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.

New Maritime Safety Laws Go Into Effect

A new maritime safety law that requires workers to have identification cards in ports and riverfront plants in Louisiana, Texas, Florida, Alabama, Mississippi and other ports around the country went into effect in much of Louisiana 3 weeks ago.

The rules, mandated by the Maritime Transportation Safety Act, require workers who need access to the riverfront to obtain a Transportation Worker Identification Credential (TWIC). Having TWIC cards to identify workers is expected to enhance maritime safety. Those who fail to obtain the cards will have no access to their usual work areas until they get one. Under the rules, any one who wishes to access the dock or go through the riverfront Maritime Lawyerto report for work at a plant must have the TWIC. Workers who do not have the identification card will require an escort to access these areas. In Louisiana, the program went into effect on January 13th and will follow in all American ports by April 14th. Industries have been preparing for the roll-out for several months now and many of them report that their workers are equipped with the cards. Workers who have delayed in siging up for their card will spend several weeks being escorted to docks and riverfront facilities. This is because the procedure involves intensive background checks before the card can be issued. According to the Transportation Security Administration, approximately 800,000 workers have already registered for the identification card program and 1.2 million are expected to be equipped with the cards before the final deadline in April.

Across the region, other ports including, Houston, Texas City, Galveston, Port Arthur, Orange Beaumont and Port of Lake Charles are hard at work trying to comply with TWIC rules before the April 14th deadline. The ports of Corpus Christi, Brownsville, Victoria and Point Comfort met their compliance deadline November 28th of last year. The Port of Mobile Alabama District's compliance date was December 28th, while the Saint Petersburg Florida District and New Orleans District was January 13th. The rules that aim to bolster maritime safety at our ports apply to higher management at companies that work in these regions also.

Maritime Safety

Oil companies, drilling companies and other maritime employers are required to make sure that work conditions for their employees are as safe as possible, this includes providing a secure environment in light of the new threats our ports face.  Damages for maritime injuries suffered by a worker in the absence of such safe working conditions can be claimed under several maritime laws including the Jones Act, the Longshore & Harbor Workers' Compensation Act as well as other laws that protect maritime workers from employer negligence.  A Louisiana maritime attorney can help you evaluate your claim and get the compensation you deserve.

If you have been injured in a maritime accident, contact a maritime accident lawyer at Arnold & Itkin LLP for a free evaluation of your claim.