Arnold & Itkin LLP files suit on behalf of a victim who suffered a closed head injury while boarding a vessel

Houston maritime lawyers Kurt Arnold and Paul Skrabanek of Arnold & Itkin LLP recently filed suit on behalf of a maritime worker from Crowley, Texas, who was injured while boarding a vessel owned by Maritech Resources, Inc. The injury occurred when the plaintiff was exiting a Rotorcraft Leasing Co., L.L.C. helicopter and fell upon the vessel’s helideck. The victim sustained a number of injuries in the fall, including a closed head injury that left the worker unconscious for nearly 30 minutes. The injury was caused by the negligence of the defendant's employees, who carelessly left foreign substances on the helideck. The case is currently pending in Galveston County Court.

Arnold & Itkin LLP files suit on behalf of shrimp boat crew member denied maintenance and cure benefits

The maritime lawyers at Arnold & Itkin LLP recently filed suit in Galveston County, Texas, on behalf of an injured shrimp boat crew member who contracted a dangerous staph infection on his dominant hand. The injured seaman, a resident of Ft. Worth, Texas, contracted the infection while working offshore on a vessel owned by Trico Shrimp Company of Freeport, Texas, which is in Brazoria County.

In the United States, maritime law requires shipowners to provide maintenance and cure benefits to seamen who are injured in the course of their employment until they are either fit to return to duty or they reach a state of maximum medical improvement. The maintenance benefit covers basic room and board expenses, whereas the cure benefit provides for reasonable medical expenses needed to treat the injured seaman. Unfortunately, in this case Trico refused to pay any maintenance or cure.

Arnold & Itkin LLP is proud to help this seaman get the medical attention he deserves in the hope that he will be able to regain full use of his hand.

Maritime Accident Aboard Oil Rig Kills Louisiana Worker

A Louisiana maritime worker was killed while engaged in loading activities aboard an oil rig in Dequincy, Louisiana last week. The 50-year-old worker Brian Dominque was loading oil field gear on the rig when the load came loose and fell on him. Dominque suffered serious injuries and died on the way to the hospital. Officials are conducting an investigation into the accident.

Loading and unloading activities tend to be some of the riskiest maritime tasks. Every year, several maritime workers are injured or killed when they are struck by falling objects as they load, unload, and transport cargo, however, this does not have to be so. Jones Act LawyerMaritime safety procedures, if followed properly, can minimize the risk of accidents. Loads must be properly secured to prevent the risk of loads falling off of cranes and injuring workers. Maritime workers must also be trained about the risks they face while performing these activities. The importance of worker training and employee coordination cannot be underestimated. It is imperative that workers are trained to warn each other about the status of operations and any possible risk to those in the vicinity. Cranes must be fitted with alarm systems to warn workers that loads are being carried.

The kinds of injuries that can result when safety procedures are not followed can be serious. When heavy objects fall on a worker, they can leave him with blunt force trauma, crushing injuries, broken bones, and/or severed limbs. Head and brain injuries, and spinal cord injuries are also common. Depending on the kind of loads involved in the accident, workers may even be killed. Those who survive may find themselves physically incapacitated and in need of long term care.      

Maritime Workers Have Rights

Maritime workers who suffer injuries on the job may be eligible for compensation under the Jones Act. The Act also provides compensation for the families of the victim, in the case of death of a worker. If safety procedures were followed correctly, the Jones Act would be much less prevalent in maritime work. Unfortunately, it is a term almost synonymous with seamen and their jobs.

If you have been injured in a maritime accident, a maritime lawyer can explain your rights to you, ensuring that you recover the full compensation you deserve. Contact an experienced maritime attorney at Arnold & Itkin LLP to discuss your case.

Florida Power Boat-Tugboat Accident Kills Five, Injures Seven

A maritime accident involving a power boat with 14 people on board and a docked tugboat on the Intercoastal Waterway in St. John's County, Florida killed five people and left seven with serious injuries. The accident occurred 25 miles southeast of Jacksonville on Sunday evening.

The power boat was leaving the marina when it slammed into the tugboat. Rescue efforts were initially hampered due to ongoing construction work at the dock. Rescuers had to lay plywood sheets out to get to the victims, who were all on the power boat. The tugboat, which was registered to a St. Augustine company, F & A enterprises, was empty at the time. Three of the people injured in the maritime accident were said to be in critical condition.

