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December 2011

REPORT YOUR INJURY PROMPTLY!

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Preserve your Rights to Maintenance and Cure

Reporting your injury as soon as possible and feasible is important. Shipowners have traditionally utilized the absence of a report or the delay in reporting an injury to deny maintenance and cure. Recently the law has changed favoring the seaman but the following list of tips should prove helpful.

  1. Report your injury to your superior, preferably a department head/ship's officer, as soon as practical. This is especially important if your accident was unwitnessed.
  2. DON'T rely simply on a verbal report of your injury. Always insist on the completion of a written report.
  3. If asked to make a verbal or written statement to a ship's officer aboard ship as to how the accident occurred, don't admit any fault of your own.
  4. Insist on seeing the medical officer so that a medical log entry is made to document your injury and any treatment.
  5. If your injury is serious enough to warrant medical attention insist on obtaining a Seaman's Request for Medical Attention form and get to a doctor as soon as the vessel arrives in port.
  6. If a shoreside physician determines that your injury would incapacitate you for more than 3 days you will likely be repatriated to your port of shipment.
  7. If there are witnesses to your accident or injury get their names and any contact information for later use.

Question from the bridge:

Dear Mr. Cavin,

My husband contacted me from sea and is having problems with his shoulder and not sure what caused it and what to do about it. Anything I can relay to him?

Deborah, San Pedro, CA

Yes! Often times seamen are not certain as to why they are having symptoms while aboard ship. It is important that your husband reports his problems and relates that they are caused or aggravated by his regular duties. If he can recall a specific event or trauma, so much the better. Before leaving the vessel he should insist on receiving a Request for Medical Attention. This will insure that he will be eligible for maintenance and cure even if his service time is up with this.

About Our Law Firm

For more than four decades, merchant marines, longshoremen, fishermen and harbor workers plying their trades on our U.S. coastal waters and inland waterways have turned to the maritime law firm of Lyle C. Cavin, Jr. & Associates in Oakland. Today, we are proud to be recognized as one of the preeminent maritime law firms serving injured marine workers nationwide, as well as

one of the most successful personal injury litigation firms serving victims of negligence in the San Francisco Bay Area and throughout the West Coast.

Team Approach to Every Personal Injury and Jones Act Claim

When you retain Lyle C. Cavin Jr. & Associates with a Jones Act injury claim or personal injury claim, you don't get just one attorney, you get our entire team of dedicated professionals. Our attorneys offer more than 150 combined years of courtroom and negotiated claims settlement experience. We will represent your interests with unwavering dedication, speed and expertise.

