Offshore Crew Evacuated after Oil Leak off Australia Coast

All 69 offshore workers on an oil rig off Australia's northwest coast are safe after they were evacuated from the rig, post a massive oil leak.

The spill is about 8 topical miles long and 30 meters wide, and occurred at the West Atlas drilling rig, which is owned by Norway’s Seadrill. The company that operates the oil rig, PTTEP Australia, is conducting urgent repairs to stop the leak. The leak occurred in an extremely remote location, and this has made any salvage operations difficult. Aircraft are being used to spray chemicals to disperse the oil. Australian maritime safety authorities have initiated a national response plan to limit the impact of the spill in the Timor Sea.

Apparently, a plug on one of the deep wells came loose, causing a leak of oil and gas. However, it is still too early to know what exactly caused the leak, and how long it will take to plug it. Maritime authorities don’t believe that the spill will reach the Australian coast. The slick seems to be evaporating as it is leaking, causing the size of the slick to remain more or less the same size.  According to Bloomberg.com, there were 69 workers on the rig who were evacuated after hydrogen sulphate gas began to leak.

Offshore Workers Work in Hazardous Conditions

It's not difficult to see why workers on an offshore rig work in some of the riskiest conditions. They are confined to a rig in the middle of a vast ocean, several miles from the shore, and are at the constant mercy of the weather and the seas. Offshore Crew EvacuatedAlthough these employees work rotating shifts, and may not spend more than a few weeks on the rig, the few days that they do spend offshore can have them working through conditions that are very vastly more difficult than those on land.  Shifts can be as long as 12 hours, and when there are strong currents, the rig can shift, causing a worker to lose balance if he is not holding on to the railings.

An offshore rig worker may be eligible for Jones Act seaman status, depending on whether he meets the criteria outlined in the 3-part test. He must be assigned to a vessel, the vessel must be in navigation and he must spend a significant  amount of his time performing duties that contribute to the vessel.

The maritime lawyers at Arnold & Itkin LLP represent workers injured on commercial fishing vessels, cargo ships, tankers, offshore rigs, cruise ships, barges and towboats.

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Idaho Man Injured in Accident on Commercial Fishing Vessel

An Idaho man had to be airlifted to a hospital after he sustained serious injuries in an explosion on a commercial fishing vessel.

The crew member, Joshua Gifford, was working in the cabin of a 24-foot fishing vessel on the Columbia River when the explosion occurred. Gifford sustained serious injuries, and had to be airlifted to a hospital.

Explosions on a fishing vessel may be the result of a gas tank leak. Activities that involve the use of electrical tools, like grinders, may cause sparks that can trigger an explosion. An explosion on a  vessel can quickly lead to a fire, compounding the situation further. Fires on a vessel are harder to put out, because the vessel cannot take on a lot of water without facing the risk of sinking.

Risks Aboard Commercial Fishing Vessels

Crew members on commercial fishing vessels are at risk everyday. There may be complex processing equipment on a fishing vessel, and the decks may be covered with grease and fish gurry. Commercial fishing crew members may be at risk from the elements of the weather.  In fact, until recently the job of the commercial fishing crew member was considered to be the most dangerous occupation in the United States. Commerical Fishing VesselDuring the 80’s and 90’s, fishing communities in small towns and villages along the coast lived in the constant fear of losing their loved ones to accidents on board these vessels.

For many years the commercial fishing industry was an unregulated one. The Fishing Vessel Safety Act set down regulations for safety standards, training of crew members, accident reporting procedures, and vessel stability. Strong regulations and the threat of legal action in case of violations have meant that there are fewer accidents involving these vessels than there used to be.

Commercial fishing crew members may also qualify under the Jones Act, although this can depend on whether they qualify as a Jones Act seaman. A seaman must have been assigned to a vessel or fleet of vessels on navigable waters, must contribute to the mission of the vessel, and must have a substantial connection with the vessel, both in terms of nature of work, as well as duration.

