Gordon, Elias & Seely, LLP - Offshore Injury Lawyers

Maritime injuries and accidents can occur in a myriad of situations. Depending upon the location of injury and the nature of the situation, e.g., whether it was a commercial accident or a non-commercial situation, governs whether you need a maritime lawyer or just a regular personal injury lawyer. Clearly, injuries on a jet ski, or a party pontoon boat can be very injurious, but they do not require a maritime lawyer specialized in the legal principals of General Maritime Law and the Jones Act.

Maritime attorney, Steve Gordon, announces the launch of an online petition drive to help save jobs of U.S. mariners.

On Thursday, June 25th, the United States Supreme Court decided a case styled Atlantic Sounding Co., Inc. et al. v Edgar L. Townsend 2009 WL 1789469 (U.S. June 25, 2009). This case marked the Supreme Court’s decision to protect a seaman’s right to receive damages for an employers’ willful and wanton disregard of a maintenance and cure obligation.

The Jones Act is a Federal Law. That is, it is substantively the same in all fifty (50) states including D.C., Guam and all other United States Territories. However, the "Savings to Suitors" clause in the United States Constitution gives the absolute right to a seaman to file a suit in a state court regardless of diversity among the parties to the lawsuit. The practical effects of a state court filing are procedural rather than substantive.

This article summarizes the current law in the Maritime Admiralty Jones Act field pertaining to whether a seaman can be denied medical cure if he/she was not forthcoming in their job application or pre-employment physical with their prior injuries and/or illnesses and they get injured on the job.

Though the Jones Act is designed to be in favor of the injured maritime offshore or inland waterway worker, the companies continually do everything possible to stop the injured worker from getting money and, even worse, needed medical care. The employee that is injured does not understand his rights regarding maintenance, cure, negligence, unseaworthiness or the Jones Act. A competent lawyer is essential and Gordon & Elias knows exactly what to do.