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May 2015

MAKE SURE YOU REPORT ALL INJURIES!

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Last month, we talked about fully reporting your injuries after a shipboard accident. This month, we want to stress that this admonishment also applies to the shoreside doctors that you see when you first get off the ship. It is imperative to give them a complete history of any injuries you think you may have sustained in the accident. This also applies when you seek shoreside medical attention while still assigned to the vessel!

QUESTION FROM THE BRIDGE

I injured my knee in addition to my back in a shipboard accident. I reported the accident and said I hurt my knee. I didn't mention my back at the time. Now, my knee is better but my back still hurts and I can't go back to work. They keep refusing to pay for treatment for my back. At first they paid maintenance for my knee but have now stopped since my doctor says my knee is fine. What can I do?
Calvin, Houston, TX

Answer:
Calvin,
Hopefully, you mentioned that you also had back pain to the first doctor that saw you shoreside. If not, it will be harder to show that it is related to your accident aboard ship. Depending on the nature of your accident it may be easier to show, especially if the injury is logically connected. While it is true that shipowners are now liable for punitive damages for a willful failure to pay maintenance and cure, it could take years for the issue to resolve. Therefore it is better to report ALL potential injuries, even if you think the pain is minor in comparison to pain somewhere else.

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For more than four decades, merchant mariners, longshoremen, fishermen and harbor workers plying their trades at sea, 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.

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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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Companies We've Successfully Litigated Against
  • Alaska Steamship Co.
  • American Export Lines
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  • Carnival Cruise Lines
  • Celebrity Cruises, Inc.,
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  • 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
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  • Great Lakes Dredge & Dock Co. CA
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  • Horizon Lines
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  • 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
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  • 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
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  • Omi Bulk Management Co.
  • Oscar Neimath Towing
  • Pacific Far East Lines Inc.
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  • Seariver Maritime, Inc.
  • Signature Seafoods, Inc.
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  • Star Cruises
  • Star Shipping (USWC), Inc.
  • States Line
  • States Marine Corp.
  • Texaco, Inc.,
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  • Transport Mutual Services, Inc.
  • Trinidad Corporation
  • Triple Star, Inc
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  • Union Oil Co.
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  • Westar Marine Services
  • World Explorer Cruises
  • Zim Container Line