Attorney Blog

Great Lakes seafarer electrocuted, second nearly killed

Sat, 06 Mar 2010 08:00:00 EST

The Coast Guard has issued a safety alert following the electrocution of a crewmember aboard a Great Lakes vessel, and the near death of a second crewmember who went to assist.

In the March 3 alert, the circumstances surrounding the senseless tragedy were recounted. Neither the names of the victims, vessel nor the date of the event were disclosed. However, enough information is given to reveal that shoddy electrical repairs were responsible for the death of one crewmember and the severe injury of a second.

The circumstances were as follows: While working in a dark and narrow tunnel below the cargo holds of the bulk carrier, a young mariner was shocked to death when his head brushed against a broken light fixture which was missing a bulb, globe and guard. Even worse, a repair had previously been made by using electrical tape to cover open wires and the connection box was not grounded because tie wraps were used instead of metal fasteners.

When a second crewmember came to the victim’s aid, his head also touched the same fixture, resulting in serious injuries.

The safety alert recommends that companies implement programs encouraging reporting of unsafe conditions without the threat of retaliation against employees for reporting such conditions.

Source: Professional Mariner

Just why did a tug capsize while moored in a Norfolk yard?

Sat, 06 Mar 2010 08:00:00 EST

Nearly one week after it happened, there are still no reports as to what caused a tug to capsize—while moored—at a Norfolk, VA yard.

The National Response Center reported the event at the 6M Dominion Terminal Yard to Coast Guard Sector Hampton Roads at 5:54 a.m. Monday, March 8. Almost 1,000 gallons of fuel spilled from the tug Susan Ann, which capsized at the facility near the Campostella Bridge.

The Norfolk Fire Department used absorbent pads to control the spill before Coast Guard and Accurate Marine Environmental personnel arrived. The tug owner was making efforts to recover approximately 700 gallons of fuel.

The Coast Guard continues to investigate what caused the tug to capsize.

Source: U.S. Coast Guard

Barge strikes Mississippi River bridge

Sat, 06 Mar 2010 08:00:00 EST

Investigators says a combination of wind and human error cause a tug-barge unit to smash into a support piling of the Sunshine Bridge in Louisiana Thursday morning.

The accident occurred at 3:22 a.m. on the Mississippi River in an area between New Orleans and Baton Rouge. No injuries were reported and the incident did not stop traffic. According to the director of Ascension Parish Office of Homeland Security, there was no damage to the piling.

Though the barge carried a load of fuel oil, the Coast Guard reported no pollution.

Source: The Advocate.com

Seafarer or Non-Seafarer - Article by Brian Beckcom

Fri, 05 Mar 2010 08:00:00 EST

The issue of who gets protection under the Jones Act and who doesn't continues to be about as clear as mud.

For instance, read this short article on my dedicated maritime law blog about self-employed fishermen and seafarer status.

Al-Qaeda to target Red Sea shipping lanes?

Wed, 03 Mar 2010 08:00:00 EST

Despite the prevalence of Somali piracy over the past few years, many security analysts have downplayed the possibility of organized terrorist groups joining the mix. After all, al-Shabaab, an Islamic extremist organization based in Somalia, operates well south of the major lanes funneling ships between Europe and points east.

But a report cited in the New York State Office of Homeland Security weekly newsletter (Feb 19-25) says that an al-Qaeda cell based in Yemen known as al Qaeda in the Arabian Peninsula (AQAP) is making plans to take over the Bab al-Mandeb Strait, which connects the Gulf of Aden and the Red Sea, with the partnership of al-Shabaab.

20-thousand ships and millions of barrels of oil pass through the Straits each year, and analysts say a disruption of the supply line would cause a major disruption to the European oil market.

Said al-Shiri, a former detainee at Guantanamo Bay and the AQAP number two ranking official, said in a released audio tape that “the strait will be closed and the grip of will be tightened around the throat of the Jews.”

While military analysts do not believe that terrorists could actually take over control of the straits, the capability exists to cause major havoc upon commercial shipping.

Source: New York State Office of Homeland Security Intelligence Division

Injury At Sea And How To Protect Yourself

Mon, 01 Mar 2010 08:00:00 EST

I've published a short article called "Injury At Sea - What Do I Do Now?" that provides some simple, useful tips you can use to protect your legal rights following an injury on a vessel at sea.

I hope you find the article useful.

You can find a bunch of useful information at my blog, www.TheMaritimeLawyer.com. If you have any questions you want answered, send me an email and I will answer them for you.

UK investigation determines safety violations caused employee death

Mon, 01 Mar 2010 08:00:00 EST

The results of the UK investigation into David Stephenson's death after he was crushed by a 4-ton cursor have come in.

Click here to read about the results of the investigation into David Stephenson's death offshore.

Cruise Ship Injury Claims

Mon, 01 Mar 2010 08:00:00 EST

I've published a short article on www.TheMaritimeLawyer.com about exercising your legal rights under federal law after a cruise ship injury.

Click here to read Cruise Ship Injury - What Are My Options?

Improper venue, expired statute of limitations sink winch injury Jones claim

Sat, 27 Feb 2010 08:00:00 EST

Time has run out for Brendan Reichert’s Jones Act claim.

While working aboard a towing vessel in the Ohio River, Reichart suffered undisclosed injuries from a faulty locking mechanism on a winch.

He filed the lawsuit in Ohio because the vessel owner, Mon River Towing Inc., conducted business there.

Reichert should have taken the series of bungled events at the start of his legal process as a bad omen. First, his complaint did not reach the company because it was not “deliverable as addressed.”

Then, the complaint had to be amended to correct a typographical error.

Later, the Ohio Court ruled it did not have jurisdiction because the injury occurred 50 miles upriver in Pennsylvania.

By the time Reichart moved his case to a Pennsylvania Federal Court, the three year statute of limitations had expired and Mon River’s motion to dismiss was granted.

Washington State Ferries not liable for selling a violent drunk a ticket

Sat, 27 Feb 2010 08:00:00 EST

A Washington appeals court has upheld the dismissal of a lawsuit from a man injured by an obnoxious drunk passenger aboard a Washington State Ferry (WSF) vessel.

Frank Caraska claimed WSF employees were negligent for allowing the obviously intoxicated passenger to board the ferry and that employees were “negligently trained” to deal with the situation. However, the court ruled that even though the passenger was noticeably impaired and obnoxious, the evidence did not show that he posed any visible threat of violent behavior.

Nor was WSF held liable for selling the passenger a ticket.

On February 8, the Washington State appeals court supported the trial court’s dismissal of the lawsuit.

Read the full case here.

Louisiana man files Jones Act claim for unseaworthiness

Sat, 27 Feb 2010 08:00:00 EST

A case has been filed in Jefferson County, LA against Marquette Transportation Co. Gulf-Inland.

Timothy J. Rogers alleges unseaworthiness and negligence in connection with serious injuries to his body and back while working aboard the vessel Mary Kay.

While not specifying how he incurred the injuries, the claim cites physical pain and suffering, mental anguish and loss of earnings. Rogers alleges the vessel was in dangerous condition during his time aboard it.

Rogers asks for a judgment exceeding the minimum jurisdictional limits plus court costs and attorney’s fees.

Source: Southeast Texas Record

Cruise Ship Slams into Gangway in Galveston

Fri, 26 Feb 2010 08:00:00 EST

If you haven’t seen the movie Titanic you are at least familiar with the story of the ill-fated cruise ship. All cruisers board ships with the comfort of knowing that they are safe. However, the passengers recently onboard the Carnival Cruise Line’s Ecstasy may have second thoughts.

According to Port Director Steve Cernak, the Ecstasy hit the passenger gangway at the Texas Cruise Ship Terminal at Pier 25. “While turning around in the channel, the rear of the ship nudged the gangway and pushed it about 15 feet along the wharf and about 3 feet toward the terminal – but not into the terminal,” Cernak said.

Fortunately, there were no injuries reported in the accident.

Though, the cause of the cruise ship accident has not been determined at this time, the Coast Guard has ruled out drugs and alcohol as possible contributing factors. It has been cited that the ship’s captain was in control of the vessel at the time of the crash. However, as you can imagine, the investigation is still ongoing.

There is an alternate gangway that will be utilized until the $1.8 million dollar gangway is repaired.

If you or someone you know has been injured in a cruise ship accident, you should contact an experienced maritime attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

New Book Recalls Ill-Fated Fishing Trip That Clamed the Lives of 2 NFL Stars

Fri, 26 Feb 2010 08:00:00 EST

Do you remember the story of an ill-fated fishing trip in the Gulf of Mexico about a year ago that claimed the life of two NFL players and left personal trainer Nick Schuyler as the lone survivor? Schuyler has just released Not Without Hope, a book co-written by New York Times sportswriter Jere’ Longman, recalling the events of the fatal boating accident.

Schuyler hopes to clear-up the misconceptions surrounding the fishing boat accident that claimed the lives of Oakland Raiders linebacker Marquis Cooper, 26, Detroit Lions defensive end Corey Smith, 29, and Schuyler’s friend, Will Bleakley, 25.

Rumors swirled almost immediately about the possible involvement of alcohol. There was even speculation about the four fighting over the safest spot out of the water in which Schuyler was found occupying.

According to Schuyler, the water was cold and the waves became too much as a storm approached. Despite the victim’s physical strength, the four men were unable to right the boat. Unfortunately, none of the men were wearing life jackets when the boat capsized.

It is alleged that the men succumbed to hypothermia. Fortunately for Schuyler, he was wearing extra layers of clothing.

If you or someone you know has been injured in a boating accident, you should contact an experienced maritime attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Port worker files claim after wet paint slip and fall

Fri, 26 Feb 2010 08:00:00 EST

A federal court recently made a ruling on a suit filed by a shipyard employee who was injured on a vessel after slipping on wet paint.

Errol Chouset, plaintiff and an employee of the Superior repair yard, alleged in Louisiana District Court that, while working aboard the M/V Hannah B, he noticed wet paint on the deck and reported it to his foreman. After reporting that, he claimed the foreman ordered him to continue working.

Chouset alleged that he slipped on the paint and injured his back.

As a result, Chouset filed claims against Superior and Offshore Marine, the owner of the vessel, under Longshore Harbor Workers' Compensation Act (LHWCA).

Chouset filed a motion to add Superior as a direct defendant and Offshore moved to name Superior as a third party defendant.

Superior challenged being named as a third party defendant but on January 26th, the Court ruled against them and the case is proceeding.

Read about the case here.

LNG Mariners need to be aware of terrorism risk

Fri, 26 Feb 2010 08:00:00 EST

The Maersk Alabama hijacking brought piracy liability issues to the forefront of Jones Act law. Before that April, 2009 event, few if any operators even gave their potential culpability in not adequately protecting their seafarers against piracy a second thought.

With LNG tankers now arriving in Boston regularly from the Middle East, sailors could be in the bulls-eye of potential floating time bombs if one of those behemoth ships is targeted by terrorists.

On Monday, February 22, the first liquefied natural gas tanker from Yemen reached the Distrigas Terminal in Everett, Massachusetts. The Coast Guard approved the deliveries after a year-long review despite objections from numerous public officials including the Boston Mayor and State House Speaker.

They fear the risk attached to the ships from a nation linked to terrorism is too great.

The risk to shipping operators for crew liability should one of those prime targets be commandeered is to be ignored at their peril.

Cruise Ship Injury Claims

Fri, 26 Feb 2010 08:00:00 EST

I've published a new article on cruise ship injury cases that you can find by clicking this link.

Hopefully you will find the article helpful. You can also research your cruise ship injury cases by using that section of our website. Click here to access cruise ship injury research.

About the author

Brian Beckcom is a Board Certified Personal Injury Law Specialist who represents maritime employees and their families after injury or wrongful death claims.

Brian is the author of 6 books on legal topics including 3 on maritime injury cases. Brian has also written over 200 articles on legal topics.

Caribbean container ship midnight sinking remains a mystery

Thu, 25 Feb 2010 08:00:00 EST

Maritime investigators say it may take a long time to learn the cause of the sinking of a cargo ship bound for Barbados.

No lives were lost, but over 15,000 tons of cargo worth millions of dollars went down with the container vessel Angeln two miles from St. Lucia just past midnight on February 20.

According to a spokesman with DaCosta Mannings Shipping, the ship sank after listing to starboard and capsizing.

Miami based Bernuth Line was the operator and this was reportedly the company’s first sinking during a transport in it’s more than 100 year history.

Source: The Daily Herald

Record snowfall sinks famous Pennsylvania river boat

Thu, 25 Feb 2010 08:00:00 EST

The Becky Thatcher is “beyond repair. It’s a total loss,” said Jeffrey Levin, owner of the historic Ohio River stern wheeler that sank in Western Pennsylvania from the major snowstorm earlier this month.

The heavy snow collapsed the upper two decks onto the bottom deck of the 84-year-old passenger vessel.

According to Levin, even though the boat is not completely submerged, the damage is too extensive to allow for repairs and it will likely have to be dismantled rather than towed.

Built in 1926, the 220-foot vessel was originally used for river surveys. After being retired in 1961, it was retrofitted and served as a restaurant and museum, first in Hannibal, Missouri, then St. Louis and eventually in the Pittsburgh area.

Source: Pittsburgh Post-Gazette

Barge breaks free off New Jersey and drifts into Virginia

Tue, 23 Feb 2010 08:00:00 EST

A container barge drifted over 100 miles after a tow line snapped in a late 2009 storm off the Eastern seaboard.

The November incident took place about 30 miles out from the entrance to Delaware Bay, where La Princesa was being towed by the tug Sentry. Both units are owned by Crowley Maritime Corp. and were bound from Puerto Rico to New Jersey.

According to a Crowley spokesman, 45 knot winds and 25 foot seas parted two steel tow lines. Some of the barges’ containers carried medical equipment and pharmaceuticals and others carried concentrated rum. Because of the rum’s flammability, it was considered to be hazardous.

Eventually the barge grounded on a beach in the Sandbridge area of Virginia Beach. It posed a threat to a nearby fishing pier. Two Titan Maritime employees were lowered from a Coast Guard helicopter onto the barge’s deck; two ballast tanks were opened and the barge was stabilized. After the weather calmed, the ballast was discharged and it was pulled offshore with the assistance off three tugs.

Damage to the tug was said to be minor.

Source: Professional Mariner

Near disaster for world's first pipe laying DP vessel changes safety standards

Tue, 23 Feb 2010 08:00:00 EST

The operator of the first pipe laying ship to utilize dynamic positioning-or DP-was forced to change its safety policy after dragging a gas pipeline 1,312 feet on the seabed.

On October 16, 2009, 68-mile-per-hour winds pushed the 600 foot Lorelay a quarter mile out of position during a cable laying operation 155 miles southeast of Halifax, Nova Scotia. Lori MacLean, spokeswoman for EnCana Corp., overseer of the Deep Panuke pipeline project, said the rough conditions caught the vessel off guard and forced it off heading and out of position. The decision was made to cut loose of the cable attached to the pipeline.

Prompted by the Canada-Nova Scotia Offshore Petroleum Board, new safety practices were implemented: In the future, during severe weather the vessel will completely disconnect from the pipeline until the weather stabilizes.

While there was no damage to the ship or the pipeline, there was some damage reported to the stinger, which is used to support the pipeline. The ship is owned by Allseas Group SA of Switzerland. The Deep Panuke Project involves installation of a 107-mile natural gas pipeline.

Source: Professional Mariner

NTSB and Coast Guard at odds over passenger vessel safety regs

Tue, 23 Feb 2010 08:00:00 EST

The two largest government bodies affecting maritime transport safety requirements have a difference of opinion that could affect the safety of life at sea.

The National Transportation Safety Board, in a recent report about a 2008 fire aboard a Columbia River passenger vessel, strongly recommends that all vessels authorized to carry over 49 passengers be mandated to have a fixed fire-suppression system and fire-detection sensors in the engine room.

But the Coast Guard disagrees. According to a Professional Mariner Magazine article about the NTSB report, the Coast Guard opposes such a requirement, “citing costs, lack of injuries from similar incidents, and the small number of fires that would be affected.”

Would the Coast Guard have responded differently had there been mass casualties among the 124 passengers and 53 crew aboard the Queen of the West?

The NTSB’s report praises Ambassadors International Inc.’s Majestic America Lines, the operator at the time of the blaze aboard the 221 foot stern wheeler, for having had the foresight to install a CO2 firefighting system and fire alarms two years earlier. The report says that “early use of the system avoided a forced evacuation and likely prevented significant injuries and loss of life.” A nearby tug pushed the vessel along shore and all evacuated safely.

The fire broke out after fluid leaking from a hose sprayed onto an exhaust pipe.

Source: Professional Mariner

Oregon passenger vessel blaze reveals lax Coast Guard safety requirements

Tue, 23 Feb 2010 08:00:00 EST

A Columbia River passenger vessel that caught on fire in 2008 had only one six person inflatable dinghy available as a rescue boat for its 177 passengers and crew. This according to a recently released report from the National Transportation Safety Board about the fire aboard the Queen of the West, a 221 foot sternwheeler operating on the Columbia River in Oregon.

An article in Professional Mariner Magazine about the report describes the NTSB as “alarmed” by the lack of survival craft. However, the article states that the Coast Guard does not require any survival craft to be aboard that class of vessel. Nevertheless, the board is recommending that enough survival craft be available to handle all passengers and crew aboard all passenger vessels.

The fire broke out in the engine room after a hydraulic hose failed, causing fluid to spray and ignite after hitting an 800 degree exhaust hose. The report credits the installation of a CO2 system two years earlier as a key reason for quick containment of the blaze. No injuries were reported. A nearby tug pushed the vessel to shore and all departed safely.

The vessel operator at the time was Ambassadors International Inc.’s Majestic America Line, which has since gone out of business.

Source: Professional Mariner

Coast Guard boat operator fooled by Christmas lights in tour boat collision?

Tue, 23 Feb 2010 08:00:00 EST

The Coast Guard says it is unsure whether the holiday lighting display aboard a tour boat contributed to a collision In Charleston, S.C. on December 5, 2009.

At 2030, the 25-foot Coast Guard response boat rammed into the starboard side of the tour boat Thriller, injuring three passengers, uprooting seats and knocking a hole in the hull. Some of the 24 passengers aboard the 55-foot catamaran described the response boat to be barreling directly at them; one was said to yell “It’s going to hit us!”

According to a Coast Guard spokesperson, the Thriller’s display of white lights wrapped around the hull was a violation of rules of the road but it is not known whether those lights fooled the response boat operator and caused the collision.

One of the tour boat’s owners said it was customary for boats to display decorative lights during the holiday season.

“We had white lights around our boat, but so do hundreds of other boats during the holiday season,” said Barbara Fox.

The Coast Guard issued a safety warning on December 21 reminding operators not to illuminate lighting not necessary for safe navigation of the vessel unless at the dock or as part of a parade.

Source: Professional Mariner

Sad comedy of errors in collision between ship and dredge

Tue, 23 Feb 2010 08:00:00 EST

Accident footage gets 65,000 views on YouTube

A master, helmsman and pilot each received criticism in a recently released NTSB report on a 2008 ship-dredge collision just outside Newark Harbor.

On January 24th, the 608-foot juice carrier Orange Sun was outbound when it rammed into the dredge New York in early afternoon on a clear day. The New York, listed as the world’s largest backhoe dredge, suffered $6 million in damage and salvage costs and was rendered inoperable after its store room, tool room, winch room and transformer room were flooded.

According to the report, the helmsman had problems keeping the vessel on course. As the ship veered dangerously off course to the right, he turned the rudder 20 degrees to the opposite side for only four seconds before moving the wheel to mid ships, despite the fact that the course had not been stabilized. As well, he and the master aboard the Liberian flagged ship conducted rudder maneuvers that were not authorized by the pilot.

Once, when the pilot ordered the helm a command of port 20 degrees rudder, the helmsman instead moved the rudder 35 degrees to starboard, to which the pilot relied “Port 20 stupid.” The captain gave the helmsman orders in Croatian before taking over the steering himself.

Though the master knew of the vessel’s tendency to sheer due to its controllable-pitch propellers, he failed to notify the pilot about this characteristic.

According to the report, “The helmsman's error and his failure to communicate about what was happening triggered a series of erratic wheel inputs by both him and the master.”

The pilot was also cited for not taking into account potential steering problems associated with that type of rudder system.

Source: Professional Mariner

2008 Columbia riverboat fire blamed on hydraulic leak in new NTSB report

Tue, 23 Feb 2010 08:00:00 EST

The National Transportation Safety Board has ruled that a 2008 fire on a Columbia River passenger vessel was caused by a hydraulic leak.

That is the conclusion of a recently released NTSB report on the fire, which occurred on the Queen of the West in Oregon on April 8, 2008. 177 passengers and crew were aboard the vessel when the blaze broke out in the engine room. According to the report, the likely culprit was the failure of a hydraulic hose for the portside engine. Leaking fluid sprayed onto the 800 degree exhaust piping, igniting the mixture of air and fuel.

The report credited the then operator, Ambassador International Inc’s Majestic America Line, for installing a C02 system and fire alarms which limited damage and allowed all aboard to depart the 221 foot vessel without injury. Majestic America has since gone out of business.

The vessel, however, did not completely escape criticism in the report. The NTSB was startled to discover that the only rescue boat available was a six person inflatable dinghy. According to Coast Guard requirements, however, there is no requirement for that vessel class to be equipped with survival craft of any kind.

The NTSB’s report recommends that all small passenger vessels on every route should have sufficient survival craft for all aboard.

Source: Professional Mariner

2008 Columbia riverboat fire blamed on hydraulic leak in new NTSB report

Tue, 23 Feb 2010 08:00:00 EST

Art Catering Settles Injury Case Brought By Injured Employee

Tue, 23 Feb 2010 08:00:00 EST

We are pleased to congratulate one of our firm's maritime injury clients for the settlement of his offshore injury case against Art Catering.

Our client severely injured his back and neck while working for the company. Art Catering refused to pay his legal benefits under maintenance and cure or approve a neck surgery that had been recommended, so we filed a legal claim under the Jones Act.

The case settled less than nine months after the client hired us for a confidential amount.

Norweigan Cruise Lines Settles Injury Case Brought By Injured Waitress

Tue, 23 Feb 2010 08:00:00 EST

We are pleased to announce a settlement on behalf of one of our firm's cruise ship injury cases.

Our client worked for Norweigan Cruise Lines (also called NCL) as a waitress. She was injured by defective machinery. She ended up needed back surgery.

NCL denied that it was negligent and refused to pay maintenance and cure, so we were forced to bring a legal claim under the Jones Act.

Shortly before trial, the case settled for a confidential amount.

This is the third case against NCL we have settled recently. Our hope is that NCL will work to improve safety on its cruise ships and provide better medical treatment to its employees and passengers.

Maritime Injury Case Filed Against Frontier Drilling

Mon, 22 Feb 2010 08:00:00 EST

My law firm was recently hired by an injured Australian employee of Frontier Drilling to file a legal claim on his behalf against Frontier, a Houston-based International Drilling company, after he was badly injured on the job on the Frontier Discoverer in the South China Sea.

Frontier denies responsibility to its injured employee and refuses to reimburse our client for a reasonable settlement, so we were forced to file a legal claim on his behalf.

The case was filed in Houston, Texas under the Jones Act and General and International Maritime Law.

Find Out What is Considered a "Navigable Waterway" Under the LHWCA

Mon, 22 Feb 2010 08:00:00 EST

The Longshore and Harbor Workers Compensation Act (LHWCA) allows injured workers to obtain compensation from their employers. These are injuries that have occurred on the job or in connection with a vessel on a navigable U.S. waterway. Longshoremen, shipbuilders, ship repairers, harbor workers and ship breakers are among the employees covered under the LHWCA.

This law is supposed to provide coverage for workers who are not considered seamen under the Jones Act, which is a federal law that protects maritime workers. It is important to mention that the Longshore and Harbor Workers Compensation Act is a workers’ compensation program, meaning that a worker does not have to prove that the employer was negligent in order to collect compensation.

The question that many people have is – what is considered a navigable waterway? The law has been interpreted navigable waterways to include adjoining areas, such as piers, wharves and docks, which are regularly used in building or repairing a vessel, or loading or unloading.

The LHWCA provides injured workers with the ability to have their medical expenses paid, in connection with their injury. They are also entitled to compensation for lost wages that incurred while they were recovering and not able to work.

If are a longshoreman who has been injured at work, we can help you recover compensation for your injuries. Contact a maritime attorney from our office at 713.224.7800 or 877.724.7800.

Injured Offshore Rig Workers May Qualify for Compensation Under the OCSLA

Mon, 22 Feb 2010 08:00:00 EST

Oil rig employees who work on fixed oil rigs and offshore gas pipelines may be able to recover compensation under the Outer Continental Shelf Lands Act (OCSLA), following an offshore injury. This law provides compensation for oil rig workers who have been injured or lost their lives. It is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA) to workers in the outer Continental Shelf.

The OCSLA involves cases “in connection with any operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing or transporting by pipeline the natural resources, or involving rights to the natural resources of the subsoil and embed of the outer Continental Shelf.”

When an offshore oil rig worker is injured on the job, he may be entitled to the same compensation that is available under the Longshore and Harbor Workers’ Compensation Act, which includes medical benefits, survivor benefits and replacement of wages.

If you have been injured on an offshore oil rig or gas pipeline, contact a maritime attorney at our office at 713.224.7800 or 877.724.7800. We will be able to explain your legal rights and ability to collect compensation for your injuries.

Be sure to order your copy of my book, Insider's Guide to Winning Your Maritime Injury Case. It contains information that you need to know when injured offshore.

Oil RIg Workers Have Worst Jobs in America, According to Study

Mon, 22 Feb 2010 08:00:00 EST

Forbes magazine has rated oil rig and gas pipeline work as one of the worst jobs in America for 2010. This rating was based on a study by CareerCast and took into account five criteria – the pay, work environment, stress, physical demands and hiring outlook.

Offshore oil rig workers in the Gulf Coast and around the world have demanding jobs, that often take up nearly 12 hours of their day or more. They have to contend with heavy equipment, slippery decks and performing work on multiple platforms. The work environment on an offshore work is rigorous and there is a lot of pressure to produce. Safety is not always the priority.

There are many dangers faced by oil rig workers, which can lead to major offshore accidents. Some of these potential hazards include:

Slip and falls
Falls from significant heights
Explosions
Machinery malfunctions
Falling objects
Explosions
Fires
Chemical exposure

An offshore oil rig accident tends to result in serious injuries, such as brain injury, spinal cord injury, broken bones, skull fractures, amputations, burns and death. If you have been hurt on an offshore oil rig, you could be entitled to compensation. There are different options available depending on your circumstance. For example, you could qualify for protection under the Jones Act.

For more information, contact a maritime attorney from our office at 713.224.7800 or 877.724.7800. We will be able to explain your rights and ability to collect compensation for your offshore injuries.

Jones Act Lawsuit Against Kirby Offshore

Mon, 22 Feb 2010 08:00:00 EST

We were recently hired by an injured deckhand who worked for Kirby Corporation on their boats. Our client was badly injured on the job.

After sending our client to company doctors, Kirby tried to trick our client into signing away all his legal rights for a fraction of what his legal case was really worth.

Our client also realized that if he accepted the settlement money and signed away his legal rights forever, Kirby was likely to find some made-up reason to fire him.

Fortunately, our client saw right through these tricks and contacted us before signing away his legal rights. We are now pursuing a full-fledged legal claim under the Jones Act and maritime injury law against Kirby.

I wrote a book a few years ago that has become extremely popular among offshore workers. It's called The Insider's Guide To Winning Your Maritime Injury Case. I give the book away for free to offshore workers and their family members. I don't give it to insurance companies or company management for any price.

If you need a copy of my book, go to www.JonesActBook.com.

Jones Act Injury Lawsuit Against Hercules Offshore

Mon, 22 Feb 2010 08:00:00 EST

My firm recently filed a Jones Act and maritime injury lawsuit against Hercules Offshore on behalf of one of its injured employees.

Our client worked for Hercules for more than 13 years as a roughneck, roustabout, and derrickhand. He was injured working for Hercules on two different occasions. After his first injury, Hercules sent him to company doctors. Our client returned to work in five months. When he returned to work, he was demoted.

Our client was injured a second time. Hercules then fired him (although Hercules called it a "reduction in force.")

Hercules refused to honor its legal obligations to our client, which includes an obligation to pay his medical bills and living expenses (called "maintenance and cure.").

So we were forced to file a legal claim and lawsuit under the Jones Act. So far, Hercules has still refused to honor its legal obligations to its injured employee.

Jones Act Lawsuit Filed Against Diamond Offshore

Mon, 22 Feb 2010 08:00:00 EST

My firm recently filed a legal claim and lawsuit against Diamond Offshore. We represent one of Diamond's employees who was injured on the job. Diamond has refused to pay for our client's medical needs, lost wages, and other legal damages, so we were forced to file the lawsuit.

We filed a Jones Act and maritime injury lawsuit.

I have represented a number of Diamond Offshore employees who were hurt on the job, including some employees who worked for Diamond for decades. In my experience, Diamond typically tries to intimidate its injured employees into settling their case on the cheap. Diamond is a tough company and recently, there was a change in its legal department which has appeared to make the way they take care of injured employees even tougher.

A few years ago, Diamond was refusing to settle any maritime injury case on reasonable terms. That trend appears to have reappeared recently.

Seaman Sues Towing Companies Over Unseaworthy Vessel

Sun, 21 Feb 2010 08:00:00 EST

Danielle Marine Towing and Lorris G. Towing II Corp. are being sued following a seaman’s injury.

The seaman, Paul E. Parfait, alleges that he was injured on the ship, the Luke Guidry Jr., a vessel that is owned by the towing companies. He has made the claim that the vessel was unseaworthy at the time of his April 13th maritime accident.

The complaint states that Parfait was doing his regular job duties on the ship when he suffered severe and disabling injuries, because of unseaworthiness of the vessel. According to Parfait, he has incurred medical expenses and has suffered physical impairment from the offshore accident. He also claims that he has lost his ability to perform household services. However, Parfait does not give the exact details of how he was injured onboard the vessel.

Parfait’s complaint, which was filed in Jefferson County District Court, also alleges that the two towing companies are required to pay him maintenance and cure, which is compensation for injured maritime workers, but have not done so.

The injured seaman is pursing compensation that includes actual, exemplary and punitive damages, in addition to pre- and post- judgment interest, expenses and other costs he might be entitled to.

