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

Houston maritime lawyer Kurt Arnold filed a lawsuit on behalf of an injured Jones Act seaman from Cottonport, Louisiana. He was employed by MISWASCO and assigned to BP's THUNDERHORSE off the coast of Texas. He was injured on October 22, 2009 as a result of the decision by BP's order to fill tanks full of solid quick seal. As a result, he was injured and herniated 4 discs in his neck. Arnold & Itkin LLP Jones Act lawyers filed suit on his behalf in Galveston County.

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

Arnold & Itkin LLP  has released a new video on LawyerForYou.com. In this new video maritime attorney Lisa Sechelski introduces our law firm's Jones Act & maritime law practice. In it, you'll hear feedback from an actual client and listen as Lisa shares important information you should know if you or a family member are injured in a serious maritime or offshore accident.
 

Maritime lawyers at Arnold & Itkin LLP represent seamen, dockworkers, oil & gas industry workers, cruise ship workers, & others injured in maritime accidents at sea or on inland waters.

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

An incident occurred last Tuesday off the coast of Massachusetts that highlights the dangers of working in the maritime industry, and also reveals the complex legal issues that come into play when an accident occurs on the water.

Jaime Ortiz, 43, fell off a 39-foot lobster boat based in Gloucester, Mass., prompting an immediate search that included boats owned by local harbormasters, police and numerous local fishermen. Ortiz has not yet been found, and no official statement has been made about his chances of survival. Local officials said the search would continue.

One of the central issues surrounding the incident is the fact that Ortiz reportedly fell overboard “about three miles” off the coast. The three-mile distance from the U.S. shore is critical to the case, because it will help determine which law(s) apply if, in fact, Ortiz is lost at sea and his surviving family decides to file a claim seeking damages and/or future earnings.

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

A Jefferson County maritime worker has filed a lawsuit against a Texas-based stevedoring company due to injuries he received when objects from a crane fell and struck him in the head.

The worker, Sean Steiner, filed the lawsuit against Shipper Stevedoring Company in the Jefferson County District Court. Last year on October 3rd, Shippers Stevedoring asked Steiner, who was then employed with Turner Brothers Crane and Rigging, to be the vessel's side flagger during unloading activities. According to Steiner's maritime lawyers, during unloading another Shipper Stevedoring employee began operating the ship-mounted crane. The crane was carrying a fiberglass ladder, a water cooler, and rubber buoys, however, the load was not properly rigged. Also, the crane was not equipped with a swing alarm to warn nearby workers that a load was being moved. The load came loose and fell, hitting Steiner. He suffered serious and permanent injuries all over his body, incured medical expenses for treatment of his injuries, and was in severe physical pain.

The Jones Act complaint filed against Shipper Stevedoring says that the company’s employee failed to rig the load properly, and also mentions other failures including failure to control the load and failure to warn Steiner that the load was being moved. The Shipper Stevedoring employee was also negligent in trying to shift the load without a swing alarm.

Maritime Accident Safety

Steiner is claiming damages for mental pain and anguish, physical impairment, and other claims. Crane operations are seen as risky activities because the dangers of a crane toppling over or running over workers nearby are always present. When loading and unloading activities are going on there are several precautions that must be followed to prevent accidents. Loads must be properly secured to prevent heavy objects from falling on workers nearby. For this, it is very important that workers be trained properly to conduct crane operations in a coordinated manner. Proper communication among the workers involved in the operation is crucial and maritime workers must be trained to warn other workers about any possible risks.

If you or a loved one has been injured in a maritime or crane accident a maritime injury attorney can help you recover physically, mentally, and financially. If you have any questions regarding your maritime accident contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

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

A Louisiana maritime worker was killed while engaged in loading activities aboard an oil rig in Dequincy, Louisiana last week. The 50-year-old worker Brian Dominque was loading oil field gear on the rig when the load came loose and fell on him. Dominque suffered serious injuries and died on the way to the hospital. Officials are conducting an investigation into the accident.

Loading and unloading activities tend to be some of the riskiest maritime tasks. Every year, several maritime workers are injured or killed when they are struck by falling objects as they load, unload, and transport cargo, however, this does not have to be so. Maritime safety procedures, if followed properly, can minimize the risk of accidents. Loads must be properly secured to prevent the risk of loads falling off of cranes and injuring workers. Maritime workers must also be trained about the risks they face while performing these activities. The importance of worker training and employee coordination cannot be underestimated. It is imperative that workers are trained to warn each other about the status of operations and any possible risk to those in the vicinity. Cranes must be fitted with alarm systems to warn workers that loads are being carried.

