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

A longshore worker was killed on the job while transporting cargo in Jacksonville, Florida. Investigations into the accident are being conducted by both Jacksonville police and the Occupational Safety and Health Administration (OSHA).

According to a representative of the Jacksonville Port Authority, 51-year-old Gregory Daise, an employee of Coastal Maritime Stevedoring, was killed during vessel cargo operations on February 19th. The events leading up to and causes of his death are being investigated by Jacksonville police and OSHA. There is currently no additional information available on the details of the accident. Coastal Maritime Stevedoring LLC is a stevedoring company based in Jacksonville, Florida; the company provides loading and unloading services for various kinds of cargo, in addition to warehouse and marine terminal management. The company is capable of handling over sized and unusual cargo, including: military cargo, water crafts, locomotives, cranes and construction machinery. Daise was apparently involved in transporting cargo for Coastal Maritime at the time of the accident.

Maritime workers who perform essential activities related to the industry such as loading and unloading of cargo and repairs of equipment and machinery on any kind of maritime vessel, including platforms, rigs and ships are covered under a maritime law called the Longshore and Harbor Worker's Compensation Act. These employees are not technically Jones Act seaman because their work does not involve being stationed on navigable waters for long periods of time and they do not fulfill the criteria mentioned in the Jones Act. Often, longshore workers perform loading and unloading operations in the port and injuries received during such activities qualify for compensation under LHWCA laws. Longshore benefits cover injured workers as well as deaths. In case of death workers' dependents are eligible for benefits under the LHWCA.

Maritime Accident

Our team of Florida maritime attorneys at Arnold & Itkin LLP have represented hundreds of longshore workers who have been injured on the job. We have helped many recover physically, emotionally and financially from devastating accident.

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP for a free evaluation of your case.

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The Mel Oliver-Tintamora tugboat oil barge accident in Louisiana last year and the collision of the Cosco Busan with the San Fransisco-Oakland Bay Bridge in 2007 both resulted in massive oil spillage, affecting commerce in the region. Fortunately, no one was injured in either accident.

Much like the Mel Oliver incident, the Cosco Busan accident has been traced back to pilot's incompetence. According to the National Transportation Safety Board (NTSB), the Cosco Busan accident was caused by errors made by a pilot who was "medically unfit”. This, combined with a lack of communication between the pilot and the captain, led to the cargo vessel colliding with the Bay Bridge. The accident resulted in 53,000 gallons of oil spilling into the San Francisco Bay. Thousands of birds were killed and clean up efforts cost more than $70 million. According to the NTSB, Cosco Busan pilot, John Cota, bore most of the responsibility for the accident due to his failure to read radar data properly. Also, at the time of the accident, Cota was, reportedly, taking as many as 11 different medications for various conditions, ranging from alcoholism to depression. The Board vocalized the reaction of many maritime attorneys when they learned the vessel's pilot was steering his 68,000-ton ship under the influence of prescription medication, explaining "How [he] got to stand on the bridge of a 68,000-ton ship and give directions to guide the vessel through a foggy bay and under a busy highway bridge, is very troubling." Cota, it now appears, failed to report the kinds of medication he was taking when his pilot's license came up for renewal. The NTSB also found the ship's captain Mao Cai Sun to blame due to his failure to communicate effectively with Cota. The shipping firm that operated the Cosco Busan, Fleet Management, is also being held responsible and is expected to be charged for violation of environment laws.

Poor oversight of ship crew's senior members can put the lives of other crew members and innocent bystanders in danger. Incompetence of pilots and captains, like Cota's conduct in a drug-hazed stupor, can cause other maritime workers on a vessel serious injuries. When injuries are caused by the negligence of other employees, workers may eligible for compensation from their employer under Jones Act laws. 

Maritime Injury Attorneys

The attorneys at Arnold & Itkin LLP have represented hundreds of maritime accident victims in Louisiana, Texas, Alabama, Mississippi and Florida. 

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP for a free evaluation of your case.

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A new maritime safety law that requires workers to have identification cards in ports and riverfront plants in Louisiana, Texas, Florida, Alabama, Mississippi and other ports around the country went into effect in much of Louisiana 3 weeks ago.

