Relief Well Nears Completion As Government Pledges Support For Long-Term Recovery

In a recent media interview, National Incident Commander Thad Allen confirmed that the cement plug placed atop BP's damaged well appears to have resulted in a successful "static kill" of the horrific crude oil leak that has persisted since the sinking of the Deepwater Horizon drilling platform in late April.  Even as pressure monitoring and acoustic surveys offered reassurance that the well had been capped, Commander Allen stressed that BP would complete its efforts toward finishing a relief well.

The relief well would seal the primary drilling bore permanently by cementing the bore deep underground.  Commander Allen related that he had spoken personally with BP's new CEO, Robert Dudley, to ensure that the relief well would be finished.  To that end, workers are now drilling on the final 100 feet of the relief well, proceeding slowly to ensure that they connect with the primary well as the drilling phase nears completion.

Commander Allen spoke on these issues, and the government's commitment to overseeing and enforcing a long-term recovery effort, in an August 8th appearance on NBC's news program Face the Nation.

As to the Gulf recovery effort, Commander Allen emphasized, "We've got a commitment to be there."  He went on to state, "BP is responsible.  We're going to hold them accountable."

For more information on the Gulf of Mexico disaster recovery effort and other maritime issues, please visit www.GulfCoastMaritime.com.

If you have questions regarding a maritime incident or have suffered a maritime injury, contact Arnold & Itkin LLP toll free at 866-222-2606 for a free consultation.

 

 

 

Gulf Oil Spill's Full Financial Impact Remains Unclear

Houston attorney Kurt Arnold recently expressed the shared sense of relief “that after three months, oil apparently is no longer spilling into the Gulf.”  But despite BP's progress on stemming the flow of crude that had been gushing from the seafloor, Arnold explained, “it will take much longer to assess the true economic damage of this environmental catastrophe. An accurate assessment of economic damages to Gulf residents and individuals must be made, and BP and other responsible parties must pay the tab.”

Jason Itkin, a fellow partner with the Houston law firm Arnold & Itkin LLP, echoed Arnold’s concern.  According to Itkin, any final tally of economic damages associated with the oil spill must encompass future losses that might result from the catastrophe.  Itkin cited issues such as a failure in the recovery of commercial fish stocks, or a slow rebound in the Gulf Coast’s tourism industry.  Those types of events could leave businesses and individuals suffering economic losses for years to come.

“It is easy to lose sight of the fact that the Gulf Coast’s  economic losses don’t stop when the oil stops flowing,” Itkin cautioned.

Arnold & Itkin LLP is a Houston, Texas, law firm that represents individuals and business harmed by the Deepwater Horizon oil spill.

For more information, please visit the firm's additional coverage at GulfCoastMaritime.com.

 

 

Worker Reported Problem With Deepwater Horizon Blowout Preventer Before Explosion

A Deepwater Horizon worker reported a problem with the oil rig's blowout preventer weeks ahead of the fatal explosion that led to the platform's fiery destruction.

During a recent interview, Tyrone Benton explained to the BBC that he reported a fault in one of the blowout preventer's two control pods.  Rather than shutting down operations while a repair was effected, however, officials instead deactivated the faulty pod, leaving only one remaining pod online in the event of an emergency.

Mr. Benton's statements echo those of Chief Electronics Technician Mike Williams.  Shortly after the loss of the Deepwater Horizon, Mr. Williams told CBS News magazine 60 Minutes that one of the control pods on the oil rig's blowout preventer suffered from a hydraulic leak and a weak battery, and that the blowout preventer also had suffered a failure in a seal necessary to conduct reliable pressure tests of the well.

More information about Mr. Benton's disclosures is available at www.GulfCoastMaritime.com.

Arnold & Itkin LLP also maintains a website providing ongoing coverage of the Deepwater Horizon tragedy and associated litigation:  transoceanlawsuits.com.

For a free consultation regarding a maritime accident or injury, contact a maritime lawyer now at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Pappas Restaurants Inc. Sues BP, Others For Damage To Seafood Business

Arnold & Itkin LLP has filed suit against BP and other companies on behalf of Pappas Restaurants Inc.

The suit, filed on May 13 in Galveston County Court No. 2, alleges that the Houston-based restaurant chain's business suffered irrevocable damage due to the massive oil spill in the Gulf of Mexico that resulted from the April 20 Deepwater Horizon explosion.  In particular, Pappas Restaurants Inc. alleges that it has been substantially impaired in its ability to make fresh seafood catches.

For more information, please visit:

GulfCoastMaritime.com and www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Minerals Management Service Failed To Carry Out Certain Deepwater Horizon Inspections

A new media report indicates that the Minerals Management Service failed to conduct certain monthly inspections of the Deepwater Horizon oil drilling platform before the rig's fiery destruction.  In the 16 months beginning January 2009 and ending April 2010, the MMS apparently failed to inspect the Deepwater Horizon no less than four times:  May 2009, August 2009, December 2009, and January 2010.

The MMS cited equipment issues, such as the servicing and repair of helicopters needed to reach the platform, and foul weather as some of the reasons why the monthly inspections were not made.

For more information, please visit Arnold & Itkin LLP's ongoing maritime accident and injury coverage at GulfCoastMaritime.com.

Arnold & Itkin LLP also offers additional information about the Deepwater Horizon accident, as well as general maritime legal news updates, at these sites: 

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

 

 

Early Evidence Links Deepwater Horizon Accident To Unrepaired Equipment, Operator Errors

A Deepwater Horizon survivor recently spoke about his dramatic escape from the fiery drilling rig during an interview broadcast on the premiere CBS News magazine 60 Minutes.  The experiences described by the worker went beyond the horrific destruction of the drilling rig, however.  As an eyewitness to events on the platform in the weeks preceding its loss, the worker was able to offer key information that contributed to an expert analysis of the catastrophic accident by Whitehouse-appointed investigator Dr. Robert Bea.

For more information, including video of the worker's tale of his narrow escape and Dr. Bea's account of events giving rise to the loss of the Deepwater Horizon, please visit GulfCoastMaritime.com.

More information also is available at Arnold & Itkin LLP's website dedicated to ongoing coverage of the Deepwater Horizon tragedy:  transoceanlawsuits.com.

Arnold & Itkin LLP is a Houston law firm that specializes in maritime injury cases.  For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606. 

Arnold & Itkin LLP Lawsuit Seeks Damages For Worker Injured While Moving Ship's Mast

Arnold & Itkin LLP maritime injury attorneys Kurt Arnold and Paul Skrabanek have filed suit on behalf of a worker who was injured while helping lift a ship mast. The plaintiff and co-workers were lifting the mast when two of the workers improperly shifted the load onto the plaintiff.  The incident resulted in a severely herniated disc in the plaintiff's back. The injury suit is pending in Galveston County Court.

For more information about maritime injuries and the services offered by Arnold & Itkin LLP, please visit:

www.GulfCoastMaritime.com

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Transocean Petitions To Limit Liability In Deepwater Horizon Catastrophe

As anticipated, affiliates of Transocean Ltd. have filed a petition to exonerate themselves from, or limit their liability as to, claims arising from the personal injuries and deaths, property damage, and environmental damage associated with the destruction and sinking of the Transocean Deepwater Horizon drilling platform.  Transocean's admiralty and maritime petition was filed on May 13, 2010, in the United States District Court for the Southern District of Texas, Houston Division.

The Houston, Texas, law firm of Arnold & Itkin LLP represents several survivors of the Deepwater Horizon accident.

The firm has released a new website dedicated to the legal questions, issues, concerns, and updates surrounding the Transocean Deepwater Horizon blowout, explosion, and subsequent oil spill. Some of the topics covered by www.TransoceanLawsuits.com include:

  • The companies involved and their responsibilities, including BP, Transocean, Halliburton, Cameron International Group, and the MMS.
  • Possible Causes including the Blowout Preventer, the Cementing Process, and Methane Pockets.
  • Types of Injuries: PTSD, Wrongful Death, and Burn Injuries.

To learn more about the different types of legitimate legal claims and who is eligible to file, please visit:www.TransoceanLawsuits.com.

Arnold & Itkin LLP Attorneys Recover $1.55 Million Settlement for Injured Worker

Arnold & Itkin LLP personal injury attorneys Jason Itkin and Cory Itkin recently won a $1.55 million jury verdict on behalf of a worker who was seriously hurt while employed as a ship repairman at a Port of Houston marine terminal operated by APM Terminals North America, Inc. Defendant APM Terminals disputed liability and attempted to minimize the extent of the plaintiff's significant neck injury. The highest pretrial settlement offer from APM Terminals was only $35,000.

Arnold & Itkin LLP is proud to have stood by its client and to have recovered the compensation that he deserved. The case was pending in Harris County, Texas, with the Honorable Jaclanal McFarland presiding.

For more information on the jury verdict, please visit:

www.GulfCoastMaritime.com

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

USCG, MMS Announce Investigation Into Deepwater Horizon Incident

The U.S. Coast Guard (USCG) and Minerals Management Service (MMS) have announced that they will co-chair an investigation starting May 11, 2010, to identify the factors leading to the explosion, loss of life, sinking, and subsequent oil spill of the Deepwater Horizon Mobile Offshore Drilling Unit, which began on April 20, 2010.

A public hearing for the joint investigation will be held May 11-12, 2010 8 a.m. to 5 p.m. (CDT) at the Crowne Plaza Hotel, 2829 Williams Blvd.KennerLa.  A list of witnesses and additional information can be found on the Deepwater Investigation Web site:  www.deepwaterinvestigation.com.

