Jones Act Maritime Lawyer : Houston Jones Act & Maritime Injury Lawyer & Attorney : Arnold & Itkin Law Firm : Offshore Injury, Maritime Law : Texas, Louisiana, Alabama, Mississippi, Florida

The Houston ship channel was closed for a couple of days over the Christmas season as a precautionary measure to prevent the possibility of maritime accidents after fog reduced visibility to a minimum at the mouth of Galveston Bay. The Port was closed at 10 am on the 25^th of December.

Heavy fog can impair visibility making it difficult for pilots who are required to guide deep water vessels through a waterway. In case of lowered visibility due to fog, maritime safety regulations call for a crew to wait out the fog before setting out in the deep waters. In case of a fog situation where the port remains open, the ship's pilot, master or the company that owns and operates the vessel may make decisions about whether to proceed under these adverse conditions. 

Maritime accidents can easily occur when a vessel is caught in extremely poor visibility. In March of this year, the Costa Busan set off from the Port of Oakland in foggy weather, and sideswiped the Bay Bridge. The result was a spill of thousands of gallons of oil into the Bay. Later, it was found that the ship had sailed on even when crew of other ships had decided to wait out the heavy fog before proceeding. Fortunately, the Costa Busan accident did not cause serious injuries to crew members although it wreaked havoc on the delicate ecosystem of the Bay waters.

Jones Act Rights Protect Seamen from Injuries Caused by Another Employee

The Jones Act provides several rights for seamen who may be injured in the course of duty because of negligence of their employer or another worker. Benefits under the Act can include reimbursement of lost wages, as well as medical expenses. Many seamen know that they have rights to sue their employer for his negligence, but fewer may be aware that under the Act, a Jones Act seaman has the right to sue his employer if the actions of other members of the crew were responsible for his injuries. A decision to proceed with navigation in the midst of a heavy visibility-reducing fog, if it ends in an accident and injuries, amounts to professional negligence on the part of the pilot, master or whoever was responsible for the decision. 

Litigation in a maritime accident involving negligence by another employee requires expertise in Jones Act Rights, including those that protect against negligence of fellow workers. If you've been injured in a maritime accident, you need the skills of a maritime lawyer who has expertise and experience in these matters.

Contact a Jones Act maritime lawyer at Arnold & Itkin LLP for a free evaluation of your case. We can answer your questions, and help you understand your options.

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A DeWitt County electrician has filed a personal injury lawsuit against a Houston maritime company for injuries that he suffered on the company's vessel during the performance of his duties.  The lawsuit was filed in the Galveston County District Court against the employer, Diamond Offshore Services Company.

There are no details yet on the kind of injuries sustained, and the nature of the tasks the electrician Richard Dean Dewitt was performing when he suffered them. However, the lawsuit does claim that the injuries took place while Dewitt was engaged in work aboard the Ocean Clipper, a vessel owned by Diamond Offshore Services Company, and that the vessel was unseaworthy. As a result, Dewitt suffered injuries to his back and other parts of his body. The lawsuit claims damages for "severe pain, physical impairment, mental anguish, and distress." Dewitt, who was not able to work after the injuries, also incurred huge medical bills that he says the company was not willing to cover. He has requested a jury trial for his case.

Maritime Worker's Rights

Companies engaged in maritime activities with offshore refineries, oil rigs, cruise ships, fishing vessels, and other commercial activities performed on navigable waters, are required to maintain a seaworthy vessel at all times. Maritime workers must be provided safe work conditions in what can otherwise be a dangerous and unacceptably hazardous environment.

Under the Jones Act, if a company fails to provide such precautions, and a maritime worker is injured as a result, the company can be held liable for expenses and damages arising out of such accidents. Damages can include lost wages, as well as loss of future wages if the worker will be unable to work in the future. The company can also be liable for damages for mental anguish and suffering, as well as any physical disfigurement arising from the injuries. Besides Jones Act rights, workers may also be eligible for benefits under general maritime law. Maritime workers may not be fully aware of the scope and extent of statutes that exist to protect them, with the result being that they may settle for far less compensation than is due them.

Filing Maritime Injury Claims

Claiming damages for injuries while you’re engaged in work aboard a vessel requires a thorough understanding of Jones Act rights, and general maritime law statutes, and the ability to apply them to be sure you receive the full compensation to which you are entitled. The maritime lawyers at Arnold & Itkin LLP have helped hundreds of workers receive the compensation they deserve.

Contact an experienced maritime lawyer at Arnold & Itkin LLP for a FREE evaluation of your case.

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A fishing boat carrying three crew members had to be rescued about 10 miles off the coast of Galveston, Texas after a fire broke out on board, the Houston Chronicle reports.   Fortunately, no maritime injuries were reported as a result of the accident.

The Coast Guard was alerted to the accident when the Houston-Galveston Center received an emergency aid call from another boat about a fire that had broken out aboard the shrimp boat, Master Ryan. A rescue helicopter, a motor life boat and a Coast Guard Cutter were dispatched to the scene of the fire. The helicopter delivered a life raft to the three crew members who then climbed aboard the raft. They were then picked up by another vessel and taken ashore. All crew members were reported to be in good physical condition. The blaze was put out a few hours later. There is no information yet on the cause of the fire.