There are various laws that protect workers within the maritime industry, including the Jones Act. For more information regarding this federal law, visit our Jones Act page, which contains additional details.

Your Rights When Your Employer Won't Pay Maintenance & Cure

Sat, 20 Feb 2010 08:00:00 EST

Are you an injured seaman? Is your employer paying for your maintenance and cure? If not, you might be able to seek punitive damages, based on past cases involving this very issue.

These provisions under maritime law are designed to provide injured seamen compensation to assist with medical treatment, as well as pay for living expenses during the time it takes for the victim to recover. However, some employers take advantage of their employees and fail to do so, assuming that they don’t know their rights.

So, what happens if your employer fails to pay for your expenses? According to the Supreme Court, you might be able to seek punitive damages in Jones Act cases against your employer.

If you or someone you know has been injured offshore, you should contact an experienced maritime attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800. We will be able to explain your legal rights and options.

For more information, read the article, Seamen May Seek Punitive Damages in Some Cases.

Be sure to order your copy of Maritime Lawyer Brian Beckcom’s book, Insider's Guide to Winning Your Maritime Injury Case.

Maritime Lawsuit Against Weatherford International Settled

Thu, 18 Feb 2010 08:00:00 EST

We'd like to congratulate one of our international maritime injury clients for a great settlement.

Our client, a U.K citizen and senior LWD engineer, suffered a significant spinal injury while working on a jack-up rig in Dubai.

We brought a maritime lawsuit claim against Weatherford International, one of the world's largest oil and natural gas operators.

The case involved technically complex issues of International law, Admiralty law, International Maritime law, the Jones Act, Canadian law, and arbitration.

We were able to negotiate a settlement for our client that was satisfactory for all involved less than one year after the client hired our law firm. The speed of the settlement is rather remarkable considering the complex nature of the case.

Weatherford's lawyers did a very good job working with us on resolving the case favorably.

We always enjoy representing International Mariners and international clientele in the oil and gas, marine, and offshore technology industry in their cases.

It is especially gratifying when when we are able to work amicable with the company lawyers to resolve the case to our client's satisfaction.

What Changed in the Longshore and Harbor Worker's Compensation Act

mindywein@cox.net (Blog Author)26778 — Mon, 15 Feb 2010 08:00:00 EST

If you work as a longshoreman then you are probably aware of the fact that there are many U.S. admiralty and maritime laws that protect the rights of maritime workers. If you are someone you know ever becomes inured while on-the-job then you should know your rights. Don't let your employer take advantage of you.

One of the laws that you should be familiar with is the Longshore and Harbor Worker's Compensation Act (LHWCA). The LHWCA allows injured longshoreman and stevedores to pursue certain benefits.

An injury is inconvenient – there is no question. Not only can it affect your ability to perform normal activities, but it can also affect your ability to perform your duties at work leading to a potential loss of wages.

Under the LHWCA, employers are required to pay for medical treatment, as well as provide compensation in the event that you lose your income. Previously, the law pertained to workers who were hired to build, repair or dismantle any recreation vessels under 65 feet.

However, in 2009, certain revisions were included that could exclude these types of workers, provided that they are subject to coverage under state worker's compensation laws.

If you or someone you know has been injured while working as a longshoreman, you should contact an experienced maritime attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Be sure to read the article, Changes to the Longshore and Harbor Workers' Compensation Act.

Read Admiralty Article by Maritime Lawyer Brian Beckcom

Mon, 15 Feb 2010 08:00:00 EST

Read a short article by Board Certified Maritime Injury Attorney Brian Beckcom discussing your legal rights if you were injured on land by the negligence of a vessel, ship, or boat on navigable waters.

Click here to read the article.

Differential Pressure Hazards Can Be Deadly for an Occupational Diver

mindywein@cox.net (Blog Author)25869 — Fri, 29 Jan 2010 08:00:00 EST

It may appear obvious, but one of the biggest threats to those who commercially dive is practically invisible. If you are an occupational diver then you need to be aware of the fact that the water pressure in and around dams and open valves can prove deadly.

This dangerous change in water pressure is refereed to as differential pressure. If you are a diver, then you are probably aware of this term. However, are you aware of the risks associated with differential pressure?

When differential pressure occurs, the force can be more than you can handle. You may find yourself being pulled into an opening or being held under water for an indefinite amount of time.

Differential pressure hazards can damage your equipment and your health. You can find yourself being seriously injured, as well as the possibly losing your life.

However, these types of accidents can be avoided. You should take extra precautions if you know that you will be diving near a recently installed pipeline, dam or other structure.

If you or someone you know has been injured in a commercial dive accident, you should contact an experienced Houston diving accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Crews scramble to protect wildlife from Port Arthur oil spill

Mon, 25 Jan 2010 08:00:00 EST

So far only two oil covered birds have been reported from the biggest Texas oil spill in over 15 years.

One of the birds--a night heron--was caught and cleaned and the other--a cormorant--flew away.

460,000 gallons of crude oil spilled into the Sabine-Netches Waterway Saturday morning after the tanker Eagle Otome was gashed in a collision with a tug pushing two barges in Port Arthur.

A nearly eight mile stretch of waterway was affected by the slick. Marshlands serving as breeding grounds for fish and shrimp have been under threat. Among the most critical areas is Keith Lake about three miles south of Port Arthur. Experts say that the remaining oil remains a critical threat to the environment and serious efforts must be made to protect the area's marshes.

“If they become contaminated, the damage could last for years,” said Rick Steiner, a conservationist and biologist with the University of Alaska. “We still have 20,000 or so gallons of Exxon Valdez oil in the beaches of Alaska … and most of the injured populations have yet to fully recover,” he said.

Officials said that nearly half of the oil had been recovered out of the water. Four skimmers have been deployed and 550 people are involved in cleanup operations. 45,800 feet of boom surrounded the spill. The cleanup crew battled high winds Sunday which threatened to spread the slick over a much greater area.

Source: Houston Chronicle

Ships backed up as Texas waterway remains closed from oil spill

Mon, 25 Jan 2010 08:00:00 EST

13 ships waited to exit and 13 waited to enter the Sabine-Neches Waterway on Sunday. It remained closed during cleanup operations of a 460,000 gallon oil spill from a collision between a tanker and a tug and tow in Port Arthur on Saturday.

The Coast Guard said the Waterway would remain closed until the cleanup was completed. How long that would take was unclear, although Texas Land Commissioner Jerry Patterson said “I think it’s a matter of days not weeks.”

The Sabine-Netches Waterway is a 60 mile long man-made channel that runs parallel with the Sabine River which marks the boundary between Texas and Louisiana. The area is home to four major refineries that make up 6.5 percent of U.S. capacity.

11,000 barrels spilled into the water from the northbound 807-foot Malaysian flagged tanker Eagle Otome after it collided with a southbound barge near a Valero refinery. Though the vessel carried 80,000 barrels, most of them were pumped out.

12 people were voluntarily evacuated from their homes in a precautionary move and were back in their homes later the same day.

Booms and skimmer boats are being deployed to protect a nearby lake that is a breeding ground and wildlife management area.

Most of the cleanup cost is reportedly to be paid by AET Tankers, owner of the ship.

Investigators with the Coast Guard and National Transportation Safety Board are investigating the cause of the collision.

Source: Reuters

A Diving Accident Can Change Your Life

mindywein@cox.net (Blog Author)25534 — Sat, 23 Jan 2010 08:00:00 EST

Even if a commercial diver survives a near drowning, doesn’t mean that he or she is in the clear. Commercial diving accidents can lead to many injuries, including permanent brain damage.

Asphyxia is a very real danger faced by commercial divers. If a diver finds himself or herself in a position where not enough oxygen is being received, it can result in this awful medical condition. Asphyxia occurs when air circulation to and from the lungs is restricted, depriving the brain of oxygen. Oxygen deprivation is often deadly, but if the diver survives, brain cells may still have been damaged.

Brain damage from a commercial dive is typically irreversible. Although the diver may have survived the dive accident, his or her life will be forever changed, not to mention the lives of the diver’s family members. Permanent brain damage can lead to all sorts of problems, including lifelong disabilities.

Most commercial divers are considered Jones Act seamen, which means they can recover compensation under this federal law. Although financial compensation can’t undo the impact a diving injury can have on someone’s life, it can help alleviate some financial stress.

For more information regarding this topic, read the article titled, “Diving Accidents Can Lead to Permanent Brain Damage.”

Be sure to order your copy of Maritime Lawyer Brian Beckcom’s book, Insider’s Guide to Winning Your Maritime Injury Case.

Do You Really Know Your Diving Crew?

mindywein@cox.net (Blog Author)25533 — Sat, 23 Jan 2010 08:00:00 EST

What if you found out the crewmembers providing you with support during the dive lacked adequate training? The scary thing is that you probably wouldn’t know until it was too late.

When demand rises within the industry, many diving companies scramble to fill spots among the diving crew. These diving companies don’t always take the time to appropriately train their new personnel and even worse, they often hire people who have little skill and experience.

As long as there are no emergencies during the dive operation, this practice may not be a problem. However, the reality is that things go wrong during a dive and it is up to the crewmembers to make quick and appropriate decisions. Their actions can make the difference between life and death for the divers.

If you or a loved one has been injured in a commercial diving accident and you suspect that it was caused by untrained personnel, you should contact a diving accident lawyer immediately. There is a federal law that protects commercial divers and allows them to recover compensation for their injuries. Call the Law Offices of Vujasinovic & Beckcom, P.L.L.C. today at 713.224.7800 or 877.724.7800 for legal advice.

For more information on this topic, read the article, “Untrained Crewmembers Can Cause a Diving Accident.”

Three Ways You Can Prevent a Commercial Diving Accident

mindywein@cox.net (Blog Author)25532 — Sat, 23 Jan 2010 08:00:00 EST

Sometimes a commercial diving accident happens and there is little that could have been done to prevent it. Other times, however, certain actions could have been taken that would have helped avoid the tragic dive accident.

If you are a commercial diver, there are some things you can do to protect yourself during a dive. First and foremost, you need to educate yourself regarding the factors that can lead to serious injuries or death during a dive. For example, you should be aware that some of the common causes of diving accidents include untrained crewmembers, poorly maintained equipment and underwater explosions.

As a diver, you need to speak up when you recognize a dangerous situation. Failing to tell your supervisor could result in a serious dive accident.

A job hazard analysis should always be conducted to identify any possible risks. These risks need to be addressed appropriately to ensure your safety.

If you or a loved one has been injured in a diving accident, contact a diving injury lawyer at the Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800 today.

For more information on this topic, be sure to read the article, “Many Commercial Dive Accidents Can Be Prevented.”

Order your copy of Maritime Injury Lawyer Brian Beckcom’s book, Insider’s Guide to Winning Your Maritime Injury Case.

Find Out What May Have Caused Your Diving Accident

mindywein@cox.net (Blog Author)25287 — Tue, 19 Jan 2010 08:00:00 EST

Commercial divers play an essential role in our society and economy. These workers place their safety in the hands of others and unfortunately, accidents often occur. A diving accident can lead to a serious dive injury or death.

There are many causes of diving accidents, but some seem to be more prevalent than others. Equipment failure, untrained personnel, difference in water pressure and underwater explosions can result in catastrophic dive injuries.

Divers rely on their equipment, but if this equipment is poorly maintained, there is the risk of equipment failure. It is important to appropriately care for helmets, masks, compressors, dry suits and other equipment. Failure to do so could make the difference between life and death.

To keep up with demand and the amount of work needed to complete, diving companies sometimes hire personnel with little experience. If these crewmembers are not adequately trained, it could be disastrous for the diver.

Pressure differentials and underwater explosions are also factors in countless diving accidents. What is so unfortunate is that these types of commercial dive accidents can be avoided.

Contact an experienced Houston maritime attorney at the Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800 if you or a loved one has been injured in a diving accident.

Read the article, Four Common Causes of Diving Accidents, to learn more about this topic.

End of the line for MarAd's Victory Ships brings to mind asbestos risks

Sun, 17 Jan 2010 08:00:00 EST

The Maritime Administration (MARAD) is making plans to dispose of its remaining World War Two era Victory ships.

The Rider Victory and Winthrop Victory are to be towed from the Suisun Bay Reserve Fleet, located just north of San Francisco, California. Another WWII vessel the Mission Santa Ynez, is also being recycled.

The vessels will first be towed to a ship repair facility to be cleaned of marine growth and loose paint, before continuing on to be dismantled in Brownsville, Texas.

The process must be done carefully as many ships of that class are filled with asbestos which has been proven to cause serious illnesses including lung cancer, asbestosis and mesothelioma. The latter two illnesses have no cure and symptoms may not become evident for many years. Approximately 100,000 people in the United States either have died or are predicted to die from asbestos exposure in shipyards.

According to MARAD, when one of their vessels is deemed to be obsolete, the agency makes arrangements to have it disposed of in an environmentally friendly manner.

If you’ve worked in a shipyard and believe you may have been exposed to asbestos, there are many attorneys experienced in this field that can help.

Source: Maritime Administration press release

Pirates make big return to Gulf of Aden

Wed, 30 Dec 2009 08:00:00 EST

Somali pirates took down two ships Tuesday. One of the attacks was the Gulf of Aden’s first hijacking in almost six months.

St. James Park, a British flagged chemical tanker, was attacked in the Internationally Recognized Transit Corridor (IRTC), a causeway that is patrolled by an international naval force. It’s one of the world’s busiest shipping lanes with nearly 20,000 vessels passing through each year.

According to EU Naval Force spokesman Cdr. John Harbour, 26 crew members are aboard the vessel and they hail from Bulgaria, Georgia, India, Philippines, Poland, Romania, Russia, Turkey and Ukraine. The ship sent a distress message only after it was hijacked, said Noel Choong of the International Maritime Bureau (IMB) Piracy Reporting Center. That signal went to a rescue coordination center in Piraeus, Greece, where it was broadcast to the shipping industry.

The ship, which was running from Spain to Thailand, was last reported to be heading to the northern coast of Somalia.

Just three hours after the St. James Park was hijacked, a Panamanian flagged ship with 19 crewmembers was hijacked off southern Somalia.

The IMB reports that there have been 214 pirate attacks near Somalia this year with 47 vessels hijacked.

Source: Associated Press

Pirates make big return to Gulf of Aden

Tue, 29 Dec 2009 08:00:00 EST

Somali pirates took down two ships Tuesday. One of the attacks was the Gulf of Aden’s first hijacking in almost six months.

St. James Park, a British flagged chemical tanker, was attacked in the Internationally Recognized Transit Corridor (IRTC), a causeway that is patrolled by an international naval force. It’s one of the world’s busiest shipping lanes with nearly 20,000 vessels passing through each year.

According to EU Naval Force spokesman Cdr. John Harbour, 26 crew members are aboard the vessel; they hail from Bulgaria, Georgia, India, Philippines, Poland, Romania, Russia, Turkey and Ukraine. The ship sent a distress message only after it was hijacked, said Noel Choong of the International Maritime Bureau (IMB) Piracy Reporting Center. That signal went to a rescue coordination center in Piraeus, Greece, where it was broadcast to the shipping industry.

The ship, which was running from Spain to Thailand, was last reported to be heading to the northern coast of Somalia.

Just three hours after the St. James Park was hijacked, a Panamanian flagged ship with 19 crewmembers was hijacked off southern Somalia.

The IMB reports that there have been 214 pirate attacks near Somalia this year with 47 vessels hijacked.

Source: Associated Press

Pirates make big return to Gulf of Aden

Tue, 29 Dec 2009 08:00:00 EST

Somali pirates took down two ships Tuesday. One of the attacks was the Gulf of Aden’s first hijacking in almost six months.

St. James Park, a British flagged chemical tanker, was attacked in the Internationally Recognized Transit Corridor (IRTC), a causeway that is patrolled by an international naval force. It’s one of the world’s busiest shipping lanes with nearly 20,000 vessels passing through each year.

According to EU Naval Force spokesman Cdr. John Harbour, 26 crew members are aboard the vessel; they hail from Bulgaria, Georgia, India, Philippines, Poland, Romania, Russia, Turkey and Ukraine. The ship sent a distress message only after it was hijacked, said Noel Choong of the International Maritime Bureau (IMB) Piracy Reporting Center. That signal went to a rescue coordination center in Piraeus, Greece, where it was broadcast to the shipping industry.

The ship, which was running from Spain to Thailand, was last reported to be heading to the northern coast of Somalia.

Just three hours after the St. James Park was hijacked, a Panamanian flagged ship with 19 crewmembers was hijacked off southern Somalia.

The IMB reports that there have been 214 pirate attacks near Somalia this year with 47 vessels hijacked.

Source: Associated Press

Pirates make big return to Gulf of Aden

Tue, 29 Dec 2009 08:00:00 EST

Somali pirates took down two ships Tuesday. One of the attacks was the Gulf of Aden’s first hijacking in almost six months.

St. James Park, a British flagged chemical tanker, was attacked in the Internationally Recognized Transit Corridor (IRTC), a causeway that is patrolled by an international naval force. It’s one of the world’s busiest shipping lanes with nearly 20,000 vessels passing through each year.

According to EU Naval Force spokesman Cdr. John Harbour, 26 crew members are aboard the vessel; they hail from Bulgaria, Georgia, India, Philippines, Poland, Romania, Russia, Turkey and Ukraine. The ship sent a distress message only after it was hijacked, said Noel Choong of the International Maritime Bureau (IMB) Piracy Reporting Center. That signal went to a rescue coordination center in Piraeus, Greece, where it was broadcast to the shipping industry.

The ship, which was running from Spain to Thailand, was last reported to be heading to the northern coast of Somalia.

Just three hours after the St. James Park was hijacked, a Panamanian flagged ship with 19 crewmembers was hijacked off southern Somalia.

The IMB reports that there have been 214 pirate attacks near Somalia this year with 47 vessels hijacked.

Source: Associated Press

Jones Act lawsuits filed in mystery Gulf sinking

Sat, 26 Dec 2009 08:00:00 EST

That the vessel Silver Wings sank in the Gulf of Mexico 100 miles off of Grand Isle, Louisiana, is a fact. What’s not known, or at least is not being reported, is the reason why it went down.

The families of two of the victims are suing for justice. In fact, one of the family members is even suing another victim.

Sandra Williams filed a claim this month against employer John Landry, Sr. for the death of her husband Jerry Martinez Williams, the vessel’s captain. Williams claims the vessel was unseaworthy and Landry provided an unsafe workplace. She asks for survivor’s benefits.

The other suit was filed by the son of William Morales, another seaman who drowned on the Silver Wings. Walter Morales is suing not only Landry but also names Williams as responsible for the death of his father.

Neither lawsuit states the cause of the sinking.

Source: Southeast Texas Record

Maersk Alabama crew members file lawsuit

Tue, 22 Dec 2009 08:00:00 EST

Maritime accident attorney Brian Beckcom is representing six crew members of the Maersk Alabama, the U.S. flagged ship hijacked by Somali pirates in April.

The suit filed against Maersk Line Ltd., the operator, and Waterman Steamship Corp., the crewing company, alleges physical and mental damages and loss of income.

The mariners charge Maersk failed to adequately provide for self defense before transiting through deadly waters.

"Maersk made a conscious decision, despite going into pirate-infested waters, not to provide any meaningful security for its workers." said Beckcom. "Instead they'd just rely on the taxpayers and U.S. military to bail them out after the fact."

On Wednesday, November 18, 2009, the vessel was attacked by pirates off of East Africa for the second time in seven months. This time, the crew members successfully fended off the attackers when armed guards returned gunfire. The vessel did not carry armed security during the first attack.

Offshore Oil Rig Workers Protected by the Jones Act

mindywein@cox.net (Blog Author)23783 — Mon, 21 Dec 2009 08:00:00 EST

Most people are aware of the fact that the United States is one of the top oil producing countries in the world. As a matter of fact, there are an estimated 1,828 oil rigs in the country. However, with that amount of oil rigs comes the risk of injury for those who work on oil rigs. As you are probably aware of, working on an oil rig can be dangerous and lead to serious, life-altering injuries.

There are many causes of offshore accidents. Numerous accidents are caused by equipment failure, poor training, exposure to chemicals and unsafe working conditions, to name a few. A lot of times, maritime workers suffer injuries as a result of negligence on the part of someone else, including the vessel owner.

A serious oil rig accident can have major ramifications for a maritime worker. The injury may prohibit the worker from performing work duties. It may even lead to a possible loss of wages and high medical bills.

It is important that all maritime workers, especially those who work offshore, to understand that there are federal laws that help protect them if they have been injured in an offshore accident. The Jones Act is a federal law that allows injured seamen to pursue compensation for their maritime accidents.

If you or someone you know has been injured while working offshore, you should contact an experienced maritime accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

The Insurance Company May Try to Lower the Value of Your Maritime Injury Claim

mindywein@cox.net (Blog Author)23592 — Thu, 17 Dec 2009 08:00:00 EST

The insurance company is in the business of making money, which is why it will look for ways to hold onto as much cash as possible. What does that mean for injured maritime workers? It means that the insurer will employ tactics to attempt to reduce the value or even deny maritime accident claims.

If you have been injured offshore, don’t expect the insurance company to offer you what your claim is worth. Also, don’t be surprised if the company doesn’t look out for your best interests – after all, the company doesn’t want to be liable for your injuries.

Insurance companies and employers often use tactics to try to trick maritime workers. For example, if you are injured in an offshore accident, you may be asked to give a recorded statement and may be told that it just a part of the investigation. The truth is, the insurance company is hoping you will say something that will give a reason to either deny or undervalue your maritime injury claim.

Your employer may tell you that you need to see the company doctor. Understand that you get to choose your own physician. If the company is looking for ways to minimize your claim, going to the company doctor could actually hurt your chances of recovering a reasonable settlement.

For more information on this topic, read the article titled, Four Tactics the Insurance Company Will Use to Try to Trick You.

Have You Been Injured in a Tanker Accident?

mindywein@cox.net (Blog Author)23591 — Thu, 17 Dec 2009 08:00:00 EST

Working on the sea can put you in danger of suffering a serious maritime injury. Tanker workers are exposed to hazards on a daily basis, such as dangerous sea conditions, unpredictable weather, defective equipment, fires, explosions, harmful chemicals and malfunctioning machinery.

If you have been injured on a tanker, you may be able to file a Jones Act claim, which would entitle you to compensation for your maritime injuries. The Jones Act is a federal law that allows injured seamen to recover damages for their injuries that resulted from negligence on the part of the vessel owner, crew, captain or operators.

The company and its insurance company may look for ways to minimize your tanker accident claim. You may be asked to sign papers or give a recorded statement. Don’t do anything until you speak with an experienced Jones Act lawyer who will be able to explain your legal rights following a tanker accident. You don’t want to do something that could negatively impact your chances of recovering money for your injuries.

Contact a Jones Act attorney at the Houston Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800 for a free legal consultation.

For more information about this subject, read the article, Tanker Accidents and the Jones Act. Also, be sure to order your copy of Houston Maritime Lawyer Brian Beckcom’s maritime injury book, Insider's Guide to Winning Your Maritime Injury Case. This book is controversial and it is one that the insurance companies do not want you to read.

Seaman's Rights in a Tugboat Accident

mindywein@cox.net (Blog Author)23590 — Thu, 17 Dec 2009 08:00:00 EST

A tugboat accident can lead to severe injuries and permanent disability. Tugboat and towboat crewmembers work in an unpredictable environment that contains too many hazards to count. Defective equipment, vessel collisions, slippery surfaces and poor training can all result in a major maritime accident.

If you have been injured on a tug or tow, you need to be aware of your rights under the Jones Act. This federal law allows you to recover monetary damages for your injuries when negligence caused your tug accident. The compensation from a Jones Act claim can be substantial and may include damages for pain and suffering, disfigurement, mental anguish, medical expenses and lost income.

You should contact an experienced Jones Act attorney who will be able to explain your legal rights following a tugboat or towboat accident. It is crucial that you don’t sign anything before consulting with a maritime lawyer, as you could hurt your chances of recovering the money you deserve. Contact the Houston Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800 today.

For more information about this subject, read the article, Tugboat Accidents and the Jones Act. Also, be sure to order your copy of Jones Act Lawyer Brian Beckcom’s controversial book, Insider's Guide to Winning Your Maritime Injury Case. It is a book about maritime injury cases that the insurance companies do not want you to read.

What You Should Know if your are Injured in a Barge Accident

mindywein@cox.net (Blog Author)23283 — Sat, 12 Dec 2009 08:00:00 EST

As you know, working on a barge can be dangerous and can lead to a serious maritime accident. Some of the dangers barge workers face include dirty bull rails, slippery surfaces and poorly maintained equipment.

Part of the problem with accidents on barges is the fact that these types of accidents can be catastrophic, leading to life altering injuries. Along with the volatility of the sea, barge workers are working with heavy equipment in unpredictable environments. If certain safety measures are not taken, including properly trained crews, barge accidents can be serious and can even be fatal.

Some of the common types of injuries barge workers experience are back injuries, neck injuries, broken bones, spinal cord injuries and head trauma. All these injuries can be life changing.

Many of these injures are preventable. Barge injuries frequently occur due to negligence on the part of someone else, including vessel owners.

All maritime workers should know that there is a federal law that protects seamen. It is called the Jones Act. Under the Jones Act, if you are injured on a barge, you may be entitled to compensation for medical expenses, pain and suffering, mental anguish and other costs associated with your injury.

If you or someone you know has been injured in a barge accident, you should contact an experienced maritime accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

For more information on this topic, read the article Barge Accidents and the Jones Act.

Did Maersk Alabama captains value fuel cost over value of human life?

Wed, 02 Dec 2009 08:00:00 EST

The Associated Press reports that crew members of the U.S. ship hijacked by pirates in April blame the captain who has been praised as a hero.

"Bottom line, it was the captain's call," said Capt. Larry Aasheim, the vessel’s other master relieved by Capt. Richard Phillips days before the attack.

"I told him there are advisories out recommending that vessels stay off an increased distance. But he's been on that run for a couple of years. If he increased the distance to 600 miles, it adds 1 1/2 days of transit time and a lot of fuel. You've got to think about that," he said.

The AP has obtained information from the computer of the Maersk Alabama showing it had received at least seven maritime warnings of pirate activity in the days before the vessel was hijacked off the Somalia coast.

Ship’s navigator Ken Quinn said he had plotted pirate attacks on the vessel’s course line. Had the vessel changed course just 100 miles further out, “it would've taken us out of the localized area where all the pirates were. That's what they were trying to tell us, to stay away from there," Quinn said.

Read the full AP report here.

Aussie chooses American law firm in claim against drilling company

Wed, 02 Dec 2009 08:00:00 EST

An Australian man has selected Houston, TX based Vujacinovic and Beckcom, LLP to represent his maritime injury case against Frontier Drilling.

The injuries have left the man unable to work, according to Brian Beckcom, his attorney.

“Despite the fact that the negligence of the company is clear, Frontier did not step up and take responsibility,” Beckcom said.

The maritime industry is global and workers often look for lawyers with experience working on cases involving international issues.

“In addition to representing clients from Mexico, the United States and Canada, we also represent clients who were injured or live in places like Saipan, China, India, Dubai, Great Britain, Europe and the Philippines,” Beckcom said.

The client’s name and exact details of the injury are not disclosed at this time.

Company strikes out attempting to exclude evidence in deckhand trainee claim

Mon, 30 Nov 2009 08:00:00 EST

A Louisiana federal court has ruled against the defendant’s attempts to exclude evidence and witnesses in an injury case recently filed against American Commercial Lines, LLC.

Stewart Stumbaugh suffered leg and ankle injuries while taking a 10 day deckhand training course at American’s facility in Illinois. On the seventh day of the course, while being trained to tighten winches on a barge, Stumbaugh fell while tightening the first one. After receiving medical care, he returned for the final two days of the course but did not return to work for the company.

Stumbaugh’s initial Maintenance and Cure, Jones Act and Unseaworthiness claims were dismissed by a lower court. He re-filed, however, American was overruled in attempting to block the admission of photographs of his ankle; American claimed that the photographs should have been inadmissible because they were improperly withheld during the discovery phase.

American also failed in their attempt to exclude testimony from persons on Stumbaugh’s witness list.

The case is proceeding.

Read more here.

Steering failure disables Greek bulker in Columbia River

Mon, 30 Nov 2009 08:00:00 EST

The Coast Guard is trying to determine what caused the steering gear to fail on a Greek vessel in the Columbia River in November.

The motor vessel Golden Glow was bound for sea carrying over 50,000 tons of grain when one of its steering gear motors mysteriously shut down in the river. Fortunately, the second motor was functional and safely guided the 732-foot vessel to an anchorage site off Tongue Point, Oregon.

International law requires large vessels to maintain two steering systems in case one is disabled.

A Coast Guard cutter dispatched to the scene to observe the ship reported no environmental damage and a motor lifeboat crew deployed for a closer look observed no pollution discharge.

The vessel was ordered to remain at anchor until completed repairs have been certified.

Read more here.

Professional Mariner

Somali pirates strike supertanker bound for U.S.

Mon, 30 Nov 2009 08:00:00 EST

In one of their boldest moves yet, Somali pirates have hijacked a loaded supertanker 800 miles off the African coast.

28 crew members on the Greek flagged Maran Centaurus were taken hostage Sunday. They are comprised of 16 Filipinos, nine Greeks, two Ukrainians and one Romanian, said a spokesman with the EU Naval force.

According to Lloyd’s List, the vessel is a very large crude carrier, also known as a VLCC, with a capacity of over 300,000 tons. With oil trading at around $75 million USD, the cargo’s value is close to $20 million USD.

The situation poses a grave risk to the environment and a major security threat as the ship represents a potential floating bomb, were the terrorists to commit drastic action.

"You're sitting on a huge ship filled with flammable liquid. You don't want somebody with a gun on top of that," said U.K. based piracy expert Roger Middleton.

Of the dozens of hijackings during the past few years, this is reportedly only the second successful one upon an oil tanker. Last year, a Saudi supertanker was held for two months and released after a $3 million ransom was paid.

Read more here.

Associated Press

Flag of convenience operators taking a back seat in defending against piracy

Tue, 24 Nov 2009 08:00:00 EST

The registries of Panama, Liberia, Bahamas and other so-called flags of convenience (“FOCs”) rank among the largest commercial shipping fleets in the world. Yet, they are practically invisible in protecting the ships flying their ensigns against pirate attacks.

