North Carolina port closed due to high explosive hazardous material spill
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.