The rules, mandated by the Maritime Transportation Safety Act, require workers who need access to the riverfront to obtain a Transportation Worker Identification Credential (TWIC). Having TWIC cards to identify workers is expected to enhance maritime safety. Those who fail to obtain the cards will have no access to their usual work areas until they get one. Under the rules, any one who wishes to access the dock or go through the riverfront to report for work at a plant must have the TWIC. Workers who do not have the identification card will require an escort to access these areas. In Louisiana, the program went into effect on January 13th and will follow in all American ports by April 14th. Industries have been preparing for the roll-out for several months now and many of them report that their workers are equipped with the cards. Workers who have delayed in siging up for their card will spend several weeks being escorted to docks and riverfront facilities. This is because the procedure involves intensive background checks before the card can be issued. According to the Transportation Security Administration, approximately 800,000 workers have already registered for the identification card program and 1.2 million are expected to be equipped with the cards before the final deadline in April.

Across the region, other ports including, Houston, Texas City, Galveston, Port Arthur, Orange Beaumont and Port of Lake Charles are hard at work trying to comply with TWIC rules before the April 14th deadline. The ports of Corpus Christi, Brownsville, Victoria and Point Comfort met their compliance deadline November 28th of last year. The Port of Mobile Alabama District's compliance date was December 28th, while the Saint Petersburg Florida District and New Orleans District was January 13th. The rules that aim to bolster maritime safety at our ports apply to higher management at companies that work in these regions also.

Maritime Safety

Oil companies, drilling companies and other maritime employers are required to make sure that work conditions for their employees are as safe as possible, this includes providing a secure environment in light of the new threats our ports face.  Damages for maritime injuries suffered by a worker in the absence of such safe working conditions can be claimed under several maritime laws including the Jones Act, the Longshore & Harbor Workers' Compensation Act as well as other laws that protect maritime workers from employer negligence.  A Louisiana maritime attorney can help you evaluate your claim and get the compensation you deserve.

If you have been injured in a maritime accident, contact a maritime accident lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

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The National Transportation Safety Board (NTSB) issued recommendations to the Federal Aviation Administration (FAA) requiring offshore helicopters in the Gulf of Mexico to reevaluate their communication procedures in order to avoid accidents during high traffic periods, such as after a hurricane or other disaster. The recommendations came after a probe into a helicopter crash near Texas in 2005.

On September 6th, 2005, a Sikorsky S-76 helicopter with 8 Rowan Companies oil rig workers on board crashed into the Gulf of Mexico approximately 24 miles southeast of Sabine Pass, Texas. The helicopter had just taken off from a jack rig owned by Rowan Companies, and was on its way to the company's facility in Sabine Pass.  There were 2 other passengers on board, as well as a two-member crew. They were all able to safely make their way out of the helicopter before it submerged. Both pilots and 3 of the passengers suffered serious injuries in the accident, while the rest of the passengers suffered minor injuries. Fortunately, all occupants were wearing personal flotation devices, these helped them stay afloat in the waters for close to 7.5 hours before help arrived. The investigation found that the accident was caused because of the pilots' slow response when the first engine failed. The board concluded that the slow response was probably due to high stress levels because of the timing of the crash - one week after hurricane Katrina made landfall. The chaotic conditions soon after Katrina hit caused delays in the communication network at Houston Helicopters Inc, the company that operated the helicopter. According to the Board's report, there were several violations at Houston Helicopters Inc. which contributed to the delayed rescue efforts. Post Katrina, other offshore helicopter operators serving drilling companies in the Gulf of Mexico made alternative arrangements, so they could continue supporting helicopter flights. Houston Helicopters Inc., however, failed to make any substitute arrangements. Instead, management at the company recommended that pilots use their own cell phones to transmit important flight information to the control center. The board also found that although Houston Helicopters Inc. had a record of 8 accidents, 3 incidents and at least 18 FAA surveillance violations, there were no follow ups made to check if the company was in compliance with rules regarding alternate methods of flight following procedures.   

The offshore helicopter crash near Texas could have ended in tragedy and the passengers and crew members were lucky to be able to survive with only injuries. They were, however, forced to undergo the trauma of waiting for several hours in the cold waters of the Gulf because of Houston Helicopter Inc's negligence. 

Maritime Accident Claims

Offshore rig workers are exposed to several risks when they use helicopters to travel from platform to shore as part of their maritime duties.  Injuries that occur during such air travel can make a worker eligible for compensation under maritime law. An expert maritime attorney can help workers determine their options for compensation.

