Houston maritime lawyer Mike Pierce of Arnold & Itkin LLP successfully reached a $650,000 settlement on behalf of a crab fisherman injured when a hydraulic system aboard his vessel malfunctioned, causing a crab pot to strike the fishermen. The fisherman suffered nonsurgical injuries to his lower back. The case was filed in the United States District Court for the District of Oregon.
Arnold & Itkin LLP maritime lawyers Paul Skrabanek and Kurt Arnold obtained $600,000 on an un-operated neck case. Specifically, the plaintiff was working as a deckhand when he tripped and fell over a large hose lying in the middle of the deck. The plaintiff injured his neck as a result of the fall. The case was settled three months in advance of the trial setting and after only one deposition.
Houston maritime lawyer Kurt Arnold filed a lawsuit on behalf of an injured Jones Act seaman from Cottonport, Louisiana. He was employed by MISWASCO and assigned to BP's THUNDERHORSE off the coast of Texas. He was injured on October 22, 2009 as a result of the decision by BP's order to fill tanks full of solid quick seal. As a result, he was injured and herniated 4 discs in his neck. Arnold & Itkin LLP Jones Act lawyers filed suit on his behalf in Galveston County.
Arnold & Itkin LLP has released a new video on LawyerForYou.com. In this new video maritime attorney Lisa Sechelski introduces our law firm's Jones Act & maritime law practice. In it, you'll hear feedback from an actual client and listen as Lisa shares important information you should know if you or a family member are injured in a serious maritime or offshore accident.
Maritime lawyers at Arnold & Itkin LLP represent seamen, dockworkers, oil & gas industry workers, cruise ship workers, & others injured in maritime accidents at sea or on inland waters.
Arnold & Itkin LLP recently filed a Jones Act claim against Tetra on behalf of a Gibson, Louisiana Jones Act seaman who was seriously injured on a derrick barge owned by the company. The injured seaman, employed by the company as a welder, herniated several discs in his neck when he was ordered to move heavy weightlifting equipment. Even though Tetra has refused to pay maintenance and cure benefits as required by admiralty law, Arnold & Itkin LLP's maritime lawyers are proud to stand by their client and help him through these difficult times. The accident occurred in Morgan City, Louisiana, and the case is pending in Galveston County, Texas.
Jaime Ortiz, 43, fell off a 39-foot lobster boat based in Gloucester, Mass., prompting an immediate search that included boats owned by local harbormasters, police and numerous local fishermen. Ortiz has not yet been found, and no official statement has been made about his chances of survival. Local officials said the search would continue.
One of the central issues surrounding the incident is the fact that Ortiz reportedly fell overboard “about three miles” off the coast. The three-mile distance from the U.S. shore is critical to the case, because it will help determine which law(s) apply if, in fact, Ortiz is lost at sea and his surviving family decides to file a claim seeking damages and/or future earnings.
If Ortiz is lost at sea and the incident occurred more than three miles from shore, his family may seek remedy under the Death on the High Seas Act (DOHSA). DOHSA was passed in 1920 to make it easier for surviving family members of seamen who died while working in international waters to receive compensation for the loss of future earnings by the deceased. If the accident occurred inside the three-mile boundary, Ortiz’s family may ask a Jones Act lawyer to seek remedy under the Jones Act. The Jones Act provides compensation to seamen in the case of an injury or the families of seamen who lose their lives while in service to a vessel, regardless of how far they were offshore when an accident occurs.
There are certain qualifiers that affect the Ortiz case, and others like it, in addition to merely the distance between the shoreline and the location of any such incident. DOHSA applies to anyone (e.g. boat owners and operators, crew, passengers, temporary employees, etc.) lost at sea more than three miles offshore. To qualify as a Jones Act seaman, the injured party only has to be a U.S. citizen and a regular crew member of a Jones Act vessel. In order to seek Jones Act coverage, a seaman or his surviving family must prove that the seaman was a ‘regular’ member of a crew in service to a vessel in navigable waters. The current court ruling defines ‘regular’ crew members as employees who spend 30 percent (or more) of their available working time on a single vessel or fleet of vessels under common ownership.
If Ortiz was a regular member of the crew, his family and/or legal representation could demonstrate that to the court through payroll statements, employment records, tax forms, etc. If Ortiz’s body is recovered or if he is presumed dead, and he is proven to have been a regular member of the crew and that he died as a result of negligence by the boat’s owner or crew, his family may be able to expect compensation through the Jones Act.
