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.

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The state port in Morehead City, N.C. was closed and evacuated yesterday when, according to reports, a forklift operator punctured at least one container of the high explosive known as PETN. PETN (pentaerythritol tetranitrate) is one of the most powerful high explosives known and is often used as a plastic explosive. Like nitroglycerin, it is also used as a drug to treat certain heart conditions. PETN is more difficult to ignite than primary explosives, but it is sensitive to friction and shock.

Although no injuries were reported, the main access road to the port, U.S. 70, is closed and officials expect it to remain closed for the rest of the day. Clean-up crews are now on the scene and working to clear the area. The captain of the port ordered the facility closed and excluded vessels from operating near the area. According to the Coast Guard, they have established a two-mile safety zone around the port until the situation is resolved.

Terrorists have used PETN on several occasions. Most recently, PETN was allegedly the material going to be used by Umar Farouk Abdulmutallab to blow up a Northwest Airlines flight 253 from Amsterdam to Detroit on Christmas day.

Compensation for maritime injuries occurring in port

 

Port workers and commercial vessels in the state port were lucky to have escaped this accident unharmed. PETN is, after all, sensitive to shocks (presumably such as being struck by a forklift).

When accidents occur in port, the situation can become complex for maritime lawyers to determine what maritime laws are applicable and which will yield the best recovery for their client. The Longshore and Harbor Workers' Compensation Act (LHWCA) provides worker’s compensation-type occupational injury benefits to maritime workers who do not qualify as seamen under the Jones Act. However, the LHWCA is relatively limited in terms of compensation in that the benefit is 2/3rds of a worker’s average weekly wage while undergoing medical treatment and either 2/3rds of the worker’s loss in earning capacity or a one-time payment as outlined in 33 U.S.C. § 908(c) if the disability is deemed permanent.

If the injured worker was a U.S. citizen employed as a seaman aboard a vessel, even if is in port, they may qualify for Jones Act coverage. Under the Jones Act, compensation for an injury can extend far beyond the maintenance and cure benefits offered under General Maritime Law or the worker’s compensation benefits offered by the LHWCA.

If you have suffered a maritime injury in port or aboard ship, it is important to contact a qualified, experienced maritime lawyer immediately. The maritime attorneys at Arnold & Itkin LLP can help injured maritime workers understand their rights and pursue the proper course of action for their maritime injury case.

 

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Jones Act lawyers Kurt Arnold and Paul Skrabanek of Arnold and Itkin LLP filed a lawsuit on behalf of Mario Gonzales, a seaman and long-term employee of Fugro who sustained injuries to his neck and back in a fall that occurred when he slipped on the stern of M/V Fugro Discovery. Several fellow crew members witnessed the fall and reported the accident. Gonzales now suffers chronic back pain and migraine headaches. The 230’ Fugro Discovery, built in 1997 for the Norwegian navy, is now used as a multi-role geophysical and hydrographical survey vessel. At the time of the accident, Fugro Discovery was conducting operations in the Bay of Campeche on behalf of PEMEX, Mexico’s state-owned petroleum company. The lawsuit was filed in Houston, Texas.

 

 

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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.

 

Death on the High Seas Act vs. the Jones Act

If Ortiz is lost at sea and the incident occurred more than three miles from shore, his family may seek remedy under the Death on the High Seas Act (DOHSA). DOHSA was passed in 1920 to make it easier for surviving family members of seamen who died while working in international waters to receive compensation for the loss of future earnings by the deceased. If the accident occurred inside the three-mile boundary, Ortiz’s family may ask a Jones Act lawyer to seek remedy under the Jones Act. The Jones Act provides compensation to seamen in the case of an injury or the families of seamen who lose their lives while in service to a vessel, regardless of how far they were offshore when an accident occurs.

Qualifying for Jones Act protection

There are certain qualifiers that affect the Ortiz case, and others like it, in addition to merely the distance between the shoreline and the location of any such incident. DOHSA applies to anyone (e.g. boat owners and operators, crew, passengers, temporary employees, etc.) lost at sea more than three miles offshore. To qualify as a Jones Act seaman, the injured party only has to be a U.S. citizen and a regular crew member of a Jones Act vessel. In order to seek Jones Act coverage, a seaman or his surviving family must prove that the seaman was a ‘regular’ member of a crew in service to a vessel in navigable waters. The current court ruling defines ‘regular’ crew members as employees who spend 30 percent (or more) of their available working time on a single vessel or fleet of vessels under common ownership.

If Ortiz was a regular member of the crew, his family and/or legal representation could demonstrate that to the court through payroll statements, employment records, tax forms, etc. If Ortiz’s body is recovered or if he is presumed dead, and he is proven to have been a regular member of the crew and that he died as a result of negligence by the boat’s owner or crew, his family may be able to expect compensation through the Jones Act.