For more information on the Transocean Deepwater Horizon accident, please visit Arnold & Itkin LLP's new maritime injury blog, GulfCoastMaritime.com, and its dedicated coverage at transoceanlawsuits.com.

Arnold & Itkin LLP provides additional maritime personal injury coverage via Twitter and Facebook.

 

 

Transocean Sought Waivers From Deepwater Horizon Evacuees

During a recent appearance on Anderson Cooper 360, CNN's premiere nightly news program, maritime injury attorney Kurt Arnold described how Transocean officials sought to protect the company at evacuees' expense in the immediate aftermath of the catastrophic explosions and fire aboard the Deepwater Horizon.

Arnold explained in particular how Transocean representatives pressured employees to sign statements in which they disavowed being injured or having witnessed the horrific accident aboard the oil platform.

"What you really need to understand is that the litigation machine took place right away.  Most of these survivors were on a boat that should have gone to shore, but instead, they kept them out right by the drilling rig, watching the fires, essentially where their friends had perished or were missing.  And they kept them there, so that . . . they could get their litigation machine essentially in place," Arnold admonished.

Arnold observed in closing that Transocean's consistent response toward the evacuees in the days following the accident has been to claim publicly that the company intends to take responsibility for the harm done to its workers, while at the same time it has been taking private steps to "ultimately put them in a bad situation."

For more information on the Transocean Deepwater Horizon accident, please visit Arnold & Itkin LLP's new maritime injury blog, GulfCoastMaritime.com, and its dedicated coverage at transoceanlawsuits.com.

Arnold & Itkin LLP provides additional maritime personal injury coverage via Twitter and Facebook.

 

 

Arnold & Itkin LLP Attorneys Recover $925,000 Settlement for Injured Deckhand

Maritime injury attorneys Kurt Arnold, Michael Pierce and Jason Itkin obtained a $925,000 settlement on behalf of a deckhand who was injured when his leg became entangled in a rope after the captain accelerated his boat unexpectedly.  Although the defendants claimed contributory negligence, the Arnold & Itkin LLP attorneys marshaled evidence showing that the training afforded the new deckhand was insufficient and that the captain was negligent in his handling of the boat.

For more information, visit Arnold & Itkin LLP's new maritime injury blog.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Arnold & Itkin LLP Attorneys Recover $900,000 Settlement For Oil Platform Worker

Maritime injury attorneys Kurt Arnold and Paul Scrabanek obtained a $900,000 settlement in favor of an oil platform worker who suffered injury during a basket transfer between a jack-up rig and a crew boat.  The operator of the crane that was hoisting the basket dropped the worker too quickly.  As a result of being slammed down in the basket, the oil rig worker suffered a herniated disc that required surgery.

For more information, visit Arnold & Itkin LLP's new maritime injury blog.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Arnold & Itkin LLP Lawsuit Seeks Damages For Workers Injured And Killed In Deepwater Horizon Catastrophe

Houston maritime attorney Kurt Arnold has filed suit against BP, Transocean and others on behalf of several workers who were injured or killed in the Deepwater Horizon explosion and its aftermath. The suit, filed in Galveston County, Texas, alleges that the defendants were negligent in the oil rig's operation and that the Deepwater Horizon was not seaworthy.

Three of the plaintiffs are survivors of the now-lost drilling platform.  Joshua Kritzer, Bill Johnson and Nick Watson each escaped the Deepwater Horizon after the platform was rocked by explosions and became engulfed in fire.  Afterward, they were kept aboard lifeboats for more than ten hours, unable to contact family, as the rig burned nearby.

The lawsuit also seeks damages in the death of Aaron Dale Burkeen, one of 11 workers missing and presumed dead after the horrific explosion.  Burkeen was a crane operator aboard the oil rig. He died onboard while attempting to help fellow crew members evacuate the burning structure.  Arnold & Itkin LLP represents the surviving wife and son of Mr. Burkeen, who was a longtime employee of Transocean at the time of his death.

The Houston, Texas, law firm of Arnold & Itkin LLP have released a new website dedicated to the legal questions, issues, concerns, and updates surrounding the Transocean Deepwater Horizon blowout, explosion, and subsequent oil spill: www.TransoceanLawsuits.com.

For more information on this and other maritime injury matters, please also visit:

www.GulfCoastMaritime.com

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Arnold & Itkin LLP Recovers $3 Million For Louisiana Seaman Who Suffered Hand Injury

Maritime attorney Kurt Arnold represented a seaman from Leesville, Louisiana, who injured his hand while working on a drilling rig in the Bay of Campeche in the Gulf of Mexico. Arnold filed suit on behalf of the seaman in Texas, where the drilling company was based. The suit sought recovery of future medical expenses, past and future lost wages, and damages for pain and suffering. After months of negotiations, Arnold obtained a $3,000,000 settlement for the injured seaman.

For more information, please visit:

www.Jones-Act-Maritime-Lawyer.com and

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

 

Arnold & Itkin LLP Files Suit Against Transocean And BP On Behalf Of Injured Oil Rig Worker

Houston maritime injury lawyer Kurt Arnold filed suit in Galveston County, Texas, on behalf of an offshore oil industry worker who was injured in the April 20, 2010, explosion aboard the Deepwater Horizon. The lawsuit alleges that the defendants named in the lawsuit acted with negligence and wanton disregard for the health and safety of the plaintiff and his co-workers.

After being thrown from his bed by the force of the explosion, the plaintiff made his way through the ensuing fire and was one of the last crew members to reach a life raft. The plaintiff attempted to assist a friend who suffered fatal injuries in the second blast on the rig, then took steps to account for members of his crew on the life raft. 

For more information, please visit:

www.GulfCoastMaritime.com

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

 

Arnold & Itkin LLP Files Suit Against Transocean And BP On Behalf Of Worker Injured In DEEPWATER HORIZON Explosion

Houston maritime injury lawyer Kurt Arnold filed suit on behalf of a Louisiana resident who was injured on the DEEPWATER HORIZON following the oil rig's explosion on April 20, 2010. The injured plaintiff was knocked unconscious by the force of the blast. After he recovered, the plaintiff had to free himself from a collapsed ceiling. He then made it to a life raft, but not before suffering serious injury.

Arnold filed the case in Galveston County, Texas, which is the same county where the BP Texas City explosion occurred, killing and injuring hundreds.

For more information, please visit:

www.GulfCoastMaritime.com

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

 

Federal Trust Fund Offers Potential Source Of Recovery For Those Affected By Deepwater Horizon Oil Spill

The oil spill resulting from the catastrophic loss of the Deepwater Horizon represents an unprecedented environmental and economic hazard to the Gulf Coast of the United States.

As those ashore nervously await the arrival of the oil spill, questions naturally arise as to what compensation may be available for the losses likely to be inflicted.

A potential source of compensation is the federal Oil Spill Liability Trust Fund (OSLTF).  In particular, any person or organization adversely affected by an oil spill is entitled to submit a claim for compensation from the OSLTF.

For more information on claims covered by the OSLTF, visit Arnold & Itkin LLP's full discussion at GulfCoastMaritime.com.

 

Updates on Gulf Coast Oil Spill & Transocean Rig Accident

(1) Latest photograph showing growing oil spill approaching Mississippi Delta and Louisiana Coastline: http://earthobservatory.nasa.gov/IOTD/view.php?id=43846 (4/29)

(2) CBS: Oil Spill Could Equal Damage from Exxon Valdez
Environmental experts say the damage caused by the oil spill unfolding in the Gulf of Mexico may equal or even eclipse the 1989 Exxon Valdez spill off the southern coast of Alaska, the worst oil spill in U.S. history and one of the worst environmental disasters in decades.

Federal officials said Thursday that oil is gushing into the Gulf of Mexico five times faster than previously thought, after a deep-water rig exploded and sank there -- and the massive slick is expected hit ecologically fragile shores at any time.

http://www.cbsnews.com/stories/2010/04/29/national/main6445490.shtml


(3) BP To Try Novel Approach
Starting later tonight (4.29.2010), BP will attempt to use a series of chemicals that are intended to break up the oil underwater. While never tried at these depths before, the research suggests that this might be a helpful strategy as crews work to stave off an environmental catastrophe.

http://houston.bizjournals.com/houston/stories/2010/04/26/daily48.html


(4) Efforts to Cap and Contain Gulf Coast Oil Spill Welcomed But Maritime Worker Safety Also Important
Workers trying to seal a blown-out oil well spewing thousands of gallons of crude into the Gulf of Mexico face serious risk of injury because of the challenging work environment and complexity of the task, Houston maritime attorney Kurt Arnold said.

“Oil rig workers have proven time and again that they can accomplish amazing things,” Arnold said. “But these are complex operations and there are no dress rehearsals for capping a well nearly a mile underwater. As the companies work to clean up oil from the leaks, it’s imperative that they observe proper safety precautions to avoid putting workers in harm’s way and magnifying the injuries and deaths from the original explosion of the Deepwater Horizon.”

http://www.prweb.com/releases/2010/04/prweb3940554.htm

 

 

Officials Plan Attempt To Burn Oil To Protect U.S. Coast

The United States Coast Guard will attempt to ignite some of the oil spill now drifting in the Gulf of Mexico in the aftermath of the explosion and sinking of the Transocean, Ltd., oil rig Deepwater Horizon.  The goal is to burn off much of the petroleum before it reaches the commercially and ecologically sensitive Gulf Coast shoreline.