FOCs are defined as ships registered in foreign countries in order to avoid taxes and safety regulations.

One of the world’s largest mariner advocacy groups is taking a hard line against ship owners’ failure to defend the lives of their sailors.

In a statement issued this week, the International Transport Workers Federation (“ITF”) has taken a position against sending ships through the pirate infested waters off East Africa unless “exceptional circumstances” are in effect. To send vulnerable ships into deadly waters is a case of willful neglect with potential legal ramifications, the statement reads.

The ITF classifies exceptional circumstances as the following: 1) a vessel transiting alone within close proximity to an armed naval vessel or as part of a convoy or, 2) a vessel is of low risk (high freeboard, high speed, trained crews) with “adequate” defense measures.

While the statement fails to define what such “adequate” measures may be, it strongly opposes arming commercial ships for defense purposes.

"We, and many others, also want to see the end of what's virtually an open secret in shipping that many of the world's largest ship registers have provided not one vessel to patrol an ocean that can only be made safe by an increase in the number of warships needed to aggressively patrol and police it,” said ITF Maritime Coordinator Steve Cotton. “I am not aware of a single flag of convenience country that is acting in this way to protect the ships that are supposedly their responsibility.”

Cotton is correct in his overall assessment of the lack of FOC participation in naval coalitions such as EU NAVFOR (European Union) or CTF 151.

Contributing to the risk is the lack of a uniform international policy of standards for defending commercial ships. While some nations have been proactive in supplying warships to patrol deadly waters, others such as FOCs not only fail to provide escort vessels but are not shy in asking the international community for protection.

When it comes to deploying armed security details, many cut rate carriers stand fast, citing the industry mantra of “escalation of violence” as an excuse not to support such a policy.

Perhaps that position masks the true reason for opposing arming commercial ships: the cost. Estimates to put an eight person armed team aboard a ship for one week run as high as $165,000 USD.

Other arguments against arming ships include liability concerns if crew members are injured or killed as well as innocent fishermen harmed when mistaken for pirates.

The ITF went on to recognize the financial burdens placed upon ship owners in providing shipboard security but cited the legal and moral responsibility in protecting their employees.

According to the International Maritime Organization, between January to September of this year, 160 piracy incidents were reported off the coast of Somalia, including 34 hijacked vessels. Over 450 mariners were taken hostage.

A Knee Injury may be Covered Under the Jones Act

mindywein@cox.net (Blog Author)22178 — Sat, 21 Nov 2009 08:00:00 EST

If you work in the maritime industry, then you are probably aware of the Jones Act, a federal law that is designed to protect your rights. Did you know that you may be entitled to compensation if you suffered a knee injury at work?

An injury to your knee can be serious. It can have a lasting impact on your life including excruciating pain and affect your ability to perform at your job. A serious knee injury usually affects the ligaments and tendons that surround the knee joints, as well as damage the bones and cartilage that make up the joint. Symptoms can include a popping sound, pain, redness, swelling, inflammation, visible deformity and an inability to bear weight on the injured knee.

Knee injuries can occur from slipping on the deck, falling down broken stairs and even through offshore accidents.

A major knee injury can affect your ability to work and may take a long time to recover from. If you have suffered a knee injury offshore you may be covered under the Jones Act and entitled to compensation that may include compensation to cover living expenses and medical treatment.

If you or someone you know has suffered a knee injury while working offshore, you should contact an experienced maritime accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Jones Act May Provide Compensation for an Arm Injury

mindywein@cox.net (Blog Author)22177 — Sat, 21 Nov 2009 08:00:00 EST

Working on the treacherous seas or on an unpredictable oil rig can lead to serious injuries. An arm injury is one of these injuries and is commonly caused by falls. When it comes to working on a vessel, the risk of a fall accident is high. Decks are slippery or oily, stairs are often broken, old ladders and other conditions onboard can create significant hazards.

The medical term, “arm injury,” can refer to a variety of conditions, including an arm contusion, fracture or dislocation. While all of these arm injuries are incredibly painful, some lead to a longer recovery than others.

Some of the warning signs of a serious arm injury include pain, serious bruising, massive swelling, obvious deformity, numbness, weakness and inability to move the arm. A doctor will diagnose an arm injury caused by a maritime accident by examining the injured arm and ordering a diagnostic test, such as an MRI or x-ray. Once the type of injury has been identified, the doctor will recommend the best course of treatment. In some cases, surgery is required to repair the arm.

If you are a Jones Act seaman and have sustained an arm injury, you may be entitled to compensation. For more information regarding your rights, contact an experienced maritime accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800. Also read our article, Arm Injuries and the Jones Act.

Cauda Equina Syndrome & the Jones Act

mindywein@cox.net (Blog Author)22176 — Sat, 21 Nov 2009 08:00:00 EST

Cauda equina syndrome is a medical condition that you probably never heard of until you were diagnosed. It can be caused from spinal cord compression following an injury. Cauda equina syndrome is often serious.

Back injuries are prevalent in the maritime industry, as workers often fall or become injured from heavy machinery or malfunctioning equipment. A broken back or herniated disc can lead to cauda equina syndrome. This condition is very painful and if you are suffering from cauda equina syndrome you may experience pain in your back and both legs. Other symptoms include numbness in the groin area, bowel and bladder problems, muscle weakness and loss of sensation.

Cauda equina syndrome can cause permanent problems, such as paralysis. It is important that medical treatment is pursued immediately when this condition is suspected.

Surgery is usually required to treat cauda equina syndrome and it is recommended that the procedure take place within 48 hours to have the best possible outcome.

If you have suffered from cauda equina syndrome that ultimately resulted from a maritime accident, you may be entitled to compensation under the Jones Act. You should contact an experienced maritime injury lawyer at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800. Also read our article, A Broken Back Can Lead to Cauda Equina Syndrome.

Vessel Explosions Can Lead to Devastating Maritime Injuries

mindywein@cox.net (Blog Author)22175 — Sat, 21 Nov 2009 08:00:00 EST

If you are a seaman or other maritime worker, you face numerous dangers on a regular basis. There is so much unpredictability when it comes to working offshore and unfortunately, many maritime workers are victims of catastrophic accidents, including explosions.

There are many factors that can lead to an explosion offshore, including chemicals, flammable cargo and malfunctioning equipment and machinery. An offshore explosion can cause devastating burn injuries that are often fatal.

Burns are classified into four different degrees, with fourth degree burns being the worst. An explosion on an offshore rig or other vessel may cause any severity of burns. Many burn victims experience permanent scaring and disfigurement.

Burns are some of the most painful injuries and there is generally a lengthy recovery period. Some times complications follow a severe burn, which places the victim in danger all over again. Possible complications include infection, tetanus, circulation problems and acute tubular necrosis of the kidneys.

If you or someone you love has been the victim of a vessel explosion, you need to speak with an experienced maritime attorney who will be able to determine what caused the accident and if compensation is available. For more information, contact the Houston Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800. Also read our article, Vessel Fires That Cause Injuries.

Somali pirates attack Maersk Alabama a second time

Thu, 19 Nov 2009 08:00:00 EST

Crewmembers file lawsuit against the company

Unlike the first time the Maersk Alabama was attacked off the Horn of Africa, the vessel carried arm guards.

Unlike the first attack in April, the vessel averted a hijacking.

The use of armed security and a high decibel sound device reportedly helped deter a second pirate attack Wednesday off the east coast of Africa.

According to an Associated Press report, four pirates attacked the U.S. flagged ship, opening fire from 300 yards away.

However, the pirates abandoned their attack after the vessel's security guards returned fire and deployed a "long range acoustic device," also known as an LRAD, which emits an ear-splitting sound of up to 140 decibels.

Meanwhile, crewmembers aboard the vessel during the April hijacking have filed a lawsuit against Maersk Line Ltd. and Waterman Steamship Corp. for alleged failure to adequately defend the ship in known pirate infested waters.

Attorney Brian Beckcom of law firm Vujacinovic and Beckcom of Houston, Texas is representing six crewmembers in that suit.

Source: The Huffington Post

Have You Suffered a Herniated Disc While Working Offshore?

mindywein@cox.net (Blog Author)21612 — Wed, 11 Nov 2009 08:00:00 EST

Perhaps you are experiencing severe pain, numbness or weakness in the back area. This pain could be caused by a herniated disc, which many seamen and other maritime workers suffer as a result from working offshore.

A major problem from a herniated disc, aside from the excruciating pain, is the effect it can have on almost every aspect of your daily life. It can affect your ability to do your job as well as impact everyday tasks, from holding your kids to taking out the trash to driving a car.

A herniated disc can be caused from just about any regular mundane activity on the job that causes wear and tear on the disc. Many offshore workers are injured by falling while onboard a ship or a platform. This type of maritime accident can severely injure the back.

Regardless of the cause, a herniated disc can be very painful and can impact you in profound ways. You should note that there are options available to treat a herniated disc, including surgery. If you are experiencing back pain as a result of your job, you should seek medical advice immediately. You should also be aware that you have rights.

If you or someone you know has been injured while working offshore, you should contact an experienced maritime accident attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Master, overloading cited in death of four crewmembers in North Atlantic

rawlins2007@yahoo.com (Blog Author)21369 — Sat, 07 Nov 2009 08:00:00 EST

A submerged load line. The master ordering excessive cargo weight. Erroneous draft records. Steering failure.

These are some of the details in a report from an official French government maritime agency report regarding the roll over of a cargo vessel off Newfoundland in December, 2008.

On that day, the four crewmembers of the 118-foot Cap Blanc died when the vessel capsized in rough seas.

The Cap Blanc was carrying bags of de-icing salt from Argentia, Newfoundland to the French Islands of Saint-Pierre and Michelon. According to the report, the Cap Blanc's master exceeded the initial cargo order of salt by nearly 15%. The draft reportedly by the master was ruled as clearly "erroneous."

Read more here...

Source: Professional Mariner

Two tug workers rescued in Lake Pontchartrain storm

rawlins2007@yahoo.com (Blog Author)21368 — Sat, 07 Nov 2009 08:00:00 EST

A powerful storm this summer swamped a tug near New Orleans.

30 knot winds and seven foot seas kicked up late afternoon on Lake Pontchartrain, Louisiana, overtaking the 48 foot Capt. Mark. one mile northeast of Lakefront Airport.

As the vessel listed, a call went out to Coast Guard Station New Orleans. They promptly dispatched a five crew rescue boat.

The tug's two crewmen were rescued just before the tug capsized and went under.

The 600 foot barge it had been pushing broke free and was safely controlled by the Miss Laurie, another tug.

A boom was deployed around the site and only a mild sheen was noticed.

Bertucci Brothers owns the Capt Mark, which was salvaged and taken to dry dock for a "complete overhaul."

No injuries were reported.

Source: Professional Mariner

Ship leaking oil into Gulf

rawlins2007@yahoo.com (Blog Author)21367 — Sat, 07 Nov 2009 08:00:00 EST

Pollution responders remain at the scene of a 12,000 gallon bunker fuel discharge from a vessel in the Gulf of Mexico.

The oil is leaking through a reported five centimeter hole about five feet below the waterline of the motor vessel Pac Alkaid, which is anchored 10 miles from Southwest Pass.

A sheen has washed up on the rocks of the Southwest Pass jetty. The Coast Guard and O'Brien's Response Management are on site containing and cleaning the discharge. The cause of the hole in the vessel's starboard fuel tank is unknown. The Pac Alkaid has a 120,000 gallon fuel oil capacity.

The vessel reported the discharge to the Coast Guard at 2:00 a.m. when it was anchored about five miles from the jetty. The Coast Guard later ordered it relocated further out after winds pushed the sheen onto shore.

Barges collide near St. Louis

rawlins2007@yahoo.com (Blog Author)21366 — Sat, 07 Nov 2009 08:00:00 EST

A section of the Mississippi River near St. Louis remained closed to recreational and commercial traffic following a major barge collision early this month.

Two barges sank and 13 were adrift when the towing vessel Cindy Celeste collided into the McArthur Railroad Bridge near the downtown area just before noon. Two of the barges, which carried coal, remained wedged against the bridge while the other 13 were controlled safely.

Traffic remained closed between mile marker 179.2 and mile marker 178 pending further investigation.

Source: Professional Mariner

Coast Guard suspends search for missing barge worker in Chesapeake Bay

rawlins2007@yahoo.com (Blog Author)21365 — Sat, 07 Nov 2009 08:00:00 EST

A Maryland man remains missing after falling off a barge into Chesapeake Bay earlier this month.

The search was called off for 49-year old Gregory Lucket of Pasadena, Maryland, who reportedly fell off the back of a 25 foot barge near the mouth of the South River in the upper Bay.

The first emergency calls were received at Coast Guard Sector Baltimore at 4:05 p.m. Rescue units deployed to the scene included Coast Guard, Maryland State Police and Anne Arundel County. At least three helicopters along with vessels searched a 60 mile square mile area throughout the night and into following morning before the search was called off.

The incident remains under investigation.

Speed and human error cited in LA barge crash

Tue, 03 Nov 2009 08:00:00 EST

Excessive speed is being blamed as the cause of a barge smashing into the Downtown Marina in Houma, Louisiana.

The Coast Guard reports that the Marquette Transportation vessels should have been maneuvering by twin-span bridges at less than two knots but were going twice as fast.

The barges smashed into pilings on both the east and west banks of the Gulf Intracoastal Waterway, damaging the bulkhead and marina bayou overlook. Marquette Transportation is expected to pay for the repairs, estimated between $150,000 and $175,000.

According to the Coast Guard, both tug captains failed to reduce speed, but will not take action against them. Their names have not been released.

Source: Daily Comet

Crewmember missing and three rescued in Mobile Bay

rawlins2007@yahoo.com (Blog Author)21069 — Tue, 03 Nov 2009 08:00:00 EST

The Coast Guard is investigating why a tugboat partially sank in the early morning hours in Mobile Bay.

The Capt. Larry Barkins took on water outside the navigation channel near Fowl River. A call for help went out at approximately 3 a.m.

A rescue helicopter launched from Coast Guard Station New Orleans rescued three crewmembers from the vessel and transported them to Coast Guard Aviation Training Center in Mobile, Alabama.

The survivors said that another crewmember went into a 14-foot aluminum skiff with no engine.

That person was still at large at last report.

Search and rescue vessels from the Coast Guard and Mobile County Sheriff's Office were continuing search efforts.

Source: Professional Mariner

Cause of Gulf helicopter crash unknown

Tue, 03 Nov 2009 08:00:00 EST

Two men were pulled out of the Gulf of Mexico on November 1st after their helicopter crashed on takeoff from an oil platform.

The pilot and a passenger were rescued by the crew of the offshore supply vessel Amy Louis. A Coast Guard MH-65C Dolphin helicopter flew from Coast Guard Air Station Houston late morning to the scene approximately 75 miles southeast of Galveston.

The chopper transported the two men to the University of Texas Medical Branch at Galveston, were they were hospitalized with critical back injuries.

Rotorcraft is the leasing company of the downed helicopter. Gerry Golden, the company operations director, says the men suffered non-life threatening injuries.

The accident's cause is being investigated.

Source: Houston Chronicle

Helicopter crashes into Gulf; two hospitalized with severe back injuries

Tue, 03 Nov 2009 08:00:00 EST

The cause of a helicopter crash in the Gulf of Mexico remains under investigation.

The Coast Guard received a call at 10:50 a.m. on November 1 from Rotorcraft, a helicopter leasing company.

They were notified that one of Rotorcraft's helicopters crashed during takeoff from rig number 442A, about 75 miles south of Galveston.

The aircraft went into the water carrying its pilot and a passenger. The helicopter deployed its floats.

A nearby supply boat rescued the two men, who were transported by Coast Guard helicopter to the University of Texas Medical Branch for treatment of critical back injuries.

Source: The Police News

Two medevaced from Gulf helicopter crash

Tue, 03 Nov 2009 08:00:00 EST

Two men suffered severe back injuries when the helicopter they were riding in crashed in the Gulf of Mexico the morning of November 1st.

The helicopter crashed on takeoff from a platform approximately 75 miles southeast of Galveston.

According to Gerry Golden, operations director for Rotorcraft Leasing Co., which serves the oil and gas industry, the aircraft was en route to another platform when it crashed.

The helicopter went into the water and its floats deployed.

An offshore supply boat rescued the pilot and a passenger. They were later transported to the University of Texas Medical Branch by Coast Guard helicopter.

The cause of the crash remains under investigation.

Source: Houston Chronicle

Greek master gets prison time and barred from U.S.

rawlins2007@yahoo.com (Blog Author)20205 — Sun, 18 Oct 2009 08:00:00 EST

A Greek captain who pled guilty to oil dumping was sentenced to six months prison followed by four months in a community confinement center in Louisiana.

Panagiotis Lekkas, master of the M.V Theotokos, pleaded guilty to violating the Act to Prevent Pollution from Ships and the Ports and Waterways Safety Act.

He has been ordered to pay a $4,000 fine.

Upon his release from the community confinement center, Lekkas must depart the U.S. within 72 hours and banned from entering the country, its ports and territorial waters for three years.

Source: Professional Mariner Magazine

Casino deckhand injured removing driftwood

Sun, 18 Oct 2009 08:00:00 EST

A Midwest casino boat deckhand is suing his employer for injuries suffered while removing driftwood under the vessel.

David Otten field the suit against Argosy Gaming Corporation, the owner of the Alton Belle Casino out of Alton, Illinois. Otten claims he suffered a fractured vertebrae, herniated disc, medical expenses and lost earnings.

According to the complaint, Otten was ordered to pull driftwood with spike poles from below the vessel from a 16-foot jon boat with a 30 horsepower motor.

The vessel was dockside at the time. The Mississippi River temperature was reportedly 40 degrees and wind was gusting up to 30 miles per hour.

The complaint states that the rough conditions forced the boat into the Alton Belle's stern, knocking Otten backwards and driving his back into a metal tool box on the jon boat.

Otten says there was a safer method for dislodging the driftwood. Under the process of dedrifting, the boat is spun around by a tug boat to remove drift material. The suit claims dedrifting had been used on the vessel several times previously.

Otten charges he should never have been assigned to operate the boat in unstable conditions and that the boat was not properly secured to the stern.

He is seeking $100,000 plus costs.

Source: The Madison St. Clair Record

Tug worker falls to death in Houston Ship Channel

Sun, 18 Oct 2009 08:00:00 EST

A 54-year-old man fell to his death in a recent tug accident in the Houston Ship Channel.

The unnamed victim was found by a co-worker on the lower deck of the tug after apparently falling from a ladder on an upper deck.

He was pronounced dead at the scene by paramedics.

The incident happened in the late evening in the 6000 block of Lakeside Drive.

The Harris County Sheriff's Office has ruled the case an accident.

Source: Houston Chronicle

Lessons to be learned from Northeast ferry fire

rawlins2007@yahoo.com (Blog Author)20202 — Sun, 18 Oct 2009 08:00:00 EST

The Coast Guard has released a safety alert regarding a casualty investigation from a recent fire aboard a passenger ferry.

In the incident, a small engine room fire broke out. As the vessel was near the dock, the Captain ordered the 110 passengers and crew to disembark onto the pier, then activated the engine room CO2 system, which extinguished the fire.

The local fire department arrived and discovered the engine's exhaust insulation smoldering.

Investigators believe the fire started when fluid leaking from the fuel oil filter ignited after spraying onto the exhaust piping.

According to an investigation, the CO2 system worked effectively and all dampers closed properly. However, some of the external moisture eliminator filters were severely damaged.

A leaking pipe fitting attached to the filter is suspected of being at fault.

According to 46 CFR 116.610 (B), "a ventilation duct, and materials incidental to installations must be made of noncombustible material."

The safety alert stresses the need to be aware of potential risk of improper use and installation of insulation.

For the full Coast Guard Safety Alert, click here.

Source: Professional Mariner

Man dies in boat capsizing near Hampton Roads, VA

Sun, 18 Oct 2009 08:00:00 EST

A 55-year old man died early this month when his 18-foot boat capsized near Hampton, Virginia.

James Newsome of Knightdale, North Carolina did not survive the incident. He and three others went into the water in mid-day a mile east of Fort Monroe. The four were pulled out of the water by people in two other boats. The three survivors were treated in a local hospital for minor injuries and released.

A tug and barge were reportedly involved in the incident but the exact cause of the capsizing is still unknown, say investigators.

Source: The Virginian Pilot

Shipyard Workers At Risk From Abrasive Blasting

mindywein@cox.net (Blog Author)20155 — Fri, 16 Oct 2009 08:00:00 EST

While abrasive blasting is a common technique used in the shipyard to remove old paint, rust, mill scale, dirt and salts off vessels, it is believed to cause serious illnesses, including cancer. Workers who conduct abrasive blasting are at risk, but so are other shipyard employees who are in or around areas where this activity has taken place.

When abrasive blasting is used, it can cause harmful air contaminants, including such things as aluminum, chromium, copper, zinc, lead and other toxins. It is these air contaminants that can result in grave medical conditions.

A wide range of health problems may be caused by exposure to air contaminants from abrasive blasting. The list of adverse medical conditions is extensive and includes such illnesses as skin cancer, lymphatic cancer, prostate cancer, lung cancer, vascular disease, lung disease, emphysema, peripheral neuropathy and pulmonary fibrosis.

If you are a shipyard employee who has become ill from abrasive blasting or have been injured in a shipyard accident, you do have legal rights and should recover compensation for your injuries. Contact the experienced Houston maritime attorneys at Vujasinovic & Beckcom P.L.L.C. at 713-224-7800 or 877-724-7800 for more information.

Do not sign anything without consulting a lawyer after an offshore helicopter crash

Fri, 16 Oct 2009 08:00:00 EST

Whether you are injured or are the surviving relative of someone who was tragically killed in a crash, what you do immediately after the accident can have a huge impact on the rest of your case.

Do not sign anything without first consulting an attorney. Many times insurance companies will tell you that you are required to sign a medical authorization, so that they can have access to your medical records related to the helicopter crash.

What many people do not realize, however, is that the authorization gives the helicopter company and the insurance company access to all of your records - even those ones that are not directly related to the crash.

The insurance company can then use preexisting medical conditions against you during your claim.

If you or someone you know has suffered injury in a maritime helicopter accident while on the job, contact maritime injury attorney Brian Beckcom immediately at 877.724.7800.

Maritime Work is Dangerous

Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety. That's why we've dedicated our time to putting out free information for workers

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier? In addition to our websites, please take a moment to read the following articles:

1. How to hire the best lawyer for your Jones Act or offshore injury case

2. How much is my Jones Act, maritime injury, or offshore injury case worth?

3. What is the Jones Act?

4. How to wreck your Jones Act case

5. Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6. What is a Longshoreman and What Are Their Legal Rights When Injured?

7. The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8. The Truth About Offshore Injury Claims.

9. What Should You Do If You Are Injured Offshore

10. What you should know if you were hurt offshore and your employer is giving you a hard time

11. Should I give my employer or the insurance company a "recorded statement?"

12. Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13. What happens when you file a Jones Act lawsuit.

14. 6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases. If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Montana State Senator charged in boat accident that injured U.S. Congressman

Sun, 11 Oct 2009 08:00:00 EST

Montana Senator Greg Barkus has been charged with three felonies after allegedly driving a boat under the influence of alcohol and causing a crash in August on Flathead Lake in Montana.

Injured in the crash were Barkus, his wife, U.S. Congressman Denny Rehberg and two staff members. One of the staffers, Dustin Frost, suffered a severe brain injury.

According to charging documents, a blood test almost two hours after the nighttime accident showed that Barkus had a blood alcohol content of 0.16, double the legal limit.

Witnesses reportedly said that Barkus drank two drinks of Scotch followed by an unspecified number of drinks of red wine at a restaurant earlier that evening.

According to documents, Barkus seemed to be confused about which way the boat was headed while traveling over 40 miles per hour.

The boat then crashed into the rocky shoreline.

In 2004, Barkus was reportedly pulled over by Montana State Police for drunk driving. He pled guilty to the reduced charged of reckless driving.

Barkus is charged with felony criminal endangerment and two counts of felony negligent vehicular assault. Each count carries a maximum 10 years and $100,000 fine.

Settlement reached in offshore mariner's $5 million Jones Act suit

Sun, 11 Oct 2009 08:00:00 EST

A crewmember who had worked aboard a pipelaying barge in the Gulf of Mexico has settled his injury lawsuit through mediation instead of through the court.

Jacob Robichaux had been seeking $5 million for physical, mental and emotional pain and suffering, plus medical expenses and loss of wages.

While working aboard the vessel Midnight Rider in April, 2006, Robichaux alleges that he suffered injuries to his neck, back and mind due to unseaworthy conditions.

Causes claimed included unsafe vessel operation, failure to properly instruct the crew and lack of proper equipment.

The defendants named were Helix Energy Solutions Group, Cal Dive International and Mariner Energy, Inc.

The amount of the settlement was not disclosed.

Source: Southeast Texas Record

Mariner files Jones Act suit for unsafe workplace

Sun, 11 Oct 2009 08:00:00 EST

Citing unspecified career-ending injuries, a Jefferson County, Texas mariner is suing his employer for failing to provide a safe working place.

Jorge Ayala, plaintiff, blames Global Industries Offshore, defendant, and co-defendant Hercules Offshore, the vessel operator, for an unseaworthy vessel and lack of proper supervision on board.

According to the suit, his employer has not paid maintenance and cure.

Ayala alleges pain and mental anguish and seeks lost wages, punitive damages, attorney's fees, medical expenses and other relief.

Source: Southeast Texas Record

Heavy oil spill in Houston Ship Channel under investigation

Sun, 11 Oct 2009 08:00:00 EST

While recently trying to negotiate a turn near the Loop 610 bridge, the 458 foot tanker Chemical Supplier hit a barge moored to a pier. The collision put a two to four foot gash five feet above the ship's waterline.

As a result, 10,500 gallons of heavy fuel oil spilled into the Channel. The Coast Guard closed the section between Old Mancheser Dock Three and City Dock 27 for three days.

At last report, 51,653 gallons of oil and water mix have been collected in the ongoing recovery effort.

Source: Houston Chronicle

Oil spill closes section of Houston Ship Channel

Sun, 11 Oct 2009 08:00:00 EST

A 10,500 gallon heavy fuel oil spill recently closed the Houston Ship Channel for two days between Old Manchester Dock Three and City Dock 27.

The incident took place after the Chemical Supplier, a 458-foot tanker, collided with a barge tied to a pier after attempting to negotiate a turn near the Loop 601 bridge.

The vessel suffered a gash up to four feet long a few feet above the water line.

Clean up continues and at last report just over 50,000 gallons of an oil and water mix have been recovered.

Source: Houston Chronicle

Misconduct by Crew Can Lead to Injuries

mindywein@cox.net (Blog Author)19814 — Sat, 10 Oct 2009 08:00:00 EST

Within the maritime industry, there is something known as barratry. Barratry can be defined as a fraudulent act or misconduct by the ship’s master or crew and can lead to injuries. What does that mean for you? If you are a seaman and were injured by negligence on the part of the captain or crewmembers, you can pursue compensation for your injuries.

Some examples of barratry in the context of maritime include deserting the ship, illegal scuttling, theft on the vessel and cargo theft.

The Jones Act is a federal law that provides legal protection for injured seamen. Under the Jones Act, you can pursue monetary damages for your injuries if negligence caused your maritime injury. Compensation can include medical expenses, lost wages, pain and suffering, mental anguish, disfigurement and other damages.

There are deadlines as to when you can file a Jones Act claim for your maritime accident or injuries. It is imperative that you contact an experienced Houston maritime attorney right away. You should not sign anything or give a recorded statement regarding your injuries until you speak with a maritime lawyer.

Contact the maritime attorneys at the law offices of Vujasinovic & Beckcom at 713.224.7800 or 877.724.7800 for a free legal consultation.

Towing vessels collide along Texas Gulf coast

rawlins2007@yahoo.com (Blog Author)19467 — Sat, 03 Oct 2009 08:00:00 EST

The Coast Guard is investigating a recent collision between two towing vessels near mile marker 312 on the Intracoastal Waterway near Port Arthur, Texas.

The two vessels were the CAROLINE and MISS STACIE. Both were pushing barges. The CAROLINE started taking on water.

Fortunately, another towing vessel in the area named REDEEMER rescued the CAROLINE's five crewmembers. But REDEEMER wasn't finished with her heroic actions.

After rescuing the crewmembers, she then assisted in controlling the CAROLINE'S five barges.

Efforts are underway to salvage the CAROLINE, which ended up partially submerged.

Fisherman's body recovered off Mexican west coast

rawlins2007@yahoo.com (Blog Author)19466 — Sat, 03 Oct 2009 08:00:00 EST

The Coast Guard is investigating the recent capsizing of a fishing boat which claimed the life of one crewmember near the Coronado Islands.

Four other crewmembers survived the incident; two swam ashore and two were picked up by another vessel in the vicinity.

Divers discovered the dead crewman's body aboard the vessel.

The Mexican Navy, Harbor Police and lifeguards joined the Coast Guard in the search.

The Coronados are located near Tijuana.

Court upholds seaman's $ 5.2 million dollar judgement from ladder fall

Sat, 03 Oct 2009 08:00:00 EST

A barge worker who fell off a ladder has been awarded $ 5.2 million by a New York appellate court.

George Brown, plaintiff, suffered undisclosed injuries after an antenna pole he was using as a handrail broke. The accident occurred as Brown was descending from the deckhouse roof, where he had been filling tanks.

Brown sued the Reinaur Transportation Companies for unsafe working conditions and for an unseaworthy vessel. The appellate court's verdict upheld an earlier decision by a lower court that was being contested by Reinaur, which claimed that there was no negligence because the accident occurred on an "unmanned barge."

Mariner seeking 480K in injury case gets $2,420 instead

Sat, 03 Oct 2009 08:00:00 EST

A contract pilot who alleged he injured his knee while boarding his vessel has been awarded less than one-percent of the amount he was seeking.

Phillip Crow, plaintiff, sued Cooper Marine & Timberlands Corporation for unseaworthiness, negligence, maintenance, cure and lost wages.

In August of 2007, Crow, while carrying two 12 packs of drinks, claimed he hurt his knee after slipping while stepping aboard his vessel. Crow claimed he experienced severe pain after hearing what he described as a "pop and grind" sound after the slip. He sued the company for failure to provide proper ingress and egress aboard the vessel.

Crow sought $480,000 in compensation for lost wages and future pain and suffering.

