Frigid waters add to maritime risks for Alaskan crabbing fleet

In Alaska, October means the start of the crabbing season. Consumers often take for granted the process gone through to place the delicacy on plates across the country, but the harsh conditions that affect the Bering Sea can present fishermen with an array of hazards not faced by those who work on boats in warmer waters. In an effort to reduce accidents, and possible subsequent legal claims, the Coast Guard has teamed up with personnel from the Alaska Department of Fish and Game to observe and inspect crabbing vessels and to offer additional safety training.

The Coast Guard has been deployed in the Aleutian Island chain off the southwest tip of the state and the Bering Sea in order to improve response time in the event of emergencies.

One aspect of the crab fishermen’s job that makes their profession particularly perilous is the location, as early-October temperatures through parts of the Aleutian Island chain have already dipped into the 40s (Fahrenheit), meaning seamen who fall overboard face the additional risk of hypothermia. Because of the frigid and rough seas, accidents are often more serious than those in warmer waters, increasing the risk of serious injury and death.

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OSV Operators Await Changes to Jones Act

Operators of Offshore Service Vessels (OSV) supporting the offshore energy production industry are awaiting changes to recent Jones Act rulings from U.S. Customs and Border Protection.

The Jones Act is a maritime law, which states (among other things) that only ships built in American shipyards and that are owned and crewed by Americans have the right to transport cargo between U.S. ports. Recently, U.S. Customs and Border Protection (CBP) approved waivers that allowed certain foreign vessels to transport and install oilfield equipment in U.S. waters. Last summer, CBP announced plans to modify 20 rulings in order to restore the original intent of the Jones Act, which is to protect the U.S. maritime industry from foreign competition.

The CBP said it recognized the fact that “allowing foreign-flagged vessels to transport merchandise from one U.S. point and install that merchandise at another point on the condition that it merely be accomplished on or from that vessel would be contrary to the legislative intent” of the Jones Act.

Under the modified rulings, foreign vessels will still be able to install oilfield equipment, but they will no longer be allowed to transport the equipment from U.S. ports to the installation site. The previous rulings allowed foreign vessels to carry equipment to offshore oil and gas facilities as long as the same vessel installed it.

 
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Offshore Crew Evacuated after Oil Leak off Australia Coast

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

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

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

Offshore Workers Work in Hazardous Conditions

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

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

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

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Idaho Man Injured in Accident on Commercial Fishing Vessel

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

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

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

Risks Aboard Commercial Fishing Vessels

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

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

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

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

 
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Fisherman Evacuated from Commercial Vessel after Suffering Heart Attack

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

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

Jones Act Seaman

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

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

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

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

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Cosco Busan to Pay $10 Million Penalty in Ship Accident

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

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

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

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

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

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

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

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

Jones Act Seamen Can Sue Their Employer

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

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

Four Boaters Uninjured After Hudson River Maritime Hit and Run

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

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

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

Vessel Collisions

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

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

Maritime Worker Suffers Injuries on Boat off New Jersey Coast

As maritime lawyers, we often get asked whether or not a seaman’s injuries qualify him for compensation under the Jones Act. The Jones Act does a great job of providing benefits for seamen who may be injured or incapacitated in several ways.

This week, a 27-year-old Jones Act seaman on a boat off the coast of New Jersey suffered injuries to his upper arm while picking up a heavy object. The worker was on a 151-foot boat, about half a mile off the coast of Cape May. The crew of the boat, Relentless, informed the Coast Guard that the worker had sustained an injury in his upper arm while picking up an object. The Coast Guard station dispatched a rescue boat crew and the man was transferred to the station, after which he was taken to a hospital for medical treatment.

Jones Act Coverage and Maritime Worker Training

In situations like these, an employer could try to place the blame for the injury on the worker himself. They may try to put the responsibility off on the worker's negligence or failure to take safety precautions. Maritime VesselsOn a boat with no one but other crewmembers around, it is easy for a seaman to believe what his employer or the vessel safety team tells him. Sometimes, it is only when clients visit a maritime lawyer without expecting much of a case, that they realize the extent of their rights under the Jones Act.  

