Arnold & Itkin LLP files Jones Act claim on behalf of 13-year employee denied basic maintenance and cure benefits

Posted on November 8, 2009 by Maritime Lawyer

Jones Act lawyers Kurt Arnold and Paul Skrabanek of Arnold & Itkin LLP recently filed suit against Ensco International (NYSE: ESV) and Cameron (NYSE: CAM) on behalf of a long-term Ensco employee who was injured onboard one of the company's offshore jack-up rigs. The employee, a Jones Act seaman from Deridder, La., sustained a neck injury while following the instructions of a Cameron man on the rig. The unfortunate situation was made worse when the seaman’s neck was reinjured due to Ensco’s negligence. A loyal employee of longstanding, the plaintiff resisted suing Ensco over the neck injury, but when the company terminated his maintenance and cure benefit despite clear recognition that the injury required neck surgery, he was left with little choice. In the Unites States, admiralty law dictates that it is every shipowner's duty to provide maintenance and cure to crew members who are injured while in service to their vessel.

The case is filed in Harris Country District Court, with the Honorable Patricia Hancock presiding.

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Rescued Fisherman Eligible for Maintenance and Cure Benefits

Posted on October 13, 2009 by Maritime Lawyer

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

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

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

 

Maintenance and Cure

Admiralty law, also known as maritime law, gives injured seamen certain rights beyond the usual worker’s compensation benefits afforded to landlocked workers.

For example, the admiralty law principal of maintenance and cure obligates vessel owners to provide for crew members that are injured or become ill while in service to their vessels. So even if the fisherman suffered a stroke through no fault of the vessel’s owner, the owner is still required to provide maintenance and cure benefits.

Cure


The concept of ‘cure’ is the seaman’s right to free medical treatment until they are either fit for duty or reach ‘maximum medical cure’. Maximum medical cure is the state in which a seaman is returned as close as medically possible to the condition they were in prior to the injury. In this case, the fisherman might be entitled anti-seizure or other medical treatments even if they are long-term or permanent.

Maintenance

The concept of maintenance obligates shipowners to cover the basic living expenses of crew members while they are convalescing. This benefit was designed to repay seamen for their basic room and board, which under normal circumstances would be provided aboard the vessel on which they served. Maintenance is only provided until a seaman is able to return to duty or when they reach maximum medical cure – even if he remains disabled or is otherwise unable to return to work as a seaman.

Jones Act

United States citizens working as seamen aboard vessels operating in navigable waters may be eligible for special Jones Act rights provided by the Merchant Marine Act of 1920 (also known as the Jones Act). The Jones Act offers numerous benefits beyond the basic maintenance and cure benefits offered under admiralty law.

 

 
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Arnold & Itkin LLP files Second Case Against Hercules Over Injury from Falling Pipe

Posted on March 23, 2009 by Maritime Lawyer

Kurt Arnold and Paul Skrabanek filed the second case against Hercules on behalf of an injured seaman. A pipe was tack welded to a rig and not properly removed prior to drilling operations. The pipe fell 100 feet and struck two seaman, seriously injuring both. The first case was handled by Kurt Arnold and settled for $14 million on the eve of the trial. Arnold & Itkin LLP has now filed the second case in Galveston County court on behalf of the other injured seaman.

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Arnold & Itkin LLP Recovers $850,000 for Seaman Injured on an Offshore Jack-Up Rig

Posted on March 11, 2009 by Maritime Lawyer

Maritime lawyers Cory Itkin and Kurt Arnold recovered $850,000 on behalf of a League City, Texas seaman who slipped on hydraulic fluid. Arnold & Itkin LLP's client was the mate on an offshore jack-up rig. The rig's crane had been leaking hydraulic fluid for days, but his employer faild to fix the problem. As a result of the company's negligence, the injured worker needed back surgery and could not return to work offshore. The case was pending in Texas state court in Galveston County. (Disbursement pending.)

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