However, the Alabama district court ruled that there was no evidence that his employer acted in bad faith. They also cited Crow's conflicting testimony; in court Crow claimed that after the injury he immediately announced the incident to several crewmembers in the galley.

However, in his deposition he claimed that no one was in the galley.

Thus, he was awarded only $2,420 in maintenance.

Seaman injury lawsuit dropped due to improper venue

rawlins2007@yahoo.com (Blog Author)19463 — Sat, 03 Oct 2009 08:00:00 EST

A federal court has dismissed an injury claim for being filed in the wrong jurisdiction.

Barry Casteel sued his employer, Maryland Marine, Inc, after injuring his lower back while reportedly trying to break up a fight between two other crewmembers aboard the M/V Sandy Point when it was near Baton Rouge, Louisiana.

Casteel claimed that his employer violated Jones Act requirements to provide a safe work place and seaworthy vessel. He also sought maintenance and cure relief.

However, the District Court in Illinois, where the case was heard, dismissed the case because it should never have been filed in that venue, as the employer had no business contacts in the state of Illinois.

The reason the case was heard in an Illinois court is unknown at the present time.

Cruise ship dancer ruled "not a seaman"; loses Jones Act injury claim

Mon, 28 Sep 2009 08:00:00 EST

A ballet dancer injured while rehearsing for his cruise ship performance has had his injury lawsuit dismissed.

Prior to embarkation aboard the Royal Caribbean vessel, Lance Campbell, the plaintiff, suffered undisclosed injuries during a rehearsal performance ashore.

The Fifth Circuit Court of Appeals recently ruled that Royal Caribbean was not held liable for compensation under the Jones Act for two reasons:

1) That Campbell was not a "seaman" because the injury occurred before the ship had sailed.

2) That Campbell's job as dancer did not contribute to the navigation of the vessel.

In it's ruling, the Court of Appeals sided with the lower district court that had previously ruled in favor of Royal Caribbean.

Certain U.S. fishing vessels paying foreign crew 70 cents an hour?

rawlins2007@yahoo.com (Blog Author)19042 — Sun, 27 Sep 2009 08:00:00 EST

According to an article appearing in the noted mariner website GCaptain.com, at least one U.S. flag fishing boat has foreign crewmembers working as virtual indentured servants.

The article contains a letter written by the vessel's captain. It details the story of two Indonesian sailors locked into 24 month contracts for a total income of $7200.00 apiece.

That's $7200.00 total income after two years.

"The sailors on my ship work 15 hours a day, seven days a week," writes Doug Pine, the captain. With 15 hour days and seven day working weeks, "it works out to seventy cents an hour."

Read more here.

Income tax filings tripping up mariners in a big way, part 3

rawlins2007@yahoo.com (Blog Author)19041 — Sun, 27 Sep 2009 08:00:00 EST

The tax code, as it applies to the maritime industry, has been evolving in recent years. Sailors can legally write off such things as meal allowances and port deductions, resulting in substantial refunds.

However, there are some areas lacking universal agreement on interpretation by tax preparers. These disputed areas include:

War Zone Exclusions. According to one well known West Coast tax firm, other firms have been incorrectly filing these writeoffs for years. They claim that merchant mariners are ineligible for such exclusions.

The Military Family Tax Relief Act of 2003. Not all tax preparers claim this because some firms allegedly have not kept up with new rules.

Foreign Earned Income Exclusion. Tax industry opinions differ as to whether working on international waters constitutes working in a foreign country.

One reliable piece of advice: mariners should save all work related receipts and keep a daily travel log.

(This article in no way provides advice or makes recommendations for tax preparation. Mariners should always consult a qualified tax advisor knowledgeable on maritime filing laws.)

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Income tax filings tripping up mariners in a big way, part 2

Sun, 27 Sep 2009 08:00:00 EST

Sea lawyers have existed probably since before Julius Caeser prowled the Mediterranean hunting down bands of Cilician pirates.

But while citizens were told to "render under Caeser," it is unlikely that any sea lawyers were dispensing maritime tax advice among their fellow galley oarsmen. For there is no evidence of per diem deductions, war zone exclusions or "foreign earned income inclusions" being authorized in the Roman Era.

In the 21st century, sea lawyers have added "tax expert" to their rather sketchy bag of all knowing areas of expertise.

However, even when these self-anointed know-it-alls happen to be correct with their stories of $10,000 refunds, many of their shipmates flee to their staterooms when hearing about these stories.

That's because they've heard too many stories of fines and prison time for other sailors who filed for a big refund but struck out with the IRS. According to some tax authorities, some of those convicted for tax fraud or evasion ended up in trouble from following wrong advice of those who are supposed to be trained to know better.

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Income tax filings tripping up mariners in a big way, part 1

rawlins2007@yahoo.com (Blog Author)19039 — Sun, 27 Sep 2009 08:00:00 EST

(This article in no way provides advice or makes recommendations for tax preparation. Mariners should always consult a qualified tax advisor knowledgeable with maritime filing laws.)

There's a story making the rounds of U.S. flag ships about a group of seafarers who got nailed with steep IRS penalties after claiming they were tax exempt because they lived and worked almost exclusively outside of the country.

"Wrong," the IRS reportedly said. "According to our information, you've been sharing a residence in Washington State, not in your homeland, as you claim."

Whether this story is accurate or not, it effectively brings attention to the tax dangers mariners risk, whether through intentional tax cheating, misunderstanding the code or being misled by a preparer.

The moral of this article should be: keep good records and seek out a qualified tax adviser. The first part-good records-is universally agreed upon.

However, when some of the country's top recognized maritime tax firms are pointing the finger of misleading their clients and leading them to fines and prison time, the advice of finding a knowledgeable adviser might be easier said than done.

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Non-residents allowed right to work in U.S. coastwise trade

rawlins2007@yahoo.com (Blog Author)18742 — Mon, 21 Sep 2009 08:00:00 EST

Under a new rule, the Coast Guard may issue merchant mariner documents to non-resident aliens for large coastwise passenger vessels.

The John Warner National Defense Authorization Act, or Warner Act, applies strictly to steward's department workers. The rule was made official after being implemented on an interim basis in 2007.

Read more about the rule here.

Cancelled changes to offshore industry a blow to Jones Act supporters

rawlins2007@yahoo.com (Blog Author)18741 — Mon, 21 Sep 2009 08:00:00 EST

The head of the leading U.S. offshore trade association is mum on the federal government's decision to scrap proposed sweeping changes to the Jones Act.

Ken Wells, president of the Offshore Marine Service Association (OMSA), had no initial comment on the decision by Customs and Border Patrol (CBP) to cancel changes that would have revoked current Jones Act exemptions in areas including diving support work, cable and pipe-laying.

Much of this work is currently carried out under exemptions by foreign crews on foreign vessels. However, the proposal would have required it to be carried out by vessels registered and constructed in the U.S. with 75% percent of the crews being U.S. citizens.

The OMSA has been a major supporter of the proposed changes, which were recently scrapped after what the CBP termed were "several substantive comments" filed during a public comment period.

Source: Daily Fairplay News

Proposed Jones Act changes being scrapped

Mon, 21 Sep 2009 08:00:00 EST

The U.S. Customs and Border Protection (CBP) is withdrawing proposed changes to the Jones Act.

The CBP announced in July plans to significantly amend interpretation of rules for vessels transporting offshore oil and gas equipment. This would have revoked current Jones Act exemptions in areas including diving support work, cable and pipe-laying.

The proposal left the U.S. offshore sector scrambling to replace foreign crews with Americans, had the changes become implemented.

However, citing "several substantive comments" among almost 150 received during a public comment period that recently expired, CBP decided not to proceed with the changes.

The agency says it will produce a new proposal on offshore changes to the Jones Act "in the near future."

Presently, over 80-percent of this work is carried out on non U.S. flagged vessels.

According to the International Marine Carriers Association, at least five years would be required to provide an adequate number of U.S. vessels to meet the new CBP standards.

Source: Daily Fairplay News

Vessel owner not held liable for longshoreman's injuries

rawlins2007@yahoo.com (Blog Author)18671 — Sun, 20 Sep 2009 08:00:00 EST

A stevedore who suffered serious injuries due to poor lighting aboard a ship did not prevail in his claim against the vessel's owner.

Michael Foley and his wife sued National Navigation, an Egyptian company, for negligence after the accident that took place aboard the M.V. Wadi Alarish.

Foley's duties on the night in question included discharging steel slabs. At some point during the evening, Foley slipped and fell, resulting in fractures to his face, skull, hip, knee, shoulders and ankle.

Foley's wife joined the suit, claiming loss of support and companionship, among other things.

Foley claimed that National Navigation failed to provide adequate lighting.

The U.S. Federal Court supported National, citing that Kinder Morgan, Foley's employer, had a duty to ensure adequate lighting.

Read full case here.

Legal rules different for commercial and free divers

rawlins2007@yahoo.com (Blog Author)18670 — Sun, 20 Sep 2009 08:00:00 EST

"Pennsylvania Rule" sets the precedent

A lack of gear is not the only way free diving differs from commercial diving. There are also different protections under the law.

Under admiralty law, commercial divers are defined as those donning self contained breathing apparatus, also known as scuba gear. Free divers do not fall into this category.

Under the so-called "Pennsylvania Rule," the ship owner is presumed to be responsible if a vessel fails to follow regulations aimed at preventing accident or injury.

These regulations generally apply to navigational accidents and collisions.

In a case recently decided in Federal Court, the owner of a whale watching boat in Hawaii was found not liable for the hearing damage suffered by a deck hand during a 46 foot free dive. The diver sued his employer under the Pennsylvania Law, citing the lack of a diving operations manual on the vessel.

However, the Court ruled that the requirement for an operations manual only applied to commercial-and not free-divers.

Read full case here.

Hawaiian diver suffers hearing loss; loses lawsuit

Sun, 20 Sep 2009 08:00:00 EST

The Ninth Circuit Court of Appeals recently upheld a lower court verdict in favor of the owner of a Hawaii whale watching vessel after a diver suffered ear damage during a dive.

Christopher MacDonald brought the suit against Kahikolu, Ltd. MacDonald, while working as a lifeguard and deckhand aboard the Frogman II, was also an experienced diver and would sometimes conduct free dives as part of the job.

During a dive down to 46 feet while retrieving a mooring line, MacDonald damaged his left ear while equalizing pressure during the descent.

He also suffered dizziness and permanent hearing loss.

MacDonald sought damages under the so-called "Pennsylvania Rule," which is the standard of Admiralty Law. Under the Pennsylvania Rule, the vessel owner is held liable if a vessel fails to follow regulations aimed at preventing accident or injury.

These regulations generally apply to navigational accidents and collisions.

MacDonald claimed the vessel did not have a required diving operations manual on board.

However, The Court sided with Kahikolu, citing that this requirement only applied to commercial divers-i.e. those wearing scuba gear-and not free divers

Read the case here.

There Are Laws that Govern Shipyard Accidents

mindywein@cox.net (Blog Author)18281 — Sat, 12 Sep 2009 08:00:00 EST

Have you been injured in a shipyard accident? Chances are you are protected under a law known as the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law allows injured longshoremen, harbor workers, ship repairers, shipbuilders and other employees in maritime occupations to obtain compensation for their injuries.

The U.S. Occupational Safety & Health Administration (OSHA) has referred to the shipyard industry as one of the most dangerous industries in the United States. For the last several years, the rate of shipyard injuries has been higher than other industries. The chance of suffering a shipyard injury is 1 in 3. According to OSHA, the chances of sustaining a shipyard injury that keeps you from returning to work is 1 in 10.

Shipyard injuries come in all forms, including broken bones, sprains and serious injuries. Under the LHWCA, shipyard workers can obtain compensation for income, medical expenses and therapy.

If you have been injured in a shipyard accident, you should contact a Houston maritime injury lawyer who can help you navigate the complex legal system. Contact the Houston law office of Vujasinovic & Beckcom P.L.L.C. at 713.224.7800 or 877.724.7800 for a legal consultation.

How are Mariners to Protect Themselves Against Piracy? Part 7

rawlins2007@yahoo.com (Blog Author)18231 — Fri, 11 Sep 2009 08:00:00 EST

Sometimes sailors are left to come up with their own concoctions such as “pepper balls,” potato guns and homemade projectiles. “We even surrounded the deck with what I called ‘punji boards,’ planks with nails sticking out of them,” says Capt. Tim Nelick.

Other more rudimentary suggestions include dropping twistlocks and other deck gear onto the attackers.

Often, the only available option is for a vessel to buy time by using counter-measures until a warship can make it to the scene.

Otherwise, it’s every mariner for him or herself.

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How are Mariners to Protect Themselves Against Piracy? Part 7

rawlins2007@yahoo.com (Blog Author)18230 — Fri, 11 Sep 2009 08:00:00 EST

Sometimes sailors are left to come up with their own concoctions such as “pepper balls,” potato guns and homemade projectiles.

“We even surrounded the deck with what I called ‘punji boards,’ planks with nails sticking out of them,” says Capt. Tim Nelick.

Other more rudimentary suggestions include dropping twistlocks and other deck gear onto the attackers. Often, the only available option is for a vessel to buy time by using counter-measures until a warship can make it to the scene.

Otherwise, it’s every mariner for him or herself.

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How are Mariners to Protect Themselves Against Piracy? Part 6

rawlins2007@yahoo.com (Blog Author)18229 — Fri, 11 Sep 2009 08:00:00 EST

Other non-lethal devices include:

The Dazzle gun. This looks like a large shoulder mounted combat rifle and projects a two –wavelength laser system that “dazzles” attackers with extreme intensity flashes and temporarily blinds the target.

Non lethal slippery foam. It’s a mixture of “mud, flocculent and water” that makes the deck as difficult as walking on a frozen pond.

Remote controlled fire monitors. This has the advantage of being operated from remote areas, thus keeping crew out of the line of fire. The disadvantage is determining exactly where to situate the monitors.

Electronic fence. Secure Ship is the trade name for a 9000 volt electrifying fence which, when touched, also activates spotlights and triggers an alarm. The shock is said to be painful but non-fatal (according to the manufacturer). Also said to be effective against stowaways, the cost is listed at $30,000 for a medium-sized vessel.

Razor wire. Rigging rolls of wire around the outside of the deck was reportedly tried as a last resort by a shipping company for a pair of feeder ships operating in the Gulf of Aden. The ships were never attacked so its effectiveness is unknown. However, the crew had so much trouble handling the wire—cuts hands, sleeves getting caught, having to remove it during cargo and re-hang it—that the idea was abandoned.

The company pulled the vessels out of the region.

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How are Mariners to Protect Themselves Against Piracy? Part 5

rawlins2007@yahoo.com (Blog Author)18228 — Fri, 11 Sep 2009 08:00:00 EST

Non-lethal technologies: These are devices designed to incapacitate but not kill or cause great bodily harm. The LRAD projects a15-30 degree wide beam of high decibel (140 dB) noise with a range of up to 500 meters. Cost is $20,000—$30,000. The device is intended to be used only in short bursts as exposure can cause permanent hearing damage.

The results are mixed: In the 2005 attack on the cruise ship Seabourne Spirit, LRAD was used against pirates firing AK-47s and RPGs. While the pirates fled, it is unclear what role, if any, the device played in forcing the pirates to abandon the fight; the ship also deployed other countermeasures. The LRAD operator was injured during the attack. In the aforementioned case of the Biscaglia, that LRAD operator gave up when the pirates fired upon him with automatic weapons and RPGs.

One anonymous U.S. flag car carrier claims that one of their vessels used the device successfully against a pirate attack in the Bab el Mandab at the south end of the Red Sea. The company claims that the LRAD drove the attacking craft away and toward another ship. “It’s something we’d rather not advertise,” says a company spokesman.

The type of vessel would make a difference. For example, it would be impractical on the deck of a low freeboard tanker, close to the line of fire. On the bridge of a car carrier, however, close to 100’ above the water, the operator has much better positioning out of the line of fire.

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How are Mariners to Protect Themselves Against Piracy? Part 4

rawlins2007@yahoo.com (Blog Author)18227 — Fri, 11 Sep 2009 08:00:00 EST

Such was the case last year of the M/V BISCAGLIA, a Liberian chemical tanker. A three man security team fought off a pirate attack for 40 minutes using non-lethal tactics such as water cannon and LRAD (long range acoustic device) before being overcome by the pirates, who used AK-47s and RPGs. The guards jumped overboard and were rescued by helicopter but only after giving the crew enough time to send a distress call and go below deck.

Basic countermeasures: While some may view the traditional method of repelling machine-toting boarders with a charged fire hose as akin to “bringing a knife to a gunfight,” this traditional approach has frequently proven to be the most effective—if often the only available—anti-piracy countermeasure. Crewmembers blast seawater from the deck to knock pirates off boarding ladders or to swamp their boat.

Despite criticisms that a fire house is a waste of time against automatic weapons, there are a fair number of reports of ships successfully deterring pirates with this method. It is critical for the hose teams to remain behind cover as much as practicable and security experts advise only aiming the hose when the attacking craft is directly below and not in a good firing location.

Other recommended countermeasures include operating at the highest rate of speed practicable and traveling through the Gulf of Aden at night. If the vessel is unable to in outrun the pirate craft, then it is recommended to change course repeatedly with heavy wheel movements.

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How are Mariners to Protect Themselves Against Piracy? Part 3

rawlins2007@yahoo.com (Blog Author)18225 — Fri, 11 Sep 2009 08:00:00 EST

The U.S. military, on the other hand, has no qualms with commercial vessels arming themselves.

With only approximately 280 warships, the Navy does not have the resources to adequately patrol millions of square miles of ocean. They applaud the commercial sector taking a proactive stand of self defense.

Having weapons on board may be allowed, if you can get them there in the first place. On the high seas there are no international laws (flag state rules not withstanding) restricting firearms on a vessel. However, there are issues clearing them in and out of ports; many nations don’t allow them to pass through. In the U.S., for example, to put weapons aboard a vessel in port requires State Department exportation approval.

Unarmed security: The average cost is approximately $20,000 for a three man detail over three days. These are generally teams of ex-military personnel whose purpose is to provide a presence and extra sets of eyes and sparing the scaled down crew from having extra security duties. Such teams can provide the value of buying time by fighting off the assailants until law enforcement reaches the scene.

However, with pirates able to take down a ship in minutes and warships often hours away, unarmed teams often just postpone the inevitable hijacking.

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How are Mariners to Protect Themselves Against Piracy? Part 2

rawlins2007@yahoo.com (Blog Author)18224 — Fri, 11 Sep 2009 08:00:00 EST

So what means are available for commercial vessels to defend themselves against piracy?

There is everything from brute force (firearms) to voltage (electric fence) to the old reliable (fire hose) to even the political (stabilizing the Somali government).

Firearms: No other idea provokes as much heated debate as this one. The general consensus by the maritime captains of industry—not to be confused with actual ship captains—is that deploying weapons for self-defense is a bad idea. Whether bringing in an outside armed security detail or arming the crew themselves (what if they stage a mutiny?!), critics argue the risk of flying bullets is not worth it.

For example, what if a crewmember or guard shoots another crewmember? The owner of a Thai fishing boat claims that a pirate craft recently blown out of the water by the Indian Navy in the Gulf of Aden was actually his hijacked vessel and innocent crewmembers were tied up below deck.

There are also jurisdictional issues to deal with. With no admiralty courts as before, there is incentive not to injure pirates. For example, the British have advised the Royal Navy not to detain pirates for fear of their requesting asylum in the United Kingdom.

According to the Law of the Sea Treaty, before engaging pirates, a boarding party must first go to the suspicious craft to make sure those are “actual” pirates.

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How are Mariners to Protect Themselves Against Piracy? Part 2

rawlins2007@yahoo.com (Blog Author)18222 — Fri, 11 Sep 2009 08:00:00 EST

So what means are available for commercial vessels to defend themselves against piracy?

There is everything from brute force (firearms) to voltage (electric fence) to the old reliable (fire hose) to even the political (stabilizing the Somali government).

Firearms: No other idea provokes as much heated debate as this one. The general consensus by the maritime captains of industry—not to be confused with actual ship captains—is that deploying weapons for self-defense is a bad idea. Whether bringing in an outside armed security detail or arming the crew themselves (what if they stage a mutiny?!), critics argue the risk of flying bullets is not worth it. For example, what if a crewmember or guard shoots another crewmember?

The owner of a Thai fishing boat claims that a pirate craft recently blown out of the water by the Indian Navy in the Gulf of Aden was actually his hijacked vessel and innocent crewmembers were tied up below deck.

There are also jurisdictional issues to deal with. With no admiralty courts as before, there is incentive not to injure pirates. For example, the British have advised the Royal Navy not to detain pirates for fear of their requesting asylum in the United Kingdom.

According to the Law of the Sea Treaty, before engaging pirates, a boarding party must first go to the suspicious craft to make sure those are “actual” pirates.

How are Mariners to Protect Themselves Against Piracy? Part 1

rawlins2007@yahoo.com (Blog Author)18221 — Fri, 11 Sep 2009 08:00:00 EST

To arm or not to arm?

That’s one of the myriad of questions commercial mariners are asking about how to protect themselves against rampant piracy. According to the International Maritime Bureau, in 2008 there were 293 pirate attacks worldwide. In the Gulf of Aden alone, 42 vessels were hijacked and 815 mariners taken hostage.

With such numbers, sailors are left to wonder exactly what options they have for self defense. But when legal ramifications come into play, and the risk of being arrested or sued for harming their assailants becomes detrimental, if not prohibitive, the options may become as unclear as a fog bank.

“Blast the pirate boat out of the water!” Grind ‘em up under the hull.” “Why don’t they hang pirates anymore?” Maritime website bloggers vent such outrage at the apparent helplessness of sailors positioned as virtual sitting ducks in pirate hotspots. For them, fear of “escalating violence” or repatriation of the pirates to their homeland be damned, just break out a letter of marque and take matters into your own hands.

“In the old days, I used to lament the fact that no one took piracy seriously,” says Capt. Tim Nelick, a U.S. flag Master. “But now I see that it may have been a blessing in disguise. Because there was little public awareness of piracy, I could deal with it as I saw fit. In the eighties I had shotguns and a pistol primarily for warning shots. My strategy was always detection and deterrence. If I am boarded, I will negotiate. The goal was to make my target harder.”

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Disorganized maritime industry putting lives and assets at risk

rawlins2007@yahoo.com (Blog Author)18219 — Fri, 11 Sep 2009 08:00:00 EST

Recognizing that maritime security and asset protection is more vital than ever, the need for quick and effective solutions is in high demand. It’s an evolving arena with still as yet to be defined terminology, legal issues and costs. Far too often companies must learn how to respond to hijackers’ demands “on the fly” or decide upon the best P & I policy after the fact.

The lure of contractor dollar signs provoked by the Somali piracy crisis has created a feeding frenzy of security firms anxious to grab a piece of the action. Unfortunately, too many of these firms advocate a “one size fits all” approach to maritime security, employing tactics unsuited for the maritime industry. What was effective for convoy protection against IEDs in Iraq is completely useless for a tanker in the ocean.

The distrust among companies and organizations only serves to hinder the most efficient solutions. For legitimate reasons, companies are not willing to share information that could be useful to the industry as a whole, opting to keep their risk assessments in house. However, the down side of this “cover your behind” policy is that more lives and assets are at risk.

With an estimated less than one-percent of vessel attacks reported in Nigeria, surely there are lots of lessons learned there but are never shared.

Foreign vessels loophole their way around Jones Act in Gulf of Mexico, Part 2

Mon, 07 Sep 2009 08:00:00 EST

Jones Act waivers can be granted if specialized vessels are needed and there are not enough U.S. flagged vessels to fill the void.

According to Ken Wells of the Offshore marine Service Association (OMSA), companies are "outright cheating" to skirt the Jones Act by pushing "the limits of what is legal."

Over 30 foreign vessels are said to be operating in the Gulf with foreign crews. These crews operate at substantially lower wages than American crews.

According to the Coast Guard, 23 foreign exemptions were issued for the Gulf in 2008 and 15 in 2009.

The OMSA has filed protests with the Coast Guard and Maritime Administration to block waiver requests.

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Read the full story here.

Foreign vessels loophole their way around Jones Act in Gulf of Mexico, Part 1

rawlins2007@yahoo.com (Blog Author)18002 — Sun, 06 Sep 2009 08:00:00 EST

In 2005, Hurricane Katrina unleashed a storm surge which overpowered the levees of Lake Pontchartrain.

It also opened up the floodgates for foreign operators to gain a toehold in the offshore oil and gas sector.

Both the Jones Act and the Outer Continental Shelf Lands Act (OCSLA) were enacted to protect the American maritime industry by requiring goods being moved between U.S. ports and offshore sites to be shipped on American built and flagged vessels.

However, both laws allow for waivers or exemptions to be granted in case of national emergency or necessity.

After Hurricane Katrina damaged the Gulf of Mexico's refineries and movement of oil, then Homeland Security Michael Chertoff granted a 19 day waiver to allow foreign vessels to transport oil and gas.

But those 19 days have essentially turned into four years as the presence of foreign vessels has continued-and even increased-to the present day.

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Read the story here.

Fishing vessel seaman loses appeal for arm injury claim

Sun, 06 Sep 2009 08:00:00 EST

A federal court has upheld a ruling against a seaman who claimed his arm injury was caused by unseaworthy conditions.

Trung Le alleged that the injury occurred after falling while attempting to move a box that was jammed in the "boxilator," a machine that moves boxes from the hold of his vessel, the F/T Northern Jaeger.

Le sued American Seafood, his employer, for damages, citing the vessel's listing, an icy work deck and flawed design of the boxilator as causes of the accident.

The court ruled in favor of American, finding that Le did not prove his allegations about how the icing and listing played a role in the accident.

Le appealed the decision to the Ninth Circuit Court of Appeals in San Francisco, which upheld the earlier ruling.

Read the full case here.

Court upholds mariner's right for payment in neck injury

rawlins2007@yahoo.com (Blog Author)17995 — Sat, 05 Sep 2009 08:00:00 EST

In a case recently before a federal court, an employer was ruled to be responsible for the cost of a neurosurgeon consultation.

Mark Eldridge, plaintiff, injured his neck while lifting a flagpole on a dock on November 8, 2007.

In a settlement conference two years later, it was ruled that the extent of Eldridge's injuries must first be determined by a neurosurgeon.

Star Line, the employer, argued that it was not liable for the cost of the consultation, only for reimbursement of actual medical care.

The court disagreed, ruling that the Jones Act requires an employer to make sure that a seaman receives complete care and treatment.

Proposed Jones Act changes worries offshore industry

Sat, 05 Sep 2009 08:00:00 EST

The U.S. offshore sector is scrambling to replace foreign crews with Americans in light of proposed changes to the Jones Act.

The U.S. Customs and Borders Protection (CBP) announced in July plans to significantly amend interpretation of rules for vessels transporting offshore oil and gas equipment. This would revoke current Jones Act exemptions in areas including diving support work, cable and pipe-laying.

Presently, over 80-percent of this work is carried out on non U.S. flagged vessels.

According to the International Marine Carriers Association, at least five years would be required to provide an adequate number of U.S. vessels to meet the new CBP standards.

“Foreign crews are being shifted away from the US and replaced with American citizens, said Craig Johnson, President of Faststream's U.S. operations. "We think that around 70 vessels could be affected by these proposals, but there still remains a good deal of uncertainty as to how far these proposals will go."

Faststream is an international recruiting agency.

A public comment period expired on August 17th and a decision is pending.

Read more here.

Offshore Oil Rig Workers are Usually Considered Jones Act Seamen

mindywein@cox.net (Blog Author)17895 — Wed, 02 Sep 2009 08:00:00 EST

Are you an offshore oil rig worker? If so, chances are you are considered a seaman and are entitled to legal protection under a federal law, known as the Jones Act.

One of the requirements under the Jones Act is that the injured worker has to be a seaman. A seaman is basically someone who works on a vessel or fleet of vessels. Offshore oil rigs, semi-submersibles and jack-up rigs are usually classified as vessels under the Jones Act, because they are movable. A non-moveable platform is not considered a vessel, but if you were injured on one, you may be protected under other laws, such as the Longshore & Harbor Worker’s Compensation Act.

An oil rig injury is often catastrophic and may be the result of an explosion, fire, fall or chemical exposure. When negligence is involved, you can pursue a Jones Act lawsuit to recover compensation for your injuries. Compensation in this type of lawsuit can be substantial and usually includes such things as medical expenses, lost wages, pain and suffering, mental anguish, disfigurement, impairment and loss of enjoyment of life.

There is a time limit as to when you can file your Jones Act claim, so you need to speak with a Houston maritime attorney immediately. Contact the law offices of Vujasinovic & Beckcom, L.L.P. today at 713-224-7800 or 877-724-7800 for legal advice.

Three crewmembers rescued near NYC

rawlins2007@yahoo.com (Blog Author)17657 — Sat, 29 Aug 2009 08:00:00 EST

Though winds were light and seas were slight on August 7, 2009, three mariners had to be rescued from a sinking vessel off of Keansburg, New Jersey.

Responders to the vessel, the name of which was not available, included the Coast Guard (USCG) and the New York City Fire Department.

Reports say the engines were completely underwater. The Towboat US pulled the boat away for inspection.

According to the USCG, the cause of the sinking was undetermined and the total number of crewmembers was not released.

Link to story.

Court to decide whether dredge worker was a "seaman"

rawlins2007@yahoo.com (Blog Author)17656 — Sat, 29 Aug 2009 08:00:00 EST

A foreman aboard a dredge has been challenged by his employer that he is ineligible for compensation under the Jones Act.

Armando Zertuche, the plaintiff, alleges he was injured on the job; the specific injuries are not available. Great Lakes Dredge & Dock Company, the dredge’s owner, has challenged the lawsuit, claiming that Zertuche was a dump foreman and not a seaman as defined by the Jones Act.

Zertuche counters that he in fact worked over 50 percent of the time as a deckhand.

According to the Act, in order to be considered a seaman, he or she must perform duties contributing to a vessel’s operation, navigation and mission.

The Supreme Court has traditionally ruled that a worker must serve over 30 percent of his time in duties connected to the navigation of a vessel in order to be classified as a seaman.

The U.S. Fifth Circuit Court of Appeals has remanded the case back to a lower court.

Read the full case here.