Injuries to the shoulder, neck, and back can be extremely debilitating, and can be severe enough to prevent the worker from returning to his duties for weeks or even months. Employers can take several steps to prevent such distressing injuries that can incapacitate a worker, including:

  • Workers must be trained to follow all safety precautions while performing lifting, lowering, and carrying activities.
  • A worker must not be made to lift and carry loads or objects that are beyond his capacity.
  • A worker should not be performing jobs on a boat he is not required or trained to perform. (Employers often under staff a vessel in an attempt to cut costs, placing workers at risk while performing jobs that they are not trained to do.)
  • Workers should not be made to work for long hours without a break, this increases the possibility of repetitive stress injuries.

Three Maritime Workers Rescued after Honolulu Fishing Boat Accident

Three fishermen in Hawaii were rescued after their boat overturned and sank.

The fishermen were three miles southeast of Hilo when their boat overturned. Soon after the U.S. Coast Guard Sector Honolulu Command Center received a distress signal from the Hawaii County Fire Department. One of the fishermen aboard a 19-foot boat used his cell phone to call for assistance as soon as the boat began to tip over. Fishing Vessel's Can Easily CapsizeThe Coast Guard mounted a search and rescue effort. By the time rescue teams arrived, the fishermen had drifted a few miles away from the point where the vessel capsized. All three men were clinging to a cooler in the water. The men were rescued by lowering a rescue basket into the water from an aircraft. They were transferred to a hospital where they received medical attention. None of the fishermen are believed to have been seriously injured.

Vessel Capsizing - Maritime Nightmare

Being on a vessel that capsizes or overturns is one of the worst situations for any maritime worker to be in. It is at such moments that the employer's responsibly to provide Coast Guard-approved personal flotation devices and the workers' training in using them effectively are tested. Wearing a life jacket aboard a fishing vessel may seem like the most sensible thing you could do, but you would be amazed at how often maritime lawyers come across cases where workers drowned because they were not wearing life jackets. Many workers insist that life jackets are cumbersome to work in, but failure to wear them can cost a Jones Act seaman his life.

Capsizing accidents at sea can often be attributed to poor weather and lack of crew member training. For instance, a vessel crew must be able to call for a return to shore if possible, in case weather conditions become too rough to carry on. A boat is very likely to overturn in stormy weather conditions and maritime workers should not be placed at risk.

Body of Maritime Worker Found after Fall off Shrimping Boat

The body of a shrimper reported missing after he fell off a fishing boat, has been recovered from the Gulf of Mexico. 

According to the South Padre Island Coast Guard station, they received a call on Wednesday morning from the crew of the shrimp boat, Matilda Tower, saying a man had fallen overboard. The crewmember was last seen at about 1:30 that morning. Jones Act ShrimperA helicopter search crew was sent out, and the body was spotted five miles off the coast of South Padre Island. A boat crew was sent to recover the body.

The crewman has been identified as Raul Gonzalez. According to some news reports, officers indicated that the body contained suspicious marks and that there was a possibility this would be treated as a homicide case.  An autopsy has been ordered, and the FBI has been notified of the possibility of a homicide at sea.

Can assault result in a Jones Act claim?

Assault by a crewmember aboard a ship can be a basis for a Jones Act claim. That does not mean every case involving injury and assault by another seaman is eligible for damages, but there are many instances where the ship owner may be liable.

Previous precedents have held ship-owners liable for injuries to a seaman by other crewmembers. In an earlier maritime assault case, the ship owner was held liable for a seaman being stabbed to death by another crewmember. The ship owner was held liable for failing to prevent the assault. In case of assault by another crewmember, a seaman can also recover damages claiming unseaworthiness of the vessel or negligence.

Identifying Maritime Employer Negligence

Identifying employer negligence or proving unseaworthiness in an assault by a crewmember that results in injuries or death of a Jones Act seaman can be a complicated process. Juries and judges are likely to look, not only at the nature of injuries that occurred, but also at the circumstances surrounding the assault, the measures that the ship owners could have taken to prevent such an assault, the negligence of other crewmembers that could have contributed to an injurious assault, etc.  In such cases, seamen will need expert representation by a maritime lawyer.

Alaska Maritime Worker Suffers Crushing Finger Injuries

A maritime crew member on a freighter off Alaska was airlifted to the hospital after he suffered crushing injuries aboard the vessel.

According to the Coast Guard, the 53-year-old maritime worker suffered the crushing injury while working on a diesel engine. His right index finger got caught in one of the gears, and was crushed and partially severed. The worker was aboard the vessel, Horizon Anchorage. The master of the vessel informed the Coast Guard center in Juneao and the agency dispatched a rescue helicopter to transport the injured worker to the hospital.  