Maritime Injury AttorneyInvestigators are looking into a number of factors that may have caused the accident, including the speed of the power boat, lighting conditions, and whether people on the power boat were drinking at the time of the crash. The driver of the boat is said to be one of those who survived the boat accident and officials have confirmed that they will conduct toxicology tests on the driver. 

The Florida Fish and Wildlife Conservation Commission announced a criminal investigation into the crash. The National Transportation Safety Board (NTSB) has also announced that it will be conducting an investigation into the boat accident. Normally, the NTSB does not involve itself in boat accidents, but due to the serious injuries and multiple fatalities here, the board has decided this maritime accident merits an investigation.

Maritime Accident Claims

Maritime workers injured in an accident with another vessel, whether it is a pleasure craft or a Jones Act vessel engaged in commercial activities, may be entitled to compensation. 

If you believe you have been injured in a maritime accident, a maritime attorney can help answer any questions you may have regarding compensation. Contact an experienced maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

Maritime Authorities Warn Crews & Workers about Risks of Pirate Attacks

As the captain of the cargo ship that was attacked by Somalian pirates was rescued, Combined Maritime Forces (CMF) issued a special advisory warning to mariners and workers, explaining that they should be extremely vigilant while navigating the waters off the coast of Somali.

Last week's riveting hostage drama ended with Captain Richard Phillips' rescue; although, the pirates have now warned of revenge against American ships. The Maersk Alabama, a 17,000 ton cargo vessel, was hijacked by a group of pirates last Wednesday. The ship was loaded with relief supplies for the U.S. Agency for International Development (USAID) to help feed malnourished people in Somalia. The pirates were armed with automatic weapons and rocket propelled grenades, but the 20-member maritime crew managed to negotiate their release. Maritime Injury AttorneyThe crew included Colin Wright, a Galveston resident. The captain, Richard Philips, gave himself up as a hostage to the pirates in return for the safe release of his crew members. The ship safely returned to port and after a five day standoff, Phillips too was rescued when snipers killed three of the pirates and took one into custody.

Meanwhile, CMF issued a special maritime advisory, pointing out the pirate attacks that have occurred off the Somali coast, and asking ships and their maritime crew workers to be vigilant and prepared to handle attacks. The advisory also says that despite the presence of ships and aircraft in the region, they are not likely to be able to provide support to a vessel in the event of a pirate attack. The advisory strongly underscores the kind of dangers maritime workers and crew face in this time of increased piracy.

Maritime Pirate Attacks

It has become clear that current maritime training is not sufficient for workers to handle the kind of aggressive pirate attacks taking place. For instance, maritime workers are not equipped to deal with hostage situations. Training programs and maritime safety procedures need to be revised and enhanced to ensure the safety of workers in case of a pirate attack. Maritime companies should also look at how they can increase the security of their own vessels in order to resist attacks and ensure the safety of their workers.

If you've been injured in a maritime accident, a maritime lawyer can help you recover compensation for your injuries. Contact a maritime lawyer at Arnold & Itkin LLP to discuss your case.

Galveston Port Secures $28.1 Million Loan for Maritime Improvement Projects

Part of providing a safe working environment for maritime port workers is maintaining work areas. Maritime workers at the Port of Galveston can look forward to extensive renovations now that the port has obtained a $28.1 million loan from the state.

The loan comes courtesy of the Texas Industry Development (TID) Loan Programs, a state-sponsored program that offers low cost financing for development projects. According to port officials, half of the loan will go toward channel deepening projects, which will allow the port to handle larger vessels. The rest of the funds will be used to conduct repairs of severely damaged bulkheads. Port officials hope these enhancements will allow the Port of Galveston to handle lucrative cargo, like vehicle shipments. Port officials are now looking for firms who can start repairs on the deteriorated bulkheads. They will also begin the process of seeking tenders for the channeling deepening projects soon. Maritime Injury AttorneyThe enhancements are expected to bring in more than $400 million in extra revenue for the port and could lead to the creation of more than 2,000 jobs. That is good news, not only for the port and its maritime workers, but also for the larger Galveston community.

The port sustained major damage when Hurricane Ike hit the coast last year. When the waters receded, damage included waterlogged sheetrock and soggy cargo facilities, among other things. The port's Board of Trustees handed director Steven Cernak emergency powers to release $55 million for repairs. With the new loan in place, the Port of Galveston will be able to ensure, not only increased cargo handling facilities, but also a safer work environment for port and maritime workers.

Maritime Laws

Port workers who make a living loading and unloading, stowing and securing cargo, and other port activities are protected under maritime law. Workplace enhancements will surely help these workers conduct their duties efficiently and safely.

