Cargo Ship Returns to Port After Pirate Attack; All Maritime Workers Safe

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. 

Maritime Injury AttorneysThe 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.

Last Day for Maritime Security Card Compliance for Texas Ports

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.

Maritime LawyerThe 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.

Maritime Accident Aboard Oil Rig Kills Louisiana Worker

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

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

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

Maritime Workers Have Rights

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

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

Maritime Authorities Warn Crews & Workers about Risks of Pirate Attacks

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

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

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

Maritime Pirate Attacks

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

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

Galveston Port Secures $28.1 Million Loan for Maritime Improvement Projects

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

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

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

Maritime Laws

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

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

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

A maritime worker who sustained serious injuries as a result of a fall into a 4-foot opening on an oil rig filed a maritime lawsuit against Diamond Offshore Drilling in Jefferson County District court. The worker, Jesus Perez, was working on a submersible oil rig called Ocean Washington in March 2007 when the accident occurred.

The suit alleges that Diamond Offshore Drilling was responsible for the fall because of defective grading that resulted in the formation of the opening. At the time of the accident, the platform had been docked at a shipyard in Sabine and was undergoing repairs. Perez was involved in performing repair work when he fell into the opening. He was an employee of Prime Electrical Services which was hired by Diamond Offshore Drilling for the repair work. The fall left Perez with arm, shoulder, hand, and neck injuries. The accident resulted in extensive medical expenses as well as long term physical impairment. Perez also claimed:

  • lost wages
  • loss of future earning capacity
  • mental anguish
  • pain and suffering

He is seeking damages in addition to interest and other costs he sustains.

Oil Rig Accident AttorneyIt appears that the drilling company was negligent in providing a safe working environment for Jesus Perez. The opening of the platform that Perez fell into, according to the lawsuit, was the result of misplaced grading; the drilling company was responsible for making sure that such potential hazards were absent from the platform.

In the accident, Perez was not technically a seaman, but he is still eligible to receive compensatory benefits under the Longshore and Harbor Workers' Compensation Act. This act covers all people working on a vessel and engaged in repairs, unloading, and loading of cargo and other maritime activities. Workers covered under this act may be eligible to receive a benefits package that includes medical expenses, disability payments, and the costs of rehabilitation after an injury.

Maritime Accidents

Injured workers may not always be aware of their rights under maritime law, which is why it is important to seek the counsel of a maritime attorney before accepting the benefits package offered by a company. A maritime attorney can advise you on the kind of benefits you are eligible for, ensuring that you receive the full compensation you deserve.

If you've been injured in a maritime accident, contact the maritime attorneys at Arnold & Itkin LLP to answer any questions you may have about compensation.

Damaged Galveston County Bridge puts Shipyard and Offshore Workers at Risk

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. Maritime AttorneyGalveston 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.

Maritime Injury Attorneys

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 Worker Killed in Florida Port Accident

A longshore worker was killed on the job while transporting cargo in Jacksonville, Florida. Investigations into the accident are being conducted by both Jacksonville police and the Occupational Safety and Health Administration (OSHA).

According to a representative of the Jacksonville Port Authority, 51-year-old Gregory Daise, an employee of Coastal Maritime Stevedoring, was killed during vessel cargo operations on February 19th. The events leading up to and causes of his death are being investigated by Jacksonville police and OSHA. There is currently no additional information available on the details of the accident. Maritime Accident AttorneyCoastal Maritime Stevedoring LLC is a stevedoring company based in Jacksonville, Florida; the company provides loading and unloading services for various kinds of cargo, in addition to warehouse and marine terminal management. The company is capable of handling over sized and unusual cargo, including: military cargo, water crafts, locomotives, cranes and construction machinery. Daise was apparently involved in transporting cargo for Coastal Maritime at the time of the accident.

Maritime workers who perform essential activities related to the industry such as loading and unloading of cargo and repairs of equipment and machinery on any kind of maritime vessel, including platforms, rigs and ships are covered under a maritime law called the Longshore and Harbor Worker's Compensation Act. These employees are not technically Jones Act seaman because their work does not involve being stationed on navigable waters for long periods of time and they do not fulfill the criteria mentioned in the Jones Act. Often, longshore workers perform loading and unloading operations in the port and injuries received during such activities qualify for compensation under LHWCA laws. Longshore benefits cover injured workers as well as deaths. In case of death workers' dependents are eligible for benefits under the LHWCA.

Maritime Accident

Our team of Florida maritime attorneys at Arnold & Itkin LLP have represented hundreds of longshore workers who have been injured on the job. We have helped many recover physically, emotionally and financially from devastating accident.

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

Cosco Busan Maritime Accident Blamed on Pilot Incompetence

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

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

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

Maritime Injury Attorneys

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

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

NTSB Files Recommendations after Texas Offshore Helicopter Accident

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 Maritime Injury Attorneyfor 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. 

Maritime Accident Claims

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.

Texas Ports Association Honors Senator Hutchison for Contribution to Maritime Safety

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

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

Maritime Accidents

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

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

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

Fishing Boat Catches Fire off Galveston Texas Coast, No Injuries Reported

A fishing boat carrying three crew members had to be rescued about 10 miles off the coast of Galveston, Texas after a fire broke out on board, the Houston Chronicle reports.   Fortunately, no maritime injuries were reported as a result of the accident.

The Coast Guard was alerted to the accident when the Houston-Galveston Center received an emergency aid call from another boat about a fire that had broken out aboard the shrimp boat, Master Ryan. A rescue helicopter, a motor life boat and a Coast Guard Cutter were dispatched to the scene of the fire. The helicopter delivered a life raft to the three crew members who then climbed aboard the raft. They were then picked up by another vessel and taken ashore. All crew members were reported to be in good physical condition. The blaze was put out a few hours later. There is no information yet on the cause of the fire.

