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

Reduced wages earned in non-combat zone were best measure of worker’s earning capacity where injury occurred during voluntary hiatus from hazardous war zone employment.

Luttrell v. Alutiiq Global Solutions, BRB No. 10-0555 (June 20, 2011) (per curiam)

Michael Luttrell was injured while working as a security officer on a United States Army Atoll in the South Pacific.  For the previous twelve years, Luttrell had worked overseas in various jobs involving security and police functions.  At the time of his injury, however, he was on a temporary break from employment in hazardous areas.

In proceedings before an administrative law judge (ALJ) on Luttrell’s claim for benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq., the only issue was determining Luttrell’s average weekly wage for purposes of establishing the amount of his temporary total disability benefits.

The ALJ concluded that the proper rate of pay was the amount that Luttrell was earning under his employment contract at the time of his injury on the Atoll.  The ALJ noted that Luttrell was injured while working under a one-year contract at a different type of job than his former employment and “under drastically different conditions, than he had done earlier, or than he might have done later.”

Luttrell appealed, arguing that the ALJ's computation did not accurately reflect his earning capacity.  Luttrell assertethat he was actually offered post-injury employment in Bahrain at a much higher average weekly wage than the amount he earned at the time of his injury.  The record below also indicated that he had earned over $82,000 per year during the 52 weeks preceding his work injury.

The Benefits Review Board (BRB) concluded that Luttrell’s average weekly wage was properly computed by the ALJ.  Among other things, the ALJ’s average weekly wage finding was consistent with BRB opinions embracing the notion that a claimant’s higher wages for work in a combat zone are a proper framework for calculating average weekly wages under LHWCA § 910(c).

The purpose of LHWCA § 910(c) is to arrive at a sum that reasonably represents a claimant’s annual earning capacity at the time of his injury, the BRB observed.  In this instance, the facts of Luttrell’s case were the “mirror image” of war zone cases.  Unfortunately for Luttrell, this made it appropriate to determine his average weekly wage based on his lower-paying work overseas, which he took after voluntarily choosing to leave his higher-paying work in the Middle East.

The BRB therefore affirmed the ALJ’s finding that the wages Luttrell earned in the South Pacific, a non-combat zone, were the best measure of his earning capacity at the time of his injury.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Benefits Review Board concludes that a LHWCA claimant's earnings from illegal activity are not evidence of suitable alternative employment, but that a claimant who fails to report such earnings faces forfeiture of benefits.

Young v. Newport News Shipbuilding and Dry Dock Co., BRB No. 10-0678 (June 22, 2011) (per curiam)

Randolph Young injured his knees in the early 1980s while working for Newport News Shipbuilding and Dry Dock Company.  An administrative law judge (ALJ) awarded permanent total disability benefits.

Years later, an ALJ issued a stay of compensation order because Young had been incarcerated, apparently after pleading guilty to drug charges.

After Young was released from prison in early 2004, an ALJ lifted the stay of payments, finding that Young still suffered symptoms from his work-related knee injuries.  The ALJ rejected the employer's argument that Young's testimony about his symptoms was not credible in light of his criminal conduct.  The ALJ distinguished Young's discredited, inaccurate testimony about his criminal activities from his testimony about his medical symptoms, which the ALJ found reliable.

When evaluating Young's physician-imposed work restrictions, the ALJ rejected an assertion by Newport News that Young's illegal activity (in addition to his maintenance job while in prison and his singing in churches at funerals) constituted suitable alternate employment.  The ALJ ultimately awarded Young permanent total disability benefits under LHWCA through June 2007, when Newport News established suitable alternate employment.  Thereafter Young received an award for partial disability.

The ALJ rejected Newport News's contention that Young's benefits were subject to forfeiture under LHWCA Section 8(j) on the ground that Young failed to report as "income" the earnings from his criminal activity between 1993 and 1996.  According to the ALJ, any "income" from such activity did not have to be reported on the LS-200 Report of Earnings form because it was not earnings from employment or self-employment, and it was not included in the regulatory definition of "earnings" found at 20 C.F.R. § 702.285(b).

On appeal to the Benefits Review Board (BRB), the BRB concluded in pertinent part that the fact of a criminal conviction does not negate a claimant's right to benefits or require an ALJ to discredit the claimant's testimony in its entirety.  Rather, evidence of a claimant's conviction may be offered to impeach credibility in the customary way.

Here, the ALJ was within his discretion in finding Young's testimony about his knee symptoms credible, where medical records showed that over a span of more than 25 years Young had consistently complained about his knees.

As to the extent of Young's disability, the ALJ correctly found that Young's illegal activities did not constitute suitable alternate employment.  The illegal activities were not work available on the open labor market.  In Licor v. Washington Metro. Area Transit Auth., 879 F.2d 901 (D.C. Cir. 1989), the court held that any illegal income a claimant may have earned was not an appropriate basis for determining wage-earning capacity.  Thus it was proper for the ALJ to determine that any illegal income Young earned was not indicative of suitable alternate employment available on the open labor market.

The ALJ erred, however, in concluding that Young did not have to report any earnings from his illegal activities.  For purposes of an employer's request that a claimant report post-injury earnings under Section 8(j), earnings is defined in the supporting regulations as all monies received from any employment, including all revenue from self-employment.  That definition was sufficiently broad to include any earnings from a LHWCA benefits claimant's illegal activity.

The court distinguished Licor, observing that that case concerned the extent of a claimant's loss of wage-earning capacity using jobs found on the open market of legal employment, as opposed to earnings from illegal conduct.  Licor could not be extended to Section 8(j).

