Admirality Lawyer

Norfolk, Newport News, and Roanoke, Virginia

Maritime Accidents

 

Injuries at sea or in maritime work environments are governed by a complex set of overlapping regulations and laws. Determining which law applies if you are hurt requires a knowledgeable and experienced maritime lawyer. The admirality lawyers at the law firm of Kalfus & Nachman have been helping maritime workers injured at sea, on docks and on shore for more than 20 years. 

 

Determining Your Status

 

When you meet with us, we will ask you questions that will help us identify the laws that apply to your specific situation. We will ask you:

 

Your relationship to the vessel - were you injured on the job, while a passenger on a vessel, or as a business invitee.

 

Where your injury occurred - on board ship, at the dock, etc.

The ship’s status - government vessel or privately owned.

 

Where was the ship when you were injured - in brown water on the Eastern Seaboard, in blue water on the Atlantic Ocean, Chesapeake Bay, Gulf of Mexico, or Pacific Ocean, etc. or overseas near Diego Garcia, in the Indian Ocean, Persian Gulf, etc.

The home port of the vessel, where you were hired, where the vessel departed from and where you were scheduled to arrive.

 

• The name and type of your employer - public, private, government.
• The name of the vessel.
• The type of vessel.
• Your position aboard the vessel and the type of work you were performing.
• The particulars of how your accident happened, what equipment or crew members may have been involved, any other vessels that were involved, etc.

 

Determining the Laws that Apply to Your Situation

 

Your answers to the above questions will help us to determine which law will help you obtain full compensation for your injuries. Our maritime attorneys have successfully recovered damages for clients under the following maritime laws:

 

• The Jones Act
• The Longshore and Harbor Workers’ Act
• The Limitation of Liability Act
• The Federal Tort Claims Act
• The general maritime law
• The Public Vessels Act
• The Suits in Admiralty Act
• Death on the High Seas Act
• The Clarification Act (MARAD claims)
• Virginia State Law
• Maryland State Law

 

Maintenance & Cure

 

When a seaman or commercial fisherman gets hurt, he has the right to obtain maintenance and cure from his employer. Maintenance and cure, unlike a claim for damages under the Jones Act, is awarded regardless of fault for the injury. In that regard, it is similar to workers’ compensation. Maintenance is the payment of living expenses. Cure is providing and paying for medical treatment, medical testing, prescriptions, etc. The living expenses that make up maintenance can include rent or mortgage payments, utility bills, groceries and incidentals.  Maintenance and cure continues until the seaman reaches maximum medical improvement.

 

Often, employers are eager to see an injured worker reach maximum medical improvement, eliminating the requirement to pay additional maintenance and cure. It is not uncommon for employers to offer the help of nurse consultants and schedule appointments with company doctors.

 

Our admirality lawyers educate clients about their rights under the maintenance and cure provisions of the general maritime law. We help injured seamen obtain the best possible medical care from the physician of their choice, making sure that the proper tests are conducted and the right diagnosis is made while the employer pays these medical expenses, as it is obligated to do.

 

Jones Act Negligence

 

The Jones Act was enacted in 1915 and amended in 1920 to allow seaman to bring a personal injury claim against their employer if the employer (or any agent, officer or crew member) was at fault in causing or contributing to an accident and injury. The Jones Act covers all crew members working on a ship, rig, barge, crew boat, recreational boat, floating crane, tanker, tug boat, commercial fishing vessel, dredge, ferry or just about any other type of watercraft used, or capable of being used, as a means of transportation on water.

 

Kalfus & Nachman has been representing Jones Act seaman for many years and is able to analyze your particular situation and advise you of your rights. Under the Jones Act and general maritime law, you are entitled to maintenance and cure (medical treatment and payment of living expenses) and unearned wages as well as payment for the injuries suffered, lost wages, loss of earning capacity, pain and suffering, disability, disfigurement and other losses when the employer was negligent.