It's extremely fortunate that the three crew members were able to get the emergency assistance they needed before the accident involved injuries aboard the boat. Any fire aboard a vessel is a serious and dangerous situation. There could have been severe burn injuries as a result of the fire breaking out. For this reason, strict safety precautions must be observed aboard all maritime vessels to mitigate the risk of fire, and all shipboard personnel must be properly trained in fire safety policies and procedures.  Only time and a thorough investigation will tell whether a lack of safety policies, procedures, or training may have contributed to the fire aboard the Master Ryan

Fishing Boats and Maritime Law

A fishing boat may be classified as a Jones Act vessel, and as such, workers who are injured in an accident aboard the vessel may qualify for compensation under the Jones Act. The Jones Act defines a seaman as an employee who is working on a vessel in navigable waters, and who is involved in fulfilling the function of the vessel. He must also have a strong enough connection to the boat, meaning that his work must be tangible, and substantial long term work. Under the Jones Act, in addition to medical treatment for his injuries, he may be entitled to maintenance benefits to cover his daily living expenses, including food, house rent and utilities. Unfortunately, fishing boat crew may be confused or unaware of their seaman status under the Jones Act, and may be unaware of the special rights they have under the Act.

Maritime Injury Lawsuits

In the event that an employer provides insufficient benefits to a Jones Act seaman, then the seaman has the right to hire a maritime injury lawyer to bring a claim against the employer. In such cases, the employee may also claim lawyer's fees as part of his claim against his employer.

If you are a seaman and have been injured in an explosion, fire or any other maritime accident, you will need the experience of a Jones Act maritime lawyer to build your case to claim the full compensation you deserve. Contact the maritime lawyers at Arnold & Itkin LLP for a free evaluation of your case.

 

 

 

 

Freeport, Texas Oil Rig Dismantled After Injury and Pollution Concerns

The last remnants of a dilapidated and unseaworthy vessel, the jack-up oil rig Zeus, that had been left standing in the Freeport channel south of Houston, Texas, have finally been removed, putting an end to two years of concerns over maritime pollution and the potential for injuries that could occur as a result of the toppling of the giant structure.

Zeus Jack-up Drilling Rig - Freeport, Texas

Early in November, Kevin Hoot Construction Co. the company that won the bid to remove the structure completed the final stages of the removal, pulling out the last of the rig's one million pound feet from the sea bed. The feet of the rig are already on their way to junkyards across the state, where they will be cut up to be sold as scrap. A decision on where the rig, a Freeport landmark will finally be laid to rest is yet to be taken. The Zeus Mobile Offshore Drilling Unit (MODU) had been left standing in the channel, for over 17 years. In 2004, the platform was sold to Sanship Inc. for a sum of$1. For years before that, the 190-feet-tall rig has acted as a beacon for fisherman and jetties, and has been a much-loved part of the Freeport skyline.  Its tearing down has been an emotional experience for most residents. 

The platform would have been left standing for much longer, if it hadn't been for the fact that port officials noticed it was leaking pollutants into the water about two years ago. Soon after, the US Coast guard expressed its apprehension that a tornado or hurricane could cause the structure to collapse, blocking off the mouth of the channel. The owner Emilio Sanchez, was ordered to get the structure dismantled, and when he refused, the Texas Land Office was entrusted with the task of tearing down the platform.

The project was extremely hazardous in nature, and required at least two weeks of preliminary ground work just to make it safe enough for the maritime workers to get up on the rig. Zeus' massive bulk, coupled with its heavily rusted framework made workers extremely susceptible to maritime injuries, but the project was executed successfully. Most of the structure was torn down in time to avoid a possible collapse under the onslaught of Hurricane Ike, which tore through the Texas coastline just a couple of months later. The feet of the rig were the last to go, dug out and dismantled in November.

The giant rig will be missed by Freeport residents, especially its fishing community, but there's no doubt that a major environmental and maritime injury hazard has been eliminated now that the Zeus has finally been laid to rest.

Unseaworthy vessels threaten safety of maritime workers

Unseaworthy vessels like the Zeus jack-up drilling rig can be a serious hazard to maritime workers who operate, maintain, or in the case of the Zeus, demolish them. When the Zeus was operational, maritime workers having a permanent connection to its operation and maintenance would have qualified as Jones Act seamen and been protected under the Jones Act statute. But because the rig is no longer operational, workers in charge of dismantling it would not likely qualify for protection under the Jones Act. They would however likely qualify for benefits under the Longshore and Harbor Workers' Compensation Act.  The LHWCA provides workers' compensation benefits for maritime workers who are not seamen such as the construction workers involved in the demolition of the Zeus.

Questions about Jones Act Seaman status

Seaman status under the Jones Act is a complex and highly debated topic. Fortunately the Jones Act isn't the only statute that provides protection and benefits for injured maritime workers and their families. If you have been injured in a maritime accident offshore or inshore, a maritime lawyer can help you understand what options you may have under the available statutes for claiming compensation. Contact a maritime lawyer at Arnold & Itkin LLP for a free initial consultation.

 

Louisiana welder injured in fall on vessel in North Sea

Houston, Texas maritime attorneys at Arnold & Itkin LLP are representing a welder from Louisiana in a lawsuit filed in Harris County Texas against Allseas USA, Inc.

The offshore worker was injured on August 15, 2007 while working as a welder on the vessel LORELAY.  The vessel was operating in the North Sea and was supposed to remain relatively stationary so the welder could do his work safely.  However, the vessel’s thrusters were not working properly so it was getting tossed around in rough seas.  This caused the welder to fall and sustain injuries to his back.