Because the ALJ made no finding about Young's earnings from his illegal activities, the action had to be remanded for findings of fact on that issue, and whether Young's benefits were subject to forfeiture under Section 8(j).

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Houston maritime injury attorneys Mike Pierce and Noah Wexler recently filed suit on behalf of a Jones Act Seaman who sustained injuries while working aboard the Paul Spreigel, a tug boat owned and operated by America Electric Power, Inc. and its marine service subsidiaries and affiliates.  The Jones Act case was filed in Galveston County, Texas.

The plaintiff Jones Act Seaman fractured his jaw and severely injured his back as a result of the unseaworthiness of the Paul Spreigel and the negligent acts and omissions of the defendants.

Arnold & Itkin LLP’s maritime lawyers are proud to help their client get the medical attention he needs and see him through this difficult time.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The United States District Court for the Eastern District of Louisiana recently dismissed a group of injunctive relief claims asserted in the Deepwater Horizon Gulf Oil Spill litigation pending in New Orleans.  The claims focused on prospective relief under a variety of federal environmental statutes.

As explained by Hon. Carl J. Barbier in his Order and Reasons, early in the case the Court established a number of "pleading bundles" intended to organize the filing of master complaints and related proceedings in the multi-district litigation.  Pleading Bundle D1 included claims for injunctive relief filed by the Plaintiffs' Steering Committee regarding, among other things, defendants' violations of the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), and the Endangered Species Act (ESA).

The Transocean and BP defendants moved to dismiss the Pleading Bundle D1 claims for injunctive relief.  On June 17, Judge Barbier agreed that the claims should be dismissed.  He reserved for later consideration, however, claims asserted in the D-1 Master Complaint that remained pending under general maritime law and state law.

Judge Barbieri ruled first that the Plaintiffs lacked standing to bring the asserted claims for injunctive relief.  The court characterized the relief sought as a declaration of defendants' violations of the CWA, CERCLA, EPCRA, and ESA, and an injunction to prevent operation of the defendants' offshore facility in a manner that would result in further such violations.  But, the court pointed out as part of its ruling, the injuries alleged and remedies sought under the CWA, CERCLA, ESA, and certain state law claims would not achieve any benefit, Judge Barbieri said, because the Macondo well had been sealed, and BP and the Unified Area Command remained at work cleaning the Gulf of Mexico.

The court went on to state that the claims for injunctive relief were moot because there was no showing of an ongoing violation of the statutes under which relief was sought.  Again, this was because the Macondo well had been sealed.

Finally, Judge Barbieri ruled that the claims for injunctive relief were subject to dismissal where the defendant parties were not "in violation," as required by the various statutes under which relief was sought.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Safety procedures may have spared workers from suffering serious immediate injury in an explosion and fire that rocked a south Louisiana chemical plant earlier this week.

Unfortunately, not all industrial workers are as fortunate, Houston industrial accident attorney Kurt Arnold said today.

“All too often, in Texas, Louisiana and states throughout the Gulf Coast, we see plant explosions that can be traced to the reluctance of management to invest in basic inspection and maintenance of their equipment, including safety equipment,” said Arnold, a partner in the Houston law firm of Arnold & Itkin LLP, a leading advocate for the rights of injured industrial workers.

“What’s worse is that, in many cases, these companies have failed to train their workers on what to do when an accident or emergency occurs, and that can lead to tragic injuries and deaths,” Arnold said. “Fortunately, based on initial reports, it appears that procedures were in place in this case that allowed workers to evacuate safely from the burning facility.”

The Associated Press reported that a blast occurred at around 4 p.m. on June 14 at the Houston-based Multi-Chem. Corp. plant in New Iberia, Louisiana, which is located west of New Orleans. The plant stores and blends chemicals for oilfield operations.

A Multi-Chem spokesperson told the AP that the fire started in an area where the company stores chemicals in outdoor tanks. The cause of the explosion was unknown.

Although injuries were initially reported, the spokesperson, Katie Dupuis, said no workers were confirmed injured in the industrial accident.

“All of our employees are very well-trained, and we have very good procedures in place for them to get out of the building in case of something like this happening,” Dupuis told the Lafayette Daily Advertiser.

The AP has reported that an initial evacuation of nearby residents within a five-mile radius was reduced to one mile. Residents were urged by local officials to stay indoors as the fire burned.

“While there may have been no immediate injuries, one of the health concerns with an industrial explosion is the lingering effects of inhaling potentially toxic chemical smoke,” said Jason Itkin, a Houston industrial injury lawyer and Arnold & Itkin partner.

The workplace accident and injury lawyers at the Houston, Texas-based law firm of Arnold & Itkin LLP provide legal guidance and representation to Texas workers and their families in a wide range of cases, including those involving industrial accidents, offshore accidents, oil and gas drilling explosions, chemical plant explosions, construction accidents, warehouse accidents, hospital incidents and worksite vehicles. In 2009 alone, the firm secured more than $100 million in favorable verdicts & settlements for its clients. For more information, call Arnold & Itkin LLP toll-free at (866) 222-2606 or contact the firm through its online form.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Presenting arguments similar to those raised last month by oil giant BP in the BP Deepwater Horizon oil spill litigation, on June 3rd Transocean Offshore Deepwater Drilling, Inc. and related Transocean defendants, along with Halliburton Energy Services, Inc., moved for dismissal of wide-ranging state and local government claims arising from the destruction of the BP Deepwater Horizon drilling rig in April 2010.