 

The maritime lawyers at Kalfus & Nachman have successfully represented clients whose injuries were caused by the negligence of their employer including:

 

• Improper operation of the vessel
• Failure to provide and maintain reasonably safe equipment
• Failing to exercise due care in selecting a competent crew
• Failing to prevent physical assaults by crew members
• Negligent hiring of crew members
• Failure to provide proper training
• Dangerous or unsafe work and the dangerous manner of work
• Negligent orders or instructions by supervisors
• Requiring excessive duty
• Operating in heavy weather
• Failure to correct known dangerous conditions and obstructions
• Failure to make inspections of the vessel, equipment and work
• Failure to provide adequate medical treatment
• Failure to give warnings of a known hazard
• Allowing an inexperienced crew member to operate machinery
• Failure to consider a client’s physical limitations in assigning duties
• Failure to require the use of safety gear
• Failure to comply with industry customs and practices

 

Unseaworthiness

 

Under the General Maritime Law, a vessel owner is required to maintain a seaworthy vessel. If any part of the vessel’s equipment or machinery is defective, fails under normal operation or is otherwise not fit for its intended purpose, a crew member injured as a result may bring a claim for damages and compensation. 

 

Each vessel must have properly working and appropriate equipment for each employee. The vessel must also be a safe place to work and live for weeks or months at a time.  It must follow Coast Guard rules and regulations as well as the ISM Code (International Safety Management) and OSHA regulations. If the vessel does not meet these requirements, it can be considered unseaworthy. 

 

The lawyers at Kalfus & Nachman have successfully represented clients whose injuries were caused by unseaworthy conditions including:

 

• The sinking of a vessel
• A weak block and tackle chain
• Physical assault by another crew member
• Leaking hydraulic and fuel lines and pipes
• Mistakes made by improperly trained crew members
• Undermanned crews (not assigning enough men to do the work)
• Incompetent crew
• Defective equipment
• Failure to issue safety equipment
• Malfunction of winches, dredges, cables, hydraulics and other equipment
• Unreasonably slippery and cluttered decks and obstructions on deck
• Unsafe ladders
• Improperly equipped vessels
• Improper packing of stores
• Failure of hatch covers
• Cables that snapped
• Failure of vessel equipment
• Excessive overtime work causing stress and fatigue
• Unsafe methods of work
• Carrying heavy loads

 

Our lawyers have the resources and knowledge to investigate and pursue unseaworthiness claims. We work with experienced and qualified maritime safety experts to identify unseaworthy equipment and conditions, building a strong and detailed claim for our injured clients. If you have been hurt because of an unseaworthy condition on a vessel, we can help. 

 

Fishing Accidents

 

By most accounts, fishing is the most dangerous occupation in the United States. Fishermen know this already, as they witness serious injuries and death occurring far too frequently. At the law firm of Kalfus & Nachman, we help fisherman obtain compensation for injuries and file wrongful death claims for families whose loved ones died at sea. Working as a fisherman is a very demanding job. You need to be able to move quickly and work long hours. There is no light duty work on a commercial fishing vessel.

 

Our attorneys have successfully represented commercial fisherman. We have filed Jones Act and unseaworthiness claims on behalf of clients in all types of fishing industry occupations, including Captains, Mates, Engineers, and Deckhands. Our clients come to us from all types of fishing vessels, including:

 

• Scallop trawlers
• Clam boats
• Menhaden fishing boats (steamers and purse boats)
• Crab boats
• Shrimp boats
• Flounder fishing boats

 

Our clients have suffered injuries from winches, dredges, blocks, fishing nets, lines, and cranes, among other things. Poor maintenance or operation of equipment and a high-pressure environment contribute to a difficult work place. We have been able to recover damages for many fishermen, including payment of medical bills and expenses, lost wages, loss of earning capacity, pain and suffering, disability, and other losses when the employer was negligent and/or the vessel unseaworthy. 

 

Tug & Barge Accidents

 

We are well equipped to deal with tug and barge accidents and complex tug and barge ownership issues. Frequently the tug and barge have different owners. The question of who is the right defendant is a common one after a barge or tug accident. Unless the tug and barge are married, there can be complicated lease and charter agreements. The lawyers at Kalfus & Nachman are prepared to work through these issues. We have the knowledge and resources to pursue a claim against the liable party after an injury to a crew member. 