Reports indicate that some 42,000 gallons of crude oil per day continue to flow out of a broken pipe attached to the wellhead where the Deepwater Horizon was drilling.

The spill is not expected to reach land for at least three days, but some of the areas of potential landfall include ecologically sensitive wetlands and wildlife refuges.  Also potentially affected are the commercial interests of fishermen, not only those who harvest from the open waters of the Gulf, but also those who operate shrimp and oyster fisheries near the coastline.

According to the New York Times, the Obama administration is expanding its investigation of the explosion that led to the Deepwater Horizon’s sinking.  The investigation will include inquiry into whether criminal or civil violations occurred on the part of the platform operators and related entities.

Houston maritime attorneys Kurt Arnold and Jason Itkin recently observed that the catastrophic explosion aboard the oil rig underscored the need for additional safety measures in the offshore oil industry.  “Greater safety measures need to be taken to prevent future accidents like this,” said Arnold.

As of April 28, the destruction of the Deepwater Horizon has resulted in the loss of eleven workers who are missing and presumed dead, injury to other maritime workers on board the oil platform, potentially disastrous environmental damage to the marine environment and sensitive coastal areas, and risks to the livelihood of commercial fishermen in the Gulf of Mexico.

For additional information, see Arnold & Itkin LLP's ongoing maritime injury coverage at the firm'sTwitter and Facebook pages.

 

 

 

 

Cruise Ship's Emergency Maneuver Injures Passengers

Carnival Cruise Lines reports that on April 21st one of its ships, Carnival Ecstasy, was forced to make a sharp turn to avoid a partially submerged buoy in the Gulf of Mexico.  At least 60 passengers suffered injury when the emergency maneuver caused the vessel to list heavily.  The unexpected maneuver tossed about passengers and furniture, brought tableware and glassware crashing to the floor, and dumped water from a swimming pool.  After debarking, some passengers disputed Carnival's explanation, asserting instead that the cruise ship was headed for a sand bar when it made the abrupt turn.

For more information on the incident, visit Arnold & Itkin LLP's new maritime injury blog.

The firm is pleased to offer additional ongoing coverage of maritime incidents and developments in maritime law at its Twitter and Facebook accounts.  Please visit them today!

 

Arnold & Itkin LLP Files Suit On Behalf Of Injured Texas Shrimper

Arnold & Itkin LLP maritime attorneys Kurt Arnold and Paul Skrabanek, together with Corpus Christi attorney Jerry Trevino, have filed suit on behalf of an injured Texas shrimper.  The shrimper was a seaman aboard the vessel Double E when the Captain recklessly operated a piece of equipment that struck the shrimper in the head.  The sudden blow to the head knocked the shrimper to the deck of the boat, where he again struck his head.  In addition to receiving a closed head injury, the shrimper suffered severe injuries to his neck and back.

Unfortunately for the shrimper, the defendant named in the suit subsequently did everything it could to ensure the shrimper did not receive access to adequate medical care.

The case is pending in Aransas Pass County, Texas.

For more information on Arnold & Itkin LLP's efforts to protect the health and safety of maritime workers, visit the firm's new Jones Act and Maritime Injury blog.

And, if you have any questions regarding a maritime incident, or if you have suffered a maritime injury, contact a maritime attorney online now at Arnold & Itkin LLP.  You can also schedule your free consultation by calling us toll free at 866-222-2606.

 

 

Search Continues for Deepwater Horizon's Missing Workers

Search and rescue operations continued as the United States Coast Guard and others dealt with the aftermath of the massive April 20 explosion on the Gulf Coast oil exploration rig Deepwater Horizon.

Despite best efforts to contain the blaze, the oil rig could not be salvaged. The platform sank Thursday morning, April 22.

Experts suspect that a well blowout may have been responsible for the catastrophic event.  Federal officials are assembling teams to investigate the accident.

As observed by Houston maritime injury lawyer Kurt Arnold during an interview with the Houston Chronicle shortly after the tragic explosion, “Unfortunately, the rise of incidents offshore are increasing as the exploration for oil and gas increases.  Many companies talk about their safety record, but the majority of accidents are not reported or misclassified. Unlike on land, there is little oversight."

The newspaper found that over 500 fires have been reported on offshore oil rigs since 2006, including nine major fires that killed at least two people and seriously injured twelve others. At least 35 fatalities were due to Gulf of Mexico oil rig accidents, of whatever kind, during the same time period, the paper said.

In a separate interview with Houston ABC affiliate KIAH-TV, Mr. Arnold observed that Occupational Safety and Health Administration (OSHA) regulations do not apply to maritime operations in the Gulf of Mexico. Mr. Arnold, whose firm Arnold & Itkin LLP has represented injured maritime workers in ten lawsuits against rig owner Transocean during the past five years, was familiar with instances in which companies “cut corners” in ways that jeopardize worker safety.

Offshore petroleum industry personnel such as those who worked aboard the Deepwater Horizon are protected by the Jones Act, a federal law that allows injured maritime workers and their families to recover money damages for their injuries.

As a member of the National Mariner’s Association (NMA), an advocacy and watchdog group that seeks to improve the safety, health and social stability of U.S. mariners, Arnold & Itkin LLP remains intent upon enhancing and promoting the safety of offshore workers.

Seventeen of the evacuated workers were known to be injured, with three reportedly having suffered critical injuries. The workers' injuries included burns, broken bones, and smoke inhalation.

Authorities could only hope that the missing workers fled the Deepwater Horizon in a lifeboat, as did many of the workers who were safely evacuated. The latter were picked up at sea by other vessels which responded to the calamity.

The environmental toll surrounding the loss of the Deepwater Horizon remains uncertain but is likely to be substantial.

For the latest information on the Deepwater Horizon catastrophe, visit and subscribe to Arnold & Itkin LLP's maritime injury coverage, which is just a portion of the maritime personal injury information offered by the firm in support of its ongoing efforts to enhance maritime safety.

About Arnold & Itkin LLP

The lawyers at Arnold & Itkin LLP are aggressive advocates who understand the complexities and legalities of maritime law and have a successful track record of verdicts and settlements. If you or a loved one have been injured in an oil rig or other maritime accident, our goal is ensure you get the compensation you deserve. We have the expertise to handle maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama.

If you or a family member has suffered a maritime injury, call us toll free at (866) 222-2606 or contact us online using the form on this page. We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Transocean Rig Explosion

An explosion on a Transocean semisubmersible drilling rig Deepwater Horizon in the U.S. Gulf of Mexico has left dozens seriously injured and many crew are still missing. Transocean's Emergency and Family Response Teams are working with the U.S. Coast Guard and lease operator BP Exploration & Production, Inc. to care for all rig personnel and search for missing rig personnel. The Deepwater Horizon rig is reported to have had 126 workers on board at the time of the explosion late Tuesday night.

For its part, the Deep Horizon remained afloat but was seen to be listing.

Jason Itkin, another Houston maritime injury lawyer, called for the creation of an offshore worker safety task force.

“Our firm is a member of the National Mariner’s Association, and we have a deep interest in increasing and promoting the safety of offshore workers,” Itkin said. “Accidents like this show additional safety measures are needed now.”

It's unclear at this time what caused the disaster, but the speculation is that the rig likely suffered a blow out while cutting through rock some 18,000 feet down at BP's Macondo prospect in an area known as Mississippi Canyon Block 252.

For More Information:
http://www.twitter.com/MaritimeInjury
http://www.gulfcoastmaritime.com 
http://jones-act-maritime-lawyer.com/oil-rig-explosion-injuries.php 

Arnold & Itkin LLP Attorneys Recover $850,000 Settlement for Injured Dive Boat Worker

Arnold & Itkin LLP attorneys recently obtained an $850,000 settlement on behalf of a dive boat worker injured by unsafe conditions on the vessel on which he was working.  For more information, please visit the firm's new Jones Act and Maritime Injury blog.

Arnold & Itkin LLP maritime lawyers won a $675,000 settlement for a Jones Act seaman who had a back injury that did not require surgery.

Arnold & Itkin LLP maritime lawyers Jason Itkin, Cory Itkin, and Mike Tilton won a $675,000 settlement for a Jones Act seaman who had a back injury that did not require surgery. The Plaintiff, who lives in Florida, hurt his back when he fell approximately 3 feet while working alone. The Defendant refused to pay maintenance and cure because the client failed a post-accident drug screen. As a result of the company’s failure to honor its cure obligations, Arnold & Itkin worked hard to make sure that the firm’s client still received proper medical care. Arnold & Itkin filed the suit in Beaumont, Texas and settled the case just days before trial.

Yacht Manufacturer Settles Suit Filed By Sailor's Widow

Cape Fear Yacht Works recently agreed to settle wrongful death and related claims filed by Linda Stone.  Stone's husband, Roger Stone, was killed when the 38-foot racing yacht Cynthia Woods capsized during a 2008 regatta in the Gulf of Mexico.

The Cynthia Woods was manufactured by Cape Fear Yacht Works and donated to Texas A&M University by Galveston billionaire and Texas A&M graduate George P. Mitchell.  Mitchell's son owns and operates Cape Fear Yacht Works.

According to investigation reports, a Texas A&M University-Galveston Sea Aggie sailing team, including safety officer Roger Stone, were en route from Galveston to Vera Cruz, Mexico, as part of a regatta when the 5,000-pound lead keel of the Cynthia Woods broke apart.  The vessel promptly capsized and later sank.  Stone was killed, but his crewmates survived, spending some 26 hours adrift before being rescued by the U.S. Coast Guard. 