Port workers who are injured in an accident can secure compensation with the help of a maritime lawyer. If you've been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.

Crane Collapse Destroys Yacht in England

A massive 40-ton hydraulic crane collapsed on a yacht at a sailing club in Portchester, Hants, England, destroying the boat; no injuries were reported.

The crane was lowering a new £20,000 Westerly Konsort yacht when, according to witnesses, it began to tip over and crashed into the center of the yacht. The impact of the 40-ton crane tore the boat almost in two. The operator of the crane was forced to leap out of his cabin 12 feet to the ground as the crane collapsed. Miraculously, no injuries were reported. One workman at the scene narrowly escaped injuries by darting from the area as the crane came down.

Maritime Injury AttorneyCoast guard personnel worked many hours to recover the crane as emergency crew members averted an environmental disaster by preventing oil from spilling into the water. A larger 100-ton crane was used to help with emergency rescue efforts.

Investigations into the crane accident will continue, but as of now the accident is being attributed to a broken hydraulic pipe. Investigators may look into whether there was a manufacturing defect that caused the crane to collapse in the middle of operations. They will also look at the maintenance records of the crane to see if shoddy maintenance could have been responsible for the fractured hydraulic pipe.

Maritime Injury Attorneys

Maritime workers injured in an accident caused by faulty or defective equipment can file damages claims under the Jones Act. The Jones Act exists to ensure that injured seamen receive full compensation after they have suffered injuries in a maritime accident. These benefits include initial medical care and continuation of medical care until your condition is deemed to have reached medical improvement. There are also other compensatory damages applicable for maritime injury accidents.

The maritime lawyers at Arnold & Itkin have helped thousands of injured maritime workers recover compensation for their injuries. If you've been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

Florida Maritime Accident Results in Oil Spillage, No Injuries Reported

A Port of Tampa maritime accident involving a tugboat pulling a barge and a moored tug, resulted in approximately 1,000 gallons of waste oil spilling into the port.

According to reports, the accident occurred when the tugboat, Katherine Ann, was pushing a barge and collided with the tug, Liberty, which was moored at the dock at Causeway Boulevard. The accident led to 1,000 gallons of oil spilling into the water. The Coast Guard is supervising cleanup operations and is conducting an investigation into the collision. Maritime Accident AttorneyThe company that owns one of the boats, Diversified Environmental Services, is located near the dock and was able to respond to the crisis immediately. The quick response helped prevent damage to marine life and the environment. No injuries were reported in the collision.

For maritime workers and Florida maritime officials, oil spills likely bring back memories of the Tampa Bay oil spill of 1993, in which 300,000 gallons of oil and 33,000 gallons of jet fuel spilled into the water. That oil spill was also the result of a collision and involved three vessels at the entrance of Tampa Bay. One of the vessels was carrying close to 8 million gallons of diesel, jet fuel, and gasoline. Upon colliding, a fire quickly broke out; it took firefighting teams more than 16 hours to control the inferno. No one was injured in the accident, it was, however, responsible for Tampa Bay's largest oil spill to date. The environmental damage from that accident was fairly limited, considering the size of the spill. The fact that just months before the spill, emergency plans for oil spill disasters were put into place helped control the damage.

Maritime collisions can be the result of various factors, including:

  • negligence on the part of crew
  • failure of port authorities
  • weather conditions

In recent years, some high profile maritime collisions have been linked to crew failure. The 2007 Cosco Busan accident with the San Francisco - Oakland Bay Bridge was the result of a medically unfit pilot and lack of communication between he and his captain. Also, the 2008 collision of the of the tugboat, Mel Oliver, and the oil tanker, Tintomara, was ultimately attributed to a captain who abandoned ship a few days before the accident, leaving the tugboat to be piloted by an apprentice mate who was not equipped for the task.

Maritime Accident Claims

Maritime accidents, as the above incidents show, are not always the result of employer errors, but can also be caused by the incompetence, negligence, and failure of crew members. However, even if an accident is caused by a co-worker's negligence, the employer is still responsible for any injuries that result. Injured workers in such cases are eligible for all the benefits promised to them under the Jones Act or other maritime laws. It is important that workers be aware of their rights before they settle for compensation. A maritime attorney can help you do just that.

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

Appeal Hearings in Louisiana Maritime Accidents Damages Case Begin

An appeals court in Louisiana began its hearing of an offshore drilling company's objection to maritime damages awarded to a man who suffered post traumatic stress disorder (PTSD) after being involved in a jack up rig collapse accident.