However, if Ortiz is not a U.S. citizen, or can’t prove that he is a regular member of the crew, or if he is a temporary employee, his case would fail to qualify under the Jones Act. The point is significant because Jones Act claims sometimes offer significant awards to the families of victims, who can sue for punitive damages, pain and suffering, future earnings of the deceased, etc. If Ortiz fails to meet the requirements of a Jones Act seaman and if the incident occurred inside the three-mile barrier from the shore, the victim’s family could come up empty in its attempts to seek compensation under maritime law. But if he meets all of the criteria and the accident is shown to have occurred more than three miles from shore, his surviving family members can file claims under both the Jones Act and DOHSA.

Proof of negligence

To successfully prosecute either a DOHSA or Jones Act case, the victim or his surviving family must prove negligence, either on the part of the boat’s owner or any other member of the crew. If negligence can be proven, Ortiz’s family could qualify for protection under the Jones Act and DOHSA if the incident occurred more than three miles offshore. Negligence could be found in a number of areas, including inadequate training of crew, failure to provide proper safety equipment, allowing a crew member to perform duties that exceed previous training, etc.

Also factoring into the equation is the fact that since both laws fall under maritime law, a victim’s family can file claims immediately, rather than having to wait a up to seven years for a civil court to declare the victim legally dead (also known as “death in absentia”).

A proven maritime lawyer will know the specifics of DOHSA, the Jones Act and their application to the Ortiz case, and has the knowledge to discern whether negligence was involved. An accomplished maritime attorney often will suggest filing immediately in order to allow as much time as possible for the case to be brought to trial before any relevant statute of limitations expires.

 

 

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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.

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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.

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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.

Coast 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.

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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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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.  When 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. 

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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.

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Arnold & Itkin LLP represents Jasper Smith, a Jones Act seaman from Alabama, who was seriously injured while working as a ring setter for Daybrook Fisheries. On September 29, 2008, the captain of his pogey boat crashed their vessel into an Exxon Mobil platform located off the coast of Louisiana. The force of the collision slammed Mr. Smith into a freezer. Arnold & Itkin LLP is proud to help him get the medical treatment he needs for his back injuries and help him get the compensation he deserves for this Jones Act claim.

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Attorneys Kurt Arnold, Jason Itkin, and Mike Pierce resolved a Jones Act Seaman injury case for $14 million just two days before going to trial. Arnold & Itkin LLP lawyers represented the seaman after he suffered a head injury on the Hercules 15 inland barge. The Hercules 15 was located in Lake Washington, Louisiana at the time of the incident. The seaman's injury occurred when Hercules employees tack welded a three foot pipe to the derrick and then forgot to remove it before starting drilling operations. The heavy pipe was jarred loose and hit the plaintiff in the head.

The case was filed in Galveston County Court in March 2008. The case was set for trial February 2, 2009. Hercules settled the entire case for $14 million on the eve of trial.

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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.

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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.

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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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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 23^rd 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 20^th 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.

 

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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.

 

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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.

 

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A fishing boat carrying three crew members had to be rescued about 10 miles off the coast of Galveston, Texas after a fire broke out on board, the Houston Chronicle reports.   Fortunately, no maritime injuries were reported as a result of the accident.

The Coast Guard was alerted to the accident when the Houston-Galveston Center received an emergency aid call from another boat about a fire that had broken out aboard the shrimp boat, Master Ryan. A rescue helicopter, a motor life boat and a Coast Guard Cutter were dispatched to the scene of the fire. The helicopter delivered a life raft to the three crew members who then climbed aboard the raft. They were then picked up by another vessel and taken ashore. All crew members were reported to be in good physical condition. The blaze was put out a few hours later. There is no information yet on the cause of the fire.

It's extremely fortunate that the three crew members were able to get the emergency assistance they needed before the accident involved injuries aboard the boat. Any fire aboard a vessel is a serious and dangerous situation. There could have been severe burn injuries as a result of the fire breaking out. For this reason, strict safety precautions must be observed aboard all maritime vessels to mitigate the risk of fire, and all shipboard personnel must be properly trained in fire safety policies and procedures.  Only time and a thorough investigation will tell whether a lack of safety policies, procedures, or training may have contributed to the fire aboard the Master Ryan. 