However, if Ortiz is not a U.S. citizen, or can’t prove that he is a regular member of the crew, or if he is a temporary employee, his case would fail to qualify under the Jones Act. The point is significant because Jones Act claims sometimes offer significant awards to the families of victims, who can sue for punitive damages, pain and suffering, future earnings of the deceased, etc. If Ortiz fails to meet the requirements of a Jones Act seaman and if the incident occurred inside the three-mile barrier from the shore, the victim’s family could come up empty in its attempts to seek compensation under maritime law. But if he meets all of the criteria and the accident is shown to have occurred more than three miles from shore, his surviving family members can file claims under both the Jones Act and DOHSA.
To successfully prosecute either a DOHSA or Jones Act case, the victim or his surviving family must prove negligence, either on the part of the boat’s owner or any other member of the crew. If negligence can be proven, Ortiz’s family could qualify for protection under the Jones Act and DOHSA if the incident occurred more than three miles offshore. Negligence could be found in a number of areas, including inadequate training of crew, failure to provide proper safety equipment, allowing a crew member to perform duties that exceed previous training, etc.
Also factoring into the equation is the fact that since both laws fall under maritime law, a victim’s family can file claims immediately, rather than having to wait a up to seven years for a civil court to declare the victim legally dead (also known as “death in absentia”).
A proven maritime lawyer will know the specifics of DOHSA, the Jones Act and their application to the Ortiz case, and has the knowledge to discern whether negligence was involved. An accomplished maritime attorney often will suggest filing immediately in order to allow as much time as possible for the case to be brought to trial before any relevant statute of limitations expires.
Operators of Offshore Service Vessels (OSV) supporting the offshore energy production industry are awaiting changes to recent Jones Act rulings from U.S. Customs and Border Protection.
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The Jones Act is a maritime law, which states (among other things) that only ships built in American shipyards and that are owned and crewed by Americans have the right to transport cargo between U.S. ports. Recently, U.S. Customs and Border Protection (CBP) approved waivers that allowed certain foreign vessels to transport and install oilfield equipment in U.S. waters. Last summer, CBP announced plans to modify 20 rulings in order to restore the original intent of the Jones Act, which is to protect the U.S. maritime industry from foreign competition.
The CBP said it recognized the fact that “allowing foreign-flagged vessels to transport merchandise from one U.S. point and install that merchandise at another point on the condition that it merely be accomplished on or from that vessel would be contrary to the legislative intent” of the Jones Act.
Under the modified rulings, foreign vessels will still be able to install oilfield equipment, but they will no longer be allowed to transport the equipment from U.S. ports to the installation site. The previous rulings allowed foreign vessels to carry equipment to offshore oil and gas facilities as long as the same vessel installed it.
Maritime laws like the Jones Act are unusual because they are based on common law rather than statutory law. Unlike statutory law, which is enacted by the legislature, judges determine common law. So as judges interpret and clarify maritime laws differently than their predecessors, the application of these laws changes over time.
The ongoing change in maritime laws is particularly evident in the most frequently contested aspect to the Jones Act the special rights it gives to seamen who are injured while in service to a vessel. If you’re a seaman who has been injured while in service to a vessel, engaging an experienced maritime lawyer or Jones Act lawyer is the only way to ensure you’re being represented by someone who is knowledgeable about all the changes to the laws affecting your case.
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:
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.
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.
Four maritime workers on a fishing boat were rescued after the engine of the vessel lost power and drifted into a Galveston jetty.
Before the accident, the crew of the vessel, Lucky Peter, called the Coast Guard asking for help because the boat was taking on water. The four workers were rescued and a crane ship was called in to raise the vessel. No maritime workers were injured in the fishing boat accident.
Fishing does not have to be a dangerous activity, but it often involves injuries and deaths, including drowning accidents, explosions, fires, and other vessel-related accidents. In 1998, the Commercial Fishing Industry Vessel Safety Act was passed to improve safety standards in the lucrative, but dangerous fishing industry. The U.S. Coast Guard enforces the regulations of the Act, which involves helping rescue crew members after a vessel is lost. These regulations require that vessels engaged in commercial fishing activities have safety equipment on board, including life rafts. Boats must be equipped with flares, survival kits, and personal flotation devices.