Lonnie Cortney Campbell was one of several workers aboard the Parker Drilling Offshore USA jack up rig that partially collapsed on September 11th, 2003 off the Louisiana-Mississippi coast. The accident, which occurred while jacking up operations were in order, did not result in any fatalities. As the rig buckled, Campbell was thrown from his bunk and had to jump into the water. On top of, already terrifying events, Campbell did not know how to swim. Maritime Injury AttorneyHe suffered intense terror, unsure if rescue would arrive in time or if the rig would collapse on him. He suffered injuries to his wrist and back, but the emotional scars ran deeper. He has suffered from severe post traumatic disorder since the accident. In 2007, Campbell was awarded $952,966 including 200,000 in damages for PTSD.

The company appealed the verdict and insists that Campbell's physical injuries were the result of “preexisting conditions”. The company's attorneys have asked personal injury damages to be reduced and recalculated based on a lower federal interest from the date of the accident.

PTSD is an anxiety disorder that usually results after a person has been through a terrifying physical ordeal like an assault or an accident in which there was a physical threat. The disorder came into the spotlight after the Gulf War in the early 1990’s, when soldiers who returned from active combat began to suffer from nightmares, sleeplessness, anxiety, and socially withdrawn behavior. The symptoms of PTSD may not become evident for weeks after the incident, when they do surface they can include:

  • Sleeplessness
  • Anxiety
  • Nervousness
  • Disinterest in social relationships
  • Flashbacks of the or deal
  • Panic attacks
  • Drug or alcohol abuse

Maritime Accident Compensation

After a maritime accident, injured workers may be eligible for, not only immediate and short term medical expenses, like doctor bills and hospitalization expenses, but also medical expenses over the long term. An example of this would be treatment and counseling for post traumatic stress disorder, which usually results after a worker has experienced a serious life threatening accident. In Campbell's case, although his physical injuries were immediately visible, and therefore, could be mentioned in a maritime accident claim, the long term anxiety disorder that surfaced later was not as obvious. For this reason it is important to sit down with a maritime attorney before you decide to file a damages claim against an employer. An attorney may be able to include all expenses over the short and long term, so you get the complete compensation you deserve.

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

Twenty Years after Valdez Maritime Accident Exxon Continues to Hire Single Hull Tankers

Twenty years after the Exxon Valdez maritime accident which resulted in the worst maritime environmental disaster in U.S. history, the company continues to use single hull ships. After nearly 80% of super tankers in the world have been replaced by double hull tankers, Exxon continues to use unsafe, single hull ships.

On March 24th, 1989, the Valdez spilled 11 million gallons of oil into the Prince William Sound in Alaska. The tanker, which was on its way from Valdez to Los Angeles, California, ran aground, rupturing its hull and, ultimately, dumping oil into the ocean. It remains one of the most devastating environmental disasters in the world, with the oil slick reaching out to cover 11,000 square miles of the ocean. The short term effects of the spill were extensive; hundreds of thousands of animals and birds were killed instantly, including:

  • seabirds
  • otters
  • harbor seals
  • orca whales
  • fish eggs

Since then, the maritime wildlife in the area has continued to suffer from the long term effects of the oil spill including:

  • stunted growth
  • increased deaths rates

Maritime experts believe that we have yet to see the end of the Valdez impact. In a lawsuit filed against the company, it was revealed that the ship's captain had been drinking alcohol earlier that evening and left the bridge unmanned during the accident.

Ship design experts believe that if the Exxon Valdez had a double hull instead of a single hull the devastating impact of the spill could have been lesser. Double hull tankers come with a one inch thick exterior layer of steel that can absorb impact in the event of a maritime accident; the inner layer of steel is thus unharmed and can contain oil that otherwise would leak out.  Single hull tankers, on the other hand, come with a single layer of steel, when this layer is damaged there is nothing to stop oil from spilling into the ocean.

Maritime Injury AttorneyAcross the world, 115 countries have promised to ban single hull ships by 2015. In the U.S., single hull tankers are required to unload at the Louisiana Offshore Oil Port or other designated unloading points until 2015 comes around. Even as the world moves to avoid another massive and environmentally destructive maritime accident like the Valdez spill, Exxon continues to use single hull tankers. In 2008 alone, Exxon Mobil Corp. hired more older, single hull tankers than the other top ten oil companies combined. The company insists that the cost of hiring double hull tankers is not the reason for its failure to bring them into operation. Double hull tankers can cost up to 20% more to hire than single hull ships.

