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

A maritime worker who sustained serious injuries as a result of a fall into a 4-foot opening on an oil rig filed a maritime lawsuit against Diamond Offshore Drilling in Jefferson County District court. The worker, Jesus Perez, was working on a submersible oil rig called Ocean Washington in March 2007 when the accident occurred.

The suit alleges that Diamond Offshore Drilling was responsible for the fall because of defective grading that resulted in the formation of the opening. At the time of the accident, the platform had been docked at a shipyard in Sabine and was undergoing repairs. Perez was involved in performing repair work when he fell into the opening. He was an employee of Prime Electrical Services which was hired by Diamond Offshore Drilling for the repair work. The fall left Perez with arm, shoulder, hand, and neck injuries. The accident resulted in extensive medical expenses as well as long term physical impairment. Perez also claimed:

• lost wages
• loss of future earning capacity
• mental anguish
• pain and suffering

He is seeking damages in addition to interest and other costs he sustains.

It appears that the drilling company was negligent in providing a safe working environment for Jesus Perez. The opening of the platform that Perez fell into, according to the lawsuit, was the result of misplaced grading; the drilling company was responsible for making sure that such potential hazards were absent from the platform.

In the accident, Perez was not technically a seaman, but he is still eligible to receive compensatory benefits under the Longshore and Harbor Workers' Compensation Act. This act covers all people working on a vessel and engaged in repairs, unloading, and loading of cargo and other maritime activities. Workers covered under this act may be eligible to receive a benefits package that includes medical expenses, disability payments, and the costs of rehabilitation after an injury.

Maritime Accidents

Injured workers may not always be aware of their rights under maritime law, which is why it is important to seek the counsel of a maritime attorney before accepting the benefits package offered by a company. A maritime attorney can advise you on the kind of benefits you are eligible for, ensuring that you receive the full compensation you deserve.

If you've been injured in a maritime accident, contact the maritime attorneys at Arnold & Itkin LLP to answer any questions you may have about compensation.

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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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A longshore worker was killed on the job while transporting cargo in Jacksonville, Florida. Investigations into the accident are being conducted by both Jacksonville police and the Occupational Safety and Health Administration (OSHA).

According to a representative of the Jacksonville Port Authority, 51-year-old Gregory Daise, an employee of Coastal Maritime Stevedoring, was killed during vessel cargo operations on February 19th. The events leading up to and causes of his death are being investigated by Jacksonville police and OSHA. There is currently no additional information available on the details of the accident. Coastal Maritime Stevedoring LLC is a stevedoring company based in Jacksonville, Florida; the company provides loading and unloading services for various kinds of cargo, in addition to warehouse and marine terminal management. The company is capable of handling over sized and unusual cargo, including: military cargo, water crafts, locomotives, cranes and construction machinery. Daise was apparently involved in transporting cargo for Coastal Maritime at the time of the accident.

Maritime workers who perform essential activities related to the industry such as loading and unloading of cargo and repairs of equipment and machinery on any kind of maritime vessel, including platforms, rigs and ships are covered under a maritime law called the Longshore and Harbor Worker's Compensation Act. These employees are not technically Jones Act seaman because their work does not involve being stationed on navigable waters for long periods of time and they do not fulfill the criteria mentioned in the Jones Act. Often, longshore workers perform loading and unloading operations in the port and injuries received during such activities qualify for compensation under LHWCA laws. Longshore benefits cover injured workers as well as deaths. In case of death workers' dependents are eligible for benefits under the LHWCA.

Maritime Accident

Our team of Florida maritime attorneys at Arnold & Itkin LLP have represented hundreds of longshore workers who have been injured on the job. We have helped many recover physically, emotionally and financially from devastating accident.

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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An appeals court has ruled that a Louisiana oil worker who suffered injuries while working on an oil production platform is eligible for maritime employee benefits, although his work largely consisted of non-marine activities.

Terry Hudson was working on an oil production platform along the coast of Louisiana, when a salt water pump explosion left him with serious injuries. Hudson applied for compensation under the Longshore and Harbor Workers Compensation Act (LHWCA), but his claim was rejected.  Coastal Production Services Inc., Forest Oil Production and the insurer ACE American Insurance Company, rejected the claim on the grounds that the injuries occurred on a platform, which is normally used for oil separation and storage purposes. The platform is also used as living quarters for company employees. According to the grounds for rejection, the platform was not used as a site for maritime activities. The closest maritime activity to the platform was the loading of oil cargo which took place on a nearby barge. Loading and unloading of the cargo are just one of the duties that maritime workers who are eligible for benefits under LHWCA are engaged in.

Hudson appealed, and now his stand has been vindicated by a review panel, as well as the 5^th U.S. Circuit Court of Appeals. The judgment decided that even if the exact spot where the injury occurred is not meant for cargo loading activities, the maritime worker is still eligible for compensation benefits if that spot is somehow involved with the loading of products. Here, the platform where the accident occurred is used for storage of oil that would later be loaded onto ships.

Workers who fall under the Longshore and Harbor Workers' Compensation Act are eligible for certain compensation benefits even though they are, technically, not seamen. The Jones Act benefits are only available to seamen as defined by the act, and the LHWCA was passed to protect workers who are not seamen, but still perform important activities like loading and unloading cargo or building and performing repairs on vessels, terminals and platforms. These benefits include payments for medical expenses, rehabilitation and compensation for any occupational disease that may arise in the course of maritime employment.

Maritime Injury Claims 

People who have been injured in an accident on board a tanker, oil rig or other vessel may be eligible for benefits and should seek the counsel of an experienced maritime lawyer.

If you have 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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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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