The maritime lawyers at Arnold & Itkin LLP represent workers injured on commercial fishing vessels, cargo ships, tankers, offshore rigs, cruise ships, barges and towboats.

 
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Fisherman Evacuated from Commercial Vessel after Suffering Heart Attack

A crew member on a commercial fishing vessel had to be medically evacuated by the Coast Guard after he suffered a heart attack on board the vessel.

The crew member fell overboard from the fishing vessel Gaston, while he was engaged in pulling up a dredge. He was immediately rescued, and crew members brought him back on board the vessel. However, he began to experience chest pains and other symptoms of a heart attack. The crew members informed the Coast Guard, and the man was transferred to a rescue boat. He was taken to the Air Station in Cape Cod from where he was airlifted to the hospital. The crewman is believed to be in a stable condition.

Jones Act Seaman

Fishermen on commercial fishing vessels, depending on the nature of their service to the vessel and the amount of time they spend on it, may be eligible for coverage under the Jones Act. Falling ill on a vessel in the vast ocean is a hazard that a merchant seaman constantly faces. Jones Act VesselOut on a tanker, commercial fishing vessel or any other kind of Jones Act vessel, illnesses can strike suddenly and without warning. Seaman may suffer heart attacks, strokes, appendicitis, or other emergency conditions that require urgent medical care. The first few minutes after the symptoms appear, can be crucial. The wrong kind of medical attention or delayed medical care during this time can prove fatal.  

It's an employer's duty to ensure that a sick crew member gets the medical attention he needs. An employer must make arrangements for the seaman to receive specialized care offshore, if necessary. This may involve calling for Coast Guard and rescue help to have the worker airlifted.

Unfortunately, a single crew member who is unable to work due to illness can mean delays and financial losses for an employer. Such employers may try to delay calling for emergency medical help to have a worker moved onshore where he can receive specialized care. There may also be negligence in the kind of medical attention that a Jones Act seaman receives while he is on the vessel. 

Injuries that are aggravated by the negligence of an employer may be mentioned in a claim under the Jones Act. Workers whose symptoms worsen or their condition deteriorate because of delayed medical attention on a vessel, must consult with a maritime lawyer to understand their rights.

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Cosco Busan to Pay $10 Million Penalty in Ship Accident

A Hong Kong-based shipping company pled guilty to criminal violations in a maritime accident. In 2007 a vessel struck the Bay Bridge and spilled 50,000 gallons of fuel into the San Francisco Bay.  

On November 7, 2007, the Cosco Busan crashed into the San Francisco Bay Bridge, spilling 50,000 gallons of oil into the water. No injuries were reported, but the massive oil spill caused an environmental disaster. Millions of dollars were spent cleaning up the damage, and local fishermen and crabbers suffered losses when the fishing season was postponed due to the cleaned up.

Bay Bridge - Cosco Busan Oil SpillFleet Management Limited pled guilty to:

  • a violation of the Oil Pollution Act of 1990
  • felony obstruction of justice
  • false statement charges

According to the Department of Justice, the company pled guilty in exchange for a deal with federal prosecutors. If the plea agreement is approved, the company will be fined a penalty of $10 million. Of this, $2 million will be used for environment processes around the Bay.

Prosecutors charged Fleet Management with preparing forged documents after the ship accident, under the direction of supervisors. The documents were intended to deceive the Coast Guard. As part of the plea, Fleet Management admitted it discharged “a harmful quantity of oil into the water of the United States.” It also admitted that the accident occurred because of its negligence. The company signed a statement saying the vessel crew:

  • Was not familiar with navigation equipment
  • Failed to engage in a proper passage planning process
  • Falling to conduct master-pilot exchange information
  • Failed to take fixes during journey 

The company admitted that it created a false berth-to-berth passage plan for the day of the accident, after the ship struck the Bay Bridge. This was done at the direction of superintendents; the ship master was also aware of this falsification. The ship's navigation chart was also altered to show fixes that were not recorded during the journey.