The Valdez disaster resulted in no injuries to workers aboard the vessel during the accident. However, the workers hired to take part in the clean up process suffered long term damage. These people ended up with oil accumulation in their lungs and blood. They suffered headaches and nausea, and some continue to suffer nose bleeds, lung problems, and several other mysterious illnesses that surfaced when they finished work on the clean up. Dozens of workers filed injury lawsuits. It is estimated that there could be thousands of workers who were injured by exposure to the toxic chemicals used to clean up the oil slick. Because Exxon did not allow government investigators to access medical records, those numbers may never be confirmed.

Maritime Injury Attorneys

Large oil companies have the ability to quickly cover up their negligence and avoid having to pay out damages in a maritime accident claim. These companies have access to teams of high dollar attorneys, therefore, it is important for you to be represented by an expert maritime attorney when you proceed to file claims against a company like Exxon. Even if you do not intend to file a claim, it is important to discuss your case with a maritime lawyer to evaluate all your options.

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP to discuss your case.

Maritime Fire Accident Aboard Galveston Ferry Boat

Galveston county fire fighters are investigating the cause of a Texas ferry boat fire that broke out in the engine room as the vessel traveling from Galveston to the Bolivar Peninsula. The March 21st fire resulted in no injuries.

The fire apparently ignited at 6:40 pm on the Gilchrist. The boat had just left the Bolivar landing when crew members noticed smoke from the engine. The boat was immediately turned around to return to the Bolivar landing. Fire fighters managed to extinguish the fire in half an hour. There were 65 to 70 vehicles on the ferry at the time of the fire, all of them were off-loaded without any damage. Passengers were not informed of the reason for the turnaround. Police continue to investigate the cause of the fire. The U.S. Coast Guard is also expected to visit the Bolivar ferry landing to conduct its own inspection of the Gilchrist.

Maritime LawyerFortunately, there were no injuries on board the Gilchrist. Fires on a water craft are often linked to explosions; the fire on the Gilchrist appears to have ignited in the engine. This can happen due to improper maintenance of the fuel system. Fires can also break out due to electrocution, when the vessel comes in contact with a live power line.

Crew members who work on ferry boats may be eligible for compensation under maritime laws in the event of an accident, because a ferry fits the definition of a Jones Act vessel.  Crew members working on the boat also qualify as Jones Act seamen under the provisions of the Act.

Why You Need a Maritime Attorney

Very often, maritime workers are not aware of their rights in the event of an injury or accident. For this reason it is imperative that ferry boat, cruse ship, and other vessel crew get in touch with a maritime lawyer immediately after an accident. An attorney will determine whether you fall under the purview of maritime laws and help you draft a damages claim. Damages can include medical expenses, hospitalization expenses, costs of rehabilitation, etc.

If you have been injured in an accident aboard a ferry boat, cruise ship, barge, or other vessel, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Oil Rig Worker Files Maritime Lawsuit against Drilling Company for Fall Injuries

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.

Oil Rig Accident AttorneyIt 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.

Arnold & Itkin LLP files Second Case Against Hercules Over Injury from Falling Pipe

Kurt Arnold and Paul Skrabanek filed the second case against Hercules on behalf of an injured seaman. A pipe was tack welded to a rig and not properly removed prior to drilling operations. The pipe fell 100 feet and struck two seaman, seriously injuring both. The first case was handled by Kurt Arnold and settled for $14 million on the eve of the trial. Arnold & Itkin LLP has now filed the second case in Galveston County court on behalf of the other injured seaman.

Arnold & Itkin LLP Maritime Lawyers Recover $825,000 for Roustabout, Injured on an Offshore Drilling Barge"

Maritime lawyers Cory Itkin and Kurt Arnold of Arnold & Itkin LLP recovered $825,000 on behalf of a raustabout from Lufkin. He was severely injured on an offshore drilling barge when an improperly secured spinner hawk hit him from behind. As a result of the accident, the injured worker needed neck surgery and cannot return to work offshore. The case was pending in Texas state court in Galveston County. (Disbursement Pending.)

Maritime Firm Involved in Mississippi River Accident Used Unlicensed Workers

Investigations into a massive 2008 oil spill on the Mississippi River reveal negative details about the practices at the shipping firm that owned the tugboat. The company apparently habitually used maritime workers who lacked proper licensing.