Investigations by the U.S. Coast Guard and the Texas A&M University System reached conflicting results as to the cause of the vessel's keel failure.  The Coast Guard attributed the accident to improper repairs after the Cynthia Woods had been run aground, while the university cited inadequate design and construction of the vessel.
 
As noted here shortly after suit was filed, Linda Stone sought damages from several parties, including Cape Fear, boat designer Bruce Marek, and Payco, Inc., which made repairs on the boat.
 
Cape Fear Yacht Works, joined by Marek, entered into the settlement with Linda Stone, while her action against Payco continues.
 
Maritime claims such as Stone's demonstrate the need for aggressive advocacy on behalf of survivors after a vessel is lost at sea.
 
If a maritime injury occurs, it’s crucial for the victim or their family to contact a maritime lawyer as soon as possible.  Relying on a lawyer unfamiliar with maritime law can result in reduced or lost benefits.
 
To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLC, or call the maritime law office of Arnold & Itkin LLC toll free at 866-222-2606.

Houston Maritime Attorneys Cory Itkin and Kurt Arnold Settle Maritime Worker's Neck Injury Case for $2,000,000

Arnold & Itkin LLP maritime attorneys Cory Itkin and Kurt Arnold successfully obtained a $2,000,000 settlement on behalf of a maritime worker who was injured when the geological survey vessel on which he was employed struck an unlighted caisson in the Gulf of Mexico.  The plaintiff was standing next to the vessel's captain in the wheelhouse on the night when the accident occurred.  Itkin and Arnold negotiated recoveries in the vigorously-defended case from the plaintiff's employer, the vessel's owner/operator, the owner/operator of the caisson, and other defendants, for a total of $2,000,000.

Fatal Parasail Accident Leads to Coast Guard Testing

In response to a parasailing accident that claimed the lives of two women off Ocean Isle Beach, North Carolina, the United States Coast Guard recently engaged the National Transportation Safety Board to test equipment involved in the mishap. 

According to witness reports, Lorrie Shoup of Granby, Colorado, and Cynthia Woodcock of Kernersville, North Carolina, were aloft in a boat-towed parasail near the beach when gusty winds from a passing frontal boundary overloaded the tow line.  The line snapped, separating the still-harnessed women from the commercial operator's tow boat.  High winds carried the women down the beach, flipping them over and slamming them repeatedly into the wave tops.  The North Carolina Medical Examiner's Office determined that the women were killed by blunt trauma.

The Coast Guard's investigation now includes physical testing of the parasail equipment used by the parasail operator.  A focus of the inquiry is the tow line that connected the parasail to the tow boat.  In that regard, the Coast Guard's particular interest is determining the wind load that the equipment can tolerate.

The Coast Guard also is reviewing the actions of the parasail operator before and after the accident.  Indications are that a special weather warning regarding approaching storms was broadcast around the time the parasail boat entered the nearby intracoastal waterway as it headed to its ocean operations area.

A formal report by the Coast Guard is not expected for several months.  The agency became involved in light of the fatalities and the large number of parasail operators along the Atlantic coast, with its many beaches popular with tourists.

The women's families have filed lawsuits in North Carolina state court.  In the meantime, the defendants have sought protection in federal district court pursuant to the federal Limitation of Liability Act.  Under that statute, enacted by Congress in 1851, a vessel owner's liability for property or personal injury damages can be limited to the value of the ship.  The limitation does not apply, however, if an injured victim can prove the vessel owner had knowledge of negligence or an unseaworthy condition that caused the accident or injury.

If you have questions about a maritime incident, or if you've suffered a maritime injury, it's important to contact an experienced maritime attorney.  Maritime laws can be complicated, making it critical to receive knowledgeable, professional guidance and, if necessary, representation regarding your personal injury or other maritime claim.  Contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

 

 

Coast Guard rescues commercial fishermen after collision with their own oyster dredge

Yesterday afternoon, the U.S. Coast Guard dispatched a utility boat from Station Crisfield in Maryland to rescue the Helen Virginia, a 45-foot commercial fishing vessel that was sinking. Fortunately for the crew of the fishing vessel, there was a good Samaritan nearby who was able to radio in the mayday, and the Coast Guard boat was already underway, so they arrived at the accident scene within two minutes of the call.

According to the Coast Guard report, the Helen Virginia was taking on water after it hit a oyster dredge they were using.

Considering what could have happened, thanks to the Coast Guard this incident had a happy ending. The crew was safely transferred from the fishing vessel, and the rescue crew was able to pump out more than 3,000 gallons of water to refloat the vessel and effect a temporary repair, so that Helen Virginia could be towed safely back to Scott’s Cove Marina in Chance, Md.

Negligence, Unseaworthiness and Crew Safety

Examining this incident from a maritime lawyer’s perspective raises several red flags concerning crew safety.

First, why did the vessel come into contact with the oyster dredge? If a maritime injury had occurred and a crewmember decided to file a Jones Act claim, the likely culprits would either be negligence on the part of the vessel’s skipper for hitting the dredge or negligence on the part of the dredge operator for allowing it to hit the vessel. If there was a failure in the dredge equipment that caused it to contact the Helen Virginia, that would be probably be considered faulty design or unsafe equipment – both of which are grounds for a claim under the Unseaworthiness Doctrine.

The second question would be how did contact with the dredge result in holing the fishing vessel? If contact with a dredge is even a possibility, shouldn’t the vessel be built strong enough to withstand that impact? Again, the vessel would likely be deemed unseaworthy in a court of law if a dredge was used and the vessel was not built well enough to withstand an impact from the dredge.

Lastly, the fact that Helen Virginia had to rely on a good Samaritan to call in the rescue, calls into question the fishing vessel’s communication equipment. If the vessel was operating beyond the range of its radio, the vessel might be considered unseaworthy because it was operating beyond its capabilities. If there was no redundant communications equipment, like a handheld radio in case of power loss or destruction of the primary radio, the vessel might also be deemed unseaworthy on those grounds.

Maritime laws like the Jones Act and the Unseaworthiness Doctrine can be complex. If a maritime injury occurs, it’s crucial for the victim or their family to contact a maritime or Jones Act lawyer as soon as possible, because using a lawyer unfamiliar with maritime law can result in reduced or lost benefits. To discuss a case with an experienced maritime lawyer, please fill out the FREE Case Review form on this page or call the maritime law office of Arnold & Itkin toll free at 866-222-2606

North Carolina port closed due to high explosive hazardous material spill

The state port in Morehead City, N.C. was closed and evacuated yesterday when, according to reports, a forklift operator punctured at least one container of the high explosive known as PETN. PETN (pentaerythritol tetranitrate) is one of the most powerful high explosives known and is often used as a plastic explosive. Like nitroglycerin, it is also used as a drug to treat certain heart conditions. PETN is more difficult to ignite than primary explosives, but it is sensitive to friction and shock.

Although no injuries were reported, the main access road to the port, U.S. 70, is closed and officials expect it to remain closed for the rest of the day. Clean-up crews are now on the scene and working to clear the area. The captain of the port ordered the facility closed and excluded vessels from operating near the area. According to the Coast Guard, they have established a two-mile safety zone around the port until the situation is resolved.

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Wrongful death verdict may change tugboat operations, liability

A recent ruling by a federal judge has tugboat operators’ attention.

On December 18, 2009, the family of Freddie Porter, Jr., a U.S. Navy seaman who died as the result of a maritime injury, was awarded $1,250,000 by Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia. The accident occurred when the Rigid Hull Inflatable Boat (RHIB) carrying Porter was struck by one of eight barges in a flotilla propelled by the tugboat William E. Polle owned by Vulcan Materials Company. While the rest of the RHIB’s crew swam to safety, Porter was sucked under a barge in the 600-foot flotilla and killed by the tugboat’s propellers.

Although the judge ruled that the Navy was primarily at fault for ordering an inexperienced crew with inadequate supervision to conduct a nighttime navigation exercise as part of the sailors’ SEAL (sea, air and land) special forces training, 20 percent of the liability (which in the court’s opinion amounted to $1,250,000) was assigned to Vulcan because the maritime injury case proved that Vulcan failed to post a proper lookout, which in the opinion of the court would have prevented the collision.

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Holiday tradition marred by recreational maritime accident

One of San Diego’s favorite holiday traditions was marred by a tragic accident that occurred when a U.S. Coast Guard vessel struck a pleasure boat, injuring five people and killing eight-year-old Anthony Cole DeWeese of Rancho Peñasquitos, California.

The incident occurred during the 38th annual San Diego Bay Parade of Lights, which attracts more than 80,000 spectators each year. According to reports, 13 people aboard a 26-foot Sea Ray had just finished watching fireworks and were waiting for the boat parade to start when they heard a USCG vessel speeding toward them at approximately 30 to 40 knots.

Law enforcement officials examine the 26-foot Sea Ray damaged by Coast Guard boat.According to witnesses, the 33’ Coast Guard vessel was responding to an emergency call from a grounded boat and was traveling fast with its lights on. The boy’s father, Alan DeWeese, said he tried to maneuver the boat out of harm’s way.

“I thought he was going to turn at some point,” said DeWeese. “He came up so fast, I didn’t have time to react.”

In addition to Anthony DeWesse, who died at UCSD Medical Center about an hour after the incident, two other children suffered minor injuries and were taken to Rady Children’s Hospital. Two adults suffered major trauma and were taken to UCSD Medical Center. Paramedics performed CPR on a third adult before he too was taken to UCSD Medical Center.