The offshore oil rig Deepwater Horizon, leased to BP PLC, was drilling southeast of Venice, La., in 5,000 feet of water when it exploded April 20, 2010, after a well blowout. While most of the 126-member crew were fortunate to escape from the burning oil rig before it sank into the Gulf of Mexico, eleven rig workers died and 30 others were seriously injured.  The accident also resulted in the largest marine oil spill in United States history.

Now, Transocean and Halliburton seek broad dismissal of claims brought by the states of Louisiana and Alabama, and claims contained in a local government entity master complaint, including:  federal Oil Pollution Act (OPA) claims; maritime law negligence claims; state common law tort claims; punitive damages claims; state-law environmental claims; claims under Florida, Texas, and Louisiana "mini-OPA" statutes; and all deepwater drilling moratorium damage claims, among others.

At the heart of the defense dismissal motions is the notion that the Oil Pollution Act and federal and general maritime law variously bar or preempt the states' and local entities' state law and associated claims, with the result that they should be dismissed.

Transocean was the owner of the Deepwater Horizon oil rig, while Halliburton was responsible for the cementing operations associated with the Macondo well.

Regarding the state and local governments' pending OPA claims, Transocean and Halliburton assert a failure by the plaintiffs to satisfy the act's presentment requirement, namely that covered claims first be presented to the designated "responsible party" prior to being asserted in a lawsuit.

BP has been designated as the responsible party under the OPA as to the release of oil from the breached Macondo wellhead.  BP set up the Gulf Coast Claims Facility, itself subject to significant criticism, as a conduit for receiving and processing oil spill victim claims.

Absent demonstrated compliance with the OPA's "presentment" requirement, Transocean says, the state and local government claims have to be dismissed.  Halliburton raises the same argument, and also argues it can't held responsible in any event because it is not a "responsible party" designated under the OPA.

In addition, these defendants say, the state and local entities' claims at common law are preempted or displaced by the OPA and general maritime law.  Citing the general maritime law preemption of state common law claims, statutory preemption in the realm of oil pollution damages in the form of Congressional enactment of the OPA, the effects of Outer Continental Shelf Lands Act jurisdiction, and other purported defenses, Transocean and Halliburton seek to set aside state and local claims for negligence, gross negligence, nuisance, fraudulent concealment, and other tortious conduct.

The dismissal motions likely will be taken up by the court upon hearing later this summer.

The maritime injury attorneys of Arnold & Itkin LLP can advise you on all aspects of maritime law, including the Jones Act, the Longshore and Harbor Workers’ Compensation Act, the principle of maintenance and cure and the Death on the High Seas Act.

We are skilled maritime accident trial lawyers and aggressive offshore injury attorneys for injured maritime workers. We represent maritime victims in accident, injury and wrongful death claims. Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.

For a free consultation, call us toll free at (866) 222-2606 or contact us online.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

OSHA injury prevention sheet explains how shipyard employers and workers can avoid common rigging hazards.

The Houston maritime accident and injury lawyers of Arnold & Itkin LLP encourage shipyard employers and workers to review new guidance on rigging injury prevention from the federal agency charged with overseeing workplace safety.

The recently issued Safety and Health Injury Prevention Sheet (SHIPS) on rigging from the Occupational Safety and Health Administration (OSHA) provides important information about all too common causes of falls, shocks, amputations, crushing injuries and fatalities in the maritime industry.

It also explains steps that shipyard employers can take to prevent such catastrophic injuries from occurring when workers use ropes and cables for the handling of heavy cargo and equipment.

“Riggers and others in the maritime industry know that even the slightest mistake or lapse in judgment in rigging operations can lead to tragedy,” said Kurt Arnold, an experienced Houston maritime injury attorney and co-founder of Arnold & Itkin LLP.

“That’s why it’s important for employers to review this injury prevention sheet from OSHA and to work with shipyard employees on establishing and executing procedures that avoid rigging accidents,” Arnold said.

“Negligent or reckless indifference to proper safety measures too often leads to unsafe conditions and practices and exposes workers to the risk of serious maritime injury or death,” said Jason Itkin, an Arnold & Itkin co-founder and veteran Houston maritime accident lawyer.

“Employers owe it to shipyard workers to take a close look at this guidance from OSHA and, more importantly, to follow this guidance,” he said.

According to an OSHA news release, the new SHIPS on rigging provides descriptions of actual cases involving shipyard workers who were injured or killed in rigging accidents. The descriptions are accompanied by illustrations that demonstrate unsafe rigging practices.

The SHIPS helps to establish the basic duties that maritime employers owe workers who are involved in rigging. When an employer fails to fulfill those duties, it is essential for workers or their loved ones to contact an experienced Houston maritime accident and injury lawyer to learn about their legal options, Arnold said.

“Taking legal action after a worker or a family member has suffered a serious or fatal rigging injury allows one to recover compensation for medical expenses, lost wages, pain and suffering and other damages,” Arnold explained.

“Legal action also helps to reinforce the responsibilities that maritime employers have for protecting their workers, and it helps to make the maritime industry safer.”

The Houston maritime accident lawyers of Arnold & Itkin LLP provide legal guidance on all aspects of maritime law and the benefits offshore workers and their families 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. Arnold & Itkin LLP handles maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama. The firm can be contacted toll free at (877) 399-9818 or using the online form on this page.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Occupational Safety & Health Administration recently released a new guidesheet with information and advice for shipyard employers whose workforce includes all-important riggers.

