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

In a recent unpublished decision, the United States District Court for the Southern District of Texas, Galveston Division, considered whether an injured worker was in fact a "seaman" for admiralty law purposes.  The issue was contested by a defendant who asserted that it was entitled to a jury trial because the plaintiff sued strictly under state common and statutory law.

The plaintiff was injured aboard the vessel Hercules while the vessel rested within a protected boat slip, yet on navigable waters.  The injury occurred during testing of rigging designed and manufactured by the defendant in preparation for a project to lift some 2,000 tons on-site in the Gulf of Mexico.

Two lifts were performed successfully, but certain rigging equipment failed during a third lift.  Debris was scattered, causing injury to the plaintiff's hand and leg.

Immediately before trial in the subsequent personal injury suit, the plaintiff settled with his employer.  The defendant rigging manufacturer then demanded a jury trial.  This raised the issue whether the plaintiff's activity at the time of injury was so closely related to activity traditionally subject to admiralty jurisdiction that admiralty law should apply, with the result that no jury trial right would exist.

The court ruled that this was the case.  The incident that gave rise to the plaintiff's injury was not merely "fortuitously and incidentally connected" to admiralty in such a way that it bore no relationship to traditional maritime activity.  Rather, the court said, the injuries alleged by the employee fell within the type that occurred in maritime settings.  Specifically, the plaintiff's employer was testing a rigging device constructed by the manufacturer for use in anticipated offshore lifts.  That intended use was clearly known to the manufacturer, namely that its product was intended for offshore rather than land-based lifting.

Thus the plaintiff was a "seaman," the court had jurisdiction over all claims pursuant to the Jones Act and the General Maritime Law, and no jury trial was warranted.

The court went on to conclude that the plaintiff suffered some $1.9 million in damages due to his maritime personal injury during the failed rigging test.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

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The FBI has limited experience in maritime security, but after the recent increase in threats posed to maritime workers and crew from pirates, the agency is building relationships with maritime companies in an effort to enhance its security programs.

The agency, from its Maritime Liaison office in Florida, is focusing on the commercial cruising industry, yacht and boating industry, cargo lines, and other maritime related industries. The intention is to increase the FBI's ability to gather intelligence. Cargo vessels and cruise ships, for instance, are much more likely to observe suspicious behavior and can report to the FBI, enabling the agency to take important steps in protecting maritime workers and our ports. The agency plans to develop a comprehensive maritime network that can receive information from vessel lines and other sources, and then use the information to ward off any threats. The agency has established maritime liaison officers at all its field offices that have connections to the maritime industry.

Specific activities that the Florida FBI Maritime Liaison Center has investigated include major security threats like:

• Hijacking
• Bomb threats to vessels
• Smuggling of weapons, explosives, and drugs

Also, the agency is monitoring suspicious activities, like photography and dubious purchases, like night vision equipment and underwater delivery systems. The agency is looking especially at such activities by people belonging to countries that have a history of threatening the U.S. In addition to these, the FBI is also investigating murders, assaults, suicide, and other matters that fall under maritime jurisdiction.

FBI Can Assist with Maritime Security Issues

With its reputation for efficiency and diligence, the FBI has a huge role to play in ensuring the security of maritime workers. Workers on cruise ships, cargo vessels, and crew members of yachts and luxury boats are at greater risk of danger on the seas than in previous decades. Years after 9/11, terrorism continues to be a threat to our country and maritime workers at sea are at an increased risk of dangers from such activities. The recent pirate attacks on American vessels have also increased the need for top level federal assistance for providing security to workers. 

As maritime lawyers, we believe such involvement of the country's top investigating agency is extremely important for the security of maritime workers.

If you have any questions regarding a maritime incident, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

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A Galveston woman filed a lawsuit against several maritime companies for the death of her father, a Jones act seaman who died from asbestos exposure.

The worker, Pedro Perez, was employed by Great Lakes Dredge and Dock Company in Galveston County back in the sixties. According to the lawsuit filed by a maritime attorney, the nature of his job exposed him to asbestos particles and, as a result, he contracted mesothelioma. Perez eventually died of the disease.

Perez’s family claims that the maritime worker was unaware of the health risks of asbestos until he was diagnosed with mesothelioma. Mesothelioma is a form of cancer in which malignant cancer cells are formed in the mesothelium, the lining that covers internal organs. In almost all cases, the cause of mesothelioma is exposure to asbestos particles. The exposure, in a vast majority of cases, occurs in workplace settings where workers are exposed to asbestos fibers over long periods of time.

Symptoms can include:

• Chest pain
• Breathlessness
• Fatigue
• Cough
• Wheezing
• Anemia
• Blood in the sputum
• Fluid surrounding the lungs

Thousands of workers who contracted the disease as a result of exposure to asbestos in their workplace, have sued their employers and related companies. Asbestos was used heavily in the ship yard industry in past decades, exposing workers to the dangers of mesothelioma.  Making the process of litigation harder for the workers is the fact that the symptoms of mesothelioma may not appear until twenty or thirty years after the exposure.

Jones Act Provides for Benefits for Occupational Diseases

The Jones Act guarantees compensatory benefits to seamen who have contracted occupational diseases while performing their jobs. Benefits can include cure benefits, medical treatment, cost of medications, and medical supplies to treat the condition.  A sick seaman is entitled to compensation until he reaches maximum possible recovery. This stage of maximum recovery is known as Maximum Medical Improvement or MRI. Once the seaman reaches this stage, he may no longer be eligible for benefits.

If you or a loved one has been affected by asbestos in the workplace or contracted mesothelioma, a Jones Act lawyer can help you find the answers you need.

Contact a Jones Act lawyer, at Arnold & Itkin LLP for a free evaluation of your case.

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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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