Former port captain, Jim Sellers, testified at a Coast Guard hearing in New Orleans. He explained that the company, DRD Towing, often substituted unlicensed personnel in place of qualified employees.  Maritime LawsuitWhen the tugboat, Mel Oliver, pushed an oil barge into the path of an oncoming ship last July, apprentice mate John Bavaret was at the helm. Bavaret did not have the licensing needed to operate the tugboat, he was "filling in" for Terry Carver, the captain of the ship. Carver, according his own testimony, jumped ship a few days before the tugboat accident to pursue his girlfriend in Illinois. He asked Bavaret to take his place at the helm of the tugboat. Bavaret's inexperience and lack of qualifications for the job resulted in an accident that ended with more than 280,000 gallons of fuel spilled into the Mississippi River. According to Jim Sellers' testimony, hiring inadequately licensed crew members was a regular practice at DRD Towing. The company, which closed down in August, had previously substituted an unlicensed deckhand for an apprentice mate. According to Sellers, he tried, on many occasions, to caution his employers at DRD Towing that the practice of staffing the vessel crew with insufficiently licensed personnel could end up causing problems for the company.

Sellers' testimony is part of investigations into the accident after which the Coast Guard will recommend appropriate penalties for those responsible for the accident. The Mel Oliver - Tintamora accident resulted in no injuries or deaths. The injury-free accident can be attributed to luck rather than any foresight or efficiency on Bavaret's part. The kind of indiscriminate hiring practices going on at DRD Towing were a maritime disaster waiting to happen.

Maritime Injuries

Very often, injuries on board a vessel are the result of the negligence or recklessness of employers, who create unsafe conditions for their workers in an effort to cut costs. For instance, DRD Towing's practice of hiring unqualified workers was an attempt to cut down on overheads by hiring cheaper labor. In cases like this, maritime injury victims can claim compensation for their injuries under the Jones Act with the help of a Louisiana maritime accident lawyer.

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. 

Maritime Worker Killed in Florida Port Accident

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. Maritime Accident AttorneyCoastal 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.

Cosco Busan Maritime Accident Blamed on Pilot Incompetence

The Mel Oliver-Tintamora tugboat oil barge accident in Louisiana last year and the collision of the Cosco Busan with the San Fransisco-Oakland Bay Bridge in 2007 both resulted in massive oil spillage, affecting commerce in the region. Fortunately, no one was injured in either accident.

Much like the Mel Oliver incident, the Cosco Busan accident has been traced back to pilot's incompetence. According to the National Transportation Safety Board (NTSB), the Cosco Busan accident was caused by errors made by a pilot who was "medically unfit”. This, combined with a lack of communication between the pilot and the captain, led to the cargo vessel colliding with the Bay Bridge. The accident resulted in 53,000 gallons of oil spilling into the San Francisco Bay. Thousands of birds were killed and clean up efforts cost more than $70 million. Jones Act Maritime LawyerAccording to the NTSB, Cosco Busan pilot, John Cota, bore most of the responsibility for the accident due to his failure to read radar data properly. Also, at the time of the accident, Cota was, reportedly, taking as many as 11 different medications for various conditions, ranging from alcoholism to depression. The Board vocalized the reaction of many maritime attorneys when they learned the vessel's pilot was steering his 68,000-ton ship under the influence of prescription medication, explaining "How [he] got to stand on the bridge of a 68,000-ton ship and give directions to guide the vessel through a foggy bay and under a busy highway bridge, is very troubling." Cota, it now appears, failed to report the kinds of medication he was taking when his pilot's license came up for renewal. The NTSB also found the ship's captain Mao Cai Sun to blame due to his failure to communicate effectively with Cota. The shipping firm that operated the Cosco Busan, Fleet Management, is also being held responsible and is expected to be charged for violation of environment laws.

Poor oversight of ship crew's senior members can put the lives of other crew members and innocent bystanders in danger. Incompetence of pilots and captains, like Cota's conduct in a drug-hazed stupor, can cause other maritime workers on a vessel serious injuries. When injuries are caused by the negligence of other employees, workers may eligible for compensation from their employer under Jones Act laws. 

Maritime Injury Attorneys

The attorneys at Arnold & Itkin LLP have represented hundreds of maritime accident victims in Louisiana, Texas, Alabama, Mississippi and Florida. 

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.