Riggers prepare ships' equipment and related items for lifting by cranes, hoists, and other machinery.  Given the many heavy items routinely lifted and moved in the maritime shipyard environment, it's critical that riggers perform their job in a way that avoids exposing themselves and others to potentially life-threatening hazards.  Improper lifts and rigging failures have injured maritime workers and cost lives.

As noted in the SHIPS, the federal Occupational Safety and Health Act requires that employers meet safety and health standards and regulations issued by OSHA or by a state that has an OSHA-approved state plan.  Employers also have a general duty to provide employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Thus, OSHA's new guidesheet emphasizes safe work practices while offering information to help keep riggers and their co-workers out of harm's way.

The SHIPS addresses in detail rigging hazards and best practices in the rigging process; discusses a variety of hazards specific to riggers and their co-workers, such as falls, electrical shocks, and several types of traumatic/acute injury; and reviews case histories as examples of what can go wrong in the rigging process, with analysis of each case, pictures illustrating unsafe practices, and recommended preventive measures that can help employers and their riggers avoid repeating others' injury-causing mistakes.

The SHIPS also provides links to computer-animated videos depicting shipyard accidents and identifying errors along the way.  Employers also can find links to a variety of mini-posters for placement at jobsites, each highlighting a rigger safety practice as an important reminder to employees who work in the hazardous maritime shipyard environment.

The maritime personal injury attorneys at Arnold & Itkin LLP encourage shipyard employers to review the new SHIPS guidesheet in light of their current practices, and to work with their riggers to ensure that they are fully educated about the safety risks they face daily.

For a free consultation on a possible maritime injury claim, call our maritime accident lawyers toll free at (877) 632-8168 or contact us online. Our maritime injury attorneys can advise you on all aspects of maritime law, including the Jones Act, the Longshore and Harbor Workers’ Compensation Act, the principle of maintenance and cure and the Death on the High Seas Act.

We are skilled maritime accident trial lawyers and aggressive offshore injury attorneys for injured shipyard workers. We represent maritime victims in accident, injury and wrongful death claims. Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Houston maritime attorney Jason Itkin notes that the effects of the BP Deepwater Horizon oil spill are still being felt by many communities and workers along the Gulf Coast as the first anniversary of the disaster approaches.

“Workers, families and small businesses across the Gulf are still trying to recover physically, financially and emotionally from the BP oil spill,” said Itkin, a partner in Arnold & Itkin LLP, a Houston, Texas law firm that represents injured offshore workers and those harmed by the BP Deepwater Horizon disaster. “Some still need help getting back on their feet and receiving fair compensation for their losses.”

A recent study in the New England Journal of Medicine said the full environmental, economic and health effects of the BP Deepwater Horizon oil spill remain unclear a year after the disaster in the Gulf of Mexico.

The study said the catastrophic accident does underscore the vulnerability of humans and ecosystems to environmental changes such as oil spills.

“It’s difficult to quantify the effects of the disaster when they are still rippling through communities across the Gulf,” Itkin said. “For that reason, we think that quick payouts often undervalue the actual cost of the losses and do more to relieve the oil companies of liability than to help workers and small businesses.”

As deepwater drilling resumes in the Gulf of Mexico, Houston maritime accident attorney Kurt Arnold said it’s important to keep pressing oil and gas exploration companies to focus on safer drilling practices and precautions to protect offshore workers and prevent loss of life.

“We should never forget that 11 workers lost their lives in the BP Deepwater Horizon and consider the lasting impact that maritime disaster had on the families of offshore workers,” said Arnold, a partner in Arnold & Itkin LLP.

“The subsequent investigation has shown that the loss of life was preventable if BP had focused on safety," he said. "We will keep asking if enough has been done to protect offshore workers and prevent another disaster.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Houston maritime injury attorney deeply involved with the aftermath of the 2010 Gulf oil spill disaster has voiced skepticism about an oil industry plan to establish an offshore safety institute.

Kurt Arnold, founding partner of Arnold & Itkin LLP, voiced concern recently that, despite assurances otherwise, the American Petroleum Institute’s proposed Center for Offshore Safety would be too closely tied to the API’s mandate to promote the industry’s interests.

As Arnold observed, “The objectives of the Center for Offshore Safety are proper and necessary, but they should be addressed by a totally independent organization, not by the oil industry’s primary trade group."

The Presidential commission that studied the April 2010 explosion of the BP Deepwater Horizon oil rig operated by Transocean and the resulting oil spill recommended an institute to study offshore safety issues.

Eleven people were killed in the Deepwater Horizon explosion, and the millions of gallons of oil spilled into the Gulf shut down commercial fishing for months.

“The API exists to lobby for and otherwise promote its member oil companies, and it is, at best, difficult to see how it will serve two masters." — Houston maritime attorney Kurt Arnold

The maritime lawyers of Arnold & Itkin LLP are working to protect the rights of many Transocean offshore workers and businesses injured in the BP Deepwater Horizon spill. Arnold and partner Jason Itkin are acknowledged experts in the Jones Act and other maritime law.

Jack Gerard, API president and CEO, said in a statement announcing the Center for Offshore Safety that it “will promote the highest level of safety for offshore operations through an effective program that addresses management practices, communication and teamwork, and which relies on independent, third-party auditing and verification.”

The API said the Center, which is to be based in Houston, will be operated by API’s standards and certification arm, which is separate from its lobbying group.

“Offshore workers are continuously exposed to the threat of serious injury, from burns and electrocution, to back injuries, head injuries, loss of a limb and fatalities,” Arnold said. “Serious study of offshore hazards and the development of policy and procedures to help mitigate the risks of offshore work is warranted. But we don’t expect it to be done properly by those who profit from the dangerous jobs these workers are willing to do.”

