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

As investigations in the helicopter crash in Terrebonne Parish, Louisiana that killed 8 offshore rig workers continue, the safety of riggers and engineers who constantly use helicopters on the job, is receiving much needed attention.

The Sikorsky S-76 C helicopter that crashed 10 minutes after taking off, was carrying 9 workers from Amelia, Louisiana to an oil platform in the Gulf of Mexico owned by the Shell Oil Company. The helicopter was owned by PHI Inc.  The workers on board the helicopter were on their way to repair damages caused by Hurricane Gustav.  

The crash has turned attention to the safety of the hundreds of offshore workers required to frequently travel between rigs and platforms by helicopter. Air travel has not been a major cause of maritime accidents and fatalities in the oil and gas industry; one of the country's deadliest sectors. The mortality rate in this industry is estimated to be up to 7 times greater than in other sectors. Between 2003 and 2007, 526 people died on the job in the oil and gas industry; 20 of these died in air accidents. The biggest danger to workers in the industry comes from accidents in the field, such as being hit by falling objects, which alone causes more than 50% of all oil rig accident-related deaths. Over the past decade, the worker death rate in the industry has doubled from 15 deaths in 1999 to 30 deaths for every 100,000 workers in 2007. According to the Centers for Disease Control and Prevention, the increase in the number of deaths in maritime accidents can simply be attributed to increased drilling activity. 

Helicopter Crash Maritime Accidents

In 2008, a Bell 206 helicopter headed to a drilling platform 18 miles off the coast crashed into the water, killing the pilot and 4 oil field workers on board. The accident is still under investigation. Everyday, hundreds of helicopter flights are routinely made, transporting employees to and from rigs and platforms. The majority of these end safely, but the risk of injuries and fatalities with this concentration of aviation traffic in the industry is very real, as proven by the Terrebonne Parish helicopter crash.

If you have been injured in an offshore accident, you will need expert representation by an experienced maritime lawyer to ensure that you recover the compensation you deserve from all parties. At Arnold & Itkin LLP, we have the skills necessary to successfully represent you. 

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

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A maritime accident attorney believes that maritime laws could possibly apply to any civil lawsuits that may be filed by the passengers of U.S. Airways Flight 1549, which crash landed in the Hudson River on the 15^th of January.

According to Manhattan attorney John Hession, the application of maritime law in the Hudson River crash would be appropriate because the jetliner landed in the Hudson River. At the moment of landing, the plane stopped flying and began to float like a vessel, therefore, any claims arising out of the accident should be considered under maritime laws that govern vessels on waters. This point of view has been corroborated by another lawyer who also says he would consider invoking maritime law if retained to represent any passengers on Flight 1549.

The universal admiration for the pilot and crew of Flight 1549, and the manner in which they were able to land the plane safely without any major injuries to the passengers has caused excessive media attention and, therefore, discussion of potential lawsuits. However, there have been no confirmed lawsuits filed. All 150 passengers and 5 crew members were safely evacuated from the plane before it began to submerge into the icy waters of the Hudson. The Coast Guard as well as ferry boats that were plying the Hudson River at the time, were able to mount emergency rescue operations within 15 minutes of the crash landing. Another reason there have been no lawsuits filed is the lack of serious physical injury caused to the passengers. However, emotional distress as well as the physiological impact felt in the moments before the crash could be considered grounds for a claims lawsuit. U.S. Airways has already made what some consider, a preemptive strike, sending all passengers a check for $5,000 to hold them over financially until they receive their personal belongings.

Not everyone agrees that maritime law could be applied to the Hudson River crash lawsuit. In the absence of any litigation action initiated by any of the passengers, most of these discussions over whether a crash landing on water constitutes a maritime accident could be just that – speculation. There has, however, been one precedent that could justify the application of maritime law to Flight 1549. In 2001, an American Airlines plane crash landed in Belle Harbor killing 265 people. A judge ruled that because the plane was carrying passengers over the ocean, and because the stabilizer fell into the water putting maritime commerce at risk, the case could fall under maritime jurisdiction.