 

Tugs and barges are dangerous places to work. Workers on a tug or a barge can be seriously injured by the winches, cables, and lines. The tug can trip its tow. The lawyers at Kalfus & Nachman have successfully represented clients who worked on barges and tugs whose injuries were caused by:

 

• Frayed and weak lines that parted
• Tow lines that swept the deck
• Injuries caused by bad weather
• Leaks on deck from engine lubricants and hydraulics
• Collisions with a dock
• Unspooling of winches
• Handling heavy lines
• Leaving the vessel to get onto a dock
• Malfunction of winches

 

We have been able to recover damages for many tug and barge workers, including payment of medical bills and expenses, lost wages, loss of earning capacity, pain and suffering, disability, and other losses when the employer was negligent and/or the vessel unseaworthy. 

 

Dredging

 

Workers on dredging vessels are often unaware that they are usually covered by the Jones Act as well. This includes the dredge as well as the flotilla of support vessels. Even though dredging operations take place in shallow seas or inland waters and the vessels are not traditional, dredge workers are usually covered by the Jones Act. Working on a dredge is just as dangerous as other maritime occupations.

 

Dredge workers attempting to loosen blockages in the dredge pipelines often suffer serious hand and arm crushing injuries. We have been able to recover damages for many dredge workers, including payment of medical bills and expenses, lost wages, loss of earning capacity, pain and suffering, disability, and other losses when the employer was negligent and/or the vessel unseaworthy. We have also successfully represented workers injured aboard crew boats being transported to and from the dredge.

 

Blue Water Seamen

 

Seamen working aboard vessels that travel in international waters, including grain ships, freighters, tankers, etc. are crewed by the traditional blue water seamen. If you are injured aboard a vessel overseas, you need an experienced attorney, such as the attorneys at Kalfus & Nachman, to address the jurisdictional issues and determine the appropriate place to file your claim. 

 

If you are injured aboard a United States government vessel (USNS, USS, CAPE, etc.) special rules apply, including a two-year statute of limitations for filing Suits in Admiralty and Public Vessels Act lawsuits. If you are on a ship operating for the Maritime Administration, there is an even shorter deadline to submit a complicated and mandatory claim before filing suit. The lawyers at the law firm of Kalfus & Nachman are experienced in handling both private company and government ship claims.

 

We have been able to recover damages for many blue water seamen, including payment of medical bills and expenses, lost wages, loss of earning capacity, pain and suffering, disability, and other losses when the employer was negligent and/or the vessel unseaworthy.

 

Third-Party Claims for Longshoreman, Stevedores, and Shipyard Workers

 

Even though you may be employed as a longshoreman or other worker receiving workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act or state Workers’ Compensation Act, you may have a maritime claim as well. If your accident occurred aboard a vessel and it was the result of the negligence of the vessel’s crew or a dangerous condition on the vessel, you may be able to file a third-party maritime claim for the damages you suffered in addition to your workers’ compensation claim. The attorneys at Kalfus & Nachman have handled numerous third-party claims like this. Under maritime law, you may be entitled to payment of lost wages, loss of earning capacity, pain and suffering, disability, and other losses over and above your workers’ compensation benefits.

 

Pleasure Boats and Ferries

 

If you are a passenger aboard a pleasure boat, ferry, fishing charter, tour boat, or any other vessel like this, and you are injured as a result of the improper operation of the boat, a defective condition, defective equipment, improper seating or safety equipment, etc. you can bring a claim against the vessel owner for your injuries and damages, including payment of medical bills and expenses, lost wages, loss of earning capacity, pain and suffering, disability, and other losses. The attorneys at Kalfus & Nachman have successfully handled many cases where our clients were injured on pleasure boats, fishing charters, tour boats, and ferries. 

 

Limitation of Liability Act

 

The Limitation of Liability Act is a potential trap for injured maritime claimants. Vessel owners have a way to limit their liability (the amount of money they can be required to pay out for all claims) in maritime cases. The Limitation of Liability Act can be traced back to an English statute enacted in 1734 before corporate ownership and insurance were available to protect shipowners. It was intended to encourage investment in the shipping industry.