The maritime lawyers at Arnold & Itkin LLP, a Houston personal injury law firm, understand the complexities and legalities of maritime law and have a successful track record of verdicts and settlements in favor of offshore workers. The firm can be contacted toll free at (866) 222-2606 or online through its website.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Oil companies are obliged to better protect their offshore workers when deep-water drilling starts again this month in the Gulf of Mexico, Houston maritime attorney Kurt Arnold says.  Arnold spoke in reaction to the recent approval of the first deep-water drilling permit since the April 20 BP Deepwater Horizon oil rig disaster.  That horrific accident killed 11 offshore workers, injured several others and triggered the largest oil spill in U.S. history.

According to The Houston Chronicle, Noble Energy will begin the drilling in late March in its Santiago prospect about 70 miles southeast of Venice, Louisiana.  The company was drilling there before federal officials imposed a five-month moratorium.

“Our sincere hope is that getting back to business in the Gulf doesn’t lead to business as usual when it comes to the safety of offshore workers,” said Arnold, a partner in the Houston maritime law firm of Arnold & Itkin LLP, which is currently representing several Transocean workers who were injured in the Deepwater Horizon fire and explosion.

“New regulations are aimed at ensuring workplace safety for oil workers, and it’s going to be up to oil companies to follow those rules and up to federal officials to make sure companies comply,” Arnold said. “We can’t go back to the way it was before.

In an editorial piece in The Houston Chronicle, the director of the Bureau of Ocean Energy Management, Regulation and Enforcement said the permit had been issued because Noble Energy had shown that it could drill its deep-water well safely and that it could contain any subsea blowout.

According to The Washington Post, new safety regulations will require oil and gas exploration companies to have in place specific procedures that are intended to prevent a well blow-out, such as the one that occurred with the Deepwater Horizon.

As the newspaper reported, a new workplace safety rule will also require drill operators to identify and address hazards as well as safety procedures and strategies for all phases of drilling.

Jason Itkin, a Houston maritime lawyer and partner of Arnold & Itkin, said the burden will be on oil and gas exploration companies to follow the new rules.

“Before last April, there was a culture of putting profit before safety, and we can never return to that culture,” Itkin said. “Offshore workers need to get back to drilling because they need the work. What they don’t need is another tragedy.”

The lawyers at Arnold & Itkin LLP are aggressive maritime accident trial attorneys who understand the complexities and legalities of maritime law.  Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Arnold & Itkin LLP maritime accident trial attorneys recently filed a Jones Act suit on behalf of a Beaumont, Texas man. The case was filed against Maersk Line, Limited in Jefferson County, Texas.

The man was an OS who served aboard the USNS Able – a Military Sealift Command (“MSC”) special mission vessel.

The man was seriously injured while the ship was offshore of Japan while he was trying to exit a hatch. He severely hurt his lower back and tore tendons in his ankle. He has been unable to work since the accident.

Arnold & Itkin LLP is proud to help this seaman and his wife get their lives back on track.

If you have questions about a possible maritime injury claim, call our maritime accident lawyers toll free at (877) 632-8168 or contact us online.

We are skilled maritime accident trial lawyers and aggressive offshore injury attorneys for injured maritime workers. Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On the morning of March 6, the United States Coast Guard responded to reports of an oil production platform on fire approximately 50 miles off Grande Isle in the Gulf of Mexico.

The response resulted in the rescue of two men who had been aboard the platform, but who abandoned the burning structure in a life capsule.  According to the Coast Guard, the men were recovered from the capsule by a good Samaritan vessel.  From there, the men were hoisted aboard a rescue helicopter and taken ashore for medical treatment.

The blaze occurred aboard the GI 102A production rig owned by Arena Energy, according to a Coast Guard news release.  Arena said the platform had been shut down some two weeks earlier and was not in active production.  The Bureau of Ocean and Energy Management, Regulation and Enforcement dispatched personnel to the site in order to verify the status of the wells and the platform, and to investigate the cause of the fire.

Fortunately there were no initial reports of any oil spill or other environmental pollution associated with the event.

The fire aboard the idled production rig vividly reflects the perils facing maritime workers each day.

If you or a loved one have been injured in an oil rig or other maritime accident, the aggressive maritime accident trial attorneys of Arnold & Itkin LLP will work to ensure that you receive the compensation you deserve.  Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Houston maritime attorney Jason Itkin today blasted the recent claim by BP that the Gulf Coast Claims Facility has been too generous in determining final payments for victims of the BP Deepwater Horizon Gulf oil spill.

“We recognize the obligation of any corporate entity to protect its own financial interests, but this would be laughable if it wasn’t so callous,” said Itkin, a founding partner of Arnold & Itkin LLP. “BP is further damaging its reputation by taking this stand against the people of the Gulf region who have been deeply wounded by this disaster.”

Itkin and partner Kurt Arnold are acknowledged experts in maritime law and the BP Deepwater Horizon spill , having shared their insights about the incident with national and local media in the aftermath of the disaster, including National Public Radio’s “All Things Considered,” CNN’s “Anderson Cooper 360,” the Houston Chronicle and Houston’s ABC television affiliate, among others.

BP recently posted a document to the Gulf Coast Claims Facility website claiming that the Facility’s administrator, Kenneth Feinberg, has artificially inflated future expected losses for victims of the spill, according to the Associated Press (and as noted here).