The condition of the boat plays a big part in ensuring the safety of maritime workers on board a vessel; the ocean can be cruel to an unseaworthy vessel.
In spite of the Act's provisions, many boat owners set off on fishing trips in a vessel that may not be equipped to deal with rough seas. Out in the middle of the sea, malfunctioning boat equipment, irresponsible crew members, and lack of safety devices can easily place a maritime worker at risk of serious injuries or death.
A fishing vessel crew member qualifies as a seaman. If negligence of a fishing boat owner causes any injuries to a seaman, he may be eligible for compensation under the Jones Act. A maritime worker may not be able to interpret Jones Act statutes and understand his rights due to its complexity. A Jones Act lawyer can help maritime workers understand their rights and answer questions about compensation.
Contact a Jones Act lawyer, at Arnold & Itkin LLP for a free evaluation of your case and to begin your journey to recovery.
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:
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.
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.
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.
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.
A cargo vessel that sailed from the Port of Houston and was attacked by Somali pirates, arrived at a Kenyan port with a U.S. Navy escort. Its 20-member maritime crew arrived safely and unharmed.
The ship, Liberty Sun, reached Mombassa last week. Last Wednesday, a gang of Somali pirates attacked the ship using rocket propelled grenades. The USS Bainbridge, which was carrying Captain Richard Phillips, the captain of the earlier hijacked Maersk Alabama, was called to help the crew of the Liberty Sun. However, by the time the Navy destroyer reached the area, the pilots had abandoned their plans. None of the crew members aboard the Liberty Sun were injured in the attacks, the vessel, however, sustained significant damage.
The bold attack that came so soon after the dramatic assault on the Maersk Alabama is proof that piracy in the waters off the Somali Coast is not just alive and kicking, but more aggressive than ever. Three of the pilots who attacked the Alabama were killed and the fourth was arrested. Enraged pirates have threatened to show no mercy to maritime crews in any vessel they attack from now on. Those words must be taken seriously. After all, since the three Somali pirates were killed, another armed gunmen managed to attack four other ships. To maritime attorneys, who work closely with injured workers, it is clear that this is not a minor law and order problem, but a grave maritime security issue.
President Barack Obama announced his intention to wipe out piracy, and maritime authorities issued warnings to ships to be alert to the dangers off the Somali coast. Maritime workers are not generally trained to deal with pirate attacks. It is obvious that security procedures on these vessels need to be enhanced, so workers and crew members are able to protect themselves if the vessel is intercepted by pirates. So far, there are very few answers to the piracy problem.
Maritime companies, meanwhile, are trying to find a balance that can keep their vessels and maritime workers safe, but their options are expensive. Some companies, including AP Roller Maersk, have begun to reroute part of their fleet to avoid these pirate infested waters. Other companies have not been so quick to follow suit. The detour is expensive and with a global economic crisis hitting the maritime transport industry, companies are not willing to rack up costs by rerouting vessels.
If you or a loved one has been injured in a maritime accident an experienced maritime attorney can help you recover the compensation you deserve. Contact a maritime injury attorney at Arnold & Itkin LLP to answer questions about your case.
A Jefferson County maritime worker has filed a lawsuit against a Texas-based stevedoring company due to injuries he received when objects from a crane fell and struck him in the head.
The worker, Sean Steiner, filed the lawsuit against Shipper Stevedoring Company in the Jefferson County District Court. Last year on October 3rd, Shippers Stevedoring asked Steiner, who was then employed with Turner Brothers Crane and Rigging, to be the vessel's side flagger during unloading activities. .jpg)
According to Steiner's maritime lawyers, during unloading another Shipper Stevedoring employee began operating the ship-mounted crane. The crane was carrying a fiberglass ladder, a water cooler, and rubber buoys, however, the load was not properly rigged. Also, the crane was not equipped with a swing alarm to warn nearby workers that a load was being moved. The load came loose and fell, hitting Steiner. He suffered serious and permanent injuries all over his body, incured medical expenses for treatment of his injuries, and was in severe physical pain.
The Jones Act complaint filed against Shipper Stevedoring says that the company’s employee failed to rig the load properly, and also mentions other failures including failure to control the load and failure to warn Steiner that the load was being moved. The Shipper Stevedoring employee was also negligent in trying to shift the load without a swing alarm.