Crushing Injuries - GearsWorkers aboard ships and cargo vessels face the risk of a range of injuries beyond those faced by workers on land. Maritime workers, including fishermen, offshore workers, ship crew members, and tugboat operators are required to operate complicated marine equipment.They may have to perform shift-based duties that increase their exposure to fatigue and stress, increasing the chances of an accident. Also, when an injury occurs, workers are far from emergency medical care. Even airlifting an injured seaman from a vessel via a medical helicopter can be a tough exercise. Also, workers are far from their families and loved ones, which only compounds the stress of the injury. 

Maritime laws, like the Jones Act, acknowledge the hard conditions workers toil under, and provide a range of benefits in compensation for injuries. Work aboard a vessel is always fraught with the risk of injury. The Jones Act makes compensation possible, even for minor negligence by an employer. In fact, a seaman injured while performing activities he knows are dangerous may also be eligible for compensation from the employer. Jones Act seamen may be eligible to recover lost wages for all lost working hours when they are incapable of working, as well as payments for medical expenses and rehabilitation costs.

All Seamen Under the Jones Act Have Rights to “Maintenance and Cure Benefits"

"Maintenance" includes provisions for the daily expenses for the seaman he would have received if he had not been injured. These can include a daily allowance to meet his food and shelter expenses.

"Cure" includes medical care, hospitalization expenses, and rehabilitation therapy, at least until the injured seaman reaches a level of maximum medical improvement. A seaman is believed to have reached a state of maximum medical improvement (MMI) when he has recovered from his injures to the maximum extent possible. This state of MMI can become a point of contention between a maritime lawyer and the employer of a seaman because the Act does not provide for maintenance and cure after the MMI is reached.

Maritime Companies Rule out Arming Workers to Prevent Pirate attacks

Gangs of Somali pirates have turned their attention to American vessels with two attacks on our ships in April alone, but maritime companies have ruled out the option of arming their workers to deal with this deadly threat.

Representatives of shipping companies at a maritime conference in Singapore indicated that they are not keen on arming their workers with weapons to deter armed Somali pirates. These dangerous gangs are comprised of highly sophisticated criminals armed with modern automatic weapons, and their attacks have shown a strong bent of mind and careful planning. Currently, sailors navigating the waters in the Gulf of Aden are forced to prop mannequins dressed in military fatigues and holding fake weapons to fool pirates. Obviously, dummy military personnel have done little to ward off attacks by the gangs. Somali pirates have been attacking international vessels more frequently than ever before.

Maritime Industry Decodes Against Arming WorkersAt the Massachusetts Maritime Academy, President Admiral Rick Guenon is calling for increased action to protect ships and crew from pirate attacks. These actions include arming the crew members of vessels and increasing the number of warships in pirate infested waters. However, arming maritime workers is a sticky issue the Coast Guard is not in favor of. According to Coast Guard representatives, maritime workers are not trained to handle weapons. They also worry about the risk of liability when workers are allowed to carry sophisticated weapons.

It is clear that propping mannequins on the sides of ships, using water hoses to remove ladders pirates use to board ships, and other antiquated measures are doing little, if anything, to deter these gangs. We are looking at an international maritime security problem and so far, there are very few answers that can help keep our sailors, deckhands, cruise ship crew, house keepers, stewards, and other maritime workers safe.

Maritime lawyers must get more involved in demanding a safer and more secure working environment for workers who are at risk of life and limb in these pirate infested waters.

FBI Building Maritime Coordination Network to Boost Security

The FBI has limited experience in maritime security, but after the recent increase in threats posed to maritime workers and crew from pirates, the agency is building relationships with maritime companies in an effort to enhance its security programs.

The agency, from its Maritime Liaison office in Florida, is focusing on the commercial cruising industry, yacht and boating industry, cargo lines, and other maritime related industries. The intention is to increase the FBI's ability to gather intelligence. Cargo vessels and cruise ships, for instance, are much more likely to observe suspicious behavior and can report to the FBI, enabling the agency to take important steps in protecting maritime workers and our ports. Maritime Safety and the FBIThe agency plans to develop a comprehensive maritime network that can receive information from vessel lines and other sources, and then use the information to ward off any threats. The agency has established maritime liaison officers at all its field offices that have connections to the maritime industry.