It's extremely fortunate that the three crew members were able to get the emergency assistance they needed before the accident involved injuries aboard the boat. Any fire aboard a vessel is a serious and dangerous situation. There could have been severe burn injuries as a result of the fire breaking out. For this reason, strict safety precautions must be observed aboard all maritime vessels to mitigate the risk of fire, and all shipboard personnel must be properly trained in fire safety policies and procedures.  Only time and a thorough investigation will tell whether a lack of safety policies, procedures, or training may have contributed to the fire aboard the Master Ryan. 

Fishing Boats and Maritime Law

A fishing boat may be classified as a Jones Act vessel, and as such, workers who are injured in an accident aboard the vessel may qualify for compensation under the Jones Act. The Jones Act defines a seaman as an employee who is working on a vessel in navigable waters, and who is involved in fulfilling the function of the vessel. He must also have a strong enough connection to the boat, meaning that his work must be tangible, and substantial long term work. Under the Jones Act, in addition to medical treatment for his injuries, he may be entitled to maintenance benefits to cover his daily living expenses, including food, house rent and utilities. Unfortunately, fishing boat crew may be confused or unaware of their seaman status under the Jones Act, and may be unaware of the special rights they have under the Act.

Maritime Injury Lawsuits

In the event that an employer provides insufficient benefits to a Jones Act seaman, then the seaman has the right to hire a maritime injury lawyer to bring a claim against the employer. In such cases, the employee may also claim lawyer's fees as part of his claim against his employer.

If you are a seaman and have been injured in an explosion, fire or any other maritime accident, you will need the experience of a Jones Act maritime lawyer to build your case to claim the full compensation you deserve. Contact the maritime lawyers at Arnold & Itkin LLP for a free evaluation of your case.

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The last remnants of a dilapidated and unseaworthy vessel, the jack-up oil rig Zeus, that had been left standing in the Freeport channel south of Houston, Texas, have finally been removed, putting an end to two years of concerns over maritime pollution and the potential for injuries that could occur as a result of the toppling of the giant structure.

Early in November, Kevin Hoot Construction Co. the company that won the bid to remove the structure completed the final stages of the removal, pulling out the last of the rig's one million pound feet from the sea bed. The feet of the rig are already on their way to junkyards across the state, where they will be cut up to be sold as scrap. A decision on where the rig, a Freeport landmark will finally be laid to rest is yet to be taken. The Zeus Mobile Offshore Drilling Unit (MODU) had been left standing in the channel, for over 17 years. In 2004, the platform was sold to Sanship Inc. for a sum of$1. For years before that, the 190-feet-tall rig has acted as a beacon for fisherman and jetties, and has been a much-loved part of the Freeport skyline.  Its tearing down has been an emotional experience for most residents. 

The platform would have been left standing for much longer, if it hadn't been for the fact that port officials noticed it was leaking pollutants into the water about two years ago. Soon after, the US Coast guard expressed its apprehension that a tornado or hurricane could cause the structure to collapse, blocking off the mouth of the channel. The owner Emilio Sanchez, was ordered to get the structure dismantled, and when he refused, the Texas Land Office was entrusted with the task of tearing down the platform.

The project was extremely hazardous in nature, and required at least two weeks of preliminary ground work just to make it safe enough for the maritime workers to get up on the rig. Zeus' massive bulk, coupled with its heavily rusted framework made workers extremely susceptible to maritime injuries, but the project was executed successfully. Most of the structure was torn down in time to avoid a possible collapse under the onslaught of Hurricane Ike, which tore through the Texas coastline just a couple of months later. The feet of the rig were the last to go, dug out and dismantled in November.

The giant rig will be missed by Freeport residents, especially its fishing community, but there's no doubt that a major environmental and maritime injury hazard has been eliminated now that the Zeus has finally been laid to rest.

Unseaworthy vessels threaten safety of maritime workers

Unseaworthy vessels like the Zeus jack-up drilling rig can be a serious hazard to maritime workers who operate, maintain, or in the case of the Zeus, demolish them. When the Zeus was operational, maritime workers having a permanent connection to its operation and maintenance would have qualified as Jones Act seamen and been protected under the Jones Act statute. But because the rig is no longer operational, workers in charge of dismantling it would not likely qualify for protection under the Jones Act. They would however likely qualify for benefits under the Longshore and Harbor Workers' Compensation Act.  The LHWCA provides workers' compensation benefits for maritime workers who are not seamen such as the construction workers involved in the demolition of the Zeus.

Questions about Jones Act Seaman status

Seaman status under the Jones Act is a complex and highly debated topic. Fortunately the Jones Act isn't the only statute that provides protection and benefits for injured maritime workers and their families. If you have been injured in a maritime accident offshore or inshore, a maritime lawyer can help you understand what options you may have under the available statutes for claiming compensation. Contact a maritime lawyer at Arnold & Itkin LLP for a free initial consultation.

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