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MOB tragedy underscores complexity of maritime law

An incident occurred last Tuesday off the coast of Massachusetts that highlights the dangers of working in the maritime industry, and also reveals the complex legal issues that come into play when an accident occurs on the water.

Jaime Ortiz, 43, fell off a 39-foot lobster boat based in Gloucester, Mass., prompting an immediate search that included boats owned by local harbormasters, police and numerous local fishermen. Ortiz has not yet been found, and no official statement has been made about his chances of survival. Local officials said the search would continue.

One of the central issues surrounding the incident is the fact that Ortiz reportedly fell overboard “about three miles” off the coast. The three-mile distance from the U.S. shore is critical to the case, because it will help determine which law(s) apply if, in fact, Ortiz is lost at sea and his surviving family decides to file a claim seeking damages and/or future earnings.

 

 
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Rescued Fisherman Eligible for Maintenance and Cure Benefits

The United States Coast Guard successfully rescued a fisherman reportedly suffering from a stroke this past Sunday.

At approximately 10 p.m., a commercial fishing vessel contacted the Coast Guard and requested a medevac for a crew member needing immediate medical assistance. The vessel was cruising roughly four nautical miles southwest of Point Hueneme, California at the time of the incident.

A Coast Guard MH-65C Dolphin helicopter from Coast Guard Air Station Los Angeles patrolling the area was quickly dispatched to the scene and successfully retrieved the 62-year-old seaman. The victim was transferred in stable condition to Torrance Memorial Medical Center.

 
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Could Virginia Construction Worker Qualify for Jones Act Benefits?

The accident site on Jones Mountain LakeA worker was killed in an industrial accident last Monday when the ten ton crane he was operating slid off the barge used to float the crane, causing the operator to plunge nearly 70 feet into Smith Mountain Lake. The incident occurred October 5, 2009, around 11:30 a.m.

Officials from the Franklin County Department of Public Safety identified the deceased as Roger Dale Goad, 55, of Henry County, VA. Goad had been employed for 34 years by Plyler Homes and Docks, who had been contracted to dismantle a private dock near a lake house. Both Goad and his son were working on the barge when the incident occurred.

"It's still under investigation, but somehow the crane came loose from the barge and sank into the lake," said department Capt. Patrick Meeks.

After nearly two hours in the water, rescue divers from the Lake Marine Volunteer Fire Rescue Department were able to locate and recover Goad’s body near the sunken crane.

Local police have initiated a full investigation into the accident. Plyler Homes and Docks stated they are working on a salvage plan to raise the sunken crane, which remains submerged in approximately 50 feet of water.

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Jones Act Seaman Rescued in Chesapeake Bay Turns into Medical Evacuation

Earlier this week, the Coast Guard responded to a call regarding a boat taking on water. While responding, the Coast Guard was forced to conduct a medical evacuation of one of the crew members after he suffered from a seizure during the rescue process.

The crew of a 55-foot fishing vessel, The Bella, noticed the fishing boat they were towing, the Danna Elizabeth, was taking on water in the Chesapeake Bay. The crew members notified the Coast Guard Sector Baltimore, and the station dispatched a response boat. Jones Act VesselHowever, before the rescue crews arrived, the Danna Elisabeth crew members abandoned the fishing vessel for a life raft. When the rescue boats arrived and began to transfer the crew members to the Bella, one of the seamen, Tony Moliner, began seizing. The Coast Guard rushed Moliner to the Easter Yacht Club after which he was medically evacuated to a Baltimore hospital.

Moliner was lucky that trained rescue crews were at the scene and able to make sure he was safely taken aboard the vessel and transferred for a medical evacuation. The outcome here could have been very different. As an ill crew member of a fishing vessel in distress, Moliner could have been in a very dangerous situation.

Jones Act Seaman Face Many Dangers

This is just one example of the kind of challenges and dangers a Jones Act seaman faces when he sets out on the water. Some others include:

  • Out in the ocean, rescue and emergency medical attention can be delayed for various reasons.
  • Rough seas and harsh weather can make medical evacuation from a Jones Act vessel difficult.
  • Workers can find their anxiety magnified due to the distance from their families and loved ones.

It is during these times of illness and injury that the perils maritime workers face each day, become clear. Knowing that, it is difficult when we, as maritime lawyers, see injured workers struggling to receive compensation after suffering an injury.

 
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Maritime Accident Aboard Oil Rig Kills Louisiana Worker

A Louisiana maritime worker was killed while engaged in loading activities aboard an oil rig in Dequincy, Louisiana last week. The 50-year-old worker Brian Dominque was loading oil field gear on the rig when the load came loose and fell on him. Dominque suffered serious injuries and died on the way to the hospital. Officials are conducting an investigation into the accident.

Loading and unloading activities tend to be some of the riskiest maritime tasks. Every year, several maritime workers are injured or killed when they are struck by falling objects as they load, unload, and transport cargo, however, this does not have to be so. Jones Act LawyerMaritime safety procedures, if followed properly, can minimize the risk of accidents. Loads must be properly secured to prevent the risk of loads falling off of cranes and injuring workers. Maritime workers must also be trained about the risks they face while performing these activities. The importance of worker training and employee coordination cannot be underestimated. It is imperative that workers are trained to warn each other about the status of operations and any possible risk to those in the vicinity. Cranes must be fitted with alarm systems to warn workers that loads are being carried.

The kinds of injuries that can result when safety procedures are not followed can be serious. When heavy objects fall on a worker, they can leave him with blunt force trauma, crushing injuries, broken bones, and/or severed limbs. Head and brain injuries, and spinal cord injuries are also common. Depending on the kind of loads involved in the accident, workers may even be killed. Those who survive may find themselves physically incapacitated and in need of long term care.      

Maritime Workers Have Rights

Maritime workers who suffer injuries on the job may be eligible for compensation under the Jones Act. The Act also provides compensation for the families of the victim, in the case of death of a worker. If safety procedures were followed correctly, the Jones Act would be much less prevalent in maritime work. Unfortunately, it is a term almost synonymous with seamen and their jobs.

If you have been injured in a maritime accident, a maritime lawyer can explain your rights to you, ensuring that you recover the full compensation you deserve. Contact an experienced maritime attorney at Arnold & Itkin LLP to discuss your case.

Florida Power Boat-Tugboat Accident Kills Five, Injures Seven

A maritime accident involving a power boat with 14 people on board and a docked tugboat on the Intercoastal Waterway in St. John's County, Florida killed five people and left seven with serious injuries. The accident occurred 25 miles southeast of Jacksonville on Sunday evening.

The power boat was leaving the marina when it slammed into the tugboat. Rescue efforts were initially hampered due to ongoing construction work at the dock. Rescuers had to lay plywood sheets out to get to the victims, who were all on the power boat. The tugboat, which was registered to a St. Augustine company, F & A enterprises, was empty at the time. Three of the people injured in the maritime accident were said to be in critical condition.

Maritime Injury AttorneyInvestigators are looking into a number of factors that may have caused the accident, including the speed of the power boat, lighting conditions, and whether people on the power boat were drinking at the time of the crash. The driver of the boat is said to be one of those who survived the boat accident and officials have confirmed that they will conduct toxicology tests on the driver. 

The Florida Fish and Wildlife Conservation Commission announced a criminal investigation into the crash. The National Transportation Safety Board (NTSB) has also announced that it will be conducting an investigation into the boat accident. Normally, the NTSB does not involve itself in boat accidents, but due to the serious injuries and multiple fatalities here, the board has decided this maritime accident merits an investigation.

Maritime Accident Claims

Maritime workers injured in an accident with another vessel, whether it is a pleasure craft or a Jones Act vessel engaged in commercial activities, may be entitled to compensation. 

If you believe you have been injured in a maritime accident, a maritime attorney can help answer any questions you may have regarding compensation. Contact an experienced maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

Galveston Port Secures $28.1 Million Loan for Maritime Improvement Projects

Part of providing a safe working environment for maritime port workers is maintaining work areas. Maritime workers at the Port of Galveston can look forward to extensive renovations now that the port has obtained a $28.1 million loan from the state.

The loan comes courtesy of the Texas Industry Development (TID) Loan Programs, a state-sponsored program that offers low cost financing for development projects. According to port officials, half of the loan will go toward channel deepening projects, which will allow the port to handle larger vessels. The rest of the funds will be used to conduct repairs of severely damaged bulkheads. Port officials hope these enhancements will allow the Port of Galveston to handle lucrative cargo, like vehicle shipments. Port officials are now looking for firms who can start repairs on the deteriorated bulkheads. They will also begin the process of seeking tenders for the channeling deepening projects soon. Maritime Injury AttorneyThe enhancements are expected to bring in more than $400 million in extra revenue for the port and could lead to the creation of more than 2,000 jobs. That is good news, not only for the port and its maritime workers, but also for the larger Galveston community.

The port sustained major damage when Hurricane Ike hit the coast last year. When the waters receded, damage included waterlogged sheetrock and soggy cargo facilities, among other things. The port's Board of Trustees handed director Steven Cernak emergency powers to release $55 million for repairs. With the new loan in place, the Port of Galveston will be able to ensure, not only increased cargo handling facilities, but also a safer work environment for port and maritime workers.

Maritime Laws

Port workers who make a living loading and unloading, stowing and securing cargo, and other port activities are protected under maritime law. Workplace enhancements will surely help these workers conduct their duties efficiently and safely.