Specific activities that the Florida FBI Maritime Liaison Center has investigated include major security threats like:

  • Hijacking
  • Bomb threats to vessels
  • Smuggling of weapons, explosives, and drugs

Also, the agency is monitoring suspicious activities, like photography and dubious purchases, like night vision equipment and underwater delivery systems. The agency is looking especially at such activities by people belonging to countries that have a history of threatening the U.S. In addition to these, the FBI is also investigating murders, assaults, suicide, and other matters that fall under maritime jurisdiction.

FBI Can Assist with Maritime Security Issues

With its reputation for efficiency and diligence, the FBI has a huge role to play in ensuring the security of maritime workers. Workers on cruise ships, cargo vessels, and crew members of yachts and luxury boats are at greater risk of danger on the seas than in previous decades. Years after 9/11, terrorism continues to be a threat to our country and maritime workers at sea are at an increased risk of dangers from such activities. The recent pirate attacks on American vessels have also increased the need for top level federal assistance for providing security to workers. 

As maritime lawyers, we believe such involvement of the country's top investigating agency is extremely important for the security of maritime workers.

If you have any questions regarding a maritime incident, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Cargo Ship Returns to Port After Pirate Attack; All Maritime Workers Safe

A cargo vessel that sailed from the Port of Houston and was attacked by Somali pirates, arrived at a Kenyan port with a U.S. Navy escort. Its 20-member maritime crew arrived safely and unharmed.

The ship, Liberty Sun, reached Mombassa last week. Last Wednesday, a gang of Somali pirates attacked the ship using rocket propelled grenades. The USS Bainbridge, which was carrying Captain Richard Phillips, the captain of the earlier hijacked Maersk Alabama, was called to help the crew of the Liberty Sun. However, by the time the Navy destroyer reached the area, the pilots had abandoned their plans. None of the crew members aboard the Liberty Sun were injured in the attacks, the vessel, however, sustained significant damage. 

Maritime Injury AttorneysThe bold attack that came so soon after the dramatic assault on the Maersk Alabama is proof that piracy in the waters off the Somali Coast is not just alive and kicking, but more aggressive than ever. Three of the pilots who attacked the Alabama were killed and the fourth was arrested. Enraged pirates have threatened to show no mercy to maritime crews in any vessel they attack from now on. Those words must be taken seriously. After all, since the three Somali pirates were killed, another armed gunmen managed to attack four other ships. To maritime attorneys, who work closely with injured workers, it is clear that this is not a minor law and order problem, but a grave maritime security issue.

President Barack Obama announced his intention to wipe out piracy, and maritime authorities issued warnings to ships to be alert to the dangers off the Somali coast. Maritime workers are not generally trained to deal with pirate attacks. It is obvious that security procedures on these vessels need to be enhanced, so workers and crew members are able to protect themselves if the vessel is intercepted by pirates. So far, there are very few answers to the piracy problem.

Maritime Safety

Maritime companies, meanwhile, are trying to find a balance that can keep their vessels and maritime workers safe, but their options are expensive. Some companies, including AP Roller Maersk, have begun to reroute part of their fleet to avoid these pirate infested waters. Other companies have not been so quick to follow suit. The detour is expensive and with a global economic crisis hitting the maritime transport industry, companies are not willing to rack up costs by rerouting vessels.

If you or a loved one has been injured in a maritime accident an experienced maritime attorney can help you recover the compensation you deserve. Contact a maritime injury attorney at Arnold & Itkin LLP to answer questions about your case.

Last Day for Maritime Security Card Compliance for Texas Ports

April 14th was the last compliance day for a federal maritime worker identification program that requires biometric identification for access to secure port areas. Texas ports, including those at Houston, Galveston, Freeport, Port Arthur, and Texas City, had their official compliance day, along with every other port across the country.

At the Port of Houston, the Transportation Worker Identification Credential (TWIC) compliance went off without a hitch. Nearby, at Galveston Port, however, some workers were turned away because they had not yet been enrolled in the program. It is estimated that there are about 300,000 maritime workers in the Houston area and as of April 9th only 78,708 maritime workers had been enrolled. Of these, 57,709 cards have been activated.

