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

While BP announced better than expected earnings in the First Quarter 2010, the news did not stop investors from unloading its stock. Showing similar financial concern and investor worry, S&P Equity Research on Monday cut its rating on Transocean (RIG) to hold from strong buy, based on valuation.

The recent Transocean Deepwater Horizon oil rig explosion highlights the risks and dangers associated with oil exploration and drilling. Also, the high price of cleaning up an environmental disaster, plus the costs associated with rebuilding the company's reputation if such a disaster hits, would have long-term negative effects on the company's profits and revenues.

As reported by the Houston Chronicle, 509 blazes have hit rigs since 2006. Several of these fires occurred on Transocean oil rigs resulting in serious injuries to Transocean workers that required evacuation and caused millions in damage.

Kurt Arnold, who has represented several clients in recent cases against Transocean Offshore and specializes in maritime injury cases said “Unfortunately, the rise of incidents offshore are increasing as the exploration for oil and gas increases,” Arnold said. “Many companies talk about their safety record, but the majority of accidents are not reported or misclassified. Unlike on land, there is little oversight.”

Efforts to seal the damaged well continue, as families and communities work together to begin the healing process of their own.

For More Information:
http://www.GulfCoastMaritime.com
http://www.Twitter.com/MaritimeInjury

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One of the rights of a Jones Act seaman is compensation for aggravation of a pre-existing medical condition that occurs in service to a vessel.

Work aboard a vessel is stressful and can involve long hours, repetitive work, and severe physical and mental strain. All of this can exacerbate an existing medical condition. When this happens, the employer may be responsible for the worsening of a seaman’s medical condition.

This is why the employer, upon contracting the seaman’s services, will try to assess the seaman's medical condition and history and determine if he suffers from any illness or injury. However, a seaman who willfully conceals an illness or serious injury may not be eligible for benefits if the condition worsens. However, if a seaman was not asked about illnesses or injuries at the time of hiring, he may not be at fault for concealment. Courts are sometimes lenient in regards to a seaman’s failure to disclose illnesses or injuries, because the seaman may believe, in all honesty, that he is completely medically fit for the job, in spite of previous injuries or illnesses.

Employers may be liable for aggravation of a pre-existing medical condition, if the condition is disclosed. For example, if a seaman suffers from epilepsy and conceals this from the employer after being asked about his medical condition, and the epilepsy is aggravated by the stresses of working at sea; then the employer may not be liable for the exacerbation of the condition. On the other hand, a seaman who tells his employer he suffers from epilepsy may be eligible for aggravation of a pre-existing medical condition compensation if the condition worsens in service to the vessel.

These matters are very complicated and it is important to consult with a Jones Act lawyer to understand if you have a claim. 

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An Alabama State Port Authority worker died last month in a maritime accident at the McDuffie Coal Terminal.  

The worker, who has been identified as Larry D. George, was conducting repairs on equipment in the coal hopper, which is a storage space about 100 feet underground.  He seems to have slipped and fallen head first into the coal hopper. At the time a rail car was pouring coal into the hopper and George was quickly submerged in the coal; he suffered a heart attack. Other employees managed to uncover the maritime worker and he was administered CPR before being rushed to the Mobile infirmary, and ultimately pronounced dead.

The McDuffie coal terminal is located on the Mobile River in Alabama, and is the largest port import terminal in the U.S. Overall, it is the second largest U.S. coal terminal with a designed capacity of 20 millions tons a year. The CEO of the port authority has expressed shock at the incident.

Port Employees are Maritime Workers Too

As a port worker employed by the Alabama State Port Authority, George was likely covered under the Longshore and Harbor Workers Compensation Act (LHWCA). The LHWCA exists to protect maritime workers who neither qualify as Jones Act seamen, nor are eligible for state worker's compensation. Examples of longshoremen include, port workers, like George, who conduct activities such as loading and unloading and repairing vessels and rigs, etc. These unsung workers include electricians, welders, carpenters, and others who work silently behind the scenes to keep the wheels of our port commerce running smoothly. When they are injured or killed on the job, they or their survivors deserve to receive full compensation. A maritime lawyer can help families affected by maritime injuries and death recover the benefits due to them.

If you or a loved one has been injured in a maritime accident, contact a maritime injury lawyer at Arnold & Itkin LLP for a free evaluation of your case.

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