Case at a glance
- Recovery: Confidential Settlement
- Practice: Jones Act lawyers
- Representation: Brian Beckcom and VB Attorneys.
Two injuries during vessel work
Herman’s claim concerned two incidents in 2016. In his written discovery answers, he described feeling pain in his back while handling lines. He reported the injury and later returned to work.
In November, he was guiding a dock arm alone when he hurt his back again. His lawsuit alleged that he had not been given the assistance and equipment needed to perform the work safely.
The case focused on the conditions under which the work was being done, including staffing, supervision and the demands of the tasks assigned to him.
A return to work did not end the medical problem
After the first injury, Herman received treatment through the company’s medical providers. He was diagnosed with a lumbar strain and went through physical therapy before returning to work.
After the second injury, an MRI showed disc protrusions in his lower back. His medical care involved differing assessments of the severity of those findings and whether he needed surgery.
Herman sought an independent evaluation. Conservative treatment did not resolve his condition, and he ultimately underwent back surgery in September 2017. The operation had been postponed from late August because of Hurricane Harvey.
Brian pursued the maritime claim
Brian represented Herman in the lawsuit against Higman. The claim alleged negligence and unsafe vessel conditions, including inadequate assistance for the work that led to the injuries.
The case also examined Herman’s treatment and return to work after the first injury. The medical evidence mattered to understanding why his symptoms persisted and what care he would need.
Before the injuries, Herman had hoped to advance into the wheelhouse. His back condition ended that plan for a maritime career.
A confidential settlement
The parties resolved the case through a confidential settlement. The agreement provided for Herman’s future medical needs after injuries that had changed his working life.
Herman later described how getting legal help and an independent medical opinion helped him move forward. The resolution followed his treatment, surgery and the work of pursuing his claim.
Questions about the case
Related legal help
Learn about VB Attorneys’ work for injured maritime workers. For a free consultation, call 877-724-7800.
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.