Maritime LawyerThe TWIC program was created due to the increased security threat to ports after 9/11. After the twin towers collapsed it became clear that our ports provided easy access to those who felt the need to harm Americans. The Department of Homeland Security established the program, which requires longshoremen, dock workers, vessel crew, truck drivers, and other maritime workers, who require access to ports, to produce an identification card. The program aims to introduce an additional wall of security to our ports, making them safer. Workers who have the identification card went through an intensive background verification check and are not seen as being a threat.

The number of maritime workers who have already enrolled in the program is over one million. The U.S. Coast Guard is in charge of enforcing compliance and has extended the compliance period to May 13th, 2009. This extension only applies to maritime workers who have applied for the cards and are waiting to receive them. These workers may be allowed unescorted access to secure port areas until May 13th if they can provide verifiable proof of their application.

Port officials in Texas have been working hard for months to remind workers about the compliance deadline. However, there are several workers who have yet to enroll in the program. Galveston Port officials say it has been especially difficult getting truckers to enroll in the program. If a trucker does not have his TWIC card, he can only access secure areas with an escort. This is bound to create delays and other problems. Providing escorts for maritime workers who do not have the card will also be expensive and time consuming.

Maritime Safety

Part of providing a safe working environment for maritime workers is ensuring their security. It is important that maritime companies participate in the program fully by getting their workers to apply for their TWIC card as quickly as possible.

If you have been injured in a maritime accident, a maritime attorney can help you receive the full benefits package that deserve. 

The attorneys at Arnold & Itkin LLP have represented thousands of maritime workers and helped them receive their dues. Contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.

Maritime Authorities Warn Crews & Workers about Risks of Pirate Attacks

As the captain of the cargo ship that was attacked by Somalian pirates was rescued, Combined Maritime Forces (CMF) issued a special advisory warning to mariners and workers, explaining that they should be extremely vigilant while navigating the waters off the coast of Somali.

Last week's riveting hostage drama ended with Captain Richard Phillips' rescue; although, the pirates have now warned of revenge against American ships. The Maersk Alabama, a 17,000 ton cargo vessel, was hijacked by a group of pirates last Wednesday. The ship was loaded with relief supplies for the U.S. Agency for International Development (USAID) to help feed malnourished people in Somalia. The pirates were armed with automatic weapons and rocket propelled grenades, but the 20-member maritime crew managed to negotiate their release. Maritime Injury AttorneyThe crew included Colin Wright, a Galveston resident. The captain, Richard Philips, gave himself up as a hostage to the pirates in return for the safe release of his crew members. The ship safely returned to port and after a five day standoff, Phillips too was rescued when snipers killed three of the pirates and took one into custody.

Meanwhile, CMF issued a special maritime advisory, pointing out the pirate attacks that have occurred off the Somali coast, and asking ships and their maritime crew workers to be vigilant and prepared to handle attacks. The advisory also says that despite the presence of ships and aircraft in the region, they are not likely to be able to provide support to a vessel in the event of a pirate attack. The advisory strongly underscores the kind of dangers maritime workers and crew face in this time of increased piracy.

Maritime Pirate Attacks

It has become clear that current maritime training is not sufficient for workers to handle the kind of aggressive pirate attacks taking place. For instance, maritime workers are not equipped to deal with hostage situations. Training programs and maritime safety procedures need to be revised and enhanced to ensure the safety of workers in case of a pirate attack. Maritime companies should also look at how they can increase the security of their own vessels in order to resist attacks and ensure the safety of their workers.

If you've been injured in a maritime accident, a maritime lawyer can help you recover compensation for your injuries. Contact a maritime lawyer at Arnold & Itkin LLP to discuss your case.

Crane Collapse Destroys Yacht in England

A massive 40-ton hydraulic crane collapsed on a yacht at a sailing club in Portchester, Hants, England, destroying the boat; no injuries were reported.

The crane was lowering a new £20,000 Westerly Konsort yacht when, according to witnesses, it began to tip over and crashed into the center of the yacht. The impact of the 40-ton crane tore the boat almost in two. The operator of the crane was forced to leap out of his cabin 12 feet to the ground as the crane collapsed. Miraculously, no injuries were reported. One workman at the scene narrowly escaped injuries by darting from the area as the crane came down.

Maritime Injury AttorneyCoast guard personnel worked many hours to recover the crane as emergency crew members averted an environmental disaster by preventing oil from spilling into the water. A larger 100-ton crane was used to help with emergency rescue efforts.