Fishing Boats and Maritime Law

A fishing boat may be classified as a Jones Act vessel, and as such, workers who are injured in an accident aboard the vessel may qualify for compensation under the Jones Act. The Jones Act defines a seaman as an employee who is working on a vessel in navigable waters, and who is involved in fulfilling the function of the vessel. He must also have a strong enough connection to the boat, meaning that his work must be tangible, and substantial long term work. Under the Jones Act, in addition to medical treatment for his injuries, he may be entitled to maintenance benefits to cover his daily living expenses, including food, house rent and utilities. Unfortunately, fishing boat crew may be confused or unaware of their seaman status under the Jones Act, and may be unaware of the special rights they have under the Act.

Maritime Injury Lawsuits

In the event that an employer provides insufficient benefits to a Jones Act seaman, then the seaman has the right to hire a maritime injury lawyer to bring a claim against the employer. In such cases, the employee may also claim lawyer's fees as part of his claim against his employer.

If you are a seaman and have been injured in an explosion, fire or any other maritime accident, you will need the experience of a Jones Act maritime lawyer to build your case to claim the full compensation you deserve. Contact the maritime lawyers at Arnold & Itkin LLP for a free evaluation of your case.

 

 

 

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Texas maritime lawyers Kurt Arnold & Mike Pierce filed a Jones Act case on behalf of a 25 year old injured seaman who was working for Noble Corporation.  The seaman was in the Bay of Campeche on an offshore drilling rig when his hand was crushed due to Noble negligence.  He lost three fingers and sustained injuries to the rest of his hand.  Arnold & Itkin LLP agreed to represent the seaman and filed the case in Cameron County, Texas requesting a trial by jury.

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Arnold & Itkin LLP filed a Jones Act lawsuit today on behalf of an injured worker who suffered crippling injuries as a result of a ship owner’s failure to maintain a seaworthy vessel.  As a result, this hard working man has had a complex back injury.  He may need back surgery and months of therapy just to get his life back on track.  This Jones Act seaman may never be able to work again.  Arnold & Itkin LLP is proud that we will be able to help this man fight to recover his benefits, lost wages, medical expenses, and money for his pain and suffering.

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Texas seaman Ricci Anderson filed suit against Harvey Gulf International Marine and Diamond Offshore Drilling on July 14 in Jefferson County District Court.  Anderson was employed as a pilot with Sabine Pilots of Groves. 

On Oct. 21, 2007, Harvey Gulf was towing a semi-submersible drilling rig owned by Diamond Offshore. Anderson was called out to transfer onto the tugboat, the Harvey Thunder, to tow the drilling rig into the jetties.

"While in the process of transferring from the pilot boat onto the Harvey Thunder … the tugboat yawed and rocked causing plaintiff's arms to be jerked violently," the suit says. "Plaintiff was forced to grab onto handrails overhead - in the absence of a ladder, guide bar/guide rails and/or safety rod - to avoid falling between the vessels. As a result, plaintiff sustained severe injuries."

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In Texas, a seaman has filed a Jones Act lawsuit against Kirby Inland Marine for injuries he received more than two years ago while working aboard the vessel Creole Dee. The lawsuit alleged that "defendant was negligent and the vessel was unseaworthy."  According to the lawsuit, John R. McGee sustained severe and painful injuries to his left shoulder and other parts of his body

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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.

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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.

 

 

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On Monday Reuters reported that a Ukranian helicopter operating in the Black Sea crashed into an offshore drilling platform killing all 20 people aboard.  The helicopter's rotor struck a steel fence rail on the rig during a landing attempt. The pilot lost control of the helicopter which then slammed into the rig and burst into flames.  No one on the rig was injured.

Circumstances of the accident raise questions about what body of law has jurisdiction.  Can injury or wrongful death claims be brought under the Jones Act or does General Maritime Law apply?  Without more details, the answer isn't necessarily clear.  Depending on the exact nature of the circumstances either may apply.

The fact that the workers were being transported to the rig suggests that they were maritime workers, and an aircraft which crashed into the sea would come under maritime jurisdiction.  But the helicopter crashed into the rig and not the sea.  Still, some cases have held that the crash of an aircraft engaged in a function traditionally performed by waterborne vessels, such as ferrying passengers from shore to an island or artificial island including offshore platforms, is within maritime jurisdiction.

Considering that they were working in the Black Sea, the workers may be foreign workers which means that US law such as the Jones Act would not normally apply.  General Maritime Law does however apply because it is not exclusive to the US and/or US territorial waters-- its scope is global.  However, if the rig is a movable rig, otherwise known as a Mobile Offshore Drilling Unit (MODU), and a US company is involved, then the workers may be covered as seamen under the Jones Act whether they were US workers or not.  It is possible for foreign seamen to be covered under the Jones Act and people working on MODUs are seamen by definition.

If you have questions about a matter of maritime law, contact a maritime lawyer at

Arnold & Itkin LLP

.

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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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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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