Jones Act Seamen Can Sue Their Employer

In case of injuries resulting from a vessel collision like the Cosco Busan oil spill, injured workers may be protected under the Jones Act. Before the Jones Act was passed, a worker could not hold his employer responsible for injuries caused by negligence or incompetence of co-workers. However, the Jones Act places liability for any injuries sustained by the incompetence of a co-worker on the employer.  

The maritime lawyers at Arnold & Itkin LLP represent maritime workers who have been injured on cargo ships, cruise liners, commercial fishing vessels, barges, tugboats, offshore drilling platforms, and other maritime vessels.

Arnold & Itkin LLP Maritime Lawyers Settle Jones Act Case with Calf Injury for $925,000

Houston maritime lawyers Kurt Arnold and Gabe Vick secured a $925,000 settlement for a maritime worker injured while working on a vessel.

While handling lines on the vessel, the seaman's calf was crushed when the boat began to move, putting tension on one of the lines. The resulting injury required reconstructive surgery. The Jones Act case was pending in Galveston County, Texas and settled a few days before trial.

Crewman Injured After Dredge Runs Around in North Carolina

A crew member on a dredge suffered injuries when the tug and dredge ran aground in the Oregon Inlet in North Carolina.

One of the maritime workers fractured his femur when the dredge, Cooper River, ran aground. Crew members stabilized his leg and called the Coast Guard. Rescue crews arrived and the crewman was evacuated.

Dredges Qualify as Vessels

In 2005, the Supreme Court ruled, in Willard Stewarts vs. Dutra, that a dredge was also a vessel. The ruling rejected the argument that because the dredge in question was not in movement at the time of the injury, the worker was not eligible for damages. In that particular case, a marine engineer, Willard Stewart, who maintained a dredge for the Dutra Construction Company, was injured and sought personal damages from the company under the Jones Act and the Longshore and Harbor Workers Compensation Act. A Dredge Qualifies as a Vessel The district court, as well as the appeals court, found that the definition of a vessel did not include a dredge. The company argued that Stewart was not a seaman. It did, however, acknowledge that he was a member of the dredge's crew, that he spent 99 percent of his work time on the dredge, and that his duties contributed to the function of the dredge.  

The Supreme Court held that the dredge was a vessel under the Longshore and Harbor Workers Compensation Act. The Court ruled that because the watercraft was permanently moored and was not being used for “transport" in the general sense of the term, did not over rule the fact that the dredge was in navigation.

The maritime lawyers at Arnold & Itkin LLP represent workers who have been injured on dredges, towboats, tugboats, barges, and other vessels on rivers and inland waterways.

Towboat Crew Members Rescued After Accident

The Coast Guard is investigating an accident that occurred in Texas, involving two towing vessels on the Intracoastal Waterway. 

The two towboats, Caroline and Miss Stacie, collided near the High Island Bridge. Both towing vessels were pushing barges at the time. Upon impact, the Caroline began taking on water. Another towing vessel, which was near by, came to the rescue of the damaged boat. The five crew members aboard the Caroline were rescued. None of them were injured.  

The Caroline was partially submerged and protective booming was placed around it. Local officials are also assessing whether any environmental damage resulted from the collision.  So far, however, damage seems to be minimal.

Towboat Pilot's Responsible for Accidents 

Vessel collisions, whether at sea or on an inland waterway are often attributed to adverse weather, poor visibility, and human error. Avoiding a collision depends, very heavily, on maintaining proper lookouts and making the right navigation decisions. Some of the biggest maritime disasters have been linked to captains making the wrong decisions or displaying incompetence. Towboat AccidentThe Cosco Busan collision in 2007, which caused a major environmental disaster, was attributed to pilot error and incompetence. The pilot in that accident was taking prescription medication and failed to notify his employer. The collision with the Bay Bridge caused nearly 58,000 gallons of oil to spill into the San Francisco Bay. Millions of dollars were spent on clean-up operations and local fishermen were deprived of their livelihoods when the fishing season was postponed as a result of the accident.