Investigations into the crane accident will continue, but as of now the accident is being attributed to a broken hydraulic pipe. Investigators may look into whether there was a manufacturing defect that caused the crane to collapse in the middle of operations. They will also look at the maintenance records of the crane to see if shoddy maintenance could have been responsible for the fractured hydraulic pipe.

Maritime Injury Attorneys

Maritime workers injured in an accident caused by faulty or defective equipment can file damages claims under the Jones Act. The Jones Act exists to ensure that injured seamen receive full compensation after they have suffered injuries in a maritime accident. These benefits include initial medical care and continuation of medical care until your condition is deemed to have reached medical improvement. There are also other compensatory damages applicable for maritime injury accidents.

The maritime lawyers at Arnold & Itkin have helped thousands of injured maritime workers recover compensation for their injuries. If you've been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

Florida Maritime Accident Results in Oil Spillage, No Injuries Reported

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

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

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

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

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

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

Maritime Accident Claims

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

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

Sikorsky Helicopters Grounded after Offshore Maritime Accidents

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

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

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

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

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

Maritime Lawyers

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

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

Appeal Hearings in Louisiana Maritime Accidents Damages Case Begin

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

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

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

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

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

Maritime Accident Compensation

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

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

New GPS Flight System Promises Fewer Offshore Helicopter Accidents

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

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

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

Helicopter Safety

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

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

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

Bureaucratic Glitches Mean Galveston County Bridge Repair Work Stalled Again

Pelican Island Bridge, which is used daily by thousands of maritime workers to get to and from their workplace in Galveston County, may not be repaired anytime soon.  Just months after Galveston County Navigation District No. 1 requested $6 million from the Federal Emergency Management Agency (FEMA) to fund repairs, the agency says it may not be responsible.

The bridge, according to FEMA’s representative in Galveston, may fall under the jurisdiction of the Federal Highway Administration (FHA) and not FEMA. That means Galveston County Navigation District No. 1 will have to ask the FHA for the funds. According to federal rules, any activity must be funded only by the agency that is responsible for it. If the bridge does indeed come under FHA jurisdiction, the FHA would be responsible for funding the bridge repairs. FEMA is currently trying to whether the bridge falls under federal or state classification. Navigation district representatives believe they have a better chance of receiving the funds quickly if they work with the FHA. Dealing with FEMA has been a tedious process.

Hurricane Ike Damage

Pelican Island Bridge suffered extensive damage when Hurricane Ike swept through on September 13th last year. Temporary repairs had made the bridge barely usable for Texas A&M staff and faculty, as well as Galveston County maritime workers who constantly use the bridge. Speeds on the bridge post-hurricane dropped to 10 mph, but heavy rains in the middle of March washed out most of the temporary repairs. Motorists using the bridge have found it difficult to drive due to the gaping potholes that now run across the south end of the bridge.

District board members are frustrated at the delay of funds that would pay for permanent repairs to the road. Maritime Injury AttorneySoon after Ike, the district used its own funds to make temporary repairs to the bridge; FEMA assured the district it would be reimbursed for money spent on repairs by mid March. That was before FEMA realized it may not be responsible for the funding after all.

As agencies and bureaucrats squabble over who is responsible for funding repairs of Pelican Island Bridge, thousands of maritime workers continue to use the barely-patched bridge. These workers are not only being put to great inconvenience, but are also at risk of injuries and accidents.

Maritime workers who've been injured in an accident at work, can recover damages with the help of a maritime lawyer. If you've been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