Company denies responsibility for back claim because injury occurred off the vessel

rawlins2007@yahoo.com (Blog Author)17655 — Sat, 29 Aug 2009 08:00:00 EST

In a case before federal court, a fishing boat worker seeks compensation for a back injury he suffered not aboard the vessel, but in a warehouse.

David Acosta alleges he suffered the injury in September, 2007 while moving pallets with a forklift in the warehouse located between 200 and 300 yards from his vessel’s berth.

Acosta, the assistant deck boss of the F/V Siberian Sea, states that moving pallets of paper bags from the warehouse to the vessel was part of his job duties.

He claims that while positioning the pallets by hand, the top one fell onto him, injuring his back. Acosta charges that the boat’s owner, Aleutian Spray Fisheries, was negligent for failing to provide an adequate inspection of the warehouse.

Aleutian counters that they are not responsible, not being the owner of the warehouse. They claim that inspecting the warehouse was the plaintiff’s responsibility in accordance with his duties as assistant deck boss.

Under the so called “Primary Duty Rule,” a seaman may not recover injury damages by his or her own failure to perform duties of the job.

The case is still to be decided.

Read the full case here.

Steps to take after an offshore or maritime helicopter accident

Fri, 28 Aug 2009 08:00:00 EST

It is imperative to document everything after a helicopter crash. Make sure to obtain any and all crash reports and findings from the NTSB or the FAA. Witness statements are also important and can have a huge impact on a claim. It may even be beneficial to save newspaper articles of the crash.

You may not be in any condition to take photographs of the scene, or it may be impossible to do so based on where the helicopter lands. Most likely, other media outlets or the company who operated the helicopter will have photographs taken. Obtaining copies of this digital information is imperative to preserving what the conditions were like at the time of the crash. They will also most likely be used as evidence if the case were to go to trial.

If you or someone you know has a family member who has suffered injury or wrongful death due to an offshore or maritime helicopter crash, contact maritime helicopter crash attorney Brian Beckcom immediately at 877.724.7800.

What will an insurance company offer as settlement after a maritime or offshore helicopter crash?

Fri, 28 Aug 2009 08:00:00 EST

It is virtually impossible to say what an insurance company will offer you for your injuries after a maritime or offshore helicopter crash. However, all insurance companies are required to carry insurance to cover these types of claims.

The amount of the settlement will depend on the seriousness of the injury. In most cases, the more severe the injury is, the higher the settlement amount will be.

In a wrongful death case, the settlements can reach into the millions of dollars. Again, it depends on how much the person was making in wages before he or she was killed, whether the person was married or had minor children, and the nature of the crash. We understand that it is impossible to comprehend putting a price tag on the life of someone who was fatally injured in a helicopter crash, but we want the reader to view the situation through the eyes of the helicopter company and their insurance carrier.

One thing is fairly certain. The company will almost never offer a full and fair settlement unless you have an aggressive and competent attorney to handle the case. You need an attorney who is ready, willing, and able to hold the company accountable for all of your damages - not just the ones the insurance company deems important - all the way through a jury trial and appeals process if necessary.

If you or someone you know has a family member who has suffered injury or wrongful death due to an offshore or maritime helicopter crash, contact maritime helicopter crash attorney Brian Beckcom immediately at 877.724.7800.

Mariners should weigh the risks of anthrax shots

Thu, 27 Aug 2009 08:00:00 EST

When deploying to unstable areas such as the Middle East, crew members can be required to take anthrax vaccination shots.

Though not conclusively proven, the immunization has been linked to significant side effects including pulmonary and nerve disorders, lumps and allergic reactions.

Click here for an article listing potential anthrax vaccine side effects.

The Food and Drug Administration claims the shots are safe.

There have been numerous requests by military personnel asking the Department of Defense to discontinue the shots, but the DOD has been steadfast in its refusal.

According to a CBS Evening News report, the military has disciplined hundreds and court marshaled dozens of troops for refusing to take the shots.

In a case presently before a federal court, a chief officer formerly employed aboard a government contracted vessel was sent home by "mutual consent" after she refused to take the mandatory shots. Given the option to return at a later date if she complied, she took the shots on her own.

The company eventually terminated her for her original refusal to take the shots. However, the chief officer has sued, claiming she was fired in retaliation for being a whistle blower after reporting that another crew member had falsified his shot records. (Read more about this case here).

Mariners should demand piracy compensation, says rights group

rawlins2007@yahoo.com (Blog Author)17578 — Thu, 27 Aug 2009 08:00:00 EST

The director of an international maritime workers advocacy group, says that mariners should ask for compensation if their employer does not adequately provide for their self defense.

This despite a report that four seafarers hijacked by pirates were denied in their compensation claims in Denmark.

"If shipping companies don't take precautionary measures, then seafarers have every right to demand something more," said Ken Peters, director of the Mission to Seafarers.

Source: Safety at Sea International.

Mariner claims she was fired for being a whistleblower; lawsuit allowed to proceed

rawlins2007@yahoo.com (Blog Author)17499 — Wed, 26 Aug 2009 08:00:00 EST

A U.S. deck officer who alleges she was terminated from her ship after threatening to report faked anthrax vaccination records by other crewmembers will have her day in court.

The plaintiff, Jocelyn Baetge-Hall, alleges retaliatory discharge against American Overseas Marine (“AMSEA”), her employer. She was terminated as chief officer aboard the M/V 2nd Lt. John P. Bobo, a military transport vessel operated under Military Sealift Command (“MSC”).

Baetge-Hall claims that when she was deployed aboard the vessel, the company was aware that she did not have mandatory anthrax and small pox vaccinations authorized by MSC. Allegedly acting upon the advice of medical personnel aboard the vessel to not take the shots, she received a medical deferment instead of taking them.

The company ordered her to leave the ship and paid her way back to the U.S. after requiring her to sign a form stating her departure was by “mutual consent.”

Once home, the plaintiff obtained the shots on her own and requested to return to the vessel. However, upon learning that another crew member had faked his vaccination card, she reported this falsity. Then, the company fired her, charging her with a “refusal” to get the shots.

Baetge-Hall filed a wrongful discharge claim, alleging she was fired in retaliation for being a whistle blower by reporting the other crew member’s falsity.

AMSEA filed a motion for summary judgment to stop her case. However, the Massachusetts federal court ruled against the motion. Her case is proceeding.

Read the full case here.

Injured mariners may find Jones Act justice even with pre-existing conditions

rawlins2007@yahoo.com (Blog Author)17342 — Mon, 24 Aug 2009 08:00:00 EST

Even if you have a pre-existing back condition, you could still be compensated for aggravating the condition on the job, provided your employer is made aware of this in advance and clears you for employment.

In a case recently decided in Louisiana federal court, a roustabout who hurt his back while pulling a cable was awarded $100,000 plus interest in his lawsuit against his drilling company employer. This despite the fact that a pre-employment physical disclosed potential herniated discs and nerve issues.

The employer challenged the claim on the grounds that they were not liable because they had relied upon the doctor who cleared the employee.

The court cited otherwise, stating that the doctor was an agent of the company.

Read the full case here.

Offshore company liable for aggravating employee's back condition

rawlins2007@yahoo.com (Blog Author)17330 — Sun, 23 Aug 2009 08:00:00 EST

A roustabout on a drilling vessel has prevailed in his back injury claim against his employer.

A Louisiana federal court recently ruled in favor of Keith Townsend, the plaintiff, awarding him $100,000 plus prejudgment interest, in his claim against his employer, Diamond Offshore Drilling. Diamond maintains a fleet of drilling vessels.

Originally, Townsend was hired by Diamond contingent upon passing a physical examination and drug screen. Even though an MRI indicated two potential herniated discs and a nerve root issue, Townsend was cleared for employment by Dr. Khan, the physician assigned by the company.

While on the job, Townsend complained of back and thigh pain to his private chiropractor, who he saw during his time off. Though he never disclosed the condition to Diamond, he did use the company’s insurance plan to cover the visits.

In May of 2006, Townsend alleged he suffered a back injury on the job while pulling on a cable, leading him to undergo lumbar disc surgery.

Townsend brought legal action against Diamond, seeking past and future compensation for pain caused by the lumbar surgery.

Diamond countered that there were no witnesses to the alleged accident and that they were not responsible because they had relied upon the doctor in Houston who had cleared Townsend for employment.

The court agreed with the plaintiff, ruling that even though he had a pre-existing back condition, the company was liable because the physician was an agent of the company.

Read the entire case here.

Rig worker's request for bench trial upheld

rawlins2007@yahoo.com (Blog Author)17305 — Sat, 22 Aug 2009 08:00:00 EST

A federal court has upheld a maritime worker's motion to strike a jury trial in an injury case.

Dwayne Johnson, plaintiff, suffered undisclosed injuries after slipping on hydraulic fluid on the deck of the Cajun Express while working as a rig system supervisor. Johnson filed a claim against the defendant,Transocean Offshore USA Inc, the owner of the Cajun.

Transocean requested a jury trial. Johnson countered by filing a Motion to Strike Jury Trial.

Under normal admiralty law, neither party has the right to a jury trial except when granted by statute. Under the Jones Act, however, only the plaintiff has the right to a jury trial.

Judge Melancon of the U.S. District Court, Western District of Louisiana, ruled in favor of Johnson's Motion to Strike, upholding his right to a bench trial.

Time did not run out on drilling rig worker's claim for lung damage

rawlins2007@yahoo.com (Blog Author)17301 — Sat, 22 Aug 2009 08:00:00 EST

A federal court of appeals has overturned a ruling against a former worker of an offshore platform seeking damages for hypersensitivity pneumonitis and fibrosis of the lungs.

Earlier, the case had been dismissed in district court on the grounds that that the statute of limitations had expired.

Herbert Pretus filed the claim for compensation against Diamond Offshore Drilling, Inc. Pretus worked aboard the Ocean Confidence, a former floating hotel being converted into an offshore platform, in 1999 and 2000. Working conditions there were allegedly damp and moldy, causing him to have cold-like symptoms which purportedly cleared up once he returned home.

In July, 2004, Pretus took a leave of absence from the company, citing severe coughing and shortness of breath. Six months later, Dr. Michael Hill, his physician, advised him that he may have had a fungus infection in his lungs.

In September, 2006, Pretus sued Diamond, his employer, after being diagnosed the previous year with a lung disorder allegedly contracted while working on the Ocean Confidence.

Diamond countered that the three year statute of limitations for filing the claim had elapsed. The lower court agreed, stating that Pretus had had a sufficient opportunity to discover and disclose his condition.

However, the 5th Circuit Court of Appeals overturned the verdict on the grounds that the statute of limitations was still in effect from the time he reasonably could have discovered when he was suffering from the illness.

Jones Act justice denied when filing under the wrong law

rawlins2007@yahoo.com (Blog Author)17300 — Sat, 22 Aug 2009 08:00:00 EST

Sometimes a barge is not really a vessel.

Texas resident George Casas and his legal counsel assumed that the barge he was installing insulation on was a vessel. So after injuring several vertebrae in his back after slipping and falling from an unfinished floor suspended off the bottom, Casas filed a maritime injury lawsuit in U.S. Southern District of Mississippi court.

The Court denied his claim, ruling that the barge he worked on was not in fact an actual vessel, and that the case was ineligible under maritime law. The Court ruled that because the barge was in actuality an amphibious transport dock under construction, the case was invalidated.

They did, however, acknowledge that sub-contractor Land Coast, Casas’ employer, was aware of dangerous working conditions. However, Land Coast was not named as a party in the suit. Joiner and Northrup Grumman, the contractors named in the suit, were not proven to have such knowledge.

So, despite the Court’s recognition that a worker was legitimately hurt due to employer negligence, George Casas was left as an uncompensated victim. Not only of unsafe working conditions, but a victim of injustice.

Maritime workers need to make sure that they are represented by experienced proven counsel who knows the ins and outs of maritime law.

Jones Act lawsuit dismissed because accident did not occur on a "vessel"

rawlins2007@yahoo.com (Blog Author)17286 — Fri, 21 Aug 2009 08:00:00 EST

A federal court denied the slip and fall claim of an insulation installer, stating that the amphibious transport dock he was working on did not fall under maritime law.

George Casas, Texas resident, alleged negligence against defendants Joiner and Northrup Grumman, his employers, after being injured while installing the insulation beneath an unfinished floor suspended 12 to 18 inches above the bottom.

Citing employer negligence, Casas claimed he slipped, fell and herniated numerous disks in his back while traversing raised metal beams on the dock under construction in the Northrup Shipyard.

The U.S. Southern District of Mississippi court denied his claim, ruling that the barge he worked on was not a vessel, and that the case was ineligible under maritime law.

The plaintiff also failed on the grounds of suing the wrong party.

The court ruled that sub-contractor Land Coast, his direct employer, did in fact have prior knowledge of dangerous working conditions. However, Land Coast was not a party in this case and Casas failed to prove that Joiner, the contractor, did have prior knowledge. Casas also did not demonstrate that Joiner had a duty to cover the scaffold with plywood.

The lawsuit was initially filed in Hidalgo County, Texas, moved to Southern District of Texas and re-filed in the Mississippi court after being dismissed for lack of personal jurisdiction.

Helicopter companies are also held to strict regulations in order to prevent maritime or offshore helicopter crashes

Fri, 21 Aug 2009 08:00:00 EST

The companies that operate helicopters are also subject to special rules and regulations. If the companies violate the rules that pertain to the operation of helicopters, they can be grounded, or prevented from flying.

The United States government, through the National Transportation Safety Board, or NTSB, investigates helicopter crashes and determines the cause. The NTSB also issues recommendations and the regulations that govern companies who operate commercial helicopter operations.

If you or someone you know has a family member who has suffered injury or wrongful death due to an offshore or maritime helicopter crash, contact maritime helicopter crash attorney Brian Beckcom immediately at 877.724.7800.

Pilots should have proper training and are strongly regulated, in order to prevent offshore or maritime accident cases

Fri, 21 Aug 2009 08:00:00 EST

Unlike cars, trucks, and their drivers, helicopters and their pilots are heavily regulated. The pilots must have a proper license, receive periodic updates, and undergo special training in order to prevent offshore helicopter crashes.

For instance, in order for a pilot to receive their private helicopter pilot certificate, they must complete a minimum of 40 hours flight time, ten hours of which must be solo. Of those ten hours, five hours must be cross-country. Dual instruction must include three hours of night instruction including a cross-country flight and three hours cross-country. This is in addition to the physical requirements that must be met, required by the Federal Aviation Administration, or FAA.

If you or someone you know has a family member who has suffered injury or wrongful death due to an offshore or maritime helicopter crash, contact maritime helicopter crash attorney Brian Beckcom immediately at 877.724.7800.

Offshore helicopter crashes are often caused by companies deciding to fly in poor weather conditions

Fri, 21 Aug 2009 08:00:00 EST

Companies that decide to fly helicopters in unsuitable weather conditions have also caused helicopter crashes. While convenient, helicopters are not equipped to handle the same weather that commercial jets can. Pilots and their employers who do not follow the basic rules regarding flying helicopters in certain conditions are at a much greater risk for causing a potentially fatal helicopter crash.

The good news is that most helicopter crashes are completely preventable. The bad news is that many companies do not do nearly enough to prevent these incidents. As a result, too many innocent people lost their lives in offshore or maritime helicopter crashes.

If you or someone you know has a family member who has suffered injury or wrongful death due to an offshore or maritime helicopter crash, contact maritime helicopter crash attorney Brian Beckcom immediately at 877.724.7800.

Inexperienced pilots and mechanical errors contribute to offshore or maritime helicopter crashes

Fri, 21 Aug 2009 08:00:00 EST

All too often, pilots are overworked or under experienced, or both. Long hours, time changes, and frequently changing schedules can take a toll on even the most highly trained pilots.

Mechanical problems with the helicopter are another major cause of crashes. Just as a commercial jet needs to be thoroughly inspected before take off, a helicopter should go through a rigorous inspection to ensure that all parts are properly working. Many times companies try to cut corners on mechanical safety issues in order to save money or time. Failure to properly monitor the helicopter's condition can also lead to potentially fatal mechanical malfunctions.

If you or someone you know has a family member who has suffered injury or wrongful death due to an offshore or maritime helicopter crash, contact maritime helicopter crash attorney Brian Beckcom immediately at 877.724.7800.

Crane collapse capsizes vessel

rawlins2007@yahoo.com (Blog Author)17241 — Thu, 20 Aug 2009 08:00:00 EST

Crew members on a towing vessel in Galveston escaped injury when a crane fell down, capsizing the boat.

The crane boom aboard the Ocean Star Ship fell onto the Jerry Picton, an uninspected tow boat, in the incident at Pier 21. The boom collapsed while moving a skid pan, falling approximately 30 feet onto the vessel.

Recovery operations were underway by the Salvage T & T Marine.

Investigators were seeking clues into the cause of the accident.

Source: KRIV-TV Houston

Crew member electrocution prompts Coast Guard alert

rawlins2007@yahoo.com (Blog Author)17174 — Wed, 19 Aug 2009 08:00:00 EST

The Coast Guard has issued a safety warning to shipping companies following the electrocution of a chemical tanker crewman.

Christopher Erickson, 24, of Holden Massachusetts, was killed while conducting tests in the electrical workshop aboard the S/R Wilmington in the Gulf of Mexico. Erickson, a third engineer, was electrocuted while testing a circuit breaker of the 636-foot chemical tanker owned and operated by Sea River Maritime, Inc.

In a Marine Safety Alert issued by the Coast Guard Office of Investigations and Analysis, recommendations are given to prevent electrical shock. According to the alert, Erickson “apparently made contact with unprotected stripped ends of a conductor plugged into a live 480-volt power supply.”

The alert advises management to train crews to take utmost care to avoid risks during electrical procedures. Other recommendations include advising engineers to wear personal protective non-conductive gear and making sure electrical circuits are de-energized during maintenance procedures.

The company has issued precautionary instructions to the crew.

The specific details of the incident remain under investigation, according to the Coast Guard and Sea River, Inc.

Source: Professional Mariner Magazine

Collision severely injures fisherman after being thrown from bunk

rawlins2007@yahoo.com (Blog Author)17027 — Mon, 17 Aug 2009 08:00:00 EST

Claims no one at the wheel, no bed railing

Christopher Loc Nguyen of Port Arthur, Texas has filed suit against Sanh Hong Le, his former employer, after the fishing boat he worked on collided with a barge in Jefferson County.

Nguyen cites physical pain, mental anguish, loss of income and continuous physical impairment after the impact knocked him out of his bunk while aboard The Jennifer and David.

The complaint filed recently in Jefferson County District Court alleges no one was at the wheel when the incident took place. The complaint also alleges that the crew member's beds lacked railings.

Nguyen charges that Le did not have a proper lookout and failed to yield right-of-way.

Named as a co-defendant is Gulf Oceanic Marine Contractors, Inc., the owner of the barge and tug boat. Nguyen alleges they failed to maintain running lights on the barge, did not keep a proper lookout, failed to yield right of way and drove too fast for conditions.

According to the lawsuit, which has been assigned to Judge Donald Floyd of the 172nd District Court, “Plaintiff was in one of the bunks when the collision occurred with such force and violence that Plaintiff was thrown from the bunk, causing Plaintiff serious injuries.”

Nguyen is asking for an award exceeding the Jefferson County jurisdictional minimum and other relief to which he may be entitled.

Source: South East Texas Record

Dredge worker medivac'd after North Carolina grounding

rawlins2007@yahoo.com (Blog Author)17022 — Mon, 17 Aug 2009 08:00:00 EST

A crew member broke his leg when his tug-dredge unit went aground in Oregon Inlet, North Carolina in mid-August.

Responders from Coast Guard Station Oregon Inlet were dispatched to the scene after an emergency call from the dredge Cooper River. Coast Guard members, after stabilizing the leg, evacuated the crewman by motor life boat to a nearby EMS team.

The official injury was classified as a broken femur.

Source: U.S. Coast Guard

U.S. considering arming commercial ships

Thu, 13 Aug 2009 08:00:00 EST

The Senate is considering an amendment granting immunity from prosecution in U.S. courts for any master, mariner or owner authorizing the use of force against acts of piracy.

The bill was introduced last month after the House of Representatives approved an amendment requiring the Department of Defense to deploy armed security teams on U.S. flagged vessels transiting through high-risk areas, such as the Gulf of Aden. That measure passed the House by a vote of 389-22.

Consideration of arming ships marks a sea change in attitude in the West, where legal concerns have traditionally discouraged the maritime industry from making weapons available.

Other concerns from shipping groups and insurers are that accessibility to arms will escalate violence and provoke pirates into using more powerful weaponry.

Proponents of armed guards aboard vessels say that pirates will be intimidated and attacks will decrease. In April, security guards aboard the Italian cruise ship MSC Melody opened fire on pirates attempting to board the vessel in the Indian Ocean.

The pirates fled.

Even if the House or Senate measures pass, the international community remains an obstacle to implementation. The International Maritime Organization-a U.N. agency-remains opposed to arming commercial ships.

Source: Associated Press

Shipping companies putting crew members at high risk against piracy, Part 3

rawlins2007@yahoo.com (Blog Author)16819 — Wed, 12 Aug 2009 08:00:00 EST

In World War II, convoys of merchant ships running the north Atlantic were protected by destroyers, mine sweepers and anti-submarine trawlers. Today, CTF 151, the multinational naval taskforce, patrols half a million square miles of the Indian Ocean battling Somali piracy. Because of the large area, the nearest warship to a commercial ship under attack may be hours away from an effective response.

Commercial ships are left to defend themselves against machine guns and RPGs with unarmed security details, zigzagging and unproven “non-lethal” technologies such as long range acoustic devices (LRAD). Crewmembers are expected to put themselves potentially in the line of AK-47 fire armed only with a charged fire hose.

The maritime industry largely opposes arming sailors because of a raft of liability issues: What if a security guard accidentally shoots one of the good guys? What if a disgruntled crew member turns against the captain or the mate? What if an innocent fisherman is mistaken for a pirate and shot?

Not to mention the complex issue of clearing firearms into and out of foreign ports with differing port-state laws.

Ignored in the legal debate is one key question: What is the potential liability of a shipping company for sending its crew members into deadly waters with inadequate means to protect themselves? While corporate executives may be able to defend themselves with a phalanx of high paid attorneys, sailors must have a voice looking out for their legal interests, too.

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Shipping companies putting crew members at high risk against piracy, Part 2

rawlins2007@yahoo.com (Blog Author)16781 — Wed, 12 Aug 2009 08:00:00 EST

Recently, the new 2nd mate of a U.S. flag car carrier, upon joining the ship on the East Coast, was handed a thick stack of security manuals. “Better read these quick,” the chief mate said. “You are the new VSO. By the way, the Coast Guard will be here in four hours to vet (inspect) our ISPS compliance.”

These new duties, to go along with the old: cargo supervision, preparing the navigation charts, undocking and standing bridge watches.

If the 2nd mate was the security “chief,” then who was his security “detail”? Why, three able-bodied seamen, who also had a full plate of job responsibilities to attend to.

In recent years, many responsible companies have taken a much more proactive approach to protecting the lives of their crew members. Before transiting through pirate hotspots and other high risk areas, such companies may deploy trained maritime security personnel from the outside. However, this is not required under international law and many unscrupulous outfits concerned with the bottom line over safety will leave mariners to their own devices for self defense.

The fallacy of classroom security training is that it is only useful in limited circumstances. For example, the standard week long Small Arms Training Course has no practical application on the vast majority of commercial ships, where allowing crew access to firearms is largely prohibited, if not strongly discouraged.

“Guess I can wad up my small arms certificate and throw it as a projectile against the pirates,” goes an inside joke.

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Commercial Divers Be Aware of Risks of Hypothermia

mindywein@cox.net (Blog Author)16683 — Mon, 10 Aug 2009 08:00:00 EST

Hypothermia is a serious condition that can be avoided with the proper training and dive equipment. If you are a commercial diver, you need to know how to protect yourself from suffering from hypothermia, which can be fatal.

Hypothermia happens when the temperature of your body falls below 35 degrees Celsius – a level that is below what is needed for normal metabolism and bodily functions. It is possible to survive hypothermia, but it depends on what stage of hypothermia you have reached. Basically, there are three stages of hypothermia, with the first stage being less serious and showing signs of shivering, numb hands and goose bumps. However the third stage of hypothermia can lead amnesia, inability to use your hands and blue and puffy skin. The third stage can be deadly.

This life threatening condition can be avoided by divers, as long as the right precautions are taken. If you are diving in cold water, always use the appropriate diving suit and avoid diving more than once the same day. You can also benefit from using warming ointments before the dive and be aware of cold currants in the area.

If you or someone you love has suffered hypothermia from a commercial dive, you may be entitled to compensation. Contact a Houston diving accident attorney at Vujasinovic & Beckcom P.L.L.C. at 713-224-7800 for legal advice.

Shipping companies putting crew members at high risk against piracy, Part 1

rawlins2007@yahoo.com (Blog Author)16653 — Sun, 09 Aug 2009 08:00:00 EST

(First in a three-part series)

Imagine the legal fallout if a gunman opens fire in a skyscraper and it's discovered that no building security guard was ever hired. Not only that, imagine that the building's owner put out a memo advising employees to serve as their own security guards and defend themselves.

In this post 9-11 age, that very scenario exists--in the maritime world.

Under the IMO's International Ship and Port Facility Security (ISPS) Code, shipping companies are required to "detect security threats and take preventative measures against security incidents affecting ships." (source: wikipedia).

Under this definition, such "preventative measures" are open-ended and the extent to which they are carried out is very much a subjective call. Ships in certain classifications are required to carry a vessel security officer (VSO) which is generally a designated crew member, normally a higher ranking deck officer, who is expected to assume those duties in addition to the normal job requirements. Additionally, a control locker with a bare minimum of batons, pepper sprays and mag lights is maintained.

To be continued...

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39 crew evacuated after Gulf platform explosion

Sat, 08 Aug 2009 08:00:00 EST

Workers escaped injury after a recent fire and explosion at a floating gas compressor plant in the Gulf of Mexico.

The incident took place at approximately 10 p.m. at the facility located about 90 miles southeast of Galveston.

The offshore supply vessel Gulf Endeavor, which happened to be stationed at a platform in the area, arrived at the scene and escorted the 39 crew members to safety.

Coast Guard officials conducting a cursory investigation early the next morning reported that the fire was out.

Investigators suspect the incident may be responsible for the pollution spill of an unknown substance as evidenced by a "slight sheen" floating nearby.

The cause of the incident, which is being investigated by the Coast Guard, remains a mystery. They hope to learn more once the facility is safe for entry.

Source: Houston Chronicle

Texas workers concerned over lack of safety procedures at job sites

Tue, 04 Aug 2009 08:00:00 EST

According to an article in the Houston Chronicle, a non-profit group in Texas is helping to advocate for more OSHA oversight. A representative with The Workers Defense Project said that the group has been overwhelmed wit the number of complaints from workers who are not given the proper safety equipment, are not getting properly paid for the work they do, or who are injured at work but don't receive the proper medical care.

The Workers Defense Project and the University of Texas arranged 142 work boots at a news conference (since the news conference, two more work-related death occurred), to represent the number of lives that had been taken in work-related accidents.

If you or someone you know has suffered a maritime injury while working on the job, contact maritime construction accident injury lawyer Brian Beckcom immediately at 877.724.7800.

Longshoremen Have Rights Too

mindywein@cox.net (Blog Author)16306 — Mon, 03 Aug 2009 08:00:00 EST

Even though longshoremen are generally not protected under the Jones Act, there are laws that protect them. If you are a longshoreman or stevedore and have been injured, you may be entitled to compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). If your injuries were the result of a third party's negligence (someone other than your employer), you may be able to file a lawsuit to obtain compensation.

The Longshore Harbor Workers’ Compensation Act allows injured longshoremen and other qualifying workers, to obtain benefits. Basically, to qualify you need to have a maritime occupation and your injuries must have happened on navigable waters in the United States or on a pier, dock, terminal, wharf or other area where ship cargo is loaded and unloaded.

Benefits under the LHWCA include medical care and financial compensation. The law provides that your employer pays for your medical treatment, including medical supplies and services. You also are entitled to financial benefits that are supposed to offset your lost wages during your recovery.

If you have been injured in a maritime accident, you should contact a maritime injury attorney at Vujasinovic & Beckcom P.L.L.C. at 713-224-7800 or 877-724-7800. It can be confusing understanding your rights following a maritime injury, but an experienced attorney will be able to help you.

Jones Act Protection for Back Injury Caused by a Maritime Accident

mindywein@cox.net (Blog Author)15096 — Thu, 09 Jul 2009 08:00:00 EST

If you have sustained a back injury from a maritime accident, you need to be aware that you may be entitled to compensation under a federal law, known as the Jones Act. As a Jones Act seaman, you can pursue money for damages caused from your back injury, which can be substantial. However, you need to talk with a maritime attorney who can go over your legal options.

After a back injury that occurs offshore, you need to be aware of what might have caused it. Lifting heavy equipment or cargo can often lead to painful back injuries. A fall down a ladder or broken stairs can also cause a severe maritime injury. Even slippery decks can result in back injuries.

Sometimes a back injury is caused by an unseaworthy vessel or negligence on part of the vessel owner, captain, officers or crew members. In that case, you could be awarded financial compensation in a Jones Act lawsuit. Generally, you can recover damages for pain and suffering, past and future lost wages, past and future medical expenses, disfigurement, mental anguish and other costs incurred as a result of your injuries. The best thing to do following a serious maritime accident is to contact a maritime lawyer.

Contact the law office of Vujasinovic & Beckcom P.L.L.C. at 713-224-7800 or 877-724-7800 for a free legal consultation.

Be honest with your attorney – disclosing everything could save your maritime accident injury case

Wed, 08 Jul 2009 08:00:00 EST

It may not seem relevant to your current offshore accident case, but it is important to be completely honest and disclose any prior accidents to your maritime accident injury attorney – whether or not they were your fault.

In an attorney-client privilege, whatever you tell your attorney stays only in their office. Your attorney needs to know if you have ever been in trouble with the law, if you have been involved in any previous accidents, or if you were under the influence of any drugs or alcohol at the time of your maritime injury accident.

The reason the attorney needs to know this information is so that he can be prepared if the at-fault party does a little digging and finds out the information also. The other party will use this information to discredit your story, which in turn can harm your case. If your attorney knows the good, the bad, and the ugly up front, he can better deal with the issue rather than being blindsided by it.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

Be honest about the extent of your injuries after a maritime injury accident

Wed, 08 Jul 2009 08:00:00 EST

While it is important to seek treatment immediately after a maritime injury accident, it is also important not to exaggerate the extent of your injuries.