Port workers who are injured in an accident can secure compensation with the help of a maritime lawyer. If you've been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.

Florida Maritime Accident Results in Oil Spillage, No Injuries Reported

A Port of Tampa maritime accident involving a tugboat pulling a barge and a moored tug, resulted in approximately 1,000 gallons of waste oil spilling into the port.

According to reports, the accident occurred when the tugboat, Katherine Ann, was pushing a barge and collided with the tug, Liberty, which was moored at the dock at Causeway Boulevard. The accident led to 1,000 gallons of oil spilling into the water. The Coast Guard is supervising cleanup operations and is conducting an investigation into the collision. Maritime Accident AttorneyThe company that owns one of the boats, Diversified Environmental Services, is located near the dock and was able to respond to the crisis immediately. The quick response helped prevent damage to marine life and the environment. No injuries were reported in the collision.

For maritime workers and Florida maritime officials, oil spills likely bring back memories of the Tampa Bay oil spill of 1993, in which 300,000 gallons of oil and 33,000 gallons of jet fuel spilled into the water. That oil spill was also the result of a collision and involved three vessels at the entrance of Tampa Bay. One of the vessels was carrying close to 8 million gallons of diesel, jet fuel, and gasoline. Upon colliding, a fire quickly broke out; it took firefighting teams more than 16 hours to control the inferno. No one was injured in the accident, it was, however, responsible for Tampa Bay's largest oil spill to date. The environmental damage from that accident was fairly limited, considering the size of the spill. The fact that just months before the spill, emergency plans for oil spill disasters were put into place helped control the damage.

Maritime collisions can be the result of various factors, including:

  • negligence on the part of crew
  • failure of port authorities
  • weather conditions

In recent years, some high profile maritime collisions have been linked to crew failure. The 2007 Cosco Busan accident with the San Francisco - Oakland Bay Bridge was the result of a medically unfit pilot and lack of communication between he and his captain. Also, the 2008 collision of the of the tugboat, Mel Oliver, and the oil tanker, Tintomara, was ultimately attributed to a captain who abandoned ship a few days before the accident, leaving the tugboat to be piloted by an apprentice mate who was not equipped for the task.

Maritime Accident Claims

Maritime accidents, as the above incidents show, are not always the result of employer errors, but can also be caused by the incompetence, negligence, and failure of crew members. However, even if an accident is caused by a co-worker's negligence, the employer is still responsible for any injuries that result. Injured workers in such cases are eligible for all the benefits promised to them under the Jones Act or other maritime laws. It is important that workers be aware of their rights before they settle for compensation. A maritime attorney can help you do just that.

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

Sikorsky Helicopters Grounded after Offshore Maritime Accidents

After a maritime helicopter accident that resulted in the deaths of Canadian offshore workers, the Federal Aviation Administration (FAA) has moved to issue a safety directive, requiring gear box repairs of Sikorsky’s S-92 helicopters.

On March 12th a helicopter crashed off Newfoundland in Canada, killing 17 offshore workers. The crash has been linked to broken titanium studs that connected the gear box to the oil filter system. The FAA directive calls for emergency repairs of gearboxes on all U.S.-registered Sikorsky helicopters. According to the directive, the “unsafe condition” probably exists or is likely to develop on other Sikorsky helicopters. According to a representative of United Technologies Corp., whose Sikorsky unit manufactures the helicopters, the company has already replaced the defective stud in at least 59 of the 91 S-92 helicopters currently in operation.

Maritime Accident AttorneyAfter the Newfoundland helicopter crash, investigators began to look into whether the stud fractured before the crash or was smashed during the accident. A broken stud can lead to loss of oil pressure, potentially resulting in a gearbox problem and eventually loss of control of the chopper. Investigators have now determined that the titanium studs are indeed prone to fracture. The studs in the Newfoundland accident are believed to have fractured during the flight. In January, Sikorsky issued an alert asking helicopter operators to replace the titanium studs with steel ones.

Earlier this year, a Sikorsky S-76C helicopter carrying offshore workers crashed near Terrebonne Parish, Louisiana. The cause of that accident is still under investigation, but according to the National Transportation Safety Board, the crash could have been the result of a collision with a bird.

The Newfoundland crash, meanwhile, has caused several employees working in the offshore oil industry in Newfoundland and Labrador to consider quitting their jobs. The accident has caused many maritime workers there to rethink the nature of their jobs and weigh the perks with the risks.  The Sikorsky S-92 that crashed off Newfoundland has a reputation for being a highly advanced aircraft with sophisticated safety systems. The realization that these supposedly, advanced craft have fractured studs ultimately, responsible for the deaths of 12 offshore workers, has unsettled many maritime workers.

Maritime Lawyers

Helicopter operators who ferry offshore workers to and from shore need to make sure their aircraft are free of defects and are safe to use. Accidents like these can be avoided with stringent safety evaluations and check ups. People in the maritime industry, which is dangerous by nature, should not have to worry about making it to work safely on top of worrying about work safety.

If you have been injured or have lost a loved one in an offshore helicopter accident, a maritime attorney can help you. Contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

Appeal Hearings in Louisiana Maritime Accidents Damages Case Begin

An appeals court in Louisiana began its hearing of an offshore drilling company's objection to maritime damages awarded to a man who suffered post traumatic stress disorder (PTSD) after being involved in a jack up rig collapse accident.

Lonnie Cortney Campbell was one of several workers aboard the Parker Drilling Offshore USA jack up rig that partially collapsed on September 11th, 2003 off the Louisiana-Mississippi coast. The accident, which occurred while jacking up operations were in order, did not result in any fatalities. As the rig buckled, Campbell was thrown from his bunk and had to jump into the water. On top of, already terrifying events, Campbell did not know how to swim. Maritime Injury AttorneyHe suffered intense terror, unsure if rescue would arrive in time or if the rig would collapse on him. He suffered injuries to his wrist and back, but the emotional scars ran deeper. He has suffered from severe post traumatic disorder since the accident. In 2007, Campbell was awarded $952,966 including 200,000 in damages for PTSD.

The company appealed the verdict and insists that Campbell's physical injuries were the result of “preexisting conditions”. The company's attorneys have asked personal injury damages to be reduced and recalculated based on a lower federal interest from the date of the accident.

PTSD is an anxiety disorder that usually results after a person has been through a terrifying physical ordeal like an assault or an accident in which there was a physical threat. The disorder came into the spotlight after the Gulf War in the early 1990’s, when soldiers who returned from active combat began to suffer from nightmares, sleeplessness, anxiety, and socially withdrawn behavior. The symptoms of PTSD may not become evident for weeks after the incident, when they do surface they can include:

  • Sleeplessness
  • Anxiety
  • Nervousness
  • Disinterest in social relationships
  • Flashbacks of the or deal
  • Panic attacks
  • Drug or alcohol abuse

Maritime Accident Compensation

After a maritime accident, injured workers may be eligible for, not only immediate and short term medical expenses, like doctor bills and hospitalization expenses, but also medical expenses over the long term. An example of this would be treatment and counseling for post traumatic stress disorder, which usually results after a worker has experienced a serious life threatening accident. In Campbell's case, although his physical injuries were immediately visible, and therefore, could be mentioned in a maritime accident claim, the long term anxiety disorder that surfaced later was not as obvious. For this reason it is important to sit down with a maritime attorney before you decide to file a damages claim against an employer. An attorney may be able to include all expenses over the short and long term, so you get the complete compensation you deserve.

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

New GPS Flight System Promises Fewer Offshore Helicopter Accidents

A new satellite-based GPS, already operational in parts of Florida, could lead to fewer helicopter accidents as oil rig workers are transported to and from platforms.

The ADS-B, or Automatic Dependent Surveillance-Broadcast system, is part of the Federal Aviation Administration's (FAA) $20 billion plan to revamp the country’s antiquated air traffic control system over the next decade. Maritime Injury AttorneyThe system is expected to be in place within the next 5 years, but in parts of Florida, pilots are already using the satellite-based GPS data to obtain the same information air traffic controllers can see on their monitors. The GPS allows controllers to locate the position of an airplane far more accurately than they currently do with data from ground-based radars. With the new system, pilots and air traffic controllers will be able to access data generated by the second.

The ADS-B system will be especially beneficial in the Gulf of Mexico, where helicopter flights carrying oil rig workers currently operate without air traffic control monitoring. With an ADS-B system installed on a helicopter, the pilot will be able to observe the movement of other aircraft in the vicinity, thus reducing the risk of accidents. In addition to making offshore helicopter travel safer, the new system will also increase efficiency.

Helicopter Safety

Helicopters have replaced watercraft as the primary means of ferrying oil rig workers to and from shore. Using these helicopters has lead to greater efficiency and reduced travel time, however, as offshore helicopter traffic in the Gulf of Mexico has increased, so has the number of accidents. Earlier this year, a Sikorsky helicopter carrying offshore rig workers crashed in Terrebonne Parish, Louisiana. The helicopter was carrying nine oil rig workers from Louisiana to a Shell oil platform in the Gulf of Mexico. In 2007, a Bell helicopter crashed south of Sabine Pass; five oil rig workers including the pilot were killed in that accident.

Offshore helicopter operators will benefit greatly from installing the new system on their fleet. They stand to gain from greater safety, increased efficiency, and fewer maritime accidents and injuries.