Application of Maritime Laws

Maritime accidents refer to those that happen on a vessel – that includes a rig or platform - on navigable waters. There may be other rare and exceptional circumstances that call for the application of these laws. Only an experienced maritime injury attorney can help you decide the kind of laws that apply to your case.

If you have been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP to discuss the compensation and benefits you may be entitled to.

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Investigations are ongoing in an early January helicopter crash in Terrebonne Parish, Louisiana that killed 8 offshore rig and maritime workers and injured at least one person.

The National Transportation Safety Board is conducting investigations in the crash involving a Sikorsky S-76C owned by Petroleum Helicopters Inc. (PHI), a Lafayette based company. The helicopter was on its way to a Shell Oil platform in the Gulf of Mexico when it crashed into a marsh near Bayou Penchant. The 8 people killed in the crash were offshore rig workers. At least one family has already filed a lawsuit against Petroleum Helicopters Inc.

In recent years helicopters have become one of the main modes of transportation used to ferry rig workers and maritime equipment to offshore platforms. As technological advances allowed the construction of rigs in deeper waters, maritime companies and oil companies began to find it cheaper and more efficient to transport rig workers and equipment by helicopter rather than by ship, as was the case earlier. According to statistics from the Helicopter Safety Advisory Conference, which collects data from about 15 operators in the Gulf of Mexico region, close to 3 million passengers on 600 helicopters traveled the Gulf of Mexico region last year. With more and more helicopters being pressed into service, the risk of accidents has increased.

According to an earlier report by the National Transportation Safety Board, the Gulf of Mexico helicopter fleet is at a higher risk for accidents than the national rate. Petroleum Helicopter Inc. operates 162 aircrafts that regularly transport workers and equipment to platforms in the Gulf of Mexico. In the past decade alone, accidents involving helicopters owed by the company have killed at least 30 people, including those who died in January.

Offshore workers like engineers, riggers and laborers are constantly required to travel between platforms. While workers may disregard such nominal things as transportation risks, the fact is their mode of transportation is a risky one.

Investigating a Maritime Helicopter Accident

There are several factors that can go into the investigation of a maritime helicopter crash. Fleet records should be investigated to rule out mechanical malfunction of the chopper, and the possibility of pilot error must be probed thoroughly.  A maritime accident lawyer must have access to resources that will make such investigations possible.

At Arnold &Itkin LLP, we have represented dozens of maritime workers over the years and have obtained fair and just compensation. 

If you have been injured in a maritime helicopter accident, contact a Louisiana maritime accident lawyer at Arnold & Itkin LLP.

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A seaman in Galveston, Texas filed a maritime injury lawsuit against a marine company for injuries he sustained while working aboard a ship. The lawsuit alleges, among other things, that the company failed to adhere to maritime laws applying to the rights of seamen.

Morgan Whittington was working on board the Miss Sally when a collision with other barges knocked him into a wall. The impact of the collision caused an ice box to fall on top of him, leaving him with back, neck, hand and leg injuries. The lawsuit claims that as a result of the accident, Whittington, in addition to foregoing any earning capacity he had in the days since the accident, has lost the capacity to work in the future. The lawsuit, filed in the Galveston County District Court, blames Breathwit Marine Contractors Ltd. for failing to secure the box. Whittington claims that the company has failed to pay his medical bills and also accuses the company of violating maritime laws.