A collision can end with serious damage to the vessel and, in turn, a need for seamen to abandon ship. Crew members may suffer serious injures in the process. Survivors of major collisions may suffer severe emotional trauma, including anxiety disorders like Post Traumatic Stress Disorder.

The maritime lawyers at Arnold & Itkin LLP represent workers who have been injured in accidents involving cargo ships, cruise liners, offshore drilling rigs, towboats and barges, as well as other Jones Act vessels.

Four Boaters Uninjured After Hudson River Maritime Hit and Run

Luckily, a collision involving a cargo ship and a speed boat on the Hudson River end without any injuries or fatalities. A Hollywood director, however, did get the chance to play hero when he helped the boaters to safety.

According to news reports, an unidentified cargo ship crashed into a sailboat and continued down the Hudson river at around 1 am. The four occupants of the sailboat did not realize they were in danger until the massive ship was upon them. Cargo Vessel Hit and RunThree passengers were thrown from the boat and one stayed on the vessel, or rather the small piece of the hull left floating in the water. At the scene of the accident was Doug Liman, director of films like Mr. and Mrs. Smith. Liman and his friend Avram Ludwig were on a sailboat and saw the cargo ship slice through the smaller sailboat. The two quickly rushed to the scene and helped three of the passengers out of the river.

The Coast Guard is investigating the accident and is still trying to identify the 300-foot cargo ship involved in this maritime hit and run. There is no information about whether the large vessel was a tanker or freighter. Reports indicate the large boat may not have felt the impact of the collision.

Vessel Collisions

The four people on the sailboat, according to the Coast Guard, were extremely lucky to survive the accident. Generally, collisions involving two vessels in which one is several times larger than the other, end in fatalities. It is highly likely that the cargo ship did not see the 42-foot sailboat in the pitch dark. Sailboat crews should be cautious when pleasure boating on waters used as shipping lanes. Coast Guard officers have, for some time now, been warning of the increasing number of accidents involving cargo vessels and recreation boats. Boaters must take care and stay out of waterways known to be frequented by tankers and other large vessels, especially after dark.

The maritime lawyers at Arnold & Itkin LLP represent injured cargo vessel crews, cruise ship employees, offshore workers, and other Jones Act seamen.

How Can a Vessel be Unseaworthy?

An unseaworthiness claim provides an injured Jones Act seaman, whose injuries occurred as a result of unsafe working conditions, one more option for compensation.

Every Jones Act seaman should know that unseaworthiness of a vessel entitles them to damages beyond their Jones Act claim. Unseaworthiness claims are filed against the vessel itself, not the employer. 

Typically, unseaworthiness comes about in the form of failure to provide a vessel that is reasonably fit for its intended purpose. As with everything else in the Jones Act, the definition of what is "reasonably fit" has also evolved over the years.

Unseaworthiness can arise when:

  • The working surfaces are not maintained properly.
  • There is not sufficient personal safety equipment on the vessel.
  • There is not sufficient fire safety equipment on the vessel.
  • There are not enough crew members.
  • The deck and walking surfaces are slippery.
  • Cables and lines are defective.  
  • Means for boarding the ship are unsafe.
  • An electrical wire is exposed.
  • Machinery and equipment fails, injuring seamen.
  • Unseaworthiness claims can also be said to exist if an intoxicated crew member assaults another seaman and leaves him with injuries.

A Temporary Condition can Be Regarded as Unseaworthiness

Maritime Vessel - UnseaworthinessSeamen can claim unseaworthiness even if the condition is temporary. In 1960, the Supreme Court ruled in favor of a seaman who slipped and fell down a ladder because of a rail that was covered with fish slime. The slime remained on the rail from a previous unloading operation. The court ruled that the vessel owner's duty to provide a seaworthy vessel also applied to temporary conditions.  