Steiner is claiming damages for mental pain and anguish, physical impairment, and other claims. Crane operations are seen as risky activities because the dangers of a crane toppling over or running over workers nearby are always present. When loading and unloading activities are going on there are several precautions that must be followed to prevent accidents. Loads must be properly secured to prevent heavy objects from falling on workers nearby. For this, it is very important that workers be trained properly to conduct crane operations in a coordinated manner. Proper communication among the workers involved in the operation is crucial and maritime workers must be trained to warn other workers about any possible risks.
If you or a loved one has been injured in a maritime or crane accident a maritime injury attorney can help you recover physically, mentally, and financially. If you have any questions regarding your maritime accident contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.
April 14th was the last compliance day for a federal maritime worker identification program that requires biometric identification for access to secure port areas. Texas ports, including those at Houston, Galveston, Freeport, Port Arthur, and Texas City, had their official compliance day, along with every other port across the country.
At the Port of Houston, the Transportation Worker Identification Credential (TWIC) compliance went off without a hitch. Nearby, at Galveston Port, however, some workers were turned away because they had not yet been enrolled in the program. It is estimated that there are about 300,000 maritime workers in the Houston area and as of April 9th only 78,708 maritime workers had been enrolled. Of these, 57,709 cards have been activated.
The TWIC program was created due to the increased security threat to ports after 9/11. After the twin towers collapsed it became clear that our ports provided easy access to those who felt the need to harm Americans. The Department of Homeland Security established the program, which requires longshoremen, dock workers, vessel crew, truck drivers, and other maritime workers, who require access to ports, to produce an identification card. The program aims to introduce an additional wall of security to our ports, making them safer. Workers who have the identification card went through an intensive background verification check and are not seen as being a threat.
The number of maritime workers who have already enrolled in the program is over one million. The U.S. Coast Guard is in charge of enforcing compliance and has extended the compliance period to May 13th, 2009. This extension only applies to maritime workers who have applied for the cards and are waiting to receive them. These workers may be allowed unescorted access to secure port areas until May 13th if they can provide verifiable proof of their application.
Port officials in Texas have been working hard for months to remind workers about the compliance deadline. However, there are several workers who have yet to enroll in the program. Galveston Port officials say it has been especially difficult getting truckers to enroll in the program. If a trucker does not have his TWIC card, he can only access secure areas with an escort. This is bound to create delays and other problems. Providing escorts for maritime workers who do not have the card will also be expensive and time consuming.
Part of providing a safe working environment for maritime workers is ensuring their security. It is important that maritime companies participate in the program fully by getting their workers to apply for their TWIC card as quickly as possible.
If you have been injured in a maritime accident, a maritime attorney can help you receive the full benefits package that deserve.
The attorneys at Arnold & Itkin LLP have represented thousands of maritime workers and helped them receive their dues. Contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.
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. 
Maritime 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 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.
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.
Investigators 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 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.
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. 
The 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.
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.
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. 
The 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.
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.
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.
Coast 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 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.
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. 
The 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:
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 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.
After a maritime helicopter accident that resulted in the deaths of Canadian offshore workers, the Federal Aviation Administration (FAA) has moved to issue a safety directive, requiring gear box repairs of Sikorsky’s S-92 helicopters.
On March 12th a helicopter crashed off Newfoundland in Canada, killing 17 offshore workers. The crash has been linked to broken titanium studs that connected the gear box to the oil filter system. The FAA directive calls for emergency repairs of gearboxes on all U.S.-registered Sikorsky helicopters. According to the directive, the “unsafe condition” probably exists or is likely to develop on other Sikorsky helicopters. According to a representative of United Technologies Corp., whose Sikorsky unit manufactures the helicopters, the company has already replaced the defective stud in at least 59 of the 91 S-92 helicopters currently in operation.
After the Newfoundland helicopter crash, investigators began to look into whether the stud fractured before the crash or was smashed during the accident. A broken stud can lead to loss of oil pressure, potentially resulting in a gearbox problem and eventually loss of control of the chopper. Investigators have now determined that the titanium studs are indeed prone to fracture. The studs in the Newfoundland accident are believed to have fractured during the flight. In January, Sikorsky issued an alert asking helicopter operators to replace the titanium studs with steel ones.
Earlier this year, a Sikorsky S-76C helicopter carrying offshore workers crashed near Terrebonne Parish, Louisiana. The cause of that accident is still under investigation, but according to the National Transportation Safety Board, the crash could have been the result of a collision with a bird.