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

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

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

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

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

  • stunted growth
  • increased deaths rates

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

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

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

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

Maritime Injury Attorneys

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

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

Maritime Fire Accident Aboard Galveston Ferry Boat

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

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

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

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

Why You Need a Maritime Attorney

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

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

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

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

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

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

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

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

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

Maritime Accidents

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

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

Damaged Galveston County Bridge puts Shipyard and Offshore Workers at Risk

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

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

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

Maritime Injury Attorneys

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

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

Beaumont, Orange Ports Receive $4 million Grants Each

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

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

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

Texas Maritime Attorneys

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

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

Maritime Firm Involved in Mississippi River Accident Used Unlicensed Workers

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

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

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

Maritime Injuries

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

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

Louisiana Seaman Files Lawsuit Alleging Failure to Provide Proper Medical Care

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

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

Maritime Injuries

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

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

Maritime Worker Killed in Florida Port Accident

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

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

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

Maritime Accident

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

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

Cosco Busan Maritime Accident Blamed on Pilot Incompetence

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

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

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

Maritime Injury Attorneys

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

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

New Maritime Safety Laws Go Into Effect

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

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

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

Maritime Safety

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

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

New Iberia, Louisiana Man Appeals in Maritime Accident Benefits Case

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

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

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

Louisiana Maritime Injury Attorneys

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

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

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

Worker Electrocuted on Chemical Tanker Off Galveston, Texas

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

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

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

Why You Should Consult a Maritime Injury Attorney

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

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

Injured Louisiana Oil Worker Ruled Eligible for Longshore Harbor Benefits

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

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

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

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

Maritime Injury Claims 

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

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

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

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

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

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

Helicopter Crash Maritime Accidents

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

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

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

 

Flight 1549 Lawsuits Could be Governed by Maritime Laws

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

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

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

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

 

Application of Maritime Laws

 

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

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

 

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

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

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

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

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

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

Investigating a Maritime Helicopter Accident

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

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

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

 

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

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

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

Seaman Rights

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

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

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

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

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

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

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

Tugboat Accidents

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

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

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

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

 

Fog Shutdown at Houston Port to Prevent Maritime Accidents

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

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

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

Jones Act Rights Protect Seamen from Injuries Caused by Another Employee

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

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

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

 

Electrician Files Lawsuit Against Houston Maritime Company For Injuries On Job

A DeWitt County electrician has filed a personal injury lawsuit against a Houston maritime company for injuries that he suffered on the company's vessel during the performance of his duties.  The lawsuit was filed in the Galveston County District Court against the employer, Diamond Offshore Services Company.

There are no details yet on the kind of injuries sustained, and the nature of the tasks the electrician Richard Dean Dewitt was performing when he suffered them. However, the lawsuit does claim that the injuries took place while Dewitt was engaged in work aboard the Ocean Clipper, a vessel owned by Diamond Offshore Services Company, and that the vessel was unseaworthy. As a result, Dewitt suffered injuries to his back and other parts of his body. The lawsuit claims damages for "severe pain, physical impairment, mental anguish, and distress." Dewitt, who was not able to work after the injuries, also incurred huge medical bills that he says the company was not willing to cover. He has requested a jury trial for his case.

Maritime Worker's Rights

Companies engaged in maritime activities with offshore refineries, oil rigs, cruise ships, fishing vessels, and other commercial activities performed on navigable waters, are required to maintain a seaworthy vessel at all times. Maritime workers must be provided safe work conditions in what can otherwise be a dangerous and unacceptably hazardous environment.

Under the Jones Act, if a company fails to provide such precautions, and a maritime worker is injured as a result, the company can be held liable for expenses and damages arising out of such accidents. Damages can include lost wages, as well as loss of future wages if the worker will be unable to work in the future. The company can also be liable for damages for mental anguish and suffering, as well as any physical disfigurement arising from the injuries. Besides Jones Act rights, workers may also be eligible for benefits under general maritime law. Maritime workers may not be fully aware of the scope and extent of statutes that exist to protect them, with the result being that they may settle for far less compensation than is due them.

Filing Maritime Injury Claims

Claiming damages for injuries while you’re engaged in work aboard a vessel requires a thorough understanding of Jones Act rights, and general maritime law statutes, and the ability to apply them to be sure you receive the full compensation to which you are entitled. The maritime lawyers at Arnold & Itkin LLP have helped hundreds of workers receive the compensation they deserve.

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

 

Study finds cargo transport by barge safer than highway or rail

The National Waterways Foundation (NWF) has released a new study comparing selected societal, environmental, and the safety impacts of utilizing inland river barge transportation to highway and rail transportation. Titled "A Modal Comparison of Freight Transportation Effects on the General Public," the study was conducted by the Texas Transportation Institute's Center for Port and Waterways at Texas A&M University and was cost-shared with the U.S. Maritime Administration (MarAd).

Among its findings, the study determines that, after adjusting for the differences in quantity of cargo moved by each mode, for each member of the public injured in a barge accident, 125.2 are injured in rail accidents and 2171.5 are injured in truck accidents. For fatalities, the rates are 155 trucking fatalities and 22.7 rail fatalities for every barge related fatality.

An executive summary of the study can be found here on the National Waterways Foundation website.