The kinds of injuries that can result when safety procedures are not followed can be serious. When heavy objects fall on a worker, they can leave him with blunt force trauma, crushing injuries, broken bones, and/or severed limbs. Head and brain injuries, and spinal cord injuries are also common. Depending on the kind of loads involved in the accident, workers may even be killed. Those who survive may find themselves physically incapacitated and in need of long term care.      

Maritime Workers Have Rights

Maritime workers who suffer injuries on the job may be eligible for compensation under the Jones Act. The Act also provides compensation for the families of the victim, in the case of death of a worker. If safety procedures were followed correctly, the Jones Act would be much less prevalent in maritime work. Unfortunately, it is a term almost synonymous with seamen and their jobs.

If you have been injured in a maritime accident, a maritime lawyer can explain your rights to you, ensuring that you recover the full compensation you deserve. Contact an experienced maritime attorney at Arnold & Itkin LLP to discuss your case.

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

Arnold & Itkin LLP attorneys Jason Itkin, Kurt Arnold, and Cory Itkin recovered $1.45 million on behalf of an injured Jones Act seaman. The case settled just days before going to trial. Our client was severely injured when he fell out of the ship's trash dumpster which had been suspended in the air. He broke his hip and wrist in the fall and developed Chronic Regional Pain Syndrome. He has not been able to return to work.

The shipping company argued that the injured worker had already recovered from his injuries, but had not returned to work beacuse he had been battling alcoholism for several years. Arnold & Itkin LLP showed they were wrong. We also helped our client get the medical treatment he needed and the compensation he deserved. The case was pending in federal court in Balitmore, Maryland.

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

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.

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

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

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

Maritime Injuries

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

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

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

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

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

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

Louisiana Maritime Injury Attorneys

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

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

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

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

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

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

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

Jones Act Rights Protect Seamen from Injuries Caused by Another Employee

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

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

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

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

Houston Jones Act lawyers Arnold & Itkin LLP filed suit against the owners and operators of the Seban, a ship used off the coast of Texas in operations in the Gulf of Mexico.  Plaintiffs seek damages for the wrongful death of Mr. Jimenez, who was killed when the Seban caught fire.  The Seban was owned and operated by Otto Candies LLC and was being chartered by Oceangraphia, a Mexican offshore company which owns a substantial part of its fleet in Houston Texas.  After the ship caught fire, over 150 workers were left in the water stranded because the satellite services provided failed.  Unfortunately, Mr. Jimenez died as a result of the defendants' negligence and neglect.

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

The Jones Act is a US federal law that protects seamen who are injured by the negligence of their employer or a crew member while working in service to a vessel.  For seamen who have questions about the Jones Act, answers can be found in the Jones Act information resources provided by the Houston, Texas maritime law firm of

Arnold & Itkin LLP

The website addresses questions about benefits provided under the law, who qualifies as a Jones Act seaman, and what vessels qualify as Jones Act vessels.

If you have questions about the Jones Act or other areas of maritime law, contact a Jones Act lawyer at Arnold & Itkin LLP.

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

In New Orleans, Louisiana, the Times-Picayune reported that an accident claimed the life of a deckhand aboard a barge that was headed for the Intracoastal Waterway.  26-year-old Christopher Oncale of Prarieville, Louisiana was killed when he was struck in the head by a fitting the barge had been tied to.  The crew tied the barge to a fitting of the Algiers Lock to keep the barge from moving in the canal.  The fitting broke and flew threw the air striking the deckhand in the head.

The accident underscores the hazardous nature of maritime work where even routine operations can hold substantial risk for crew.  The negligent acts of other crew members or the failure of employers to provide safe working conditions can lead to accidents with catastrophic consequences. The Jones Act and other maritime laws protect workers from these risks and provide remedies for workers who are injured as a result of them.  If you or anyone you know has been seriously injured in a maritime accident, or if you have questions about the Jones Act and other maritime laws, contact the Houston Jones Act & maritime lawyers at Arnold & Itkin LLP.

• Email This
• Print
• Trackbacks
• Share Link

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.

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