SOL into just a year.
If you find that the cruise line you were in have shortened the SOL for the filing of cases, then make sure that you quickly seek expert legal advice.
A contractual agreement gives light to each of the factors given. Normally, they are already described on the cruise tickets. Each of these stipulations can have significant effects on the possibility of your receiving a just settlement.
Still, there is also a probability that your litigation lawyer work within the stipulations of the contract. Several instances may arise wherein these contract provisions could be ruled as invalid. You only need to find an injury litigation lawyer with capability and experience of these cruise ship cases.

About the Author
Carla C. Ballatan a.k.a Lala C. Ballatan and Kay Zetkin is a writer for Mesriani Law Group, a Professional Law Corporation with an impressive roster of Lawyers and paralegal advocates serving clients based in Los Angeles and the other parts of California. Through her articles, she aims to give further information about Personal Injury, Employment Law, Social Security Disability and Business Law.

FELA and Railroad Worker Injury Claims

2009-08-18T22:25:00.004-05:00

Finding a qualified FELA law firm can seem a daunting prospect. The last thing you want to do is engage the services of the stereotypical 'ambulance chaser' that will care nothing about you and your struggles and only looks to get as much money out of you as possible. What you need is a FELA lawyer that is well versed in the law and genuinely interested in securing the best possible settlement for you. Although the Union has a list of approved counsel, it is not always necessary, or even desirable to use a FELA attorney (railroad) from this list. Many factors can complicate this choice such as accessibility of the law offices, difficulty of your case, and need for an independent opinion.

More information at ezinearticles on labor law including FELA claims and Jones Act

Seaman rights and responsibility

2009-08-17T16:39:00.002-05:00

US Maritime Law used to be vague when it came to defining the term seaman. At first, a person can only be considered as a seaman if he passes two requirements, namely establishing a connection to a water vessel in navigation and a role in that vessel which can be considered as an aid to navigation. In the past, if you are a painter of the sea vessel or watercraft, you will not be considered as a seaman. This means that you will not really be able to secure protection from maritime laws. Fortunately, throughout the years, the Supreme Court of the United States has started to use the term to encompass all ship workers.

see full article - Maritime Law & Seaman Rights

The Jones Act Claims Process and Selecting a Jones Act Attorney

2009-08-11T10:10:00.002-05:00

Jones Act- An overview of how the claims process works from reporting your claim to selecting a Jones Act attorney.

Jones Act- An Overview and "How To" of the Claim's Process - These bloopers are hilarious

Questions for a Maritime Lawyer? Most will provide a free consultation

2009-08-07T09:40:00.002-05:00

Visit this website for any questions regarding Jones Act or if you need a free consultation with a maritime attorney.

Maritime Attorneys and Free Case Evaluations

2009-08-05T08:57:00.002-05:00

Maritime Attorneys - At Schechter, McElwee, Shaffer & Harris, L.L.P. we have over 100 years of combined experience in Maritime/Jones Act cases. Our maritime attorneys will give you and your case the attention it deserves.

Maritime Admiralty Law

2009-08-04T22:31:00.000-05:00