Arnold & Itkin LLP Represents Jones Act Seaman, Jasper Smith

Arnold & Itkin LLP represents Jasper Smith, a Jones Act seaman from Alabama, who was seriously injured while working as a ring setter for Daybrook Fisheries. On September 29, 2008, the captain of his pogey boat crashed their vessel into an Exxon Mobil platform located off the coast of Louisiana. The force of the collision slammed Mr. Smith into a freezer. Arnold & Itkin LLP is proud to help him get the medical treatment he needs for his back injuries and help him get the compensation he deserves for this Jones Act claim.

Texas Ports Association Honors Senator Hutchison for Contribution to Maritime Safety

The Texas Ports Association has honored Senator Kay Bailey Hutchison as its “Person of the Year” for her contribution to maritime safety at Texas ports. Annually, the honor is awarded to individuals who support and work for the advancement of Texas ports, including making them safer and more efficient.

The state's ports are some of the busiest in the country with an estimated 20% of its deep sea traffic. Senator Hutchison, the only female senator to represent Texas in the Senate, has been a long time supporter of our ports. Some of her goals have been to boost the competency and efficiency of the ports, and increase the number of security personnel. According to Jim Edmonds, chairman of Port of Houston Authority, Senator Hutchison has always been involved in efforts to bolster safety and security at the ports and strengthen their functioning, so they can contribute to the economic success of the state and the country. Senator Hutchison has a position in the Senate Appropriations Committee and is also a Ranking Member of the Senate Commerce Science and Transportation Committee. Through her association with these committees, Senator Hutchison has been heavily involved in the improvement of the maritime industry. She was instrumental in passing the SAFE Port Act in 2006, which established a set of standards for containers arriving in the U.S. and allows inspection of containers at random. She is also a strong supporter of increased funding for Texas ports through the Port Security Grant Program which has channeled more than $2 million to the state's ports over the last 6 years.

Maritime Accidents

Longshore workers, who may work for a port, often toil in dangerous jobs like loading and unloading cargo or crane and derrick operations. These jobs are often far more dangerous than they need to be. Simply following safety guidelines can reduce a longshore worker's risk of falling, being hit by falling objects, being run over by cranes and other maritime accidents.

Longshore workers injured while performing non-marine activities like loading and unloading or repairing vessels and rigs may be eligible for compensation under maritime laws. An experienced Texas maritime lawyer can help you recover compensation from the parties responsible. 

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

Worker Electrocuted on Chemical Tanker Off Galveston, Texas

A 24-year-old chemical engineer and graduate of the Massachusetts Maritime Academy (MMA) was killed in an electrocution accident, in January, while working aboard a chemical tanker off Galveston, Texas.  

There are no specifics about the accident, but it appears that the 24-year-old third assistant engineer Christopher Erickson was holding a wire when a circuit breaker was tested. Erickson was working on board the Sea River Wilmington, a tanker owned by a subsidiary of Exxon Mobil. The tanker was engaged in transporting cargo between ports along the East coast. At the time of the accident the vessel was anchored 12 nautical miles off the coast of Galveston, Texas. As soon as the accident took place, the Coast Guard was notified and Erickson was transferred to a hospital in Houston, however, he died soon after due to his injuries. Students and staff at the MMA have expressed their sadness over Erickson's death, who was considered one of the brightest young cadets to graduate from the academy. He graduated cum laude from his engineering class and was a brilliant athlete.

The oil industry has the highest fatality rate of workers in American industry work. The range of challenges that an employee can face are enormous. While conditions in the industry are laced with risk, many of these risks can be eliminated if employers follow all procedures to make the maritime environment as safe for employees as possible. There are no details on how the circuit breaker came to be tested while Erickson was holding the wire, but if investigations show that there was negligence somewhere along the line, it would not be the first time a maritime employee suffered the consequences. Because of his job as a Jones Act seaman, Erickson's family may be entitled to compensation benefits that are included under the Jones Act.

Why You Should Consult a Maritime Injury Attorney

Employers generally prefer to pay as few maritime benefits as possible.  The family of a worker who dies in an accident on navigable waters may file a maritime wrongful death claim that covers a range of benefits payable to the family. The family may be urged to close the case with the benefits package offered by the company without thinking about other, less obvious expenses they may have to face down the road. This is why it is necessary to consult with a maritime attorney before agreeing to any compensation package offered by the company.

If you've lost a loved one in a maritime accident you should contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Injured Louisiana Oil Worker Ruled Eligible for Longshore Harbor Benefits

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 5th 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.

Flight 1549 Lawsuits Could be Governed by Maritime Laws

A maritime accident attorney believes that maritime laws could possibly apply to any civil lawsuits that may be filed by the passengers of U.S. Airways Flight 1549, which crash landed in the Hudson River on the 15th of January.