The Newfoundland crash, meanwhile, has caused several employees working in the offshore oil industry in Newfoundland and Labrador to consider quitting their jobs. The accident has caused many maritime workers there to rethink the nature of their jobs and weigh the perks with the risks. The Sikorsky S-92 that crashed off Newfoundland has a reputation for being a highly advanced aircraft with sophisticated safety systems. The realization that these supposedly, advanced craft have fractured studs ultimately, responsible for the deaths of 12 offshore workers, has unsettled many maritime workers.
Helicopter operators who ferry offshore workers to and from shore need to make sure their aircraft are free of defects and are safe to use. Accidents like these can be avoided with stringent safety evaluations and check ups. People in the maritime industry, which is dangerous by nature, should not have to worry about making it to work safely on top of worrying about work safety.
If you have been injured or have lost a loved one in an offshore helicopter accident, a maritime attorney can help you. Contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.
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. .jpg)
He 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:
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.
A new satellite-based GPS, already operational in parts of Florida, could lead to fewer helicopter accidents as oil rig workers are transported to and from platforms.
The ADS-B, or Automatic Dependent Surveillance-Broadcast system, is part of the Federal Aviation Administration's (FAA) $20 billion plan to revamp the country’s antiquated air traffic control system over the next decade. 
The system is expected to be in place within the next 5 years, but in parts of Florida, pilots are already using the satellite-based GPS data to obtain the same information air traffic controllers can see on their monitors. The GPS allows controllers to locate the position of an airplane far more accurately than they currently do with data from ground-based radars. With the new system, pilots and air traffic controllers will be able to access data generated by the second.
The ADS-B system will be especially beneficial in the Gulf of Mexico, where helicopter flights carrying oil rig workers currently operate without air traffic control monitoring. With an ADS-B system installed on a helicopter, the pilot will be able to observe the movement of other aircraft in the vicinity, thus reducing the risk of accidents. In addition to making offshore helicopter travel safer, the new system will also increase efficiency.
Helicopters have replaced watercraft as the primary means of ferrying oil rig workers to and from shore. Using these helicopters has lead to greater efficiency and reduced travel time, however, as offshore helicopter traffic in the Gulf of Mexico has increased, so has the number of accidents. Earlier this year, a Sikorsky helicopter carrying offshore rig workers crashed in Terrebonne Parish, Louisiana. The helicopter was carrying nine oil rig workers from Louisiana to a Shell oil platform in the Gulf of Mexico. In 2007, a Bell helicopter crashed south of Sabine Pass; five oil rig workers including the pilot were killed in that accident.
Offshore helicopter operators will benefit greatly from installing the new system on their fleet. They stand to gain from greater safety, increased efficiency, and fewer maritime accidents and injuries.
If you've been injured in a helicopter crash or other maritime accident, you may be able to recover compensation with he help of a maritime lawyer. Contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.
Pelican Island Bridge, which is used daily by thousands of maritime workers to get to and from their workplace in Galveston County, may not be repaired anytime soon. Just months after Galveston County Navigation District No. 1 requested $6 million from the Federal Emergency Management Agency (FEMA) to fund repairs, the agency says it may not be responsible.
The bridge, according to FEMA’s representative in Galveston, may fall under the jurisdiction of the Federal Highway Administration (FHA) and not FEMA. That means Galveston County Navigation District No. 1 will have to ask the FHA for the funds. According to federal rules, any activity must be funded only by the agency that is responsible for it. If the bridge does indeed come under FHA jurisdiction, the FHA would be responsible for funding the bridge repairs. FEMA is currently trying to whether the bridge falls under federal or state classification. Navigation district representatives believe they have a better chance of receiving the funds quickly if they work with the FHA. Dealing with FEMA has been a tedious process.
Pelican Island Bridge suffered extensive damage when Hurricane Ike swept through on September 13th last year. Temporary repairs had made the bridge barely usable for Texas A&M staff and faculty, as well as Galveston County maritime workers who constantly use the bridge. Speeds on the bridge post-hurricane dropped to 10 mph, but heavy rains in the middle of March washed out most of the temporary repairs. Motorists using the bridge have found it difficult to drive due to the gaping potholes that now run across the south end of the bridge.