If you have been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

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Arnold & Itkin LLP represents Jasper Smith, a Jones Act seaman from Alabama, who was seriously injured while working as a ring setter for Daybrook Fisheries. On September 29, 2008, the captain of his pogey boat crashed their vessel into an Exxon Mobil platform located off the coast of Louisiana. The force of the collision slammed Mr. Smith into a freezer. Arnold & Itkin LLP is proud to help him get the medical treatment he needs for his back injuries and help him get the compensation he deserves for this Jones Act claim.

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Attorneys Kurt Arnold, Jason Itkin, and Mike Pierce resolved a Jones Act Seaman injury case for $14 million just two days before going to trial. Arnold & Itkin LLP lawyers represented the seaman after he suffered a head injury on the Hercules 15 inland barge. The Hercules 15 was located in Lake Washington, Louisiana at the time of the incident. The seaman's injury occurred when Hercules employees tack welded a three foot pipe to the derrick and then forgot to remove it before starting drilling operations. The heavy pipe was jarred loose and hit the plaintiff in the head.

The case was filed in Galveston County Court in March 2008. The case was set for trial February 2, 2009. Hercules settled the entire case for $14 million on the eve of trial.

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A New Iberia maritime worker, who was injured while working aboard an off shore jack up drilling rig, was denied his claim for benefits and has now appealed to the 5th U.S. Circuit Court of Appeals in New Orleans, Louisiana.

Gary Dance worked as a supervisor for Ensco Offshore Company of Broussard, Louisiana. On the day of the accident he was working aboard an off shore rig called the Ensco 93. There were fewer workers than were needed to set rigging up and Dance, who was only required to supervise employees, had to join in the rigging efforts along with the other workers. As he bent down to pick up a C clamp, he injured his back and suffered extreme pain; doctors later diagnosed the injury as a herniated disc. Dance sued the company, claiming that on the day of the accident he informed his higher ups that the rig was short staffed and he would need more employees. He also asked for additional equipment, but the company ignored both his requests. Dance's lawsuit claimed that the oil rig was unseaworthy and that the company failed to provide him with a safe working environment. Last year, a court dismissed his $3 million lawsuit. He has now appealed to the 5th U.S. Circuit Court of Appeals. Ensco was so confident they would win the appeal that their officials made a pitch for more workers as they left the court, citing their established safety record in the Gulf of Mexico.

Covered under Jones Act rights, oil drilling companies are required to make working conditions safe for employees, this includes making sure all processes are handled by an adequate number of trained staff members who have access to proper equipment. Failure to do this can result in unforeseen injuries like the one that left Gary Dance permanently disabled.

Louisiana Maritime Injury Attorneys

These large corporations have access to considerable financial and legal resources, which help them deny claims to injured workers. Going up against one of these companies for a benefits claim can be a tiring and time consuming process, therefore, it is necessary to have an expert Louisiana maritime attorney on your side, building a winning case for you.

At Arnold & Itkin LLP, we have years of experience representing maritime and off shore oil rig workers in benefits claims and lawsuits, and helping them recover the compensation they deserve.

If you have been injured on an off shore oil rig, contact a Louisiana maritime attorney at Arnold & Itkin LLP for a free evaluation of your claim.

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The Texas Ports Association has honored Senator Kay Bailey Hutchison as its “Person of the Year” for her contribution to maritime safety at Texas ports. Annually, the honor is awarded to individuals who support and work for the advancement of Texas ports, including making them safer and more efficient.

The state's ports are some of the busiest in the country with an estimated 20% of its deep sea traffic. Senator Hutchison, the only female senator to represent Texas in the Senate, has been a long time supporter of our ports. Some of her goals have been to boost the competency and efficiency of the ports, and increase the number of security personnel. According to Jim Edmonds, chairman of Port of Houston Authority, Senator Hutchison has always been involved in efforts to bolster safety and security at the ports and strengthen their functioning, so they can contribute to the economic success of the state and the country. Senator Hutchison has a position in the Senate Appropriations Committee and is also a Ranking Member of the Senate Commerce Science and Transportation Committee. Through her association with these committees, Senator Hutchison has been heavily involved in the improvement of the maritime industry. She was instrumental in passing the SAFE Port Act in 2006, which established a set of standards for containers arriving in the U.S. and allows inspection of containers at random. She is also a strong supporter of increased funding for Texas ports through the Port Security Grant Program which has channeled more than $2 million to the state's ports over the last 6 years.