According to Manhattan attorney John Hession, the application of maritime law in the Hudson River crash would be appropriate because the jetliner landed in the Hudson River. At the moment of landing, the plane stopped flying and began to float like a vessel, therefore, any claims arising out of the accident should be considered under maritime laws that govern vessels on waters. This point of view has been corroborated by another lawyer who also says he would consider invoking maritime law if retained to represent any passengers on Flight 1549.

The universal admiration for the pilot and crew of Flight 1549, and the manner in which they were able to land the plane safely without any major injuries to the passengers has caused excessive media attention and, therefore, discussion of potential lawsuits. However, there have been no confirmed lawsuits filed. All 150 passengers and 5 crew members were safely evacuated from the plane before it began to submerge into the icy waters of the Hudson. The Coast Guard as well as ferry boats that were plying the Hudson River at the time, were able to mount emergency rescue operations within 15 minutes of the crash landing. Another reason there have been no lawsuits filed is the lack of serious physical injury caused to the passengers. However, emotional distress as well as the physiological impact felt in the moments before the crash could be considered grounds for a claims lawsuit. U.S. Airways has already made what some consider, a preemptive strike, sending all passengers a check for $5,000 to hold them over financially until they receive their personal belongings.

Not everyone agrees that maritime law could be applied to the Hudson River crash lawsuit. In the absence of any litigation action initiated by any of the passengers, most of these discussions over whether a crash landing on water constitutes a maritime accident could be just that – speculation. There has, however, been one precedent that could justify the application of maritime law to Flight 1549. In 2001, an American Airlines plane crash landed in Belle Harbor killing 265 people. A judge ruled that because the plane was carrying passengers over the ocean, and because the stabilizer fell into the water putting maritime commerce at risk, the case could fall under maritime jurisdiction.

 

Application of Maritime Laws

 

Maritime accidents refer to those that happen on a vessel – that includes a rig or platform - on navigable waters. There may be other rare and exceptional circumstances that call for the application of these laws. Only an experienced maritime injury attorney can help you decide the kind of laws that apply to your case.

If you have been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP to discuss the compensation and benefits you may be entitled to.

 

8 Offshore Rig Workers Killed in Helicopter Accident in Gulf of Mexico

Investigations are ongoing in an early January helicopter crash in Terrebonne Parish, Louisiana that killed 8 offshore rig and maritime workers and injured at least one person.

The National Transportation Safety Board is conducting investigations in the crash involving a Sikorsky S-76C owned by Petroleum Helicopters Inc. (PHI), a Lafayette based company. The helicopter was on its way to a Shell Oil platform in the Gulf of Mexico when it crashed into a marsh near Bayou Penchant. The 8 people killed in the crash were offshore rig workers. At least one family has already filed a lawsuit against Petroleum Helicopters Inc.

In recent years helicopters have become one of the main modes of transportation used to ferry rig workers and maritime equipment to offshore platforms. As technological advances allowed the construction of rigs in deeper waters, maritime companies and oil companies began to find it cheaper and more efficient to transport rig workers and equipment by helicopter rather than by ship, as was the case earlier. According to statistics from the Helicopter Safety Advisory Conference, which collects data from about 15 operators in the Gulf of Mexico region, close to 3 million passengers on 600 helicopters traveled the Gulf of Mexico region last year. With more and more helicopters being pressed into service, the risk of accidents has increased.

According to an earlier report by the National Transportation Safety Board, the Gulf of Mexico helicopter fleet is at a higher risk for accidents than the national rate. Petroleum Helicopter Inc. operates 162 aircrafts that regularly transport workers and equipment to platforms in the Gulf of Mexico. In the past decade alone, accidents involving helicopters owed by the company have killed at least 30 people, including those who died in January.

Offshore workers like engineers, riggers and laborers are constantly required to travel between platforms. While workers may disregard such nominal things as transportation risks, the fact is their mode of transportation is a risky one.

Investigating a Maritime Helicopter Accident

There are several factors that can go into the investigation of a maritime helicopter crash. Fleet records should be investigated to rule out mechanical malfunction of the chopper, and the possibility of pilot error must be probed thoroughly.  A maritime accident lawyer must have access to resources that will make such investigations possible.

At Arnold &Itkin LLP, we have represented dozens of maritime workers over the years and have obtained fair and just compensation. 

If you have been injured in a maritime helicopter accident, contact a Louisiana maritime accident lawyer at Arnold & Itkin LLP.