District board members are frustrated at the delay of funds that would pay for permanent repairs to the road. .jpg)
Soon after Ike, the district used its own funds to make temporary repairs to the bridge; FEMA assured the district it would be reimbursed for money spent on repairs by mid March. That was before FEMA realized it may not be responsible for the funding after all.
As agencies and bureaucrats squabble over who is responsible for funding repairs of Pelican Island Bridge, thousands of maritime workers continue to use the barely-patched bridge. These workers are not only being put to great inconvenience, but are also at risk of injuries and accidents.
Maritime workers who've been injured in an accident at work, can recover damages with the help of a maritime lawyer. If you've been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.
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:
Since then, the maritime wildlife in the area has continued to suffer from the long term effects of the oil spill including:
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.
Across 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.
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.
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.
Fortunately, 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.
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.
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:
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.
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.
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.
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 lawyers Cory Itkin and Kurt Arnold recovered $850,000 on behalf of a League City, Texas seaman who slipped on hydraulic fluid. Arnold & Itkin LLP's client was the mate on an offshore jack-up rig. The rig's crane had been leaking hydraulic fluid for days, but his employer faild to fix the problem. As a result of the company's negligence, the injured worker needed back surgery and could not return to work offshore. The case was pending in Texas state court in Galveston County. (Disbursement pending.)
Thousands of Galveston County maritime workers, including shipyard and offshore workers are in danger of injury during their daily commute to work. Due to a shortage of funds, county authorities stopped work on a repair project on Pelican Island Bridge, which is used daily by the workers.
The bridge over the Galveston ship channel suffered extensive damage during Hurricane Ike. It is stable, but maritime workers, as well as Texas A&M University staff and students who use the bridge daily are forced to drive at 10 mph to cross. Before the Ike damage, the speed limit along the bridge was 35 mph. The bridge underwent emergency repairs soon after Ike and was back to normal operations less than a week after the water receded. 
Galveston County Navigation District No.1 paid Texas Gulf Company $1.5 million to repair the bridge, but in early February the project was shut down due to shortage of funds. A local contractor Lamson Nguyen has agreed to take up the task of filling potholes on the bridge free of cost. However, the fact is that the 50-year-old bridge is in need of permanent repairs. The district has no funds available to continue the work and has requested $6 million from the Federal Emergency Management Agency. In addition to the badly damaged bridge, the district needs an additional $3 million to repair a fender system, which protects Pelican Island Bridge from passing boats. If federal funds are not forthcoming, the district has indicated that tax rates may have to be increased in order to fund repairs.
As in many other states across the country, essential infrastructure projects are being slashed due to shortage of funds. The economic recession has led to budget deficits nationwide, and it's having a telling effect on citizen safety. Everyday, Pelican Island Bridge is used by maritime workers, including shipyard and offshore workers to commute to work. Although authorities have confirmed the bridge is passable and should not pose a risk to workers, repairs must be conducted soon so workers are safe and put to as little inconvenience as possible.
People injured in maritime workplace accidents are eligible for benefits under maritime laws, including the Jones Act and the Longshore & Harbor Worker's Compensation Act. A maritime attorney can help you determine the laws under which you are eligible for compensation and file claims under these laws.
If you have been injured in a maritime accident, contact a maritime accident attorney at Arnold & Itkin LLP for a free consultation.
Maritime employees who work at the Port of Beaumont and the Port of Orange can look forward to better infrastructure and, in turn, to improved efficiency and safety as a result of substantial government funding for the ports released February 18.
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The ports will receive $4 million each from the U.S. Economic Development Administration, as part of federal economic recovery efforts. The Port of Beaumont has released a statement confirming that it will use its share of funds for rail improvements on its Orange County property. The Port of Orange will invest the money in the development of cargo transportation infrastructure at its Sabine River property. These investments are expected to increase efficiency at both ports. For instance, with new infrastructure, cargo can be transferred directly from the Port of Orange to the Port of Houston. Currently, cargo from the Port of Orange has to go through Port Arthur or Port of Beaumont. .gif)
New infrastructure will also add to the efficiency of cargo shipping operations from the industrial plants on Chemical Row. Port of Beaumont's investment of the federal funds is expected to create hundreds of jobs, in addition to increasing the capabilities of the port by at least 50%. The Orange County property will include deep access capabilities, as well as development of a new dock. The port will not depend solely on federal funds to finance these ambitious new infrastructure projects. According to Chris Fisher, Port of Beaumont's executive director, the total funding from the Economic Development Administration is $134 million and has been distributed to other Texas ports, as well as ports in Louisiana, Oklahoma, Arkansas and New Mexico.
