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

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. Soon 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.

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

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

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

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

Why You Need a Maritime Attorney

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

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

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

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

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

Maritime Injury Attorneys

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

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

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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.

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The widow of a sailor who drowned during a boating accident has filed a lawsuit against the manufacturer of the vessel.  The sailor, Roger Stone, was the safety officer aboard the SV Cynthia Woods during an offshore race.  He is credited with saving the lives of two Texas A&M student sailors at the cost of his own.

His widow, Linda Stone has filed a lawsuit against the designer, manufacturer and a company that repaired the racing yacht on which her husband died.  The civil complaint, filed by Linda Stone’s attorney, claims Cape Fear Yacht Works, boat designer Bruce Marek, Payco Inc. and Galveston Yacht Service are not cooperating with investigations into the accident. The lawsuit, filed in district court in Galveston County, also claims there are flaws in the boat’s design, manufacture and marketing.

Read more about the lawsuit and circumstances surrounding it in two separate articles:

Wife of Man Killed in A&M Boat Accident Files Lawsuit - Houston Fox26
Hero sailor’s wife to sue over probe - Galveston County Daily News

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The Galveston County Daily News reported in its article Sailboat in deadly capsizing repaired before that the SV Cynthia Woods keel was repaired in March 2007 after the sailboat ran aground.  In that grounding, the vessel suffered more than $1,800 in damage according to records.  The sailboat's keel was also damaged in another accidental grounding in 2006.  Damage to the keel and hull required $1,862 in repairs after the March 2007 grounding which was significant enough to separate the keel from the boat at both the front and back.  Some have questioned whether the boat had been adequately maintained following the prior groundings.

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The Houston Chronicle reported that seven boaters where rescued from an oil platform after their boat sank on Sunday.  The boaters were rescued by the Galveston, Texas Coast Guard after an offshore supply ship relayed a distressed call.  The rescued boaters included five adults and two children.  The rescued boaters are reported to be in good condition, their survival owing partly to the fact that all were wearing life vests.

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Galveston, Texas sailor Roger Stone died saving the lives of fellow crew when the Sailing Vessel CYNTHIA WOODS capsized south of Freeport, Texas.  Five sailors were rescued by the Coast Guard after floating in the Gulf of Mexico following the capsize of their boat 26 hours earlier.

Stone, who was the Safety Officer aboard the boat which was participating in the Regata de Amigos race from Galveston to Veracruz, reportedly noticed water entering the hull and forced other crew on to the deck immediately prior to the capsize.  Early indications are that the boat's keel fell off causing the boat to rapidly take on water, capsize and sink.

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Four people were rescued from a disabled boat on Galveston Bay Tuesday.  The Houston-area boaters had to be rescued when their 16-foot Jon boat became disabled and was taking on water.  The Texas Coast Guard sent helicopter and rescue boat crews to rescue the boaters.

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The Jones Act lawyers of Arnold & Itkin LLP represent an injured seaman in a maritime lawsuit against Hercules Offshore, Inc. brought pursuant to the Jones Act.  The maritime worker was seriously injured while working as a floorhand on a Hercules drilling rig.  He was hit in the head with the rig’s Kelly because a brake was not properly working.  As a result of the defective brake, the seaman sustained crippling head, neck, and back injuries.   His case is pending in Galveston County, Texas.

 

 

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The Galveston County Daily News reported that crews were working to contain an oil spill that occurred about 140 miles southeast of Galveston, Texas.  The oil spill occurred when an offshore supply ship collided with the rig it was servicing.  The collision with the rig caused two gashes in the ship's hull. No seaman or workers on the rig were injured in the accident.

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Jones Act lawyers at Arnold & Itkin LLP represent an injured Jones Act seaman against Central Boats Rental.  The seaman was injured on the MR SID a day after being hired. Central Boats Rental did not train the seaman and he was injured during a winching operation.  He nearly lost his foot and required multiple surgeries to treat his injury.  The seaman's case was filed in Galveston County State Court in Texas within one day of retaining Arnold & Itkin LLP.

 

 

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Galveston County Daily News reported that a Louisiana welder was killed when he fell from an offshore oil rig platform where he was working in the Gulf of Mexico.  Church Point, Louisiana welder Thomas Broussard was killed Monday morning when he fell 100-feet from an oil rig in the Gulf of Mexico, four miles south of Galveston island.

At the time the story was published, OSHA was not yet investigating the fatal offshore accident because they had not yet received an official report of the worker's death.  Broussard worked for worked for Frank’s Casing Crew and Rental Tools, an engineering services company based in Louisiana.

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