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

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

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

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

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when soldiers who returned from active combat began to suffer from nightmares, sleeplessness, anxiety, and socially withdrawn behavior.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

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

Maritime Accident Compensation

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

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

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

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

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

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

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

Unseaworthy vessels threaten safety of maritime workers

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

Questions about Jones Act Seaman status

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

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