 

Although the reasons for having this law no longer exist, the Limitation of Liability Act remains. It allows a ship owner to file a lawsuit to limit the vessel owner’s liability to the value of the ship plus pending freight at the end of the voyage. If a vessel has sunk or has little value after a catastrophic accident, this means the vessel owner’s responsibility can be limited to little or nothing. The owners of the TITANIC filed for limitation of liability after its sinking. 

 

Limitation of liability actions can be difficult and procedurally challenging, with short time periods to file a claim. Jones Act cases brought in state court can be removed to federal court if the owner timely files a limitation of liability action in response to the Jones Act claim. The lawyers at Kalfus & Nachman are among the few who have fought a limitation of liability action at trial.  If the ship owner has petitioned the court to limit its liability, you must act quickly. The Limitation of Liability Act normally imposes a very quick deadline to file both a response to the vessel owner’s lawsuit and a claim for your damages.

 

The lawyers at Kalfus & Nachman have successfully defeated Limitation of Liability lawsuits by filing the appropriate pleadings and stipulations to allow our clients to proceed with their personal injury lawsuits. In these cases, we have secured compensation for injured clients even when the vessel was at the bottom of the ocean.

 

Defendants

 

The lawyers at Kalfus & Nachman are well equipped and have the resources and knowledge to represent out maritime clients against the biggest companies. The defendants in some of the maritime cases the lawyers at Kalfus & Nachman have handled include:

 

• Allied Towing & Transportation Co.
• Amcan Longliners, Inc.
• American Overseas
• American Ship Management
• American Systems Corporation
• Ampro Fisheries         
• B&B Dredging Corp. 
• Bay Gulf Trading Company
• Bay Ship Management
• Bay Star II, LLC
• Bay Towing Corp.
• Bobbie Lee, Inc.
• Bombardier Motor Corporation
• Cape Henry Launch Service
• Capt. Alec, Inc.
• Central Gulf Lines
• Chesapeake Bay Diving                    
• Cinmar of Gloucester, Inc.
• City of Virginia Beach, VA
• C.J. Langenfelder & Son
• Clara M.W. Inc.
• Cottrell Contracting Corp.
• C&P Tug and Barge Co. 
• CP&O Stevedoring
• Crofton Diving Corporation
• Crowley Marine
• Crystal Dawn Corp.
• Crystal & Katie, Inc.
• Dann Ocean Towing, Inc.
• Dann Marine Towing
• Dredge Operators, Inc.
• Express Marine
• Fernandez Fleet
• General Dynamics Corp.
• Gentle Breeze, Inc.
• Great Lakes Dredge & Dock Co.
• Gulf Dawn, LLC
• Keystone Shipping Co.
• Lady Barbara, Inc.
• Langenfelder Marine, Inc.
• Lykes Bros. Steamship Co.
• Lyon Shipyard, Inc.
• Maersk Line, Limited
• Marine Transport Lines
• Maritime Overseas Corporation
• McAllister Towing & Transportation Company
• McLean Contracting Company
• Miss Michelle, Inc.
• Moran Towing & Transportation Company
• Norfolk Dredging Co.
• Omega Protein, Inc.
• Osprey Ship Management
• Patriot Contract Services
• Peabody Corp.
• Penn Maritime Corporation
• Petroleum Transport Corp.
• Piney Point Transportation Co.
• Pronav Ship Management, Inc.
• Rudee Vessels
• Seaboard Barge Corp.
• Seaward Marine Services, Inc.
• Spirit Cruises, Inc.
• S&S Marine
• Tangier & Chesapeake Cruises, Inc.
• Towa Steamship, S.A.
• Transatlantic Lines, LLC
• Trawler Crystal & Rebecca, Inc.
• Trawler Miss Vertie Mae, Inc.
• T&S Trawlers, Inc.
• United States of America
• U.S. Ship Management, Inc.
• Vane Brothers
• Virginia International Terminals
• V.J. O’Neal
• Waterman Steamship Corp.
• Weeks Marine, Inc.
• Wells Scallop Co.
• Wright Dredging Co., Inc.
• Zapata Haynie Corporation
• And many more.

 

If you have been injured in a maritime accident in Norfolk, Hampton, Newport News, Portsmouth, Roanoke, or Virginia Beach, Virginia, please contact our admirality lawyers at Kalfus & Nachman today to schedule your confidential consultation.