If you claim to be more hurt than you really are, more than likely the insurance company will find out and pay even less than if you had been honest.

Getting caught in a lie can kill your case. For example, if you injured your shoulder on the job and claim that you can’t work because of it, and then you are caught helping your friend move furniture, you could ruin your case. Get the proper treatment but also be honest about it to yourself and your doctors.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

Make sure to document everything after a maritime accident injury

Wed, 08 Jul 2009 08:00:00 EST

Just as it is important to report a maritime accident injury, it is just as important to keep a file of that report.

Any and all paperwork related to your offshore accident injury needs to be kept in a file in a safe place. Any and all police reports or government-issued documents relating to the maritime accident injury, as well as any pertinent medical records should all be kept.

Incident reports, witness statements, even receipts for out-of-pocket expenses due to the accident should be filed.

Make sure to take photos of all injuries as a result of the maritime accident, as well as photographs of the accident scene.

Keeping track of all of these documents will help you prove your maritime accident injury case.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

Never give a statement to the insurance adjuster regarding your maritime accident injury.

Wed, 08 Jul 2009 08:00:00 EST

Any statement you give to an insurance adjuster after a maritime accident could be used against you later on.

Always make sure you have an attorney present when giving a recorded statement. Your attorney can guide you on what to answer and what not to answer. He or she can also inform you about the reasons why the adjuster is asking certain questions after an offshore accident injury, and why those questions are relevant to your claim.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

The maritime accident insurance adjuster does not always have your best interest in mind

Wed, 08 Jul 2009 08:00:00 EST

An offshore accident injury can be devastating. Getting back to work and on your feet again is something that most maritime workers want.

When an insurance adjuster seems nice and helpful, be wary of their ulterior motives. Their job is to settle your claim for a cheaply as possible. The insurance company they work for wants to save as much money as possible - at your expense.

Maritime accident injury lawyer Brian Beckcom deals with offshore accidents and insurance adjusters all the time, and knows that they will try to settle your claim as quickly as possible, for less that what your claim is really worth. Contact a maritime injury accident lawyer before speaking to anyone from the insurance company.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

Don't take any sort of settlement after your maritime accident before consulting with a maritime accident injury lawyer

Wed, 08 Jul 2009 08:00:00 EST

If you are injured at sea, never under any circumstances accept a settlement before consulting with a maritime accident injury lawyer. A large settlement may sound tempting at first, but could turn out to be very little compared to future medical expenses you may incur.

Talk to an offshore injury lawyer before making any decisions involving money, to ensure that you are getting the best possible recovery for your maritime accident injuries.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

Go to the hospital or physician as soon as possible after the maritime accident

Tue, 07 Jul 2009 08:00:00 EST

Make sure to seek treatment immediately after a maritime accident injury.

Go to the nearest emergency room or medic, and make sure to obtain a copy of the medical records or diagnosis and keep it for your files. Be honest with the doctors on hat happened, even if you are scared that the offshore accident was your fault. Under the Jones Act, you will be protected as an injured maritime worker.

If you or someone you know has been injured at sea, contact Jones Act attorney Brian Beckcom at 800.724.7800 to learn your rights.

Tue, 07 Jul 2009 08:00:00 EST

When is a Worker Considered to be a Jones Act Seaman?

mindywein@cox.net (Blog Author)14681 — Wed, 01 Jul 2009 08:00:00 EST

If you work in the maritime industry and have been injured, you may be protected under a federal law known as the Jones Act . This law provides compensation for workers who are classified as seamen and allows them to pursue damages when negligence was involved in the maritime accident. In a Jones Act lawsuit, you are able to recover money from the vessel owner when it is proven that negligence caused your injuries. The amount of money you can recover is substantial.

To qualify as a Jones Act seaman, there are some factors that will be reviewed to determine your status at the time of your maritime injury. A seaman is defined as a worker who is a crew member of a vessel or has been assigned to a fleet of vessels. Usually anyone who goes out to sea is considered to be a seaman. Also, if you work on the water for an extended period of time, for example on an oil rig, ship, movable platform or other vessel, you will most likely be classified as a Jones Act seaman.

There are exceptions in determining Jones Act seaman status, which is why you should consult with a knowledgeable Jones Act attorney following a maritime accident. Contact the Jones Act lawyers at the law office of Vujasinovic & Beckcom P.L.L.C. at 713-224-7800 today.

Is a Maintenance Worker Protected Under the Jones Act?

mindywein@cox.net (Blog Author)14218 — Tue, 23 Jun 2009 08:00:00 EST

A case has been brought before the Texas Ninth District Court of Appeals, which will determine whether an injured maintenance worker on a boat is considered to be a seaman and therefore entitled to protection under the Jones Act .

The Jones Act lawsuit was originally filed in Jefferson County District Court on May 18, 2007 against R.L. Eldridge Construction. Paul Bailey initiated the suit after he was injured from a fall accident on one of Eldridge’s push boats. At the time, he was employed as a maintenance worker for Eldridge. Bailey sustained head injuries from the fall and wanted to pursue compensation in a Jones Act lawsuit.

Eldridge filed a motion for summary judgment arguing that Bailey is excluded from the Jones Act because he spent only 13 out of his 62 day employment on a ship of any kind. Judge Donald Floyd of the 172nd District Court granted the motion for summary judgment and ordered that Bailey take nothing from Eldridge.

Bailey appealed the judge’s decision and stated that he spent more than half of his employment on the water as a deck hand.

Under the Jones Act, to recover compensation, the worker must be considered a seaman . Typically, a maritime employee who works over the water for extended periods of time on boats of all kinds, oil rigs, movable platforms and who go out to sea are considered Jones Act seamen.

If you have been injured in a maritime accident, contact a maritime injury lawyer at Vujasinovic & Beckcom P.L.L.C. at 713.224.7800 or 877.724.7800 for legal advice.

Drilling Rig Workers at Risk of Harmful Benzene Exposure

mindywein@cox.net (Blog Author)13294 — Fri, 05 Jun 2009 08:00:00 EST

If you work on a drilling rig, offshore oil rig or other vessel, you may be at risk of harmful benzene exposure. Benzene has been widely used for commercial and industrial purposes, despite the known fact that it is a toxic chemical. This chemical can be found in crude oil, gasoline and cigarette smoke. Prolonged exposure to benzene can lead to serious, life-threatening medical conditions.

There are guidelines set by the U.S. Occupational Safety and Health Administration (OSHA) regarding the level of benzene workers are allowed to be exposed to while performing job duties. However, maritime workers often find themselves developing serious illnesses from inhaling benzene.

Benzene exposure can affect the bone marrow and red blood cells in the body and has even been known to cause excessive bleeding. Since the immune system is also impacted by exposure to benzene, the chance of getting an infection is high. Long-term exposure has also been associated with leukemia, a cancer of the blood forming organs.

If you have been exposed to benzene on an oil rig or other vessel and have become ill, you need to speak with a maritime injury lawyer immediately. You may be entitled to compensation for your illness. Contact the law office of Vujasinovic & Beckcom today at 713-224-7800 for legal advice.

Fired for reporting a safety violation? You have legal rights

Thu, 21 May 2009 08:00:00 EST

Maritime work can be dangerous. That's one of the reasons the U.S. Congress decided to protect offshore workers who report safety violations.

You can read more about your legal issues in maritime cases by visiting www.TheMaritimeLawyer.com.

Coping with a Spinal Cord Injury from a Maritime Accident

mindywein@cox.net (Blog Author)12176 — Mon, 18 May 2009 08:00:00 EST

When a maritime accident causes damage to the spinal cord, it is known as a spinal cord injury. The spinal cord consists of a soft bundle of nerves that run from the base of the brain to the lower back. The bony spine protects the delicate spinal cord, which carries messages back and forth between the brain and the rest of the body. It is through these messages, that people are able to move and feel touch, as well as other functions.

A spinal cord injury prohibits the flow of messages to the brain and body and often results in paralysis.

If you have suffered a spinal cord injury, you have most likely already realized that your life will be changing. However, it is possible to have a full life. Many people with spinal cord injuries are able to drive and participate in sports. They are also able to continue to build relationships with family and friends.

It is common to experience feelings of frustration, anger and sadness following a maritime injury, such as spinal cord damage. There are support groups that can help and family members are typically more than willing to offer the necessary emotional support following a spinal cord injury.

If your spinal cord injury was the result of negligence or an unseaworthy vessel, you may be able to recover compensation. Contact a maritime lawyer at Vujasinovic & Beckcom P.L.L.C. at 713.224.7800 or 877.724.7800 today for legal advice.

Jones Act settlement - Insurance companies will try to cheat you

Mon, 18 May 2009 08:00:00 EST

If you have been seriously injured offshore, please read the following short article before you accept a settlement or sign any forms.

Companies try to settle cheap before you get your own legal advice

Types of Paralysis Resulting from Maritime Accidents

mindywein@cox.net (Blog Author)11955 — Wed, 13 May 2009 08:00:00 EST

A maritime accident can lead to serious injuries, including paralysis. Quadriplegia and paraplegia are two different types of paralysis that affect seamen every year.

Paraplegia
Paraplegia affects the lower extremities and is considered to be an impairment in motor and/or sensory function. This type of paralysis typically results from a spinal cord injury or a congenital condition, such as spina bifida. The thoracic, lumbar or sacral regions of the spinal cord are usually affected in a case of paraplegia.

Some people who suffer from paraplegia are able to walk, but many are forced to use wheelchairs or other devices to gain mobility. There are some complication associated with paraplegia, including pressure sores, thrombosis and pneumonia.

Quadriplegia
Quadriplegia affects all four limbs, but someone suffering from this condition may not experience a total paralysis or loss of function. Damage to the brain or spinal cord is to blame for quadriplegia. Trauma, such as a fall or assault, can lead to serious damage, causing the person who is injured to lose sensation or function of his or her limbs.

When someone is injured in a maritime accident and a spinal cord injury is suspected, it is important to seek medical attention. A delayed diagnosis of a spinal cord injury can cause further damage, resulting in quadriplegia. Someone who has a serious case of quadriplegia will need constant care and help with daily tasks, including getting dressed and eating.

Injured offshore worker obtains settlement for back injury case

Wed, 13 May 2009 08:00:00 EST

One of our firm's client recently obtained a confidential settlement in his Jones Act case after he was hurt offshore.

Click here to read the press release on this case.

Offshore Neck Injury

mindywein@cox.net (Blog Author)11156 — Tue, 21 Apr 2009 08:00:00 EST

Vujasinovic & Beckcom P.L.L.C. was recently hired to represent a cruise ship worker who hurt her neck and back on a Norwegian Cruise ship. This case is not isolated. Neck injuries are common among offshore workers and can create significant damage if left untreated.

Back and neck injuries are very different. When someone is experiencing neck pain following an offshore accident , it can mean that there is a serious problem. The cervical spine is located in the neck, which holds the spinal cord. A neck injury can lead to irreversible damage caused by spinal cord compression.

A neck injury offshore can be caused by a fall, significant strain, assault or other cruise ship accident. Numerous symptoms have been linked to a neck injury, including neck pain, weakness, tingling, numbness in the arms and upper torso and clumsiness. The pain can be severe, especially if the injury is pinching a nerve root in the neck.

Offshore workers are legally protected and can pursue compensation for their injuries. In the case of a cruise ship injury, the Jones Act may apply. A Jones Act lawsuit can result in damages for pain and suffering, past and future lost wages, mental anguish, medical expenses and other costs associated with the neck injury.

If you injured your neck on a cruise ship, you should contact an experienced offshore injury attorney who can explain your legal rights. Call Vujasinovic & Beckcom at (713) 224-7800 or (877) 724-7800 today for a legal consultation regarding your cruise injury case.

Maintenance and Cure – Compensation for Injured Seamen

mindywein@cox.net (Blog Author)10688 — Mon, 06 Apr 2009 08:00:00 EST

The Jones Act protects injured seamen and allows them to collect compensation while they recover from their injuries. This compensation, known as maintenance and cure , is available for injured offshore workers who qualify as seamen.

Maintenance is supposed to provide the amount of money necessary to cover the seaman’s living expenses. The compensation is paid at a rate equal to basic living expenses, such as housing payment, insurance, food, utilities and mileage to and from the medical provider. Maritime employers sometimes pay only a small amount of maintenance, which can be as little as $20 to $30 a day. An injured seaman may be entitled to more money in maintenance and should consult with a Jones Act attorney for legal advice.

Cure is compensation for medical expenses. It is designed to cover medical treatment, including physician visits, physical therapy and medications. Cure is paid until the injured offshore worker reaches his or her maximum medical cure, meaning until the condition cannot improve any further. Occasionally the employer’s doctor will say that the seaman has reached this maximum, but the employee’s treating physician disagrees.

If you have been injured while working offshore, you should contact a maritime injury attorney immediately. Contact Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 for a legal consultation.

Read the latest article by Mr. Beckcom on whether to give a recorded statement after an offshore injury

Sat, 14 Mar 2009 08:00:00 EST

Mr. Beckcom has published a short article on whether to give a recorded statement after you suffer an offshore on-the-job injury.

Click on this link to read Mr. Beckcom's latest article.

Diving Companies Can Be Held Responsible for a Diver's Injuries

mindywein@cox.net (Blog Author)9716 — Sat, 07 Mar 2009 08:00:00 EST

Diving injuries can be serious and sometimes result in substantial pain and suffering, even death. After a diving accident it is important to contact a diving injury attorney who can review the details of your case to determine what caused the unfortunate event. In some situations, the diving company can be held responsible.

Negligence is often a contributing factor in occupational diving accidents. A diving company can be considered negligent if improper decompression tables or experimental tables were used. If Coast Guard procedures were violated or if the wrong equipment was used, a diving company can be liable for your injuries. Sometimes there isn’t enough manpower on a vessel, which ultimately results in injuries from a dive. In that type of situation, the diving company would also be negligent.

When reviewing a diving accident case, one of the questions that will be asked is – did the diving company act in a manner that would be considered reasonably prudent when compared to other diving companies? If the answer is no, then you may have a legitimate case against the diving company.

Most injured divers are considered seamen, which makes them eligible to receive compensation under the Jones Act. The Jones Act allows injured seamen to recover compensation for pain and suffering, past and future medical expenses, past and future lost income, mental anguish and loss of household services. Contact Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 for a free legal consultation.

The article, “Who is Responsible for Diver Accident Injuries?” has more information on this topic.

An Offshore Fall Can Result in Traumatic Brain Injury

mindywein@cox.net (Blog Author)9598 — Wed, 04 Mar 2009 08:00:00 EST

Falls are the leading cause of traumatic brain injury, which can cause irreversible brain damage. When it comes to working on a vessel, falls are commonplace. As a result, many offshore workers suffer from traumatic brain injury that seriously impacts their lives.

Traumatic brain injury is caused when the head is suddenly and violently hit by an object. This trauma can occur when a worker falls on a deck and hits his or her head or if an offshore worker is assaulted by another crewmember.

There are warning signs that are unique to traumatic brain injury and if you or someone you love experiences any of these symptoms, immediate medical treatment is needed. The symptoms of traumatic brain injury include memory loss, severe headache, confusion, vision problems, depression, dizziness, lightheadedness, fatigue and behavioral changes. When an offshore worker sustains a serious head injury, there may be symptoms such as seizures, slurred speech, vomiting or nausea, loss of coordination and increased agitation.

Almost half of the patients who suffer a traumatic brain injury will need to have surgery. The recovery for traumatic brain injury can be long and painful.

When an offshore worker has a head injury that was caused by negligence or an unseaworthy vessel, compensation can be pursued. Contact the experienced offshore injury lawyers at Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800 for free legal consultation. There are laws that protect injured offshore workers.

The article, “Traumatic Brain Injury Caused from Offshore Accident,” has more information on this topic.

Mr. Beckcom publishes new article on hiring an attorney for your Jones Act or maritime injury case

Thu, 26 Feb 2009 08:00:00 EST

Read Mr. Beckcom's latest article which reveals the "truth" about most lawyers and whether they should accept or handle your Jones Act or maritime injury case.

Offshore Workers and Spinal Cord Injuries

mindywein@cox.net (Blog Author)9091 — Fri, 13 Feb 2009 08:00:00 EST

Working offshore carries significant risks, as the conditions are often dangerous and unpredictable. Offshore workers are susceptible to serious injuries that are often life changing. A spinal cord injury can result from an accident while working on a rig, tug or other vessel. Employers and vessel owners can be held liable for spinal cord injuries when negligence is involved.

A spinal cord injury results from an accident that damages the spinal cord. The spinal cord carries messages to the brain and body. These messages are what give us the ability to move and feel. When the spinal cord is injured, it can prohibit the flow of messages, resulting in permanent paralysis. The closer the spinal cord injury is to the brain, the greater impact on the body.

Paraplegia and quadriplegia are two types of permanent paralysis that commonly result from serious spinal cord injuries sustained offshore. Symptoms of a spinal cord injury include spinal cord pain, loss of movement or sensation, loss of bowel or bladder control, spasms or difficulty breathing.

Little can be done to reverse the damage of a spinal cord injury from an offshore accident. Doctors usually focus on preventing further complications and damage to the spinal cord. Focus will be placed on preventing pressure sores, also known as bed sores, maintaining strength and flexibility and learning how to use a wheelchair or other device.

The article, “Spinal Cord Injury Sustained Offshore,” goes into even more detail regarding these injuries and the rights of injured workers.

Contact the experienced maritime attorneys at Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 if you or a family member has sustained a spinal cord injury while working on a rig, tug or other vessel. We will help you obtain compensation for your injuries.

Gas Embolism Symptoms, Treatment & Compensation

mindywein@cox.net (Blog Author)8768 — Thu, 05 Feb 2009 08:00:00 EST

If you are a commercial diver, you need to be aware of potentially fatal condition known as gas embolism or air embolism. It is a condition that occurs when gas bubbles enter the bloodstream and obstruct circulation. Gas embolism is the second leading cause of death among divers.

Gas embolism is not caused by the depth of the water and can occur in just a few feet of water. If the diver’s airway is obstructed, he or she may not be able to fully exhale during the dive. As a result, the lungs become over-inflated, forcing bubbles of gas into the bloodstream. The diver may become unconscious if the gas bubbles reach the arteries in the brain.

Besides unconsciousness, some of the other symptoms of gas embolism caused by a diving accident include coughing up blood and a bloody foam around the diver’s mouth. Either of these symptoms indicates a lung injury that must be treated immediately.

If hyperbaric oxygen treatment is administered right away, it is possible to survive gas embolism. This type of treatment deflates the gas bubbles in the bloodstream and other areas of the body. Until recompression treatment is available, the diver should be kept lying down and oxygen should be given.

Sometimes the diver causes gas embolism when he or she does not fully exhale when ascending into the water, but other times, negligent actions by the diving company are to blame for the accident. If you or a family member has experienced gas embolism due to negligence by the diving company, you may be entitled to compensation. You should contact an experienced diving accident lawyer at Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 for legal consultation regarding your diving injury case.

The article, “Commercial Divers at Risk of Gas Embolism,” has more information about this topic.

New article by Mr. Beckcom about hiring an attorney for your Jones Act or maritime injury case

Mon, 26 Jan 2009 08:00:00 EST

Mr. Beckcom has published a new article about hiring the best attorney for your Jones Act or maritime injury or accident case.

You can read the latest article by clicking here.

Mr. Beckcom publishes new article on seaman's rights to medical treatment and living expenses

Mon, 19 Jan 2009 08:00:00 EST

Board certified Jones Act and maritime injury attorney Brian Beckcom has written a new article on seaman's rights when they are injured.

Don't be fooled by your employer or the insurance company. If you have suffered an offshore injury or accident, please read Mr. Beckcom's article by clicking here or call Mr. Beckcom to learn about your legal rights.

A Maritime Attorney Can Help Even if You Were Offered a Settlement

mindywein@cox.net (Blog Author)8091 — Wed, 14 Jan 2009 08:00:00 EST

If you have been injured while working offshore, you may be wondering why you need a maritime attorney if the insurance company has already offered you a settlement. There are many reasons for hiring a maritime attorney that are discussed in depth in the article, Why Do I Need a Maritime Attorney if I Was Offered a Settlement.

It is often hard to imagine that your employer, who has always been fair to you in the past, would be looking for ways to cut the amount of compensation paid to you for your injuries. The truth of the matter is that your employer will want to minimize their responsibility for your injuries, especially the amount of money paid out for your accident.

When you are working with your employer’s insurance company, you need to keep in mind that they are looking out for your employer’s best interests, not yours. They are very experienced when it comes to settling maritime accident claims and if you are not represented by someone who knows your legal rights, you may be accepting a settlement that is way below what your injuries are worth.

After an accident on a vessel, it can take some time to realize the full impact of your injuries. For example, if you injure your back, you may not immediately know how long you will be in pain, the type of medical treatment that will be required in the future and the impact the injury will have on your life. If you are quick to settle with your employer’s insurance company, you may be forfeiting your rights to collect money for future medical expenses and other costs associated with your injury.

A maritime lawyer can help you receive the compensation you deserve for your injuries by conducting a thorough investigation of your accident and gathering all of the necessary evidence to build your case. If necessary, a maritime attorney will file a Jones Act lawsuit on your behalf to recover monetary damages for your offshore injuries.

Contact the experienced maritime attorneys at Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800 for advice regarding your maritime accident case. Do not accept any settlement offer from your employer’s insurance company until you call our office.

Slip and Fall Accidents Offshore

mindywein@cox.net (Blog Author)7918 — Wed, 07 Jan 2009 08:00:00 EST

Slippery decks seem like just part of the work environment when you are an offshore worker, but did you know that the vessel owner is required to provide a safe work environment for seamen, which includes taking steps to prevent fall accidents? If a vessel owner knew, or should have known, of a dangerous condition on the vessel, including a slippery deck, and did nothing to correct it, they can be held liable for your injuries.

When you work with heavy equipment and machinery on a slippery deck, your risk of being injured in a slip and fall accident increases. As a seaman, you have legal rights if you are injured on the job. A law known as the Jones Act provides protection for injured seamen, including compensation for their injuries. If the accident was caused by negligence on behalf of the vessel owner or other responsible party, you can pursue monetary damages for your injuries, which may include pain and suffering, mental anguish, past and future lost wages, past and future medical expenses and disfigurement. You may also be entitled to these damages if it can be proven that the vessel was unseaworthy and caused your injuries.

Injuries resulting from slip and falls on deck can be serious. There have been many cases of maritime workers sustaining a traumatic brain injury, spinal cord injury, neck injury, back injury and broken bones. In more serious cases, the injuries can lead to paralysis or even death.

If you have been injured while working on a vessel, you should not hesitate to contact a maritime attorney. Your employer will be contacting their attorneys and insurance company and you should not face them alone. An experienced maritime lawyer will be able to review your injury case to determine if negligence was involved and if the vessel was unseaworthy. Contact Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800 for a case evaluation.

The article, Injured in a Slip and Fall Accident on Deck, has more information on this topic.

Helicopter crash cases - Free Special Report released

Mon, 05 Jan 2009 08:00:00 EST

As a service to people who have been injured in a helicopter crash, or to those who have lost a loved one in a helicopter crash, our law firm has released a special free report about helicopter crash cases.

The report provides a basic understanding and review of helicopter crash cases and discusses things like the following:

What causes helicopter crashes?

How many helicopter crashes happen each year?

Are there special laws or rules that apply to helicopter crash cases?

How do you get medical or funeral bills paid?

What about payment for lost time for work?

Who is legally entitled to bring a claim in a helicopter crash case?

What will the company offer in terms of settlement following a helicopter crash?

Do you need a lawyer for a helicopter crash, and if so, how do you know if you've hired a competent lawyer for your case?

To request a copy of the report, please call our law firm toll free at 877.724.7800 or go to the contact part of this webpage and request a copy.

We will immediately email you a copy of the report, free of charge.

Symptoms of Decompression Sickness Caused by Diving Accident

mindywein@cox.net (Blog Author)7403 — Thu, 18 Dec 2008 08:00:00 EST

There is a serious condition, known as decompression sickness, which can affect commercial divers. Decompression sickness, also known as bends or Caisson’s Disease, can be fatal.

Decompression sickness occurs when the body is not able to release nitrogen. When a diver goes deep into the water, the atmospheric pressure rises, which causes the body to absorb a higher amount of nitrogen. Since this inert gas cannot be metabolized, it must be released. The longer the dive, the higher the amount of nitrogen that will be absorbed. If proper measures are not taken, nitrogen can form bubbles in the blood and body tissues, which will impact normal physiological function.

Almost half of all decompression sickness cases will occur within 90 minutes after a dive is complete and 95 percent will happen within 48 hours. Since it can potentially take a couple of days for this illness to surface, it is crucial to recognize the symptoms. The warning signs of decompression sickness depend on where the bubbles are located in the body. When the bubbles are in the large joints of the body, the diver may feel localized pain, which can be dull or sharp.

Bubbles that form in the brain, spinal cord or peripheral nerves can lead to symptoms of confusion, memory loss, headache, vision problems, fatigue, seizures, dizziness, vomiting or vertigo. As bubbles form in the lungs, the diver may experience burning chest pain, breathing pain, shortness of breath or dry constant cough. Bubbles in the skin can cause itching, mottled or marbled skin, swelling or a sensation of tiny insects crawling on the skin.

Since decompression sickness can be fatal, it is important to seek medical attention after experiencing symptoms. If you have been injured on a commercial dive, you may be entitled to compensation. Many times, diving companies can be held liable for injuries. Contact the experienced diving injury attorneys at Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800 for advice regarding your case.

The article, Decompression Sickness Resulting from Commercial Diving, has more information on this topic.

Chief mate injured by chain stopper obtains $4.36 million dollar jury award

Tue, 16 Dec 2008 08:00:00 EST

A 48-year old chief mater aboard a vessel owned by Maersk Line, Ltd has obtained a jury verdict of approximately $4.36 million dollars.

The worker was struck by a chain stopper while the vessel was undocking from the pier. This resulted in ulnar and elbow fractures, which required an open reduction and external fixation, with radial head excision and ulnar nerve decompression.

The worker had been making about $150,000 / year and had $475,000 in lost wages as a result of his injuries. He is now permanently unfit for sea duty and has future lost wages of approximately $1.25 million dollars.

The defendant denied all the allegations and claimed that the plaintiff failed to control the bosun and two assistant bosuns.

The jury apparently disagreed.

Injured on a vessel, boat, or oil rig?

Our attorneys often represent workers who are injured on vessels or oil rigs or in similar circumstances. If you would like to find out about these types of accidents, insurance claims, etc. visit our law firm website and go to the Jones Act and maritime injury section.

Or call our office toll free, 877.724.7800 for a free and confidential evaluation of your case with Mr. Beckcom.

Lead Exposure Offshore

mindywein@cox.net (Blog Author)7238 — Fri, 12 Dec 2008 08:00:00 EST

Do you work offshore and believe that you may have been exposed to lead? If so, you have legal rights under the Jones Act and General Maritime Law. You may be able to recover compensation for your injuries that resulted from the lead exposure.

Lead is considered to be a harmful environmental pollutant and a serious health danger. This harmful toxin was once used in paint, gasoline, water pipes and various other products. Today, one of the main sources of lead comes from old lead-based paints. Within the maritime industry, lead-based paint may still be found on older vessels.

As an offshore worker, you can be exposed to lead through the air, drinking water, food, dust and deteriorating paint. If lead-based paint is not removed properly, which commonly occurs through sanding, dry scraping or open-flame burning, it can increase the risk of lead exposure. Your risk of developing serious health complications from being exposed to lead goes up if you are in an enclosed or if you or another worker smokes near the source of the lead exposure.

Lead exposure is serious. High levels of exposure can result in seizures, paralysis, coma or death. However, even low levels of exposure can be damaging and could impact your central nervous system, kidney and blood cells. Some of the symptoms of lead exposure include stomach ache or cramping, vomiting, fatigue, headache, irritability, changes in behavior, muscle weakness and memory loss.

You can pursue monetary damages if you were harmed by lead exposure. If you are considered a seaman under the Jones Act, you can file a claim under that law to obtain compensation of your injuries. If you are not considered a seaman, there are other laws that provide legal protection and you may still be able to recover damages.

Contact the experienced maritime lawyers at Vujasinovic & Beckcom P.L.L.C. at (877) 724-7800 for legal advice regarding your lead exposure case.

The article, Exposure to Lead in Maritime Employment, has more information on this subject.

Fri, 12 Dec 2008 08:00:00 EST

Deckhand who suffered back injury settles case against tug boat company

Thu, 23 Oct 2008 08:00:00 EST

We are pleased to announce another substantial settlement for one of our firm's maritime clients. Our client was an injured deckhand who hurt his back. We got him a substantial confidential settlement in less than one year.

Click the link above to read more.

Injured offshore? Read the latest article by the attorney who "wrote the book" on Jones Act and maritime injury cases

Wed, 08 Oct 2008 08:00:00 EST

Want to find the best attorney for your maritime injury or wrongful death case?

Click here to read the latest article from Board Certified Injury Attorney Brian Beckcom.

New article about asbestos exposure and maritime injury law

Sun, 28 Sep 2008 08:00:00 EST

Read the latest article by Brian Beckcom, Board Certified Injury Attorney, on asbestos exposure and the Jones Act.

Asbestos exposure and the Jones Act.

Injured on a barge, tanker ship, tugboat or other working vessel? Read Mr. Beckcom's latest article on these types of injury cases

Fri, 19 Sep 2008 08:00:00 EST

If you have been injured on a barge, tanker ship, tugboat, or any other kind of working vessel, take a moment to read Board certified injury attorney Brian Beckcom's latest articles on these cases by clicking below:

Are barge tankermen and other barge and dredge workers covered by the Jones Act or maritime law?

Must read articles BEFORE your hire an attorney, talk to the insurance company, or sign any forms

Mon, 08 Sep 2008 08:00:00 EST

BEFORE you sign any forms, give any recorded statements, hire an attorney, talk to the insurance company, or try to settle your case on your own, read a list of helpful articles by Board Certified Injury Attorney Brian Beckcom.

Then, order a copy of Mr. Beckcom's book, Insider's Guide to Winning Your Maritime Injury Case. The book exposes the tricks and traps the companies use to hurt, or even wreck, your case.