If you've been injured in a helicopter crash or other maritime accident, you may be able to recover compensation with he help of a maritime lawyer. Contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

Twenty Years after Valdez Maritime Accident Exxon Continues to Hire Single Hull Tankers

Twenty years after the Exxon Valdez maritime accident which resulted in the worst maritime environmental disaster in U.S. history, the company continues to use single hull ships. After nearly 80% of super tankers in the world have been replaced by double hull tankers, Exxon continues to use unsafe, single hull ships.

On March 24th, 1989, the Valdez spilled 11 million gallons of oil into the Prince William Sound in Alaska. The tanker, which was on its way from Valdez to Los Angeles, California, ran aground, rupturing its hull and, ultimately, dumping oil into the ocean. It remains one of the most devastating environmental disasters in the world, with the oil slick reaching out to cover 11,000 square miles of the ocean. The short term effects of the spill were extensive; hundreds of thousands of animals and birds were killed instantly, including:

  • seabirds
  • otters
  • harbor seals
  • orca whales
  • fish eggs

Since then, the maritime wildlife in the area has continued to suffer from the long term effects of the oil spill including:

  • stunted growth
  • increased deaths rates

Maritime experts believe that we have yet to see the end of the Valdez impact. In a lawsuit filed against the company, it was revealed that the ship's captain had been drinking alcohol earlier that evening and left the bridge unmanned during the accident.

Ship design experts believe that if the Exxon Valdez had a double hull instead of a single hull the devastating impact of the spill could have been lesser. Double hull tankers come with a one inch thick exterior layer of steel that can absorb impact in the event of a maritime accident; the inner layer of steel is thus unharmed and can contain oil that otherwise would leak out.  Single hull tankers, on the other hand, come with a single layer of steel, when this layer is damaged there is nothing to stop oil from spilling into the ocean.

Maritime Injury AttorneyAcross the world, 115 countries have promised to ban single hull ships by 2015. In the U.S., single hull tankers are required to unload at the Louisiana Offshore Oil Port or other designated unloading points until 2015 comes around. Even as the world moves to avoid another massive and environmentally destructive maritime accident like the Valdez spill, Exxon continues to use single hull tankers. In 2008 alone, Exxon Mobil Corp. hired more older, single hull tankers than the other top ten oil companies combined. The company insists that the cost of hiring double hull tankers is not the reason for its failure to bring them into operation. Double hull tankers can cost up to 20% more to hire than single hull ships.

The Valdez disaster resulted in no injuries to workers aboard the vessel during the accident. However, the workers hired to take part in the clean up process suffered long term damage. These people ended up with oil accumulation in their lungs and blood. They suffered headaches and nausea, and some continue to suffer nose bleeds, lung problems, and several other mysterious illnesses that surfaced when they finished work on the clean up. Dozens of workers filed injury lawsuits. It is estimated that there could be thousands of workers who were injured by exposure to the toxic chemicals used to clean up the oil slick. Because Exxon did not allow government investigators to access medical records, those numbers may never be confirmed.

Maritime Injury Attorneys

Large oil companies have the ability to quickly cover up their negligence and avoid having to pay out damages in a maritime accident claim. These companies have access to teams of high dollar attorneys, therefore, it is important for you to be represented by an expert maritime attorney when you proceed to file claims against a company like Exxon. Even if you do not intend to file a claim, it is important to discuss your case with a maritime lawyer to evaluate all your options.

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP to discuss your case.

Maritime Fire Accident Aboard Galveston Ferry Boat

Galveston county fire fighters are investigating the cause of a Texas ferry boat fire that broke out in the engine room as the vessel traveling from Galveston to the Bolivar Peninsula. The March 21st fire resulted in no injuries.

The fire apparently ignited at 6:40 pm on the Gilchrist. The boat had just left the Bolivar landing when crew members noticed smoke from the engine. The boat was immediately turned around to return to the Bolivar landing. Fire fighters managed to extinguish the fire in half an hour. There were 65 to 70 vehicles on the ferry at the time of the fire, all of them were off-loaded without any damage. Passengers were not informed of the reason for the turnaround. Police continue to investigate the cause of the fire. The U.S. Coast Guard is also expected to visit the Bolivar ferry landing to conduct its own inspection of the Gilchrist.

Maritime LawyerFortunately, there were no injuries on board the Gilchrist. Fires on a water craft are often linked to explosions; the fire on the Gilchrist appears to have ignited in the engine. This can happen due to improper maintenance of the fuel system. Fires can also break out due to electrocution, when the vessel comes in contact with a live power line.

Crew members who work on ferry boats may be eligible for compensation under maritime laws in the event of an accident, because a ferry fits the definition of a Jones Act vessel.  Crew members working on the boat also qualify as Jones Act seamen under the provisions of the Act.

Why You Need a Maritime Attorney

Very often, maritime workers are not aware of their rights in the event of an injury or accident. For this reason it is imperative that ferry boat, cruse ship, and other vessel crew get in touch with a maritime lawyer immediately after an accident. An attorney will determine whether you fall under the purview of maritime laws and help you draft a damages claim. Damages can include medical expenses, hospitalization expenses, costs of rehabilitation, etc.

If you have been injured in an accident aboard a ferry boat, cruise ship, barge, or other vessel, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Oil Rig Worker Files Maritime Lawsuit against Drilling Company for Fall Injuries

A maritime worker who sustained serious injuries as a result of a fall into a 4-foot opening on an oil rig filed a maritime lawsuit against Diamond Offshore Drilling in Jefferson County District court. The worker, Jesus Perez, was working on a submersible oil rig called Ocean Washington in March 2007 when the accident occurred.

The suit alleges that Diamond Offshore Drilling was responsible for the fall because of defective grading that resulted in the formation of the opening. At the time of the accident, the platform had been docked at a shipyard in Sabine and was undergoing repairs. Perez was involved in performing repair work when he fell into the opening. He was an employee of Prime Electrical Services which was hired by Diamond Offshore Drilling for the repair work. The fall left Perez with arm, shoulder, hand, and neck injuries. The accident resulted in extensive medical expenses as well as long term physical impairment. Perez also claimed:

  • lost wages
  • loss of future earning capacity
  • mental anguish
  • pain and suffering

He is seeking damages in addition to interest and other costs he sustains.

Oil Rig Accident AttorneyIt appears that the drilling company was negligent in providing a safe working environment for Jesus Perez. The opening of the platform that Perez fell into, according to the lawsuit, was the result of misplaced grading; the drilling company was responsible for making sure that such potential hazards were absent from the platform.

In the accident, Perez was not technically a seaman, but he is still eligible to receive compensatory benefits under the Longshore and Harbor Workers' Compensation Act. This act covers all people working on a vessel and engaged in repairs, unloading, and loading of cargo and other maritime activities. Workers covered under this act may be eligible to receive a benefits package that includes medical expenses, disability payments, and the costs of rehabilitation after an injury.

Maritime Accidents

Injured workers may not always be aware of their rights under maritime law, which is why it is important to seek the counsel of a maritime attorney before accepting the benefits package offered by a company. A maritime attorney can advise you on the kind of benefits you are eligible for, ensuring that you receive the full compensation you deserve.

If you've been injured in a maritime accident, contact the maritime attorneys at Arnold & Itkin LLP to answer any questions you may have about compensation.

Damaged Galveston County Bridge puts Shipyard and Offshore Workers at Risk

Thousands of Galveston County maritime workers, including shipyard and offshore workers are in danger of injury during their daily commute to work. Due to a shortage of funds, county authorities stopped work on a repair project on Pelican Island Bridge, which is used daily by the workers.

The bridge over the Galveston ship channel suffered extensive damage during Hurricane Ike. It is stable, but maritime workers, as well as Texas A&M University staff and students who use the bridge daily are forced to drive at 10 mph to cross. Before the Ike damage, the speed limit along the bridge was 35 mph. The bridge underwent emergency repairs soon after Ike and was back to normal operations less than a week after the water receded. Maritime AttorneyGalveston County Navigation District No.1 paid Texas Gulf Company $1.5 million to repair the bridge, but in early February the project was shut down due to shortage of funds. A local contractor Lamson Nguyen has agreed to take up the task of filling potholes on the bridge free of cost. However, the fact is that the 50-year-old bridge is in need of permanent repairs. The district has no funds available to continue the work and has requested $6 million from the Federal Emergency Management Agency. In addition to the badly damaged bridge, the district needs an additional $3 million to repair a fender system, which protects Pelican Island Bridge from passing boats. If federal funds are not forthcoming, the district has indicated that tax rates may have to be increased in order to fund repairs.

As in many other states across the country, essential infrastructure projects are being slashed due to shortage of funds. The economic recession has led to budget deficits nationwide, and it's having a telling effect on citizen safety. Everyday, Pelican Island Bridge is used by maritime workers, including shipyard and offshore workers to commute to work. Although authorities have confirmed the bridge is passable and should not pose a risk to workers, repairs must be conducted soon so workers are safe and put to as little inconvenience as possible.

Maritime Injury Attorneys

People injured in maritime workplace accidents are eligible for benefits under maritime laws, including the Jones Act and the Longshore & Harbor Worker's Compensation Act. A maritime attorney can help you determine the laws under which you are eligible for compensation and file claims under these laws.

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

Beaumont, Orange Ports Receive $4 million Grants Each

Maritime employees who work at the Port of Beaumont and the Port of Orange can look forward to better infrastructure and, in turn, to improved efficiency and safety as a result of substantial government funding for the ports released February 18.