The government forced BP to set up the $20 billion fund in the wake of the April 20, 2010, BP Deepwater Horizon disaster. Feinberg was installed as administrator of the fund with no guidelines for determining claims. He has come under fire for being too slow to make payments and for paying too little to those awarded payments.

BP’s claims were made February 16, the last day of the public comment period that Feinberg had initiated.

“Every study of this disaster has shown that BP made poor decisions that led to the loss of the oil rig and the contamination of the Gulf,” Itkin said. “Now they show the same attitude of indifference, if not hostility, to the many individuals and business who continue to suffer because of BP’s neglect of safety and propriety in their offshore operations.”

If you have questions about a possible maritime injury claim, for a free consultation call the maritime accident lawyers at Arnold & Itkin LLP toll free at (877) 632-8168, or contact us online. Our maritime injury attorneys can advise you on all aspects of maritime law, including the Jones Act, the Longshore and Harbor Workers’ Compensation Act, the principle of maintenance and cure and the Death on the High Seas Act.

The attorneys at Arnold & Itkin LLP are skilled maritime accident trial lawyers and aggressive offshore injury attorneys for injured shipyard workers. We represent maritime victims in accident, injury and wrongful death claims. Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Maritime law attorney Kurt Arnold, of Houston’s Arnold & Itkin LLP personal injury law firm, recommends that offshore workers in Louisiana and Texas apply quickly to take advantage of recently re-designated BP Deepwater Horizon disaster relief funds.

An estimated 9,000 boat operators, shipyard workers who load supplies or repair equipment, workers who provide industrial chemicals or food for the rigs and diving and crew boat workers will be eligible for hardship grants ranging from $3,000 to $30,000.

“Like many of the government mandates in the wake of the BP/Deepwater Horizon oil rig failure, the regulations pertaining to BP’s relief fund can be complicated,” said Arnold, a founding partner of Arnold & Itkin LLP.

“Those who think they are affected should seek legal help from a firm familiar with this ongoing case, as well as maritime law in general,” Arnold noted. “The ongoing impact of this disaster is wide-reaching and complex for individuals and businesses, and those hurt by it should make sure their rights are protected.”

Individuals who were working on May 6, 2010, in direct support of a deepwater drilling rig affected by the federal moratorium on drilling enacted after the BP Deepwater Horizon disaster can file grant applications from March 15 to May 13, either online at RigReliefGrants.org or by calling (866) 577-8141.

The Gulf Coast Restoration & Protection Foundation is administering the $110 million disaster relief fund, and says it expects to mail all award checks to approved applicants by June 15.

Many oil rig workers and other offshore workers injured in the BP Deepwater Horizon disaster, along with businesses throughout the Gulf Coast region damaged by the impact of the oil spill, have called upon the attorneys of Arnold & Itkin LLP to assist them in resolving claims against Transocean and BP.

The maritime accident lawyers at Arnold & Itkin LLP, a personal injury law firm based in Houston, Texas, understand the complexities and legalities of maritime law and have a successful track record of verdicts and settlements in favor of maritime workers. The law firm provides legal guidance on all aspects of maritime law and the benefits offshore workers 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. Arnold & Itkin LLP handles maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama. The firm can be contacted toll free at (866) 222-2606 or through its website.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Houston trial law firm Arnold & Itkin LLP recovered a verdict of more than $2.4 million handed down on February 17th on behalf of a worker who suffered severe burns while on the job at ExxonMobil’s refinery in Baytown, Texas.

Attorneys Kurt Arnold and Paul Skrabanek of Arnold & Itkin represented the injured refinery worker in a jury trial heard in Texas state district court in Houston.

The firm's client suffered burns over 25 percent of his body in mid-2008 as a result of a flash fire from hot oil that poured out of a pipe bleeder valve and ignited.  The injured man was working on an elevated platform and could not get to the ground because the exit was blocked by the fire.

At trial, attorneys Arnold and Skrabanek successfully argued that the pipe system, designed by GDS Engineers Inc. and SNC-Lavalin Engineers & Constructors Inc., was faulty, and that the oil should have been pumped in a closed pipe since it was above its autoignition temperature and represented a fire hazard.  Evidence also showed that the platform on which the firm's client was working violated safety regulations by not incorporating two paths to enter and exit the platform.

Attorney Arnold admonished that the firm's client “is a dedicated, hard worker who was severely hurt just trying to do his job."  In addition, Arnold said, “GDS Engineers and SNC-Lavalin could have prevented this terrible accident by taking basic steps to design the platform and equipment to account for these obvious hazards.”

GDS Engineers and SNC-Lavalin insisted on a trial, and jurors awarded a total of $2.434 million after finding that the companies’ negligence was the cause of the refinery worker's injuries.  The total award includes $1.84 million for pain and mental anguish, $380,000 for physical impairment and disfigurement, $146,000 in medical expenses and $68,000 in lost wages.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A national commission on the BP Deepwater Horizon oil spill correctly concluded that the deadly and costly accident was the culmination of years of industry and government complacency and a lack of attention to safety, Texas offshore injury lawyer Jason Itkin said this week.

The report, issued January 11 by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, called for an overhaul of the approach of government and industry to drilling safety.

“We know that lack of attention to safety is dangerous. We’ve represented hundreds of injured offshore workers and repeatedly seen the lack of safety precautions that lead to preventable offshore accidents,” said Itkin, a partner in Arnold & Itkin LLP, a Houston, Texas-based maritime accident and injury law firm that represents several injured Transocean workers.

