| IT'S A RACE YOU DON'T WANT TO LOSE | | | | Longshore and Harbor Workers Compensation |
| Oftentimes in vessel accidents it is a "race to the | | | | Act; then you may qualify as a Sieracki Seaman if |
| evidence". Meaning, insurance company | | | | you performed traditional seaman's activities. You |
| investigators are probably working right now to | | | | may still sue you employer under unseaworthiness |
| get the witnesses to your accident to say things | | | | and general maritime law negligence. |
| that are favorable to the company. These | | | | These Sieracki cases are some of the most |
| insurance investigators are pros at asking leading | | | | missed Seaman cases in law. Too often, clients |
| questions with double meanings that will be used | | | | sign up with a California workers compensation |
| against you later in court. The quicker your lawyer | | | | lawyer. This is a huge mistake. State of California |
| contacts the witnesses, the better these | | | | workers compensation benefits are extremely |
| insurance company tricks can be nipped in the | | | | unfair to injured workers. You need a maritime |
| bud. | | | | lawyer - - not a California workers compensation |
| SEAMAN STATUS AND "SIERACKI SEAMAN" | | | | attorney. Don't make this mistake. |
| Many lawyers and lawyer web-sites will tell you | | | | DON'T GET LULLED - YOU STILL HAVE TO |
| that you need to work on a vessel(s) for 30% of | | | | PROVE YOUR CASE |
| your total work time in order to qualify for | | | | Some folks say proving Jones Act Negligence is |
| "Seaman Status." While this is generally true for | | | | as easy as falling out of a boat and hitting water. |
| "Jones Act Seaman" - - this is not the case with | | | | Our suggestion is to not be so casual about the |
| "Sieracki Seaman." | | | | cause of action. Your lawyer should be prepared |
| Traditionally "Sieracki Seaman" were | | | | to prove your case as any land-based negligence |
| Longshoreman injured aboard vessels. However, | | | | case. Remember, at the end of the day your |
| the 1972 Amendments to the Longshore and | | | | lawyer needs to motivate a jury. One motivation |
| Harbor Workers Compensation Act (LHWCA) | | | | is showing your employer "did something wrong." |
| excluded Longshoreman from being found | | | | Meaning, the ability to show fault by your |
| "Sieracki Seaman." California, Alaska and few | | | | employer caused your injuries. |
| other State Courts expressly approve of Sieracki | | | | Make sure your lawyer is going to "run out the |
| claims. We have successfully brought "Sieracki | | | | ground balls." Meaning, interview every witness |
| Seaman" cases in California Superior Court. | | | | and run out every lead until it either leads no |
| If you work aboard a vessel and don't qualify for | | | | where or leads to the evidence that will win your |
| Jones Act Seaman Status and don't fall under the | | | | case. |