Jones Act injury case against Waterman Steamship

Tue, 17 Jun 2008 08:00:00 EST

Our law firm has been hired by an injured deckhand to prosecute his Jones Act claims against Waterman Steamship.

According to its website, Waterman is a "deep sea ocean carrier" operating U.S. flag vessels in liner service and time charter between the USA and Middle East ports.

Our client was injured severely while working for the company. In his lawsuit, he seeks damages for medical bills, lost past and future wages, pain and suffering disfigurement, and mental anguish.

The case is pending in Madisonville, Texas, where our client lived when he was hurt. He was hurt on the Stephen Pless, a vessel docked in Saipan.

Want to know more about maritime injury cases?

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. We are based in Houston, Texas. We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1. How to hire the best lawyer for your Jones Act or offshore injury case

2. What is the Jones Act?

3. What is a Longshoreman and What Are Their Legal Rights When Injured?

4. The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5. The Truth About Offshore Injury Claims.

6. What Should You Do If You Are Injured Offshore

7. What you should know if you were hurt offshore and your employer is giving you a hard time

8. Should I give my employer or the insurance company a "recorded statement?"

9. Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10. What happens when you file a Jones Act lawsuit.

11. 6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Injured worker sues D&S Marine Services under the Jones Act

Mon, 02 Jun 2008 08:00:00 EST

We get called by injured offshore workers all the time. Some of them have good cases, some of them don't.

We were recently retained by a young man working on the DANIEL C, a boat owned and operated by D&S Marine Services out of Louisiana. Our client was badly injured while working for D&S.

Our investigation reveals that our client was hurt because of the negligence of D&S Marine Services as well as the unseaworthiness of the DANIEL C.

If you have any information about D&S Marine Services, the DANIEL C, or any of the other vessels in the fleet, or acts of negligence by the company, please call us toll free at 877.724.7800.

Or you can contact us by submitting contact information onto this website.

To learn more about maritime cases or the Jones Act, please visit our other websites, www.themaritimelawyer.com or www.vbattorneys.com.

We are pleased to announce the coming publication of The Complete Guide to Jones Act & Maritime Injury Claims

Thu, 29 May 2008 08:00:00 EST

We are pleased to announce the coming publication of a new book written exclusively for people injured offshore.

The working title of the book is "The Complete Guide to Jones Act and Maritime Injury Claims."

We anticipate the book will be published and ready for shipment in late June or early July 2008.

This is a book that the offshore employers, cruise ship companies, and the insurance companies DO NOT want you to read.

Why?

Because we expose their tricks and secrets and defenses and provide real, practical advice for winning your injury case.

Stand-by for more details.

Want to know more about offshore injury claims?

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act? Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act? Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act? Click here to read about the difference between the two.

What to know the truth about offshore injury cases? Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights? Click here to read What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement? Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first? Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case? Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore. Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Injured employee sues Matteson Marine Service under the Jones Act

Tue, 22 Apr 2008 08:00:00 EST

An injured worker has sued Matteson Marine Service, his employer, under the Jones Act.

You can read more about the case, the allegations, and find other useful tips and resources by clicking on the link below:

Injured Worker Sues Matteson Marine Service.

Offshore back and neck injuries at sea, on vessels, or on offshore oil rigs

Sat, 12 Apr 2008 08:00:00 EST

We handle a lot of offshore injury cases. The workers who work on vessels, be they barges, dredges, boats, cruise ships, oil rigs, crane barges, or any other type of offshore vessel typically are asked to do hard, heavy manual work.

All too often, in our experience, those workers suffer back, neck, shoulder, knee, or other serious orthopedic injuries as a result of inadequate equipment, staffing, training, safety precautions, or by being pushed to do their work too quickly or in unsafe conditions.

These types of injuries can be career-threatening or even, in some cases, career-ending. Workers who must have strong backs, legs, and arms often find themselves unable to do the work when they suffer one of these types of injuries.

Often, what will happen after an injury is the company will send the worker to company-sponsored or company-affiliated doctors. After a cursory or quick medical examination, the doctor will simply send the worker back to work on "light duty" or will even give a full release, without doing a complete or thorough medical examination and before the worker is ready to return to work.

When the worker tells the company that he is not ready to return, the company will give two stark choices--return to work or lose your job.

Not much of a choice.

Fortunately, the Jones Act and maritime law provides some legal protection to workers in this situation. For example, under the Jones Act and maritime law, you are allowed to go to a doctor of your own choosing. If you are not physically ready to go back to worker, the companies should be paying part of your salary in the form of maintenance payments and should be facilitating your medical treatment and paying the doctors promptly.

If the company (or its insurance companies) don't cooperate and do everything reasonably in their power to assist you during your recovery, they may very well be running afoul of the law.

You can make a legal claim if the companies and their insurance company do not help facilitate your medical care and act reasonably when you are injured. In these situations, it is important that you talk with an experienced Jones Act or maritime injury lawyer, a lawyer you are comfortable with who has the experience and resources to help you get a full and fair recovery.

This is particularly important when your injury is career-threatening or possibly career-ending.

Don't fall into the "trap" that you must listen only to the company-referred doctor.

Jones Act Lawsuit Against Kirby Inland Marine and Capital Inland Marine

Sun, 06 Apr 2008 08:00:00 EST

Our firm is currently prosecuting a Jones Act case against Capital Inland Marine and Kirby Inland Marine, two Texas-based towing and barge companies.

You can find website links for Kirby by clicking on www.kirbycorp.com. Capital Inland Marine does not appear to have a website.

The injured party was working as a tankerman / deckhand for Capital Inland Marine. The lawsuit alleges that he was severely injured when he fell in a dangerous area of the vessel he was working on.

We are looking for any information, documents, etc. regarding either Kirby Inland Marine or Capital Inland Marine relating to any dangerous conditions or injury-causing events on their vessels.

If you have such information and would like to share it, please contact Cathy at 713.224.7800.

Preventing offshore slip and fall injuries by using non-slip coatings on walking and working surfaces

Sun, 23 Mar 2008 08:00:00 EST

Any ship, rig, barge, or boat owner who doesn't use non-skid or non-slip coatings or surfaces whether workers walking (any walking or working surface) is not living up to his responsibility to protect workers on the vessel from injury.

Maritime work can be some of the most rewarding types of employment you can find, both personally and financially. Maritime work can involve working on a jack-up oil rig in the Gulf of Mexico, a transport vessel plying the open oceans, working barges in the intracoastal waterways or Mississippi River, or anything else involving working on the rivers or open seas. But maritime work can be hazardous if the ship or barge owners do not take proper precautions to protect employee safety.

One of the more common causes of injuries on boats, barges, offshore oil rigs, and other floating vessels involves slips and falls.

Since maritime work necessarily involves working over, near, in, or around water, the walking and working surfaces get wet. And that means slippery conditions. Plus, the stairways and ladders on boats and rigs are often in tight quarters and very steep, making them even more potentially dangerous.

Slips and falls can result in extremely serious injuries. Broken bones, back and neck injuries, knee, shoulder or elbow injuries, and even serious head injuries can result from slips and falls.

How do you protect yourself?

First, always try to be aware of where you are working and walking. Keep floors and other walking and working surfaces free of debris, water, grease and other slippery substances. Clean up spills as soon as they occur.

More important, perhaps, the captain or vessel owner should ensure that all walking and working surfaces are coated with some sort of non-slip or non-skid materials. Anyone who works offshore knows that it is impossible to keep the surfaces clean of debris or slippery substances 100% of the time. That's why it's so important for the shipowners to coat the walking surfaces with non-slip materials.

Any ship or vessel owner who doesn't maintain properly non-slip walking or working surfaces is not keeping the vessel properly maintained and could be liable under the Jones Act to any worker who is injured as a result.

Can I negotiate an offshore injury case myself without hiring an attorney?

Mon, 17 Mar 2008 08:00:00 EST

The first suggestion would be not to negotiate the case yourself if it involves a serious injury, significant time away from work, or otherwise involves more than just a minor injury or a few days away from work.

Why? Because you will be entering a war zone. The company will have experienced insurance adjusters, insurance investigators, and lawyers working "behind the scenes" to try to make your case worth as little money as possible. They know the "tricks" that can hurt your case and they will use them on you with a smile on their face so you won't even see it coming until it's too late.

The insurance adjusters, investigators, and lawyers for the company make their living negotiating cases like yours. This will not be their first time to negotiate a case or the last.

If your case is serious, you should strongly consider consulting with a Jones Act or maritime law attorney. At the very least, you should try to talk to such an attorney (or, better yet, talk to a few of them) before deciding whether to try to negotiate your case yourself. Most of the time, such attorneys will give you a free initial consultation.

If your case is a smaller one, involving minor injuries or just a few days away from work, then negotiating yourself may be more efficient and effective. Here are some "tips" for negotiating these small cases yourself:

1. Get a copy of the accident report;
2. Gather together all of your medical records and bills;
3. Ask to take statements from all witnesses;
4. Type up a letter to the insurance company, include the accident report, medical records and bills, and witness statements. In the letter, set forth your opening "demand" (your first settlement number) by multiplying your medical bills and lost wages by some factor you think is fair;
5. Give the company a deadline by which to respond. If they do not respond by the deadline, you know they are not serious about your case.

Good luck.

Widow of deceased barge worker sues barge company under Jones Act

Tue, 11 Mar 2008 08:00:00 EST

A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed.

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge. The barge was empty. The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendants of deceased workers may be able to bring claims for wrongful death. Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death. The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring.

Most important, don't trust the insurance company to tell you your rights. Hire your own independent lawyer to advise you.

Resolve Marine Hit With Jones Act Lawsuit After Boat Crashes Into Jetty

Wed, 30 Jan 2008 08:00:00 EST

Two employees of Resolve Marine Group and its subsidiaries have filed suit against the company, claiming that the captain of one of the companies' boats ran the boat into a jetty, causing the men serious and permanent injuries.

The two men are claiming lost wages, pain and suffering, mental anguish, loss of enjoyment of life, and other damages and injuries.

The Jones Act provides some of the strongest legal protections for personal injury and damage. For example, in this case, it appears as if an "allision" has occurred. (An "allision" is a maritime term for striking a fixed object).

Under the Jones Act and general maritime law, when an allision occurs, and someone is hurt, the courts presume that the company was negligent. This is different from land-based claims, in which the injured person almost always has to prove the company was at fault.

Protect Your Legal Rights

Injured offshore? Interested in protecting your legal rights? If so, feel free to call us for a free, no-obligation consultation about the Jones Act, general maritime law, and your case.

Or, visit our websites to learn more about your legal rights and what we can do for you:

www.vbattorneys.com
www.maritimeaccidentattorney.com
www.themaritimelawyer.com

Thu, 10 Jan 2008 08:00:00 EST

Houston Police Officer Dies in Crash with Truck

Thu, 10 Jan 2008 08:00:00 EST

There was a very sad story in the Houston Chronicle today about an off-duty police officer who died in a crash with a truck today. Houston is one of the most dangerous cities in the U.S. for car and truck accidents. Our thoughts and prayers go out to the officer and his family.

SEAMEN'S ALERT - Important Warning for Injured Offshore Workers and Seamen

Sat, 22 Dec 2007 08:00:00 EST

SEAMEN'S ALERT

Houston, Texas - December 22, 2007

If you are injured offshore, you SHOULD NOT sign any paperwork given to you by your employer UNTIL YOU HAVE HAD THE PAPERS REVIEWED BY YOUR OWN, INDEPENDENT ATTORNEY!. Unless, of course, you want to eliminate or severely limit your legal rights.

Recently, many employers (including K-Sea Transportation Co., Weeks Marine, and Great Lakes Dredging) have coerced their injured workers into signing papers after they are hurt which severely limit the injured workers' rights in court. In some cases, signing these papers may result in the injured worker loosing thousands, tens of thousands, or even hundreds of thousands of dollars.

So unless you want to lose your legal rights, or severely limit, do not sign any papers given to you by your employer after you are hurt unless you have those papers reviewed by an independent lawyer you select. (In other words, don't rely on legal advise from a company-selected lawyer).

If you want to read a case where an injured worker basically signed away many of his legal rights, look at Barbieri v. K-Sea Transportation Corp., 2006 WL 3751215 (E.D.N.Y. Dec. 19, 2006).

Mr. Beckcom is a Board-Certified Personal Injury Lawyer who represents individuals and families. Mr. Beckcom represents injured offshore workers and railroad workers in Texas and across the nation and the world.

If you would like to speak with Mr. Beckcom about your potential legal case, you can call his law firm and schedule a telephone conference. The toll free number is 877.724.7800

You can visit one of the firm's website to learn more about what we do:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

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About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis.

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Injured Worker Sues Horizon Offshore Following Back Injury

Sun, 09 Dec 2007 08:00:00 EST

On October 22, 2007, Carlos Guzman filed a Jones Act lawsuit against CBH Services Inc. and Horizon Offshore Contractors Inc. in Jefferson County District Court.

Mr. Guzman claims that he hurt his back while moving a heavy ladder. Mr. Guzman worked as a welder aboard "The Atlantic," a Horizon owned vessel.

Mr. Guzman's lawsuit claims more than $50,000 in damages. Mr. Guzman sought out medical treatment shortly after the incident and continues to receive medical treatment from doctors and medical service providers. According to Mr. Guzman, the defendants failed to provide a safe place to work, failed to provide safe tools and equipment, and failed to provide adequate supervision, among other things.

Back injuries are a common occurrence in the offshore industry. Far too often, maritime workers are required to manually lift pieces of equipment that should not be lifted manually. Faced with a choice of complying with the orders of the boss or losing a well-paying jobs, maritime workers often have no realistic choice.

Have you suffered a back injury or other serious injury offshore?

For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

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About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases.

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Kirby Inland Marine Lawsuit Filed by Injured Tankerman

Wed, 05 Dec 2007 08:00:00 EST

Houston, Texas

A tankerman employed by Kirby Inland Marine has filed a lawsuit against the company for personal injury damages. The lawsuit is brought under the Jones Act and General Maritime Law.

According to the lawsuit, the injured employed was badly hurt as a result of unsafe equipment on a Kirby barge, including unsafe stairs and poor lighting.

The worker claims he qualifies as a Jones Act seaman and is entitled to maintenance and cure, negligence damages, and damages for the unseaworthiness of the vessel.

The worker has hired Brian Beckcom and his law firm, Vujasinovic & Beckcom, P.L.L.C. to represent him in his case.

For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

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About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases.

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Man Injured on Norweigian Cruise Line cruise ship near Miami

Tue, 04 Dec 2007 08:00:00 EST

A Norwegian Cruise Line passenger fell five stories on a cruise ship going from Key West to Miami. He fell from the 8th floor to the 3rd floor. the Miami Dade County Fire Department took him to a trauma center.

Injury at Sea?

For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

***************

About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases.

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Global Industries Offshore Settles Jones Act Case Brought by Injured Rigger

Sun, 14 Oct 2007 08:00:00 EST

Global Industries Offshore has agreed to settle a Jones Act case. The case was brought by a rigger who was injured on the Global REM Commander dive vessel. The rigger was injured when a defective chain binder failed, striking him violently in the face, shattering his teeth and gums, and injuring his neck. The rigger hired Brian Beckcom of Vujasinovic & Beckcom, a Houston-based maritime and Jones Act law firm, to handle his case. After one year of work, the case was settled for a significant confidential amount. According to the injured seaman's attorney, Brian Beckcom, the case was complicated by the fact that Global Offshore claimed that the rigger was not a Jones Act seaman, destroyed or lost the defective chain binder after the accident, and blamed at least three other companies for the rigger's injuries. "This case demonstrates that Jones Act cases need experienced Jones Act attorneys. The case was complicated from a legal and factual standpoint. We are glad that our client was able to secure a substantial settlement despite all the obstacles Global Offshore's lawyers threw up to try to avoid responsibility to him." For more information, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites: www.vbattorneys.com www.themaritimelawyer.com www.maritimeaccidentattorney.com *************** About the firm Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases. ***************

Seaman Settles Jones Act Case

Wed, 26 Sep 2007 08:00:00 EST

Seaman Jacob Robichaux settled his Jones Act case against the Midnight Rider vessel, Helix International Energy Solutions Group, Cal Div International and Mariner Energy. The settlement occurred on September 8 and it is confidential.

Robichaux was employed by Helix Energy Solutions as a crewmember on the Midnight Rider. While working, he injured his head, back, and neck. He claimed the vessel was unseaworthy and that the defendants were negligent. He brought his claims under the Jones Act.

Robichaux sought $5 million dollars in his lawsuit. His damages included lost wages, medical expenses, pain, suffering, impairment and other related expenses.

Read more about the case by clicking here.

Injured Offshore?

Have you been injured offshore? If you are looking for an attorney to represent you, call the lawyers at Vujasinovic & Beckcom, P.L.L.C. All the lawyers are board certified injury specialists with extensive knowledge regarding offshore injuries, the Jones Act, and maritime law.

To read more about the firm, visit its main website at www.vbattorneys.com or its dedicated maritime website at www.maritimeaccidentattorney.com.

Jones Act Seaman Files Suit Claiming Exploding Hose Caused Burn Injuries

Sun, 16 Sep 2007 08:00:00 EST

A Jones Act seaman has filed a lawsuit claiming that exploding engine pump on the Chesapeake Bay vessel, owned and operated by Omega Protein Corp., caused serious facial burns.

The seaman is suing Omega Protein under the Jones Act for failing to properly maintain its vessel and train is employees.

Omega Protein is the nation's largest producer of Omega-3 fish oil, fish meal and fish solubles.

The seaman is suing in Jefferson County, Beaumont, Texas.

More About Jones Act Suit Filed Against Marquette

Tue, 09 Mar 2010 08:00:00 EST

A Louisiana seaman has filed a Jones Act suit against Marquette Transportation Co. Gulf-Inland. The Seaman claims that he was injured on board a vessel operated by the company.

According to Timothy J. Rogers, he suffered injuries while working on board the Mary Kay, which is operated by Marquette Transportation Co. Gulf-Inland. The seaman filed the lawsuit on February 19, 2010, in Jefferson County District Court.

While working on the Mary Kay, Rogers claims that he sustained injuries to his back and body. However, Rogers has not specified how the injuries occurred.

He has also cited that the Mary Kay was unseaworthy and has blamed Marquette for negligence, resulting in his injuries.

Rogers has made claim that he has incurred medical costs and loss of wages. He has also indicated that he has suffered physical pain, mental anguish, physical impairment and physical disfigurement as a result of his injuries sustained on board the Mary Kay.

Johnson is seeking a judgment that will include more than the minimum jurisdictional limits of the courts as well as pre-judgment interest and post-judgment interest. He is also seeking attorney’s fees and other relief that the court sees fit.

The Jefferson County District Court number is: D186-080. Judge Milton Shuffield, 136th District Court, will be presiding over the case.

An accident aboard a ship can be catastrophic and lead to serious complication. We wish Mr. Rogers a speedy recovery.

Rogue waves kill two passengers aboard Med cruise ship

Wed, 03 Mar 2010 08:00:00 EST

Two European men were killed Wednesday when three separate waves smashed into a cruise ship in the Mediterranean Sea.

The 26 foot waves—“abnormally high” according to Louis Cruise Lines spokesman Michael Maratheftis—shattered glass windshields in the forward section of the Cyprus flagged Louis Majesty. An Italian and a German man were killed and six other suffered minor injuries.

The Greek coast guard says that the event happened near Marseilles, France on a cruise from Barcelona to Genoa.

The ship and its 1,930 passengers and crew are reportedly returning to Barcelona.

Source: Breitbart.com

Somali pirates take down Saudi tanker

Wed, 03 Mar 2010 08:00:00 EST

14 crewmembers aboard a Saudi tanker have been taken hostage by Somali pirates.

According to the European Union Naval Force (EUNAVFOR), the 5,130 ton Al Nisr Al Saudi was outside of the area designated for patrol by warships when it was hijacked. The crewmembers’ nationalities are not known and the captain is Greek. All aboard are said to be safe.

The fuel oil carrier was empty of cargo and was reportedly taken to the pirate enclave of Garacad, Somalia.

Source: USA Today

International seafarers unions threaten to boycott Gulf of Aden

Mon, 01 Mar 2010 08:00:00 EST

Labor unions representing mariners from at least seven countries are calling for a boycott of the pirate laden Gulf of Aden and Horn of Africa coastal region if the situation does not improve soon.

The National Union of Seafarers of India (NUSI) is leading a coalition of unions from India, Bangladesh, Indonesia, Malaysia, Philippines, Sri Lanka, Ukraine and other nations to stop the supply of seafarers from sailing in the deadly waters. The NUSI claims that it is taking the initiative in protecting its members from piracy and after a date yet to be announced will implement the boycott.

The boycott threat was prompted by the November hijacking of the M/V Al Kahliq, which was held with its 26 person crew for more than three months. Presently Somali pirates hold 11 ships and over 200 crew members.

Why should seafarers be made sitting ducks and left to the mercy of the pirates?” asked an official with the union.

Source: Maritime Professional

Norovirus confirmed as cause of Caribbean cruise ship illness

Fri, 26 Feb 2010 08:00:00 EST

The sick count is up to 413 passengers and crew aboard a cruise ship sailing from Charleston, South Carolina to the Caribbean. That number is an increase from the 326 persons reported stricken with the illness earlier in the week. The illness is now reported to be Norovirus and the main symptoms are nausea, diarrhea and upset stomachs.

A Celebrity Cruise spokesperson says that 48 persons are in quarantine aboard the Celebrity Mercury, which carries over 1,800 passengers and 850 crew members.

Norovirus has a track record of plaguing cruise ships. Norovirus can survive for weeks on surfaces at room temperature and is difficult to kill. Doctors say only chlorine bleach will kill it. Not even alcohol wipes will do the trick. The virus is passed through the vomit or stool of infected people and by direct contact with an infected person, eating or drinking contaminated food or liquids and by touching dirty surfaces and putting hands in the mouth.

The ship is due back in Charleston Friday.

Source: Associated Press

Cosco Busan owner hit with $10 million fine

Thu, 25 Feb 2010 08:00:00 EST

Fleet Management Ltd, the Hong Kong based owner of the ship responsible for the worst oil spill in San Francisco Bay history, has been ordered to pay a $10 million fine.

The U.S. District Court in San Francisco has ordered that $2 million of the total will fund San Francisco Bay marine research projects.

The Cosco Busan is the 901-foot container ship that struck a support tower of the San Francisco – Oakland Bay Bridge in thick fog at 8:30 a.m. on November 7th, 2007. The ship scraped along a protective fender for 16 seconds, slicing open two fuel tanks like a can of sardines.

Nearly two years of legal wrangling went by before Fleet Management accepted responsibility for its role in the accident, pleading guilty to negligence in violating the Oil Pollution Act of 1990 (OPA 90). The management company also pled to obstruction of justice, making false statements to investigators, and falsifying documents.

The company has promised to implement a strict training voyage program for ships sailing to the U.S. Masters will be instructed on proper procedures for commanding vessels and all bridge officers will undergo shipboard management training.

53,500 gallons of heavy bunker oil spilled into the Bay, closing 50 beaches and oiling over 200 miles of shoreline. At least 2,500 birds were killed along with seals and other species of marine life.

Source: Marine Log

Louisiana Harbor Worker is Shocked by Exposed Wire

Tue, 23 Feb 2010 08:00:00 EST

A Louisiana accident leaves a harbor worker injured after he touches an exposed wire. The incident took place in late 2007 at the Conrad Industries shipyard located in Morgan City, Louisiana.

The victim, Nicholas Boudreaux, was working for Superior Energies at the time the incident took place. He was allegedly working on a ferry in a dark and confined area when he came in contact with a live wire. An electrical current was sent through his hand and out of his neck rupturing a disc.

According to Boudreaux, the ferry was in the water at the time the accident occurred and that the defendant, Conrad Industries, was responsible for the vessel. Superior Energies had been employed by the defendant to install insulation in the ferry.

On January 22, 2010, Boudreaux filed a suit against Conrad Industries, alleging a breach of the General Maritime Law and the Longshore and Harbor Workers Compensation Act.

Conrad Industries has been accused of negligence for failing to provide a safe environment, failing to conduct proper inspections of the wiring on the vessel, for damaging existing wiring, not repairing existing wire and failing to organize the project on the ship so that the wiring could be properly repaired.

Boudreaux claims that he is still required to obtain treatment from his injury. He is seeking damages for pain, suffering, mental anguish, physical impairment, medical expenses and loss of wages.

This is an unfortunate accident and we wish Mr. Boudreaux a speedy recovery.

Outbreak strikes 326 passengers on Caribbean Cruise

Tue, 23 Feb 2010 08:00:00 EST

It is not known what caused an unidentified illness outbreak aboard a Celebrity Cruise ship afflicting at least 350 persons.

326 passengers and 27 crew members reported vomiting, upset stomachs and diarrhea aboard the vessel which departed Charleston, South Carolina on February 15 for a Caribbean cruise.

A company spokesperson said Tuesday that the victims were responding favorably to treatment and that an “enhanced cleaning” is underway to prevent the illness from spreading further.

An additional physician and two nurses were brought aboard in St. Kitts and the ship will dock back in Charleston before the weekend.

The vessel has over 1,800 passengers and 850 crew members on board.

Source: Miami Herald

Houston Tugboat Accident Leaves One Man Dead

Fri, 19 Feb 2010 08:00:00 EST

A tugboat accident leaves one man dead after the tug sinks to the bottom of the Houston Ship Channel. The incident took place on Wednesday evening, February 17, 2010.

There were five seafarers onboard when the tug sank. According to the Coast Guard, workers from a nearby refinery site were able to rescue four of the victims. However, they were unable to locate the fifth seafarer. TNT salvage divers recovered the man's body the following afternoon. Officials have not released the man’s identity.

The 56-foot tug J.R. Nichols sank in the Houston Ship Channel near the Sims Turning Basin and shut down approximately four miles of the ship channel. The J.R. Nichols was carrying approximately 10,000 gallons of diesel fuel at the time of the sinking. Approximately 1,000 gallons of that spilled into the ship channel.

The Houston tugboat accident is still under investigation by officials. It has not been determined what caused the tugboat to sink. The Coast Guard indicated that the cause would not be able to be determined until the tugboat has been raised.

This is a tragic and unfortunate incident. Our thoughts and condolences go out to all of those that have been affected by this terrible accident.

Capsized Kinder Morgan boat removed from Houston Ship Channel

Sun, 14 Feb 2010 08:00:00 EST

The Kinder Morgan tugboat that sank last week, the J.R. Nichols, has been removed from the Houston Ship Channel.

One sailor drowned after the J.R. Nichols sank in the Houston Ship Channel.

No word yet from Kinder Morgan on the cause of the sinking. We continue to hope that Kinder Morgan cooperates with the Coast Guard investigation and honestly answers any questions from the deceased sailor's family.

Texas Couple Hospitalized After Yacht and Tugboat Collide

Thu, 11 Feb 2010 08:00:00 EST

A boating accident involving a 50-foot yacht and a tugboat leaves an elderly couple hospitalized after the two watercrafts collide on the Intracoastal Waterway in Louisiana. The incident took place on Monday afternoon, February 8, 2010.

According to the Louisiana Department of Wildlife and Fisheries, the incident sent a Texas man and his wife, both in their 70s, to Lafayette General Medical Center where they were treated for injuries sustained in the boating accident.

According to Capt. Jubal Marceaux, Charles Burt, 72, of Seabrook, Texas, underwent surgery for head injuries. His wife, Sandra Burt, 70, was treated for moderate injuries.

Investigators said that Charles Burt indicated that the boat was on autopilot but he was at the helm at the time of the collision. The tugboat was pushing barges at the time.

Burt was able to moor the yacht despite his injuries. The yacht appeared to have been damaged above the waterline.

"He stated he didn't even realize what he had hit, but was able to moor the boat back to a dock off the Intracoastal Waterway," Marceaux said.

Marceaux indicated that the captain of the tugboat was the one that reported the incident to the Coast Guard.

The boating accident is still under investigation by local authorities.

This is an unfortunate accident and our thoughts go out to all of those that have been affected by the incident.

One still missing in Houston Ship Channel tugboat accident

Thu, 11 Feb 2010 08:00:00 EST

The Houston Chronicle is reporting today that the Coast Guard and rescue divers from the Houston Police Department are still searching for one crewmember of the J.R. Nichols, a 56-foot tugboat that sank befor 10:30 p.m. last night in a Houston Ship Channel accident.

Four workers have been recovered but one is missing.

For the sake of the family of the missing man, we hope the Coast Guard is successful in its efforts.

J.R. Nichols is owned by Kinder Morgan, one of the largest pipeline transportation and energy storage companies in North America. KinderMorgan recently purchased MEGAFLEET, a tug and pushboat company. We have had many calls from employees who worked for MEGAFLEET but were then fired by Kinder Morgan.

We currently represent one such worker who was injured on a tug boat in his case against Kinder Morgan.

We hope Kinder Morgan gets to the bottom of why this accident happened in the Houston Ship Channel so this does not happen again.

Crewmember's body from J.R. Nichols recovered

Thu, 11 Feb 2010 08:00:00 EST

We are saddened to report that divers have recovered the body of what is believed to be a missing deckhand from the J.R. Nichols, a 54-foot tug owned by Kinder Morgan that sank in the Houston Ship Channel today.

Our thoughts and prayers go out to the missing man's family.

The other four crewmembers suffered from hypothermia but have been released from the hospital.

The Coast Guard is investigating the sinking of the J.R. Nichols. We hope that Kinder Morgan will provide immediate answers to the deceased worker's family and cooperate fully in the Coast Guard investigation.

We are also hopeful that Kinder Morgan will not circle the wagons and begin taking steps to protect itself at the expense of its employees, and in particular, the family of the man who drowned.

Jones Act Suit to be Settled in Sledge Hammer Incident

Wed, 03 Feb 2010 08:00:00 EST

A Jones Act lawsuit involving a seaman that was struck on the head while at work is expected to be settled before the case goes to trial.

According to the Southeast Texas Record, Nicky Hutson, a Mississippi seaman, filed a lawsuit against his employer after a fellow shipmate struck him on the head with a sledgehammer. Hutson claimed that his employer, Rowan Companies, negligently failed to properly supervise its employees.

The trial is expected to commence on February 8, 2010. However, the parties contacted the presiding Jefferson County Judge Milton Shuffield, 136th Judicial District, and reported that both parties have reached a tentative settlement. Details concerning the potential settlement were not made available.