As offshore platforms drill in deeper waters where most of the oil resources remain, only systematic reforms to industry drilling practices and government oversight will reduce the chances of a future large-scale disaster similar to the Deepwater Horizon, the report concluded.

An explosion and fire aboard the Deepwater Horizon in April 2010 killed 11 maritime workers, injured dozens and created one of the worst environmental disasters in U.S. history. BP was leasing the Deepwater Horizon from Transocean at the time of the fatal offshore accident and drilling about 50 miles off the Louisiana coast.

Houston offshore injury attorney Kurt Arnold, a partner in Arnold & Itkin LLP, said improvements to drilling safety would directly benefit offshore workers and indirectly help other Gulf coast industries.

“We’ve seen the harm the BP oil spill caused working families and many businesses along the Gulf from Texas to Louisiana to Mississippi,” he said. “We understand their struggles because we’ve sat in their homes and on the porches and listened. Everyone benefits from safer drilling practices that preserve clean beaches and open fishing grounds.”

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Trackbacks
• Share Link

According to a recent New York Times report, formerly undisclosed documents show that Congressional officials expressed safety concerns about offshore drilling, the potential for oil spills, and BP itself, well in advance of April's Deepwater Horizon catastrophe.  In particular, concerns were raised regarding the safety of another BP oil platform based in the Gulf of Mexico, known as the Atlantis.  Federal regulators with the former Minerals Management Service were not especially responsive to Congressional inquiries on the matter, informing members of Congress in 2009 that they could not specifically address concerns about the potential for a "catastrophic" accident on the Atlantis.

The communications between federal regulators and Congressional officials came to light when the Interior Department responded to a Freedom of Information Act request by the New York Times.

According to the Times coverage, before the catastrophic loss of the Deepwater Horizon and the resulting oil spill, the MMS often had trouble getting attention from members of Congress and their aides, absent some pending issue with political implications.  That all changed with April's BP disaster, which led to the reorganization and renaming of the MMS, now known as the Bureau of Ocean Energy Management, Regulation and Enforcement.

Even after the Deepwater Horizon tragedy, officials with the federal regulatory agency apparently resisted providing some records because they held "proprietary" information that belonged to BP.

Notable among the information released was a letter, issued to BP by federal regulators a year prior to the explosion aboard the Deepwater Horizon, warning BP to exercise caution in drilling operations in light of "indications of shallow gas and possible water flow."

An ongoing formal investigation regarding safety issues aboard the Atlantis continues at this time.

If you have any questions regarding a maritime incident or have suffered a maritime injury, 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.

• Email This
• Print
• Trackbacks
• Share Link

New safety regulations on offshore drilling may add needed checks and safeguards to prevent catastrophic blowouts and offshore accidents, according to Houston maritime attorney Kurt Arnold.  But, Arnold observed, the onus remains on oil and gas exploration companies to follow safety rules and avoid the kind of corner-cutting that jeopardizes offshore workers’ lives.

While efforts to focus more attention on offshore worker safety and protection of rig workers are tragically overdue, Arnold, a founding partner of the Houston maritime law firm of Arnold & Itkin LLP, cautioned that "the most stringent safety regulations won’t protect workers when reckless oil companies disregard them.”

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) outlined new federal regulations and safety procedures for offshore drilling December 8 at the First International Offshore Oil & Gas Law Conference in New Orleans, Louisiana.

Jason Itkin, a Houston maritime lawyer and founding partner of Arnold & Itkin LLP, observed how tragically unfortunate it was that tougher safety rules weren’t in place last spring to help to prevent the fatal explosion aboard the Deepwater Horizon.  “It’s unfortunate that government offshore worker safety regulations for too long failed to keep pace with the oil and gas industry’s expansion into greater depths,” says Itkin, whose firm is representing several injured Transocean workers.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

• Email This
• Print
• Trackbacks
• Share Link

A presidential panel is bringing to light the corporate carelessness that led to the Deepwater Horizon oil rig disaster and the worst offshore oil spill in U.S. history, according to Houston maritime attorneys Kurt Arnold and Jason Itkin.

Coverage in the Los Angeles Times indicates that during the panel’s recent hearings, co-chairman William Reilly said that BP, Halliburton and Transocean were each responsible “for one or more egregiously bad decisions” leading up to the disaster, while the other panel chair, Bob Graham, said the companies had created “a culture that did not promote safety, and that culture failed.”

The attorneys "look forward to seeing the panel’s ultimate findings, which we believe will show that the carelessness of each of these companies contributed to this tragedy,” says Arnold, a founding partner of the Houston maritime law firm, Arnold & Itkin LLP.

The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling has been investigating the disaster since May. The panel’s final report is expected to come out in January.

"We expect this panel will reveal how these companies, which were facing financial pressure at the time, rushed through a series of decisions without any regard for the consequences to their workers,” says Itkin, another founding partner of Arnold & Itkin LLP.

Arnold and Itkin have shared their maritime law expertise and insights about the incident with national and local media in the aftermath of the disaster, including National Public Radio’s “All Things Considered,” CNN’s “Anderson Cooper 360,” the Houston Chronicle and Houston’s ABC television affiliate, among others.

The law firm is representing several offshore workers who were injured in the explosion.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

• Email This
• Print
• Trackbacks
• Share Link

Preliminary findings by the National Oil Spill Commission, the presidential panel dedicated to investigating the BP Deepwater Horizon explosion and resulting oil spill in the Gulf of Mexico in April, reflect that the tragedy stemmed from “several very human decisions made by competent persons who missed signals."

