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>>> IF YOU OR SOMEONE YOU KNOW
HAS BEEN HURT ON THE JOB, THERE
MAY BE OTHER OPTIONS BEYOND
WORKERS COMPENSATION AVAILABLE
TO YOU.
>> ONE OF THOSE OPTIONS IS THE
JONES ACT CLAIM FOR PEOPLE WHO
WORK ON THE RIVER.
ATTORNEY CARL TRUMAN VISITS US
WITH EVERY WEDNESDAY.
GOOD TO SEE YOU.
>> GOOD MORNING.
>> TELL US ABOUT THE JONES ACT.
>> THE JONES ACT SINCE WE'RE ON
THE OHIO RIVER, ONE OF THE
TYPES OF CASES I SEE
A LOT OF
IS MARITIME WORKERS.
PEOPLE WHO WORK ON BARGES, WORK
ON LOADING BARGES OR BUILDING
BOATS AND BARGES TYPE THING.
SO TODAY I KIND OF WANTED TO
TALK ABOUT AN ACTUAL CASE THAT
I HANDLED RATHER THAN JUST
TALKING ABOUT GENERALITIES,
THAT THERE ARE REAL PEOPLE WHO
REALLY GET HURT AND KILLED.
SO THIS IS A CASE THAT I WANTED
TO TALK ABOUT WHERE MY CLIENT
WAS REPRESENTING A WIDOW WHOSE
HUSBAND WAS ACTUALLY CRUSHED BY
A CRANE THAT BROKE.
WHAT HAPPENED HERE IS THAT HE
WO
RKED FOR A COMPANY WHO WAS
BUILDING DOCKS ON THE RIVER AND
HIS EMPLOYER BASICALLY TOOK A
CRANE TRUCK, PUT IT ON A SMALL
BARGE, REALLY CHANGED THE
PHYSICS AND DYNAMICS OF IT AND
ACTUALLY THE BARGE WAS EVEN
TAKING ON WATER, WAS LEAKING.
SO WITHOUT ACTUALLY KNOWING
WHAT HE WAS DOING AND CREATING
THIS BARGE CRANE AND KIND OF
PUTTING THIS TRUCK ON HERE,
REALLY CREATED A HAZARDOUS
SITUATION.
WHAT HAPPENED WAS THEY
WERE
USING THIS CRANE TO LIFT THESE
DOCKS AND THESE PIECES FROM THE
DOCK AND IT ACTUALLY BROKE
RIGHT THERE ON THE TOP IS THE
CRANE, THE TOP OF THE CRANE
THAT ACTUALLY BROKE OFF OF THE
CRANE AND CRUSHED AND KILLED
THIS GENTLEMAN.
SO I WAS REPRESENTING HIS WIFE,
THE WIDOW, AND MAKING A CLAIM.
SINCE HE WORKED ON THE RIVER,
IF THIS WERE ON LAND, STATE
WORKERS COMPENSATION, THE ONLY
RECOMMEND DAY WOULD BE ST
ATE
WORKERS EXEN LAW --
COMPENSATION LAW WHICH YOU
CANNOT SUE YOUR EMPLOYER.
THE EMPLOYER WOULD BE IMMUNE.
HIS WIFE WOULD ONLY GET A
MINIMAL WORKERS COMP RECOVERY.
SINCE IT WAS ON THE RIVER, WHAT
WE WERE ABLE TO DO IS PURSUE A
CLAIM UNDER WHAT'S CALLED THE
FEDERAL JONES ACT WHICH
PROTECTS MARITIME WORKERS AND
UNDER THE LONG SHORE ACT WHERE
HE'S -- HE WAS A HARBOR WORKER
BASICALLY.
SO WE COULD HOLD HIS EMPLOYER
AS THE OWNER OF THE VESSEL TO A
HIGHER STANDARD AND GREATER
ACCOUNTABILITY THAN IF IT WERE
JUST ON LAND.
>> SO THIS HAD TRAGIC
CONSEQUENCES IN THAT THIS
GENTLEMAN WAS KILLED.
IF HE HAD BEEN HURT BADLY BUT
MAYBE NOT LOST HIS LIFE, WOULD
YOU HAVE STILLEN ABLE TO USE
THE JONES ACT?
>> YES, WE STILL -- WE WOULD
USE THE SAME LEGAL PRINCIPLES,
THE SAME LEGAL BASIS TO HOLD
THE COMPANY RESPONSIBLE FOR IT
BUT, YOU KNOW, IT'S JUST A
MATTER OF IT HAD MORE TRAGIC
CONSEQUENCES.
RATHER THAN -- I TALKED A LOT
ABOUT GENERAL LEGAL PRINCIPLES
BUT I WANTED TO BE ABLE TO SHOW
AN ACTUAL
CASE WHERE SOMEONE
REALLY SUFFERED CONSEQUENCES
FROM SOMEBODY ELSE'S
NEGLIGENCE.
>> MAKES PERFECT SENSE.
OF COURSE, IF YOU THINK SOMEONE
IN YOUR FAMILY, SOMEONE YOU
LOVE HAS BEEN HURT AT WORK,
YOUR ADVICE IS CHECK WITH AN
ATTORNEY AND MAKE SURE THEY'RE
GETTING WHAT THEY'RE ENTITLED
TO.
>> WHETHER IT'S WORK OR ANY
TYPE OF SITUATION.
IN THIS CASE IT'S REALLY
IMPORTANT THAT I GET INVOLVED
QUICKLY BECAUSE IF THEY HAD
WAITED, YOU KNOW, YEARS, EITHER
THE DEADLINE COULD RUN,
EVIDENCE CAN BE GONE.
ALL OF THIS PROPERTY AND THE
CRANE IS LONG GONE AND I REALLY
CAN'T DO AN INVESTIGATION.
SO SOME
PEOPLE MAY BE CRITICAL
ABOUT WELL, WHY DO YOU HIRE A
LAWYER QUICKLY.
THE SOONER I CAN GET IN THE
CASE, THE BETTER JOB I CAN DO.
>> THANKS.
THANKS FOR SHARING THAT
SPECIFIC CASE WITH US, TOO.
IF YOU'D LIKE TO GET IN TOUCH
WITH CARL, YOU CAN REACH HIM BY
PHONE OR ONLINE AT
TRUMANLAW.COM.
WE'RE COMING RIGHT BACK.