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

(1) Latest photograph showing growing oil spill approaching Mississippi Delta and Louisiana Coastline: http://earthobservatory.nasa.gov/IOTD/view.php?id=43846 (4/29)

(2) CBS: Oil Spill Could Equal Damage from Exxon Valdez
Environmental experts say the damage caused by the oil spill unfolding in the Gulf of Mexico may equal or even eclipse the 1989 Exxon Valdez spill off the southern coast of Alaska, the worst oil spill in U.S. history and one of the worst environmental disasters in decades.

Federal officials said Thursday that oil is gushing into the Gulf of Mexico five times faster than previously thought, after a deep-water rig exploded and sank there -- and the massive slick is expected hit ecologically fragile shores at any time.

http://www.cbsnews.com/stories/2010/04/29/national/main6445490.shtml

(3) BP To Try Novel Approach
Starting later tonight (4.29.2010), BP will attempt to use a series of chemicals that are intended to break up the oil underwater. While never tried at these depths before, the research suggests that this might be a helpful strategy as crews work to stave off an environmental catastrophe.

http://houston.bizjournals.com/houston/stories/2010/04/26/daily48.html

(4) Efforts to Cap and Contain Gulf Coast Oil Spill Welcomed But Maritime Worker Safety Also Important
Workers trying to seal a blown-out oil well spewing thousands of gallons of crude into the Gulf of Mexico face serious risk of injury because of the challenging work environment and complexity of the task, Houston maritime attorney Kurt Arnold said.

“Oil rig workers have proven time and again that they can accomplish amazing things,” Arnold said. “But these are complex operations and there are no dress rehearsals for capping a well nearly a mile underwater. As the companies work to clean up oil from the leaks, it’s imperative that they observe proper safety precautions to avoid putting workers in harm’s way and magnifying the injuries and deaths from the original explosion of the Deepwater Horizon.”

http://www.prweb.com/releases/2010/04/prweb3940554.htm

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In Alaska, October means the start of the crabbing season. Consumers often take for granted the process gone through to place the delicacy on plates across the country, but the harsh conditions that affect the Bering Sea can present fishermen with an array of hazards not faced by those who work on boats in warmer waters. In an effort to reduce accidents, and possible subsequent legal claims, the Coast Guard has teamed up with personnel from the Alaska Department of Fish and Game to observe and inspect crabbing vessels and to offer additional safety training.

The Coast Guard has been deployed in the Aleutian Island chain off the southwest tip of the state and the Bering Sea in order to improve response time in the event of emergencies.

One aspect of the crab fishermen’s job that makes their profession particularly perilous is the location, as early-October temperatures through parts of the Aleutian Island chain have already dipped into the 40s (Fahrenheit), meaning seamen who fall overboard face the additional risk of hypothermia. Because of the frigid and rough seas, accidents are often more serious than those in warmer waters, increasing the risk of serious injury and death.

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The Marine Accident investigation Branch (MAIB) is warning that too many merchant ships are sailing off Britain's coast with an insufficient amount of crew members, increasing the risk of maritime accidents. 

The Chief Inspector of Marine Accidents has highlighted the dangers of understaffing vessels in his introduction to the annual MAIB report, released yesterday. According to chief inspector Stephen Meyer, several vessels sail around the UK without crews sufficient to operate safely. Many ships neglect to have dedicated bridge lookout personnel, this often results in devastating accidents. in January 2008, a cargo ship ran aground in Northern Ireland. It turned out that the lookout officer had been asleep for at least three hours before the vessel ran aground. 

According to the report, five merchant crewmen fatalities occurred last year, compared to twelve in 2007. Eight fishermen died in 2008, which was the same number as 2007. The report warns of complacency as a risk factor in maritime accidents. When crew members get familiar with their jobs, it leads to a sense of complacency, increasing the possibility of errors.

Adequate Amount of Seamen

Employers are required to have a sufficient amount of crew members on their vessel to enable safe operations. A shortage of staff could mean that seamen end up having to perform duties they are not trained for. Crew members may end up working excessively long hours because of staffing shortages, increasing their risk of injury. 

In addition to maintaining an adequate number of crew members aboard the ship, employers are also required to make sure all workers are properly trained to perform their duties. When a seaman sustains injuries because of negligence or incompetence of a fellow worker, the employer can be liable for their injuries.  

The maritime lawyers at Arnold & Itkin LLP represent victims injured in accidents involving cargo ships, cruise liners, towboats, commercial fishing vessels, offshore drilling platforms, and other Jones Act vessels.

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

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

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

Symptoms can include:

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

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

Jones Act Provides for Benefits for Occupational Diseases

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

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

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

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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 Safety

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.

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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. 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.

Maritime Accident Safety

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.

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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.

Maritime Safety

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.

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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.

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.

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