Seaman Rights

The rights of a seaman in the event of an accident are additional to the rights entitled to them under the Jones Act. When an accident occurs while the seaman is engaged in duty aboard a vessel, medical expenses including: hospitalization, medication, access to medical equipment and a doctor are the responsibility of the employer. This responsibility is unconditional. The seaman is also entitled to benefits from the employer related to meeting daily living expenses such as: food and grocery bills, utility bills etc. These benefits, along with the medical benefits seamen are entitled to, are collectively referred to as maintenance and cure benefits. These, however, automatically end when a seaman is declared to have reached Maximum Medical Improvement or MMI. Maximum Medical Improvement refers to a stage in which a person is deemed to have reached a healing plateau where no additional amount of medication or treatment can improve the existing condition.   In Whittington's case, winning the benefits that he is entitled to will involve proving that he has not reached MMI and that the employer's responsibility to pay his medical bills as well as maintenance of his day-to-day living expenses, still applies.

Many times, employers refuse to pay out rightful benefits, delay payments, or pay out fewer benefits than the worker is entitled to. Negotiating these benefits can be difficult when a worker lacks knowledge not only of his own rights, but also knowledge of the employer's responsibilities. That is where an experienced maritime attorney comes in – to make sure that a seaman receives the compensation to which he is entitled.

The maritime accident lawyers at Arnold & Itkin LLP are dedicated to providing Texas seamen with expert representation that results in a fair settlement. If you or a loved one has been injured in an accident at sea, contact a maritime injury lawyer at Arnold & Itkin LLP for a free consultation.

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A tugboat - oil tanker accident that occurred early in July 2008 in Louisiana's New Orleans Harbor can be blamed on the captain's rocky love life. There were no injuries in the maritime accident involving the tugboat Mel Oliver, but it did cause a massive oil spill in the Mississippi River.

The accident occurred on July 23^rd when the tugboat being piloted by John Bavaret III turned abruptly in the path of the oil tanker, Tintomara. The tanker collided with the fuel oil-containing barge being towed by the Mel Oliver. The accident resulted in the barge being split in two, and more than 280,000 gallons of fuel oil spilling into the waters of the Mississippi River. The spill took days to clean, and the busy river channel was shut down for at least six days while crews worked on containing the oil spill.

As investigations now show, Bavaret who was piloting at the time of the tugboat accident was the apprentice mate of Terry Carver, the captain of the tugboat. Apparently, Carver testified that on the 20^th of July, he had received a telephone call from his nephew telling him that he had seen Carver's girlfriend with another man. That was all it took for the lovesick captain to abandon his plans for piloting the tugboat, and rush after his lady. He left the piloting duties to his apprentice mate. Bavaret did not have a master's license, and was ill equipped to pilot the boat. The accident had disastrous environmental effects, although it did not cause any serious injuries.  Carver kept in contact with the tugboat on cell phone, with a deckhand giving him information about the accident when it occurred. 

Tugboat Accidents

The Mel Oliver-Tintamora accident resulted in an expensive clean up of the Mississippi River and massive business losses, as the channel was shut down to allow clean up operations. It was extremely fortunate that none of the crew members aboard the tugboat or the oil tanker were injured in the accident. Serious injuries were a very real possibility in this maritime accident. As is now obvious, nobody aboard the tugboat had a master's license to operate the boat. Maritime law requires that only a crew member with a master's license pilot a tugboat. 

The Jones Act offers seamen a number of rights that protect them in the event of injuries caused by maritime accidents. Under the Act, a seaman is eligible for compensation from his employer, not only when an accident is caused by the employer's failure to provide safe working conditions, but also when the negligence of a crew member causes the accident. The Mel Oliver story isn’t yet complete, and it's not certain who approved and allowed the tugboat to be piloted by an unlicensed apprentice mate, but one thing we know for sure – there was negligence toward the safety of the Mel Oliver and its crew.

When a maritime accident is caused by the negligence of fellow crew members, a Jones Act seaman may seek the help of a maritime lawyer to obtain compensation for his injuries.

If you have been injured in a maritime accident, contact the experienced Jones Act maritime lawyers at Arnold & Itkin LLP for a free consultation. We can answer your questions and help you understand your options for seeking compensation for your injury.

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