Anytime a port invests in infrastructure and other development projects thousands of maritime workers, longshoreman and port workers benefit. Updated infrastructure means enhanced safety for maritime workers and a markedly reduced risk of injuries and accidents.
The maritime attorneys at Arnold & Itkin LLP have helped hundreds of injured maritime workers recover compensation for injuries sustained on the job.
If you have been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your case.
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. 
When 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.
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.
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.
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.
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. 
According 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.
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.
The National Transportation Safety Board (NTSB) issued recommendations to the Federal Aviation Administration (FAA) requiring offshore helicopters in the Gulf of Mexico to reevaluate their communication procedures in order to avoid accidents during high traffic periods, such as after a hurricane or other disaster. The recommendations came after a probe into a helicopter crash near Texas in 2005.
On September 6th, 2005, a Sikorsky S-76 helicopter with 8 Rowan Companies oil rig workers on board crashed into the Gulf of Mexico approximately 24 miles southeast of Sabine Pass, Texas. The helicopter had just taken off from a jack rig owned by Rowan Companies, and was on its way to the company's facility in Sabine Pass. There were 2 other passengers on board, as well as a two-member crew. They were all able to safely make their way out of the helicopter before it submerged. Both pilots and 3 of the passengers suffered serious injuries in the accident, while the rest of the passengers suffered minor injuries. Fortunately, all occupants were wearing personal flotation devices, these helped them stay afloat in the waters 
for close to 7.5 hours before help arrived. The investigation found that the accident was caused because of the pilots' slow response when the first engine failed. The board concluded that the slow response was probably due to high stress levels because of the timing of the crash - one week after hurricane Katrina made landfall. The chaotic conditions soon after Katrina hit caused delays in the communication network at Houston Helicopters Inc, the company that operated the helicopter. According to the Board's report, there were several violations at Houston Helicopters Inc. which contributed to the delayed rescue efforts. Post Katrina, other offshore helicopter operators serving drilling companies in the Gulf of Mexico made alternative arrangements, so they could continue supporting helicopter flights. Houston Helicopters Inc., however, failed to make any substitute arrangements. Instead, management at the company recommended that pilots use their own cell phones to transmit important flight information to the control center. The board also found that although Houston Helicopters Inc. had a record of 8 accidents, 3 incidents and at least 18 FAA surveillance violations, there were no follow ups made to check if the company was in compliance with rules regarding alternate methods of flight following procedures.
The offshore helicopter crash near Texas could have ended in tragedy and the passengers and crew members were lucky to be able to survive with only injuries. They were, however, forced to undergo the trauma of waiting for several hours in the cold waters of the Gulf because of Houston Helicopter Inc's negligence.
Offshore rig workers are exposed to several risks when they use helicopters to travel from platform to shore as part of their maritime duties. Injuries that occur during such air travel can make a worker eligible for compensation under maritime law. An expert maritime attorney can help workers determine their options for compensation.
If you have been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.
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.
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.
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.
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.
A tugboat - oil tanker accident that occurred early in July 2008 in Louisiana's New Orleans Harbor can be blamed on the captain's rocky love life. There were no injuries in the maritime accident involving the tugboat Mel Oliver, but it did cause a massive oil spill in the Mississippi River.
The accident occurred on July 23rd when the tugboat being piloted by John Bavaret III turned abruptly in the path of the oil tanker, Tintomara. The tanker collided with the fuel oil-containing barge being towed by the Mel Oliver. The accident resulted in the barge being split in two, and more than 280,000 gallons of fuel oil spilling into the waters of the Mississippi River. The spill took days to clean, and the busy river channel was shut down for at least six days while crews worked on containing the oil spill.
As investigations now show, Bavaret who was piloting at the time of the tugboat accident was the apprentice mate of Terry Carver, the captain of the tugboat. Apparently, Carver testified that on the 20th of July, he had received a telephone call from his nephew telling him that he had seen Carver's girlfriend with another man. That was all it took for the lovesick captain to abandon his plans for piloting the tugboat, and rush after his lady. He left the piloting duties to his apprentice mate. Bavaret did not have a master's license, and was ill equipped to pilot the boat. The accident had disastrous environmental effects, although it did not cause any serious injuries. Carver kept in contact with the tugboat on cell phone, with a deckhand giving him information about the accident when it occurred.