The bottom line is that a ship owner is not required to maintain a perfect vessel, but is required to maintain a reasonably fit vessel for its purpose. The unseaworthiness doctrine includes every part of the vessel. That means every component of the vessel, from the hull, machinery, and tools on it, to the seaman’s living quarters and the food they eat, must be safe.

Take the example of a vessel that runs out of supplies and docks for restocking. A crew member is sent to shore to shop for supplies and is injured in an accident on shore. The seaman may be eligible for an unseaworthiness claim because the boat was not well stocked with supplies and the seaman was working in service to the vessel, trying to get supplies.

Complex Maritime Law

As you can see, there are several ways a vessel owner may be liable for a seaman's injuries. Very often, claims for unseaworthiness and negligence overlap each other. That is just one reason it is important to consult with a maritime lawyer who understands all the intricacies of the law.

 
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Jones Act Rights: Aggravation of Pre-Existing Medical Condition

One of the rights of a Jones Act seaman is compensation for aggravation of a pre-existing medical condition that occurs in service to a vessel.

Work aboard a vessel is stressful and can involve long hours, repetitive work, and severe physical and mental strain. All of this can exacerbate an existing medical condition. When this happens, the employer may be responsible for the worsening of a seaman’s medical condition.

Maritime VesselThis is why the employer, upon contracting the seaman’s services, will try to assess the seaman's medical condition and history and determine if he suffers from any illness or injury. However, a seaman who willfully conceals an illness or serious injury may not be eligible for benefits if the condition worsens. However, if a seaman was not asked about illnesses or injuries at the time of hiring, he may not be at fault for concealment. Courts are sometimes lenient in regards to a seaman’s failure to disclose illnesses or injuries, because the seaman may believe, in all honesty, that he is completely medically fit for the job, in spite of previous injuries or illnesses.

Employers may be liable for aggravation of a pre-existing medical condition, if the condition is disclosed. For example, if a seaman suffers from epilepsy and conceals this from the employer after being asked about his medical condition, and the epilepsy is aggravated by the stresses of working at sea; then the employer may not be liable for the exacerbation of the condition. On the other hand, a seaman who tells his employer he suffers from epilepsy may be eligible for aggravation of a pre-existing medical condition compensation if the condition worsens in service to the vessel.

These matters are very complicated and it is important to consult with a Jones Act lawyer to understand if you have a claim. 

 
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Vessel Collisions: Prevention, Responsibility, and Filing a Jones Act Lawsuit

Injuries sustained in a collision between two vessels are infrequent, but when they do occur, they can be extremely serious. Read More

A collision with another vessel is a risk that is always present in the maritime industry. As our waterways get more congested, the risks of vessel collisions increase. When a collision does occur, it can leave workers severely injured and traumatized.

A vessel operator's failure to take proper steps to prevent a collision can be the basis for a Jones Act claim. Collisions are almost always preventable. Fishing Vessel CollisionProper lookouts, use of technology designed to detect vessels, and the competence of crew members can prevent vessel collisions. If safety precautions like these are not taken and injuries occur, it is possible the employer may be held responsible.

A Jones Act seaman from Port Arthur filed a lawsuit against his maritime employer for injuries sustained when he fell out of his bunk bed during a vessel collision. On December 18, 2008, Christopher Loc Nguyen, who was working on the fishing vessel The Jennifer and David, was thrown violently from his bunk when the boat struck a barge and tugboat owned by Gulf Oceanic Marine Contractors Inc. According to the lawsuit, Nguyen sustained serious physical injuries. Nguyen also alleges that the bunk beds, on which the workers were sleeping, had no rails to prevent falls. According to the complaint, the defendant failed to keep a proper lookout, failed to yield right-of-way to the tugboat and barge, and there was no one at the helm of the fishing vessel at the time of the accident.

