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

Attorneys Kurt Arnold, Jason Itkin, and Mike Pierce resolved a Jones Act Seaman injury case for $14 million just two days before going to trial. Arnold & Itkin LLP lawyers represented the seaman after he suffered a head injury on the Hercules 15 inland barge. The Hercules 15 was located in Lake Washington, Louisiana at the time of the incident. The seaman's injury occurred when Hercules employees tack welded a three foot pipe to the derrick and then forgot to remove it before starting drilling operations. The heavy pipe was jarred loose and hit the plaintiff in the head.

The case was filed in Galveston County Court in March 2008. The case was set for trial February 2, 2009. Hercules settled the entire case for $14 million on the eve of trial.

• Email This
• Print
• Comments
• Trackbacks

A seaman in Galveston, Texas filed a maritime injury lawsuit against a marine company for injuries he sustained while working aboard a ship. The lawsuit alleges, among other things, that the company failed to adhere to maritime laws applying to the rights of seamen.

Morgan Whittington was working on board the Miss Sally when a collision with other barges knocked him into a wall. The impact of the collision caused an ice box to fall on top of him, leaving him with back, neck, hand and leg injuries. The lawsuit claims that as a result of the accident, Whittington, in addition to foregoing any earning capacity he had in the days since the accident, has lost the capacity to work in the future. The lawsuit, filed in the Galveston County District Court, blames Breathwit Marine Contractors Ltd. for failing to secure the box. Whittington claims that the company has failed to pay his medical bills and also accuses the company of violating maritime laws.

Seaman Rights

The rights of a seaman in the event of an accident are additional to the rights entitled to them under the Jones Act. When an accident occurs while the seaman is engaged in duty aboard a vessel, medical expenses including: hospitalization, medication, access to medical equipment and a doctor are the responsibility of the employer. This responsibility is unconditional. The seaman is also entitled to benefits from the employer related to meeting daily living expenses such as: food and grocery bills, utility bills etc. These benefits, along with the medical benefits seamen are entitled to, are collectively referred to as maintenance and cure benefits. These, however, automatically end when a seaman is declared to have reached Maximum Medical Improvement or MMI. Maximum Medical Improvement refers to a stage in which a person is deemed to have reached a healing plateau where no additional amount of medication or treatment can improve the existing condition.   In Whittington's case, winning the benefits that he is entitled to will involve proving that he has not reached MMI and that the employer's responsibility to pay his medical bills as well as maintenance of his day-to-day living expenses, still applies.

Many times, employers refuse to pay out rightful benefits, delay payments, or pay out fewer benefits than the worker is entitled to. Negotiating these benefits can be difficult when a worker lacks knowledge not only of his own rights, but also knowledge of the employer's responsibilities. That is where an experienced maritime attorney comes in – to make sure that a seaman receives the compensation to which he is entitled.

The maritime accident lawyers at Arnold & Itkin LLP are dedicated to providing Texas seamen with expert representation that results in a fair settlement. If you or a loved one has been injured in an accident at sea, contact a maritime injury lawyer at Arnold & Itkin LLP for a free consultation.

• Email This
• Print
• Comments
• Trackbacks

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 23^rd 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 20^th 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. 

Tugboat Accidents

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.

 

• Email This
• Print
• Comments
• Trackbacks

Texas maritime lawyers Kurt Arnold & Mike Pierce filed a Jones Act case on behalf of a 25 year old injured seaman who was working for Noble Corporation.  The seaman was in the Bay of Campeche on an offshore drilling rig when his hand was crushed due to Noble negligence.  He lost three fingers and sustained injuries to the rest of his hand.  Arnold & Itkin LLP agreed to represent the seaman and filed the case in Cameron County, Texas requesting a trial by jury.

• Email This
• Print
• Comments
• Trackbacks

Arnold & Itkin LLP filed a Jones Act lawsuit today on behalf of an injured worker who suffered crippling injuries as a result of a ship owner’s failure to maintain a seaworthy vessel.  As a result, this hard working man has had a complex back injury.  He may need back surgery and months of therapy just to get his life back on track.  This Jones Act seaman may never be able to work again.  Arnold & Itkin LLP is proud that we will be able to help this man fight to recover his benefits, lost wages, medical expenses, and money for his pain and suffering.

• Email This
• Print
• Comments
• Trackbacks

Texas seaman Ricci Anderson filed suit against Harvey Gulf International Marine and Diamond Offshore Drilling on July 14 in Jefferson County District Court.  Anderson was employed as a pilot with Sabine Pilots of Groves. 

On Oct. 21, 2007, Harvey Gulf was towing a semi-submersible drilling rig owned by Diamond Offshore. Anderson was called out to transfer onto the tugboat, the Harvey Thunder, to tow the drilling rig into the jetties.

"While in the process of transferring from the pilot boat onto the Harvey Thunder … the tugboat yawed and rocked causing plaintiff's arms to be jerked violently," the suit says. "Plaintiff was forced to grab onto handrails overhead - in the absence of a ladder, guide bar/guide rails and/or safety rod - to avoid falling between the vessels. As a result, plaintiff sustained severe injuries."

• Email This
• Print
• Comments
• Trackbacks

In Texas, a seaman has filed a Jones Act lawsuit against Kirby Inland Marine for injuries he received more than two years ago while working aboard the vessel Creole Dee. The lawsuit alleged that "defendant was negligent and the vessel was unseaworthy."  According to the lawsuit, John R. McGee sustained severe and painful injuries to his left shoulder and other parts of his body

• Email This
• Print
• Comments
• Trackbacks

The Jones Act is a US federal law that protects seamen who are injured by the negligence of their employer or a crew member while working in service to a vessel.  For seamen who have questions about the Jones Act, answers can be found in the Jones Act information resources provided by the Houston, Texas maritime law firm of

Arnold & Itkin LLP

The website addresses questions about benefits provided under the law, who qualifies as a Jones Act seaman, and what vessels qualify as Jones Act vessels.

If you have questions about the Jones Act or other areas of maritime law, contact a Jones Act lawyer at Arnold & Itkin LLP.

• Email This
• Print
• Comments
• Trackbacks

The maritime law firm of Arnold & Itkin LLP has filed suit in Harris County, Texas against Martin Midstream on behalf of a seaman.  The seaman was a long time employee of Martin Midstream.  He was working in Belize aboard the MARTIN ENDEAVOR when he was injured due to crew negligence and unseaworthiness of the vessel.  His wrist in his dominant hand was shattered and he was unable to return to work offshore.  Lawyers Kurt Arnold and Jeff Seely represent the plaintiff in the Texas state action.

• Email This
• Print
• Comments
• Trackbacks

The Galveston County Daily News reported that crews were working to contain an oil spill that occurred about 140 miles southeast of Galveston, Texas.  The oil spill occurred when an offshore supply ship collided with the rig it was servicing.  The collision with the rig caused two gashes in the ship's hull. No seaman or workers on the rig were injured in the accident.

• Email This
• Print
• Comments
• Trackbacks

Jones Act lawyers at Arnold & Itkin LLP represent an injured Jones Act seaman against Central Boats Rental.  The seaman was injured on the MR SID a day after being hired. Central Boats Rental did not train the seaman and he was injured during a winching operation.  He nearly lost his foot and required multiple surgeries to treat his injury.  The seaman's case was filed in Galveston County State Court in Texas within one day of retaining Arnold & Itkin LLP.

 

 

• Email This
• Print
• Comments
• Trackbacks