Maritime Accidents

Longshore workers, who may work for a port, often toil in dangerous jobs like loading and unloading cargo or crane and derrick operations. These jobs are often far more dangerous than they need to be. Simply following safety guidelines can reduce a longshore worker's risk of falling, being hit by falling objects, being run over by cranes and other maritime accidents.

Longshore workers injured while performing non-marine activities like loading and unloading or repairing vessels and rigs may be eligible for compensation under maritime laws. An experienced Texas maritime lawyer can help you recover compensation from the parties responsible. 

If you have been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.

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A 24-year-old chemical engineer and graduate of the Massachusetts Maritime Academy (MMA) was killed in an electrocution accident, in January, while working aboard a chemical tanker off Galveston, Texas.  

There are no specifics about the accident, but it appears that the 24-year-old third assistant engineer Christopher Erickson was holding a wire when a circuit breaker was tested. Erickson was working on board the Sea River Wilmington, a tanker owned by a subsidiary of Exxon Mobil. The tanker was engaged in transporting cargo between ports along the East coast. At the time of the accident the vessel was anchored 12 nautical miles off the coast of Galveston, Texas. As soon as the accident took place, the Coast Guard was notified and Erickson was transferred to a hospital in Houston, however, he died soon after due to his injuries. Students and staff at the MMA have expressed their sadness over Erickson's death, who was considered one of the brightest young cadets to graduate from the academy. He graduated cum laude from his engineering class and was a brilliant athlete.

The oil industry has the highest fatality rate of workers in American industry work. The range of challenges that an employee can face are enormous. While conditions in the industry are laced with risk, many of these risks can be eliminated if employers follow all procedures to make the maritime environment as safe for employees as possible. There are no details on how the circuit breaker came to be tested while Erickson was holding the wire, but if investigations show that there was negligence somewhere along the line, it would not be the first time a maritime employee suffered the consequences. Because of his job as a Jones Act seaman, Erickson's family may be entitled to compensation benefits that are included under the Jones Act.

Why You Should Consult a Maritime Injury Attorney

Employers generally prefer to pay as few maritime benefits as possible.  The family of a worker who dies in an accident on navigable waters may file a maritime wrongful death claim that covers a range of benefits payable to the family. The family may be urged to close the case with the benefits package offered by the company without thinking about other, less obvious expenses they may have to face down the road. This is why it is necessary to consult with a maritime attorney before agreeing to any compensation package offered by the company.

If you've lost a loved one in a maritime accident you should contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

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An appeals court has ruled that a Louisiana oil worker who suffered injuries while working on an oil production platform is eligible for maritime employee benefits, although his work largely consisted of non-marine activities.

Terry Hudson was working on an oil production platform along the coast of Louisiana, when a salt water pump explosion left him with serious injuries. Hudson applied for compensation under the Longshore and Harbor Workers Compensation Act (LHWCA), but his claim was rejected.  Coastal Production Services Inc., Forest Oil Production and the insurer ACE American Insurance Company, rejected the claim on the grounds that the injuries occurred on a platform, which is normally used for oil separation and storage purposes. The platform is also used as living quarters for company employees. According to the grounds for rejection, the platform was not used as a site for maritime activities. The closest maritime activity to the platform was the loading of oil cargo which took place on a nearby barge. Loading and unloading of the cargo are just one of the duties that maritime workers who are eligible for benefits under LHWCA are engaged in.

Hudson appealed, and now his stand has been vindicated by a review panel, as well as the 5^th U.S. Circuit Court of Appeals. The judgment decided that even if the exact spot where the injury occurred is not meant for cargo loading activities, the maritime worker is still eligible for compensation benefits if that spot is somehow involved with the loading of products. Here, the platform where the accident occurred is used for storage of oil that would later be loaded onto ships.

Workers who fall under the Longshore and Harbor Workers' Compensation Act are eligible for certain compensation benefits even though they are, technically, not seamen. The Jones Act benefits are only available to seamen as defined by the act, and the LHWCA was passed to protect workers who are not seamen, but still perform important activities like loading and unloading cargo or building and performing repairs on vessels, terminals and platforms. These benefits include payments for medical expenses, rehabilitation and compensation for any occupational disease that may arise in the course of maritime employment.

Maritime Injury Claims 

People who have been injured in an accident on board a tanker, oil rig or other vessel may be eligible for benefits and should seek the counsel of an experienced maritime lawyer.

If you have been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

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