Since Jones Act claims are are a specialized branch of law, it is important to consult with an experienced Jones Act lawyer before you filing a claim.

 
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Inadequately Staffed Ships Pose Risk of Maritime Accidents

The Marine Accident investigation Branch (MAIB) is warning that too many merchant ships are sailing off Britain's coast with an insufficient amount of crew members, increasing the risk of maritime accidents. 

The Chief Inspector of Marine Accidents has highlighted the dangers of understaffing vessels in his introduction to the annual MAIB report, released yesterday. According to chief inspector Stephen Meyer, several vessels sail around the UK without crews sufficient to operate safely. Many ships neglect to have dedicated bridge lookout personnel, this often results in devastating accidents. in January 2008, a cargo ship ran aground in Northern Ireland. It turned out that the lookout officer had been asleep for at least three hours before the vessel ran aground. 

Marine Accident Investigation BranchAccording to the report, five merchant crewmen fatalities occurred last year, compared to twelve in 2007. Eight fishermen died in 2008, which was the same number as 2007. The report warns of complacency as a risk factor in maritime accidents. When crew members get familiar with their jobs, it leads to a sense of complacency, increasing the possibility of errors.

Adequate Amount of Seamen

Employers are required to have a sufficient amount of crew members on their vessel to enable safe operations. A shortage of staff could mean that seamen end up having to perform duties they are not trained for. Crew members may end up working excessively long hours because of staffing shortages, increasing their risk of injury. 

In addition to maintaining an adequate number of crew members aboard the ship, employers are also required to make sure all workers are properly trained to perform their duties. When a seaman sustains injuries because of negligence or incompetence of a fellow worker, the employer can be liable for their injuries.  

The maritime lawyers at Arnold & Itkin LLP represent victims injured in accidents involving cargo ships, cruise liners, towboats, commercial fishing vessels, offshore drilling platforms, and other Jones Act vessels.

Maritime Company to Pay $260,000 in Fines in Fatal Boat Accidents

A New Zealand company will pay fines amounting to more than $260,000 for a fishing boat accident that killed two workers. 

On June 20, 2008, a six-meter fishing vessel, Shikari, was traveling at 23 knots. The speed limit in the area was 5 knots. The boat crashed into a Navy inshore patrol vessel. The skipper of the Shikari, Anton Perano, was killed in the boat accident along with fellow worker, Troy Climo. Other passengers in the Salmon boat were badly injured. One worker suffered multiple broken ribs, a torn aorta, and tendon injuries; and was in a coma for seven days. Another worker suffered fractured ribs and broken teeth. 

Salmon Boat AccidentAccording to a New Zealand maritime lawyer, Perano appeared to be texting just before the accident. He seems to have failed to see the other vessel that was moored in the bay, until it was too late to avoid a collision.  

According to lawyers for New Zealand King Salmon, Perano was an experienced skipper who had traveled that particular route at least 5 times a week and thousands of times over the past 12 years. His normal route involved docking at the eastern side of the bay, but on the day of the tragedy, the boat was on its way to drop passengers on the western side.

New Zealand King Salmon faced four charges, including failure to take steps to ensure the safety of its workers. It was fined $60,000 for that violation and another $6,000 for being six days overdue on its Safe Ship Management Certificate. The company was also fined $3,000 for the fact that Perano had a Local Launch Operator Certificate that was 12 days overdue. Reparations of $60,000 each will be paid to the families of the deceased, while $20,000 will be paid to each of the survivors. 

Jones Act Seamen

In the U.S., a Jones Act seaman who suffers injuries because of another maritime worker's negligence may be eligible for compensation from his employer.  The maritime lawyers at Arnold & Itkin LLP represent victims injured in accidents involving cargo ships, cruise liners, towboats, commercial fishing vessels, offshore drilling platforms, and other Jones Act vessels.