Louisiana Seaman Files Lawsuit Alleging Failure to Provide Proper Medical Care

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, Injured Maritime Workera 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.

Fog Shutdown at Houston Port to Prevent Maritime Accidents

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 25th 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.