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Admiralty/Maritime Law Practice
  • Firm Overview Admiralty/Maritime Law
Recent Verdicts & Settlements
  • Maritime Personal Injury - Livestock tender back injury
    Result - Settled for $250,000.
  • Jones Act/Maritime Personal Injury - Back/Hip Injury.
    Result – Settled for $2,000,000.
  • Jones Act/Maritime Personal Injury - Knee injury.
    Result – Settled for $2,000,000.
  • Jones Act/Maritime Personal Injury – Respiratory injury.
    Result – Settled for $825,000.
  • Wrongful Death - Bicycle accident.
    Pedestrian hit and killed by speeding bicyclist.
    Result - Settled for $2,105,000.
  • Jones Act/Maritime Personal Injury - Seaman fell from ladder on tug boat.
    Result - Judge awarded plaintiff $832,236
  • Personal Injury - Sexual assault of a developmentally disabled minor by school bus driver.
    Result – Settled for $645,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $4,250,000
  • Fishing boat accident – Fisherman suffered traumatic head injury after being hit by a metal float.
    Result – Settled for $5,000,000
  • Jones Act/Maritime Personal Injury – Fall from ladder aboard ship.
    Result – Settled for $1,400,000
  • Jones Act/Maritime Personal Injury – Crewmember committed suicide.
    Result – Settled for $820,000
  • Jones Act/Maritime Personal Injury – Seaman injured while moving between tug boats.
    Result – Settled for $800,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $3,500,000
  • Jones Act/Maritime Personal Injury – Repetitive stress injury.
    Result – Settled for $1,525,000
  • Jones Act/Maritime Personal Injury.
    Result – Settled for $1,075,000
  • Jones Act/Maritime Personal Injury – Slip and fall on the deck of a tanker.
    Result – Settled for $2,300,000
  • Jones Act/Maritime Personal Injury – Seaman fell from top of crane cab.
    Result – Jury awarded $3,170,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $1,925,000
  • Jones Act/Maritime Personal Injury – Benzene exposure.
    Result – Settled for $670,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $1,500,000
Newsletters
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Personal Injury Law practice
  • Firm Overview Personal Injury
Companies We've Successfully Litigated Against
  • Alaska Steamship Co.
  • American Export Lines
  • American Hawaii Cruises
  • American Hawaiian Steamship Co.
  • American Mail Lines
  • American Navigation
  • American President Lines
  • American Seafoods Co.,
  • American Ship Management, LLC
  • American Steamship Co.
  • AMNAV
  • Apex Maine Corp.
  • Atlantic Richfield Co.
  • Atlas Steam
  • BAE Systems
  • Bangor Trading Company
  • Bann Ocean Towing
  • Blue & Gold Fleet
  • Boston Ocean Carriers
  • Brinkerhoff Marine
  • Brown & Root
  • Carnival Cruise Lines
  • Celebrity Cruises, Inc.,
  • Central Gulf Lines
  • Chevron Oil Co.
  • Chevron Shipping, Chevron U.S.A.,
  • China Ocean Shipping Co. Dba COSCO
  • Commodore Cruises
  • CONOCO Phillips
  • Cove Companies Cove Shipping, Inc.
  • Crest Tankers, Inc.
  • Crowley Maritime Corporation
  • CS Marine
  • Cunard Steamship Co., Ltd.
  • Diamond M, Diamond M. Offshore, Inc.
  • Dutra Construction Co
  • Esso Shipping Co.
  • Evergreen
  • EXXON Shipping Co.
  • Farrell Lines, Inc
  • Faust
  • Fishing Company Of Alaska
  • Foss Maritime Co.
  • Golden Gate Bridge, Highway & Transportation District
  • Golden Gate Ferry
  • Grace Lines
  • Great Lakes Dredge & Dock Co ILL
  • Great Lakes Dredge & Dock Co. CA
  • Harbor Bay Ferry
  • Harbor Marine
  • Harbor Tug & Barge
  • Hellenic Lines
  • Holland America Line Holland America N.V,
  • Horizon Lines
  • Horizon Tug & Barge
  • Interocean Management
  • International Marine Carriers NY
  • Isthmian Lines, Isthmian S.S. Co.
  • Keystone Shipping Co.
  • Kloster Cruise Ltd
  • Liberty Maritime
  • Luckenbach S. S. Co.
  • Luckenbach Overseas Corp., 400 U.S. 494, 1971 AMC 277 (1971).
  • Lykes Bros. Steamship Co Lykes Bros. S.S. Co.
  • Maersk Lines
  • MARAD
  • Marine Transport Lines
  • Maritime Overseas Corporation R. G. Naggiar MOC,
  • Matson Navigation Co.
  • Moore-Mccormack Lines, Inc.,
  • Murphy Pacific Tug
  • Nicholas Bachko Co. Inc.
  • Norquest Seafoods
  • North American Trailing Co
  • Norwegian American Line
  • Norwegian Cruise Line NCL
  • Ocean Shipholdings, Inc
  • Ocean Ships, Inc.
  • Omi Bulk Management Co.
  • Oscar Neimath Towing
  • Pacific Far East Lines Inc.
  • Pacific Gulf Marine
  • Pacific Long Lines
  • Patriot Contract Services
  • PM&O Lines
  • Polar Tankers
  • Royal Cruise Line
  • Princess Cruises, Inc., Princess Cruise Lines, Ltd.
  • PRONAV
  • Prudential Lines
  • Puglia
  • Red & White
  • Red & White Fleet
  • Reynolds Metals Marine Division
  • SF Bar Pilots Ass'n
  • Sargent Marine
  • Sause Bros
  • Sea-Land Service, Inc.
  • Seariver Maritime, Inc.
  • Signature Seafoods, Inc.
  • Standard Oil Of California
  • Star Cruises
  • Star Shipping (USWC), Inc.
  • States Line
  • States Marine Corp.
  • Texaco, Inc.,
  • TOSCO
  • Tidewater, Inc.,
  • Tide Water Sand & Gravel
  • Transport Mutual Services, Inc.
  • Trinidad Corporation
  • Triple Star, Inc
  • Tudor -Saliba
  • U.S. Coast Guard
  • U.S. Dept. Of Justice, Torts Branch
  • United States Lines U.S. Lines, Inc.
  • Union Oil Co.
  • Victory Carriers
  • Vulcan Carriers
  • Waterman Steamship Corp.
  • Watters Marine Inc.
  • Westar Marine Services
  • World Explorer Cruises
  • Zim Container Line