The Mel Oliver-Tintamora accident resulted in an expensive clean up of the Mississippi River and massive business losses, as the channel was shut down to allow clean up operations. It was extremely fortunate that none of the crew members aboard the tugboat or the oil tanker were injured in the accident. Serious injuries were a very real possibility in this maritime accident. As is now obvious, nobody aboard the tugboat had a master's license to operate the boat. Maritime law requires that only a crew member with a master's license pilot a tugboat.
The Jones Act offers seamen a number of rights that protect them in the event of injuries caused by maritime accidents. Under the Act, a seaman is eligible for compensation from his employer, not only when an accident is caused by the employer's failure to provide safe working conditions, but also when the negligence of a crew member causes the accident. The Mel Oliver story isn’t yet complete, and it's not certain who approved and allowed the tugboat to be piloted by an unlicensed apprentice mate, but one thing we know for sure – there was negligence toward the safety of the Mel Oliver and its crew.
When a maritime accident is caused by the negligence of fellow crew members, a Jones Act seaman may seek the help of a maritime lawyer to obtain compensation for his injuries.
If you have been injured in a maritime accident, contact the experienced Jones Act maritime lawyers at Arnold & Itkin LLP for a free consultation. We can answer your questions and help you understand your options for seeking compensation for your injury.
The Houston ship channel was closed for a couple of days over the Christmas season as a precautionary measure to prevent the possibility of maritime accidents after fog reduced visibility to a minimum at the mouth of Galveston Bay. The Port was closed at 10 am on the 25th of December.
Heavy fog can impair visibility making it difficult for pilots who are required to guide deep water vessels through a waterway. In case of lowered visibility due to fog, maritime safety regulations call for a crew to wait out the fog before setting out in the deep waters. In case of a fog situation where the port remains open, the ship's pilot, master or the company that owns and operates the vessel may make decisions about whether to proceed under these adverse conditions.
Maritime accidents can easily occur when a vessel is caught in extremely poor visibility. In March of this year, the Costa Busan set off from the Port of Oakland in foggy weather, and sideswiped the Bay Bridge. The result was a spill of thousands of gallons of oil into the Bay. Later, it was found that the ship had sailed on even when crew of other ships had decided to wait out the heavy fog before proceeding. Fortunately, the Costa Busan accident did not cause serious injuries to crew members although it wreaked havoc on the delicate ecosystem of the Bay waters.
The Jones Act provides several rights for seamen who may be injured in the course of duty because of negligence of their employer or another worker. Benefits under the Act can include reimbursement of lost wages, as well as medical expenses. Many seamen know that they have rights to sue their employer for his negligence, but fewer may be aware that under the Act, a Jones Act seaman has the right to sue his employer if the actions of other members of the crew were responsible for his injuries. A decision to proceed with navigation in the midst of a heavy visibility-reducing fog, if it ends in an accident and injuries, amounts to professional negligence on the part of the pilot, master or whoever was responsible for the decision.
Litigation in a maritime accident involving negligence by another employee requires expertise in Jones Act Rights, including those that protect against negligence of fellow workers. If you've been injured in a maritime accident, you need the skills of a maritime lawyer who has expertise and experience in these matters.
Contact a Jones Act maritime lawyer at Arnold & Itkin LLP for a free evaluation of your case. We can answer your questions, and help you understand your options.
In New Orleans, Louisiana, the Times-Picayune reported that an accident claimed the life of a deckhand aboard a barge that was headed for the Intracoastal Waterway. 26-year-old Christopher Oncale of Prarieville, Louisiana was killed when he was struck in the head by a fitting the barge had been tied to. The crew tied the barge to a fitting of the Algiers Lock to keep the barge from moving in the canal. The fitting broke and flew threw the air striking the deckhand in the head.
The accident underscores the hazardous nature of maritime work where even routine operations can hold substantial risk for crew. The negligent acts of other crew members or the failure of employers to provide safe working conditions can lead to accidents with catastrophic consequences. The Jones Act and other maritime laws protect workers from these risks and provide remedies for workers who are injured as a result of them. If you or anyone you know has been seriously injured in a maritime accident, or if you have questions about the Jones Act and other maritime laws, contact the Houston Jones Act & maritime lawyers at Arnold & Itkin LLP.
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