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June 2012

A DROP OF OIL CAN END A CAREER

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To a seaman, the dangers of oil on the deck should be obvious. To limit the crew's exposure to that danger many spaces aboard vessels have containment areas to prevent leaking oil from flowing out on to decks and walkways. However, it's not always the large obvious leak that creates the hazard.

Machinery requiring oil is not isolated to the engine room or to below deck. Winches, compressors, pumps, and other machinery out on deck all require oil and often times these machines are located in an area where, if they were to leak, there is no containment area. Making matters worse, there is frequently no regularly followed maintenance program for these machines, thus they are at an increased risk of leakage. Additionally, there is often confusion as to which department (Deck or Engine) is responsible for the maintenance of these various machines.

Many times only a few drops of oil can cause a career ending injury and these rarely checked machines are too often the culprit. Remember, if you see ANY oil on the outside of ANY machine, it may produce a hazard on a walking surface. Report all leaks immediately and insist that the potential hazard be documented.

Question from the bridge:

Dear Mr. Cavin,

Back in March I suffered an injury while working on a tanker. I fell on deck because there was no non-skid material and the deck was slippery. I need surgery and my doctor told me I would be out at least eight months. What am I going to do for income for this long?

Dave H. - Portland, OR

Dave,
If you are a Jones Act seaman your employer is required to pay "maintenance and cure". The maintenance will help you pay your bills. The obligation for your Jones Act employer to pay maintenance is mandatory and all you need demonstrate is that your injury or illness arose during your service aboard the vessel or was the result of your service on the vessel. It is a no fault system.

Additionally, you will likely be eligible for state disability benefits and in cases of longer disability, you may be entitled to Social Security benefits. It is important to apply for state disability benefits as soon as possible as there can be a delay in receipt of those benefits. Despite any delay, you will be paid retroactively to the date of injury in most all cases. Your treating physician must complete portions of these forms as well to document your disability.

About Our Law Firm

For more than four decades, merchant mariners, longshoremen, fishermen and harbor workers plying their trades, on the docks, 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
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Personal Injury Law practice
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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