In an interview with Bloomberg's Lizzie O'Leary, William Reilly, co-chairman of the commission and former Director of the U.S. Environmental Protection Agency, said that understanding what went wrong aboard the rig has been challenging because many of those manning the rig died in the explosion. Reilly did say, however, that many decisions were questionable and some were "outright wrong."

The panel identified the lack of standard protocols, such as the way gauges are designed and how the necessary information is disseminated, as one important lesson learned and an area where standards should be enforced. This led Reilly and the panel to recommend an "entity, much like exists in the nuclear industry, to raise the bar for safety everywhere" within the oil industry.

While other studies have found the resulting explosion was due to BP cutting corners to cut costs and to save money, the commission found no evidence that BP took any action that would intentionally jeopardize safety to cut costs.

The commission found that Halliburton Co., one of the companies along with BP and Transocean involved in operation of the rig, may have recommended use of an inadequate cement formula for sealing the well, contributing to the explosion.

BP may still be held liable in civil courts, resulting in fines and legal costs in the billions of dollars.

The maritime injury lawyers of Arnold & Itkin LLP have shared their legal expertise and insights about the Gulf Coast oil spill with national and local media in the aftermath of the disaster, including National Public Radio’s “All Things Considered,” CNN’s “Anderson Cooper 360,” the Houston Chronicle and Houston’s ABC television affiliate, among others.

For more information about the firm, please visit Jones-Act-Maritime-Lawyer.com and LawyerForYou.com. For a free consultation about a maritime injury or accident, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free at (866) 222-2606.

• Email This
• Print
• Trackbacks
• Share Link

Arnold & Itkin LLP maritime lawyer Kurt Arnold recently obtained a successful settlement in a Jones Act personal injury case filed on behalf of a seaman who suffered severe injuries while working for an employer off the coast of Louisiana.

The seaman lived in Louisiana and was injured while working in Louisiana inland waters. His Jones Act personal injury case was filed in Galveston County, Texas, under special venue rules which apply to lawsuits involving injuries that occur in inland waters in the Gulf of Mexico.

The firm's client had severely injured his leg due to an unsafe working environment. Maritime lawyer Kurt Arnold was able to prepare the client's case for trial and reach a successful pre-trial settlement less than twelve months after the original injury occurred.

Under Arnold's lead, the action was resolved with a settlement of $2,375,000 on the client's behalf.

For more information, please visit:

Jones-Act-Maritime-Lawyer and

LawyerForYou.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free 877-398-4972.

• Email This
• Print
• Trackbacks
• Share Link

Arnold & Itkin LLP maritime attorney Kurt Arnold recently obtained a substantial settlement in a Jones Act personal injury lawsuit filed in Houston, Texas, on behalf of an injured seaman.

The firm's client, from northwestern Louisiana, was hurt when he was violently struck by a spreader bar while working as a seaman.  Afterward, the injured seaman's employer denied him the right to be treated by a physician of his choice.

Arnold & Itkin LLP took on the injured worker's case and helped provide him the necessary funds to receive medical treatment and to meet his daily needs while his case was pending.

Lawyer Kurt Arnold then was able to negotiate a successful $1,500,000 settlement on the client's behalf one month before trial, just eight months after filing suit.

Kurt Arnold and the firm are proud to have aided another injured seaman who deserved just compensation for injuries incurred while working in the maritime industry.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

• Email This
• Print
• Trackbacks
• Share Link

Arnold & Itkin LLP maritime attorneys Kurt Arnold and Paul Skrabanek recently filed suit on behalf of an injured Kirby Inland Marine worker.

The worker severely injured his shoulder while he was training another worker about how to throw lines and tie off barges.

The firm's client already had undergone multiple shoulder repair surgeries.  Unfortunately, it was likely that he would require further surgical repairs as part of his continuing recovery from the severe work-related injuries.

The suit is pending in Harris County, Texas.

Attorneys Arnold and Skrabanek look forward to vigorously pursuing their client's damages claims in the pending case.

For more information on Arnold & Itkin LLP and maritime injury claims, 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 877-398-4972.

• Email This
• Print
• Trackbacks
• Share Link

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.

 

 

 

• Email This
• Print
• Trackbacks
• Share Link

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.

 

 

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

 

 

• Email This
• Print
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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., Kenner, La.  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.

 

 

• Email This
• Print
• Trackbacks
• Share Link

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.

 

 

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

• Email This
• Print
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Trackbacks
• Share Link

(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

 

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

 

 

 

• Email This
• Print
• Trackbacks
• Share Link

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!

 

• Email This
• Print
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Trackbacks
• Share Link

• Email This
• Print
• Trackbacks
• Share Link

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 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Share Link

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.

 

 

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

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.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

 

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A 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.

Continue Reading...

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

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. However, 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.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. Maritime 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Investigators 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. The 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. The 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

After 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. He 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. The 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.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

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.

Across 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Fortunately, 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

It 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. Galveston 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.

• Email This
• Print
• Comments
• Trackbacks (1)
• Share Link

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.

The 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. New 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.  When 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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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, a 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

Maritime Accident

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

Maritime Injury Attorneys

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

Maritime Accident Claims

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

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

Maritime Injury Claims 

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

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

 

Application of Maritime Laws

 

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

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

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

Tugboat Accidents

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

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

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

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

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

Jones Act Rights Protect Seamen from Injuries Caused by Another Employee

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

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

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

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

 

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

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

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

Unseaworthy vessels threaten safety of maritime workers

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

Questions about Jones Act Seaman status

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

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link