Port of BeaumontThe ports will receive $4 million each from the U.S. Economic Development Administration, as part of federal economic recovery efforts. The Port of Beaumont has released a statement confirming that it will use its share of funds for rail improvements on its Orange County property. The Port of Orange will invest the money in the development of cargo transportation infrastructure at its Sabine River property. These investments are expected to increase efficiency at both ports. For instance, with new infrastructure, cargo can be transferred directly from the Port of Orange to the Port of Houston. Currently, cargo from the Port of Orange has to go through Port Arthur or Port of Beaumont. Port of OrangeNew infrastructure will also add to the efficiency of cargo shipping operations from the industrial plants on Chemical Row. Port of Beaumont's investment of the federal funds is expected to create hundreds of jobs, in addition to increasing the capabilities of the port by at least 50%. The Orange County property will include deep access capabilities, as well as development of a new dock. The port will not depend solely on federal funds to finance these ambitious new infrastructure projects. According to Chris Fisher, Port of Beaumont's executive director, the total funding from the Economic Development Administration is $134 million and has been distributed to other Texas ports, as well as ports in Louisiana, Oklahoma, Arkansas and New Mexico.

Anytime a port invests in infrastructure and other development projects thousands of maritime workers, longshoreman and port workers benefit. Updated infrastructure means enhanced safety for maritime workers and a markedly reduced risk of injuries and accidents.

Texas Maritime Attorneys

The maritime attorneys at Arnold & Itkin LLP have helped hundreds of injured maritime workers recover compensation for injuries sustained on the job.

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

Maritime Firm Involved in Mississippi River Accident Used Unlicensed Workers

Investigations into a massive 2008 oil spill on the Mississippi River reveal negative details about the practices at the shipping firm that owned the tugboat. The company apparently habitually used maritime workers who lacked proper licensing.

Former port captain, Jim Sellers, testified at a Coast Guard hearing in New Orleans. He explained that the company, DRD Towing, often substituted unlicensed personnel in place of qualified employees.  Maritime LawsuitWhen the tugboat, Mel Oliver, pushed an oil barge into the path of an oncoming ship last July, apprentice mate John Bavaret was at the helm. Bavaret did not have the licensing needed to operate the tugboat, he was "filling in" for Terry Carver, the captain of the ship. Carver, according his own testimony, jumped ship a few days before the tugboat accident to pursue his girlfriend in Illinois. He asked Bavaret to take his place at the helm of the tugboat. Bavaret's inexperience and lack of qualifications for the job resulted in an accident that ended with more than 280,000 gallons of fuel spilled into the Mississippi River. According to Jim Sellers' testimony, hiring inadequately licensed crew members was a regular practice at DRD Towing. The company, which closed down in August, had previously substituted an unlicensed deckhand for an apprentice mate. According to Sellers, he tried, on many occasions, to caution his employers at DRD Towing that the practice of staffing the vessel crew with insufficiently licensed personnel could end up causing problems for the company.

Sellers' testimony is part of investigations into the accident after which the Coast Guard will recommend appropriate penalties for those responsible for the accident. The Mel Oliver - Tintamora accident resulted in no injuries or deaths. The injury-free accident can be attributed to luck rather than any foresight or efficiency on Bavaret's part. The kind of indiscriminate hiring practices going on at DRD Towing were a maritime disaster waiting to happen.

Maritime Injuries

Very often, injuries on board a vessel are the result of the negligence or recklessness of employers, who create unsafe conditions for their workers in an effort to cut costs. For instance, DRD Towing's practice of hiring unqualified workers was an attempt to cut down on overheads by hiring cheaper labor. In cases like this, maritime injury victims can claim compensation for their injuries under the Jones Act with the help of a Louisiana maritime accident lawyer.

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. 

Louisiana Seaman Files Lawsuit Alleging Failure to Provide Proper Medical Care

The maritime attorneys at Arnold & Itkin LLP are proud to represent a Louisiana maritime worker in a personal injury lawsuit against his employers for failure to provide proper medical treatment.

The seaman, David Charbonnet, filed the lawsuit under the Jones Act against his employers, Grand Oil and Gas, Laredo Offshore Services, and Laredo Offshore Constructors in January. Charbonnet was employed as a seaman on the vessel L/B Petite, Injured Maritime Workera Class 150 lift boat used for work on offshore drilling rigs and platforms. In March of 2007, when he began experiencing stomach pains, Charbonnet requested that his employers provide medical care; his request was denied. At the time, the vessel was just off the Jefferson County shore. Lack of immediate medical attention intensified Charbonnet's symptoms and, as a result, the seaman suffered extreme “physical pain” and “mental anguish”. Charbonnet was later diagnosed with ulcerative colitis. The lawsuit claims that the illness resulted in physical impairment, discomfort, distress, and mental anguish. It also alleges that the employers were negligent in: their failure to provide immediate medical attention, their failure to supervise crew and train employees, and their failure to provide safety equipment and a safe workplace.

Maritime Injuries

Offshore workers who regularly work many miles from land and away from families have a right to expect timely medical attention, if necessary. Medical care can include access to a doctor, as well as, access to any medications necessary to treat an illness. Offshore workers work in an isolated environment, far from the general community; this can easily cause emotional suffering when one falls ill or suffers an injury. Any delay in providing medical care to these employees can extend their suffering and leave them permanently debilitated. Failure to provide immediate medical care can, therefore, be the basis for a claim against a company. A maritime lawyer can help in drafting such a claim. 

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

Maritime Worker Killed in Florida Port Accident

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. Maritime Accident AttorneyCoastal 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.

Cosco Busan Maritime Accident Blamed on Pilot Incompetence

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. Jones Act Maritime LawyerAccording 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.

NTSB Files Recommendations after Texas Offshore Helicopter Accident

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 Maritime Injury Attorneyfor 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.

New Iberia, Louisiana Man Appeals in Maritime Accident Benefits Case

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.

Worker Electrocuted on Chemical Tanker Off Galveston, Texas

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.

Injured Louisiana Oil Worker Ruled Eligible for Longshore Harbor Benefits

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 5th 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.

Louisiana Helicopter Crash Investigations Turn Focus to Oil Rig Workers' Safety

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.

 

Flight 1549 Lawsuits Could be Governed by Maritime Laws

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 15th 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.

 

8 Offshore Rig Workers Killed in Helicopter Accident in Gulf of Mexico

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.

 

Galveston, Texas Seaman Files Lawsuit for Maritime Injury On Board Ship

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.

Louisiana Tugboat-Oil Barge Accident Cause Traced to Captain's Romance Troubles

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 23rd 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 20th 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.

 

Fog Shutdown at Houston Port to Prevent Maritime Accidents

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 25th 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.

 

Electrician Files Lawsuit Against Houston Maritime Company For Injuries On Job

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.

 

Fishing Boat Catches Fire off Galveston Texas Coast, No Injuries Reported

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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Freeport, Texas Oil Rig Dismantled After Injury and Pollution Concerns

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.

Zeus Jack-up Drilling Rig - Freeport, Texas

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.

 

Seaman who died from lack of oxygen were 'unaware of dangers'

Three seamen who died because of a lack of oxygen in a ship's compartment had failed to appreciate the possible dangers they faced, a report said. The men who were working to secure a rattling anchor chain in an enclosed space on the Viking Islay ship off the Yorkshire coast in 2007 failed to recognize the atmosphere would eventually become oxygen deficient.  According to a BBC article on the subject:
Marine Accident Investigation Branch experts recommended training changes. The marine accident experts added that the training and subsequent drills in the use of such devices "had not been sufficient to ensure the limitations of the equipment were recognised in an emergency".

And the document added: "The ship manager's company policy on entry into enclosed spaces was not clear and did not take into account scenarios that could require crews to enter confined spaces while at sea".

Gas monitoring equipment supplied to the vessel was unsuitable for ensuring safe entry into enclosed spaces, the experts concluded.

20 years after Piper Alpha disaster, unions warn of 'culture of fear' over safety on North Sea oil platforms

Rig workers who whistleblow over safety issues are ‘routinely sacked’ reports Scotland's Sunday Herald.  According to the article:

"NORTH SEA OIL WORKERS WHO whistleblow about safety issues are routinely sacked, creating a 'culture of fear' 20 years after the Piper Alpha disaster, one of Scotland's leading trade unionists has claimed.

The STUC has warned the practice could result in another disaster similar to Piper Alpha, which suffered a serious fire after an explosion caused by a gas leak that ignited on July 6, 1988, killing 167 people in the world's worst off-shore tragedy."


The article underscores the point that even 20 years after the tragic disaster, much improvement is still needed in the area of safety for offshore rig workers and how reports of unsafe work conditions are handled.

Fishing boat collides with patrol vessel in East China Sea

A Taiwanese fishing boat sank near islands in the East China Sea on June 10 after colliding with a Japanese patrol vessel. All 16 people on board the Taiwanese vessel were rescued and have been returned to Taiwan. Japanese maritime safety authorities have said the captains of both the coastguard vessel and the Taiwanese fishing boat were suspected of "professional negligence and endangerment".  Japan calls for calm as rising protests surround the incident.

Cruise ship entertainer sustains head injury during rehearsal

Houston, Texas maritime attorneys at Arnold & Itkin LLP are representing an injured Royal Caribbean Cruise Lines entertainer. The cruise ship employee was rehearsing his dance routine when he was hit in the head by the elbow of another dancer. The worker did not receive any real medical attention at the time the injury occurred. A few days later, the same thing happened again. The injured worker has had seizures, severe headaches, neck pain, and back pain since his injury. The cruise ship worker loved his dancing job, but will probably be unable to return to that line of work as a result of his injury.