According to court papers, the incident in question took place on May 23, 2007, while Hutson was working aboard the vessel Bob Palmer, located in Sabine Pass.

“Hutson experienced an accident which resulted in serious painful injuries to his head and other parts of his body while employed by Rowan and while being supervised by Rowan,” the lawsuit states. “Specifically, another employee struck Hutson on the head with a sledge hammer causing him to sustain a closed head injury.”

Hutson, who is represented by Kurt Arnold, a partner in the Arnold & Itkin law firm, issued a complaint that cited that Rowan failed to provide proper crew supervision and adequate safety equipment.

Several Injured when Kentucky Steamboat Strikes a Parked Barge

Wed, 28 Oct 2009 08:00:00 EST

Several people suffered injuries when a Kentucky steamboat crashed into a parked barge. The boat accident took place along the Ohio River and occurred at approximately 1:45 PM on Saturday afternoon, October 17, 2009.

The Belle of Louisville was pushed into a parked barge by strong winds about a quarter-mile north of Harrods Creek, north of Louisville. Officials report that between six to eight people suffered injuries when the force of the impact knocked them to the ground.

The injuries appeared to be minor, said Vince Luney, a 911 supervisor. He did not know for sure how many people were involved in the crash.

According to the ship’s chief executive officer Linda Harris, the ship was carrying about 280 passengers, as well as about 20 crew members, when the Belle struck the parked barge. She said that many of the passengers were elderly.

The Louisville Metro Fire & Rescue, the Metro Police River Patrol, the Harrods Creek Fire Department and the Oldham County Fire Department all reportedly responded to the scene.

The steamboat was on a public cruise that had left around noon that day when the accident took place.

The crash reportedly caused the Belle to lose power and caused serious damage to the paddlewheel.

The U.S. Coast Guard is expected to assist in the investigation and help determine the cause of the accident, Belle officials said.

Bridge Closed After Barge Slams Into It

Tue, 27 Oct 2009 08:00:00 EST

A bridge is closed by the Mississippi Department of Transportation after a barge breaks free and slams into it. The barge accident happened early Thursday morning between 6:15 AM to 9 AM, October 22, 2009.

The loose barge crashed into the bridge supports for U.S. 80 and Interstate 20 in the Mississippi River. This span is the only bridge that extends across the river between the Mississippi cities of Natchez and Greenville.

Traffic was forced to be rerouted for approximately three hours by transportation authorities. Traffic was able to be redirected to Greenville and Natchez by authorities, according to Louisiana State Trooper Mark Dennis, when the normal flow of traffic was eventually restored later that morning.

When crews arrived at the scene they immediately inspected the damage from the bridge as well as from the water. Crews did not detect any serious damage to the bridge supports, according to Ricky Moon with the state Department of Transportation and Development.

The incident reportedly happened when three barges broke loose from a southbound tow about 6:15 AM causing at least one of the barges to slam into the Mississippi bridge.

According to U.S. Coast Guard Petty Officer Stephen Lehmann, the Coast Guard is still investigating the crash to determine what caused the barges to break loose in the first place.

Jones Act Suit Filed by Jefferson County Man

Thu, 22 Oct 2009 08:00:00 EST

A Jones Act lawsuit has been filed by a Jefferson County man against his employer. The Texas man claims that his employer failed to provide a safe place to work resulting in career-ending injuries.

The incident reportedly took place on September 1, 2009 onboard a ship operated by defendant Hercules Offshore. Ayala was employed by defendant Global Industries Offshore at the time he suffered the severe and debilitating injuries.

Ayala filed his complaint on October 5, 2009 in Jefferson County District Court, which has been assigned to Judge Gary Sanderson, 60th District Court.

The Jones Act suit claims that the companies failed to provide a seaworthy vessel. It also claims that the defendants failed to provide proper supervision onboard the vessel at the time of the incident.

According to the plaintiff’s complaint, he has suffered pain, mental anguish and a loss of earnings due to the injury as well as incurred medical expenses.

The complaint also cites that the companies failed to pay for his maintenance and cure. The Jefferson County man is seeking exemplary and punitive damages as well as costs, legal fees and other relief to which he may be entitled.

Ayala has retained Attorney Brian Beckcom from our law firm.

Boat Accident Kills Three People

Wed, 21 Oct 2009 08:00:00 EST

Three people are dead in New York after a speedboat carrying seven passengers strikes a marsh island. Four others were critically injured. The boating accident happened on Sunday evening, October 4, 2009.

The Hustler brand speed boat carrying the seven victims was navigating a narrow channel in the dark. The 40-foot high-performance powerboat struck a marsh island east of Wantagh Parkway. According to police Det. Lt. Kevin Smith, the incident took place in a marshy area located just east of the bridge spanning over Island Creek.

The impact caused all seven passengers, including the boat’s captain, to be thrown overboard, according to Coast Guard Petty Officer Barbara Patton.

Smith said that he could not tell how fast the speedboat was going when it hit the marsh island. “To hit the marsh and run up on top of it like that, you would have to be going at a pretty good rate of speed,” Smith later said.

According to police, the boat’s captain was in his 60s. He was found dead at the scene. Two other people, a man and a woman, were pronounced dead at local hospitals. The man had been taken to Nassau University Medical Center. The other victims had also been transported to nearby hospitals.

Police have not released the names of any of the victims.

The Coast Guard, New York Police Department and Nassau Police Department all assisted in the rescue efforts. The boat accident is still under investigation.

Search for Possible Bicycle Owner is Suspended by Coast Guard

Thu, 08 Oct 2009 08:00:00 EST

The search for a bicycle owner who may have gone overboard has been suspended by the Coast Guard. The bicycle in question was found aboard the 6:45 PM sailing of the Washington State Ferry Hyak, traveling from Seattle to Bremerton, Washington. The incident took place on Friday evening, September 18, 2009.

The search began after the Hyak pulled into port at approximately 7:41 PM and the bike, which is reported to be an older model man’s blue Schwinn, was discovered abandoned aboard the ferry.

The Coast Guard Station Seattle began its search when it was notified of the abandoned bicycle at 8:22 PM. A rescue boat was dispatched to search for the possible owner of the bike who may have fallen overboard.

Other rescue agencies dispatched to assist in the search included the Coast Guard Air Station Port Angeles, Port Angeles Police and the Seattle Fire. The crews searched the Hyak’s course in case the owner had fallen overboard.

When the multi-agency search was proven unsuccessful, the Coast Guard called off the search about 11:00 PM that same evening.

The owner of the blue Schwinn was never located. The Coast Guard has asked that any persons with possible information to contact them immediately.

Federal Courts Rule that Sunken Vessel was Seaworthy

Sun, 27 Sep 2009 08:00:00 EST

A federal jury in Portland, Maine, ruled that the fishing vessel that sank on July 13, 2005, was seaworthy.

Fisherman Gary Thorbjornson, 42, of Port Clyde, died when the fishing boat he was on, The Sirius, capsized. The boat accident took place approximately 60 miles off the coast of Rockland. The boat’s crew included Thorbjornson’s son, Garrett, 17, and crewman David Wilgus, 19.

The Sirius was headed home after being loaded with approximately 10,000 pounds of groundfish when it began to take on water. “Leaky vessel’s pumps just couldn’t keep up,” a family member said.

Thorbjornson was fetching survival suits from below when the boat capsized. All three men were thrown into the sea. Garrett Thorbjornson and Wilgus survived the accident by locating a life raft and sharing one survival suit. They were eventually rescued by the Irene & Alton.

The trial, which lasted three days, resulted in a federal jury finding for the owners and ruling that the Sirius was seaworthy.

Garrett Thorbjornson and Wilgus filed a civil suit for personal injuries under the Jones Act and the general maritime law of unseaworthiness against the F/V Sirius Inc. in the Maine District of the U.S. District Court. Tammy Thorbjornson, Thorbjornson’s widow, also filed a civil suit against the owners of the ill-fated boat.

Divers Recover the Bodies of Two Fishermen

Sat, 26 Sep 2009 08:00:00 EST

The bodies of two fishermen were recovered from the Columbia River west of Boardman, Oregon. The divers recovered the bodies approximately 150 feet upstream from the site where the boat that they were fishing from was believed to have capsized.

The victims, Thane Cowash, 46, and Pete Goodlance, 22, were both from Warm Springs, according to Morrow County Sheriff Ken Matlack. Matlack also reported that both bodies had been transported to Burns Mortuary in Hermiston.

The fishing accident took place at approximately 1:30 PM on Monday afternoon, September 14, 2009. Both bodies were recovered upstream from the accident site due to underwater currents and strong westerly winds, according to Matlack.

There were three other men onboard who made it safely to shore including Gary Katchia, 27, who said that the boat capsized when strong waves hit it. The other survivors included Thomas Charley, 28, and Bruce Jim, 62, a Warm Springs commissioner. Rescue crews transported Jim to Kadlec Medical Center in Richland, Washington. Jim is reported to be in stable condition by a hospital official.

The five fishermen were reportedly fishing for salmon approximately two miles east of Three Mile Island. They were about 10 miles west of Boardman when the incident took place.

The boat accident is currently under investigation.

Boaters Rescued After 8 Days on top of Capsized Boat

Fri, 25 Sep 2009 08:00:00 EST

Three fishermen were stranded for eight days off the coast of Texas. They were rescued by Eddie Yaklin, of Kingsville, Texas, approximately 180 miles off the coast of Texas after their fishing boat accident.

The three men, James Phillips, 30, Curtis Hall, 28, and Tressel Hawkins, 43, began their fishing trip on August 21, 2009. They were finally rescued on Sunday morning, August 30, 2009.

The United States Coast Guard searched for the men for several days with assistance from Air Station Houston, Air Station Corpus, a small boat, two C-130’s and two Coast Guard Cutters.

“The Coast Guard searched approximately 86,000 square miles for these gentlemen,” said Coast Guard Petty Officer Renee Iloaiello. The Coast Guard suspended the search on the previous Friday.

Yaklin, the owner of several south Texas car dealerships, rescued the men two days later when he stumbled upon their capsized fishing boat.

“It’s like finding a needle in a haystack,” said Iloaiello of Yaklin.

The men fought hunger, heat and the fear of sharks during their eight day ordeal. They apparently survived by rationing gasoline, bubblegum, chips and crackers. Yaklin treated the three men to a steak and potato dinner aboard his 75-yacht.

“We just hugged each other and said we’re going home,” said Phillips when the fisherman realized that they had been spotted by Yaklin.

Hawkins appeared on NBC’s “Today Show” the next day where he said that is was the power of prayer that had the men feeling safe.

Cruise Passenger Killed in Accident

Thu, 10 Sep 2009 08:00:00 EST

A passenger on the Royal Caribbean’s Freedom of the Seas was killed in an accident during a ship-organized excursion in Cozumel.

Royal Caribbean issued a statement saying, “On Friday, September 4, a guest traveling onboard Freedom of the Seas joined a catamaran shore excursion where he was involved in an accident and was fatally injured. The guest’s family and friends have remained in Cozumel, where members of our specially trained Guest Care Team met them, and have remained with them to assist.”

The media in Mexico stated that the 50-year-old man from the United States, fell from the Island Shuttle, which is a vessel owned by the ferry company, Ultramar. His fall occurred as the boat was docking at the Cozumel pier. He is believed to have suffered serious injuries from the boat’s engine. He died from cardiac arrest triggered by the injuries.

The excursion has been suspended by Royal Caribbean. This accident is not the first this summer for the cruise line. A vehicle carrying 49 Royal Caribbean passengers was involved in a crash on St. Thomas during a ship-sponsored shore excursion, which has also been suspended.

Court Rules That Maintenance Worker Not Entitled to Jones Act Protection

Fri, 04 Sep 2009 08:00:00 EST

Paul Bailey was injured while working as a maintenance worker for marine contractor, R.L. Eldridge Construction. He filed his lawsuit under the Jones Act, but the Texas Ninth District Court of Appeals ruled that he is not eligible to sue under this federal law.

Bailey’s accident occurred in September 2006, when he fell from the top deck of a push boat owned by Eldridge. He sustained head injuries and later filed a Jones Act lawsuit against the company in Jefferson County District Court. The Jones Act requires that the injured worker be considered a seaman, in order to pursue compensation under this law. According to Eldridge, Bailey was not a seaman and should be excluded from filing a Jones Act lawsuit.

The case made it to the Appeals Court and justices ruled in favor of Eldridge. Justice Charles Kreger stated that the Jones Act is designed for seamen, not "land-based workers who have only a transitory or sporadic connection to a vessel in navigation, and therefore whose employment does not regularly expose them to the perils of the sea."

Eldridge had submitted evidence showing that Bailey was not a seaman at the time of his maritime accident. According to the opinion, “the evidence submitted by Bailey is insufficient to create a genuine issue of material fact with regard to the challenged element of his status as a ‘seaman’ under the provisions of the Jones Act.”

Vessel Operator Killed in Boat Accident

Thu, 27 Aug 2009 08:00:00 EST

Fifty-nine-year-old Jerry Campbell, a delta boat rescuer, was killed in a vessel accident while returning home. His 26-foot salvaging boat called the “Old River,” struck a sea wall near the Carquinez Bridge in the Mare Island Strait.

The vessel collision occurred about 9:30 PM on Friday, August 14, 2009. The boat hit a break wall on Mare Island, which caused Campbell to sustain fatal injuries.

The U.S. Coast Guard received a call within 15 minutes of the boat accident and dispatched a vessel to the accident scene. When they got there, Campbell was found with no pulse and was badly injured.

Campbell’s wife had been on the phone with him at the time of the accident. She said that she did not hear any signs of trouble until the impact. She left the phone line open and heard the Coast Guard board the boat and announce that her husband had no pulse.

Campbell worked for the delta branch of Vessel Assist, which is similar to an auto club. He had towed both a stranded-client boat and a Vessel Assist boat that had been sent out for the rescue, but lost power.

The vessel accident is still under investigation. Petty Officer Erik Swanson said that the boating conditions were calm at the time of the collision.

Woman Dies in Vessel Accident

Tue, 25 Aug 2009 08:00:00 EST

Thirty-seven-year-old Michelle Passante drowned in a vessel accident after her boat flipped over. She became trapped inside the small cabin of the vessel.

There were seven people aboard the boat when an afternoon storm caused 5-foot waves. The motor boat capsized in the Gulf. The U.S. Coast Guard was able to bring Passante’s body back to the Pascagoula station, along with four of the survivors. Two of the other survivors swam from the boat to a nearby oil rig and climbed on. They were also picked up by the Coast Guard.

Some of the survivors were transported to local hospitals for treatment for their injuries, but there were no serious injuries reported following the boat accident.

A call for help was received by the Coast Guard, reporting that a 21-foot Mako had capsized 27 miles south of Petit Bois Island at approximately 3:30 PM on Wednesday, August 12, 2009. The Coast Guard deployed a large cutter, helicopter and an airplane in the rescue attempt.

According to Jeffery Cole, senior chief petty officer in charge of the cutter, “the seas literally went from flat calm to 4 ½ or 5-footers in a matter of 45 minutes. It was pretty bad – heavy rain and frequent lightning. It hit us and we were only 20 miles west of the vessel.” He said that he was informed that the motor boat was swamped by high waves.

Survivor Shares Story of the Boat Accident That Took Multiple Lives

Thu, 20 Aug 2009 08:00:00 EST

In March 2009, a tragic boat accident claimed the life of Oakland Raider linebacker, Marquis Cooper, and three other people. For the first time since the boating accident, the lone survivor is sharing his story.

Bernard Goldberg had an exclusive interview to be aired on HBO’s “Real Sports” with Nick Schuyler, the only man who survived the accident. According to the mother of one of the victims, Schuyler has not talked about it with anyone.

One of the most heart wrenching portions of the interview is Schuyler’s account of losing Cooper. He said that the boat, owned by Cooper, was 50 miles offshore when they experienced unmanageable weather conditions. Not long after, the boat capsized, leaving the men in the cold water.

After many hours in the water, Cooper succumbed to hypothermia and delirium. The men were wearing nothing more than life preservers, t-shirts and shorts. According to Schuyler, Cooper became unconscious. He tried to hold onto Cooper and to the body of Corey Smith, but eventually had to let go of Cooper. Schuyler said that that was the hardest thing he has ever had to do and his memory will haunt him.

Cooper is survived by a wife and daughter.

Fisherman Sustains Injuries in Boating Accident

Mon, 17 Aug 2009 08:00:00 EST

Ronald Walker, a 50-year-old Cape May County man, injured his leg in a maritime accident on the morning of Thursday, August 6, 2009. He was airlifted to a local trauma center following the fishing accident that almost took his leg.

At the time of the accident Walker was fishing for bait fish on a 50-foot net boat named the Constaino L. He was approximately three miles south of Miah Maull Shoal Lighthouse when his rain gear became entrapped in a line hauler, according to Down Township Fire Rescue Chief, Cliff Higbee. Walker’s left leg became stuck in the metal wheel used to haul in nets.

Walker, who is the captain of the Constaino L, was fishing with a companion ship, the Regent Star, at the time of the boating accident.

Shortly after the accident, a Coast Guard vessel was dispatched to the location of the Constaino L. According to Higbee, the Coast Guard boat had been involved in a drill when it was diverted to help Walker.

Walker was later flown to the AtlantiCare Regional Medical Center in Atlantic City. He sustained severe leg injuries, which included a compound fracture and heavy blood loss, according to Higbee.

Seaman Sues Employer for Fall Accident on Barge

Tue, 04 Aug 2009 08:00:00 EST

A Jones Act lawsuit has been filed against Cal Dive Offshore Contractors by an injured seaman. Timothy David Jones, a Nederland resident, claims that he sustained serious and permanent injuries from a fall accident on a barge while working for Cal Dive.

The complaint was filed by Jones on July 22 in the Beaumont Division of the Eastern District of Texas. Jones was employed as a seaman and was doing work as an oiler and mechanic on board the barge owned by Cal Dive, when the slip and fall incident occurred.

The accident in question took place on November 7, 2008 as Jones climbed a ladder to access a diesel generator on the barge. He slipped and fell when the vessel was tossed by choppy seas. Jones tried to catch himself, but instead he claims he sustained serious and permanent injuries.

The plaintiff is seeking compensation for maintenance and cure, attorneys’ fees, medical expenses, loss of earnings, physical impairment, loss of consortium and damages for pain and mental anguish.

U.S. Coast Guard Warns Divers to Use Caution

Wed, 29 Jul 2009 08:00:00 EST

After the numerous diving fatalities this year, the U.S. Coast Guard has issued a warning to divers to practice caution while diving. The warning is for both experienced and inexperienced divers.

In 2009 alone, there have been three diving accidents off the shore of New Jersey. However, that is not the only area that has witnessed diving fatalities.

Training should be the top priority for divers, which will help reduce the likelihood of a diving accident. One veteran diver commented that the number one thing for divers is proper training and knowing your limits when it comes to diving.

“Make sure you are certified through one of the recognized dive instruction certification programs,” said Lt. Alan Fitzgerald, the command diving officer of the Coast Guard Maritime Security Response Team in Chesapeake, Virginia.

It is recommended that divers get a medical examination from their physician before the dive, to make sure their body can handle it. Dive equipment should always be thoroughly checked to make sure it is functioning properly. Also, divers need to be aware of the symptoms of diver distress, including dehydration, hypothermia and heat exhaustion.

Justices Rule that Injured Seaman Entitled to Punitive Damages

Fri, 24 Jul 2009 08:00:00 EST

The U.S. Supreme Court has upheld the right of an injured seaman to recover punitive damages when an employer refuses to pay for medical care and other related expenses.

The case was based on the Jones Act, along with Miles v. Apex Marine Corp, that strictly defined the damages seamen can obtain when suing an employer for maintenance and cure, which provides compensation for medical care and living expenses during a sailor’s recovery.

Justice Clarence Thomas wrote for the majority stating that punitive damages have generally been available and awarded in general maritime actions, which also includes some actions involving maintenance and cure. He wrote that “we find that nothing in Miles or the Jones Act eliminates that availability.”

Thomas went on to write that “American courts have…permitted punitive damages awards in appropriate cases since at least 1784.”

Edgar L. Townsend was a crewmember on a motor tug, when he fell on the boat’s steel deck and injured his shoulder and arm. The vessel owner, Atlantic Sounding, would not pay for the injured crewmember’s maintenance and cure. As a result, Townsend sued Atlantic Sounding for negligence and its failure to pay maintenance and cure and wrongful termination under the Jones Act and general maritime law.

Injured Seaman Files Jones Act Lawsuit After Falling on Knife

Wed, 15 Jul 2009 08:00:00 EST

A Harris County seaman claims that he was seriously injured on July 2, 2006 while fixing a meal. He is suing three Louisiana-based companies and a jack-up rig in Galveston County District Court.

In his Jones Act lawsuit, Michael Robinson alleges that during his meal break, he fell in the galley of the M/V Nicole Eymard. He attributes his accident to the mobile platform in rem, Coastal Catering LLC, Offshore Marine Contractors Inc. and Offshore Marine Inc.

His original petition states that the defendants owed him a duty to furnish a safe place to work and a seaworthy vessel. Due to the unseaworthiness of the vessel, he was injured and sustained damages, according to the petition.

Robinson apparently tripped on a 1/8 inch thick mat just as he prepared his meal. At the time of his fall, he was holding a knife. As a result, he injured his abdominal area. The seaman is adamant that he did nothing to cause the accident and was conducting himself as a reasonable or prudent person would.

He is seeking damages for pain and suffering, impairment and limitation of activities, disfigurement, medical expenses, mental anguish and losses of wages and household services.

Fall Accident on Barge Claims the Life of a Worker

Mon, 06 Jul 2009 08:00:00 EST

A man from Norwalk was severely injured in a barge accident and later died. Paul Rysz had been working on a barge owned by Norwalk Marine Inc., when he fell overboard into shallow water. The barge accident took place in Pine Creek, which is a tributary leading to Long Island Sound.

Rysz had been working on a long metal pole used to anchor the vessel. It is believed that a crane used to lift and drop studs into a secure area injured Rysz, causing him to fall overboard into shallow water, according to Fairfield fire department.

At the time of the accident, the crew had finished working at Pine Creek and was getting ready to travel back to the Cove Marina, where it is docked. Robert Carocari, the captain of the tug boat that pushes the barge, dove into the water and helped Rysz get to a nearby dock. Robert Bradley, another worker, then assisted in pulling him out of the water onto the dock.

When firefighters arrived at the scene, they applied emergency medical care to Rysz. He had sustained a traumatic injury and was taken to Bridgeport Hospital, where he died one week later.

Jones Act Case Remanded Over Statute of Limitations Questions

Thu, 02 Jul 2009 08:00:00 EST

A Jones Act lawsuit has been sent back to Beaumont by a U.S. appeals court because there are still questions regarding the statute of limitations and when the plaintiff should have been aware of his medical condition.

A lower court decision was reversed by the U.S. Fifth Circuit Court of Appeals in New Orleans, which had stated that all injury claims made by Herbert Pretus, Jr. against Diamond Offshore Drilling Inc. should be dismissed. According to the appellate justices, the lower court had not fully taken into consideration when the statute of limitations should begin.

Pretus’ original case was filed in Texas state court on September 6, 2006 under the Jones Act and general maritime law against Diamond Offshore. Pretus had worked for Diamond Offshore as a roustabout in 1978 and was later assigned to the safety department.

From 1999 to 2000, Pretus worked on the Ocean Confidence, which was a floating hotel that was being retrofitted into an offshore drilling rig. Pretus said that the environment on the drilling rig was wet and moldy.

During his time on the Ocean Confidence, Pretus started experiencing respiratory problems and had “cold like” symptoms. He said these symptoms usually went away when he returned home. In 2004, his symptoms got worse and he took a leave of absence to pursue medical treatment. He eventually saw an infectious disease specialist who informed Pretus that he had a fungal infection in his lungs. The condition, if not recognized, can lead to an irreversible loss of lung function.

Two People Rescued Following Sinking of Boat

Mon, 29 Jun 2009 08:00:00 EST

Two people have been rescued after their 20-foot boat began sinking in the Merrimack River. This fishing boat accident follows one that took the life of Seth Coellner, a former Coast Guardsman.

Jorge Menese and Lourval Navarro, the two fishermen who were rescued, had reported that their boat was quickly taking on water after they dropped anchor west of the Salisbury jetties. The two men had just began an evening of fishing. It is believed that their lack of basic boating knowledge contributed to the accident.

According to Boat Tow US representative Michael Goodridge, the two fishermen made an inexperienced mistake, by throwing the anchor over the bow when they were running down current. This mistake caused the anchor to grab the end of their own outboard motor, causing them to turn to the current and making a wave over the back of the boat.

The fishermen panicked and added additional weight to the stern of the boat, which was already taking on water. Two nearby fishermen heard their cries for help and called the Coast Guard. As a result, the men were rescued from the water not long after they had gone overboard.

This boat accident, along with the recent fatal accident involving Coellner, shows how bad weather and lack of knowledge of area tides can lead to serious problems.

Appeals Court Considering Jones Act Status of Maintenance Worker

Mon, 22 Jun 2009 08:00:00 EST

The Texas Ninth District Court of Appeals is considering whether or not a maintenance worker on a boat is technically a seaman and therefore protected under the Jones Act.

Paul Bailey fell from the top deck of a push boat owned by R.L. Eldridge Construction in Sabine Pass. The 2006 fall accident occurred after co-workers had been roughhousing and threw a string of firecrackers at Bailey. The 22-year-old maintenance worker sustained head injuries from his fall.

In 2007, Bailey filed a Jones Act lawsuit against Eldridge in Jefferson County District Court. In response to the lawsuit, Eldridge submitted a motion for summary judgment, making the argument that out of the 62 days Bailey was employed, only 13 were spend aboard a ship of any kind, which would prevent him from pursuing a Jones Act claim.

The Jones Act is a federal law that allows injured seamen to pursue damages from their employers due to negligence caused by the vessel owner, captain or fellow members of the crew. In order to recover under this law, the worker has to prove some negligence or fault and the worker must be classified as a seaman.

In 2008, the judge ordered that the plaintiff take nothing from the defendant. Bailey appealed the ruling and is asking justices to reverse the decision made by Judge Donald Floyd of the 172nd District Court.

Ship Accident Near Cape May

Wed, 10 Jun 2009 08:00:00 EST

Another ship accident occurred twenty days after the Lady Mary sank 65 miles offshore. The accident involved a scallop boat and a large container ship.

On April 14, an 85-foot scallop fishing boat known as the Dictator, was seriously damaged after an incident with a 965-foot container vessel. The accident occurred 47 miles off the coast of Cape May. Even though the vessel did not sink like the Lady Mary, three crewmembers were injured.

At the time of the vessel collision, the fishing vessel was carrying seven crewmembers and an observer onboard. The Dictator lost its drive train when its stern was hit, which damaged the rudder wheel and shaft. The crewmembers took immediate action and no lives were lost in the encounter.

Rick Curtis, the captain of the Dictator, said that the positive outcome of the accident was attributed to safety training of the crew. He also said that he spotted the Florida, a 965-foot British-registered container ship, going down the side of his boat, causing water to wash over the stern.

Curtis made a mayday distress call right away. Initially, the Florida did not respond and continued on its journey.

According to Curtis, the Florida crew said that they did not see his fishing vessel, despite the fact that there were three people in its wheelhouse.

Fishing Boat Accident Near Sabine Pass

Mon, 08 Jun 2009 08:00:00 EST

A fishing boat capsized approximately 20 miles off Sabine Pass. The Coast Guard Headquarters received a call saying, “Mayday, Mayday. Hello? We have a boat sinking. Come in.” The next thing that was heard from the captain was “Abandon ship!”

The four fishermen on the 25 foot Searay were forced to abandon their boat. They had been fishing for bait near an oil rig when 4 to 5 foot waves began breaking over the back of the fishing vessel. The waves overwhelmed the bilge pumps and caused the ship to start sinking.

The fishermen, Mark Bruyn, Lee Wellenwaber, Rocky Chapman and his son Bobby, had to make a quick decision. Wellenwaber and the Chapmans climbed onto the rig while Bruyn continued to make calls for help on the sinking ship.

Rocky Chapman said Bruyn was making mayday calls while the water was almost up to his waist. The GPS system on the fishing boat helped Bruyn give an exact position.

Bruyn jumped from the sinking fishing boat into the ocean approximately 40 feet from the rig where the other men were waiting. However, he had trouble swimming to the rig because of the sea’s current. The fishermen threw Bruyn a rope and he was able to pull himself in.

A Coast Guard helicopter responded quickly to the fishing boat accident and was at the location of the sinking ship in just short of 30 minutes.

Ship Accident Prompts Widow's Lawsuit

Thu, 04 Jun 2009 08:00:00 EST

The widow of a New Hampshire man, who was believed to have drowned in Lake Winnipesaukee after he fell overboard from a ship, has been offered a settlement for her lawsuit.

James Nelson Sylvestre, a 45-year-old man, fell overboard from the MS Mount Washington. He was attending the ship’s Halloween party in October 2006 when the ship accident occurred. A search was initiated, but Sylvestre’s body wasn’t discovered until a year later.

The details of the settlement offered to Karen Sylvestre, James’ widow, were not disclosed. Karen claimed that the owners and employees of the Winnipesaukee Flagship Company were negligent in causing the death of her husband. The defendant hired a medical expert who stated that James’ high cholesterol and high blood pressure, along with the fact that he was overweight, meant that he could have suffered a stroke and fallen overboard.

The case was settled outside of court.

Jones Act Seaman Files Lawsuit Over Crushed Hand

Thu, 28 May 2009 08:00:00 EST

A Jones Act lawsuit was filed in Galveston County District Court on May 15 by Marco Jacobo, a seaman from Nicaragua. Jacobo has filed the suit against his employers, Greece-based Harbor Shipping & Trading SA and Sunrise Shipping Agency Inc.

Jacobo alleges that his left hand was crushed by a piece of machinery on one of his employer’s vessels. He claims that the companies neglected to make sure that a water pump he was operating aboard the M/V Chios Princess on September 30, 2006 was functioning properly. Jacobo had been ordered to take water out of a tank using the pump. When he used the water pump, it malfunctioned and seriously injured his left hand.

Since the accident, Jacobo has been rendered unemployed and has not been able to make payments for the medical treatment he received. He is pursuing monetary compensation alleging that his injuries “were legally caused by the negligent acts of the defendants and the unseaworthy condition of the M/V Chios Princess.”

The original petition states that Jacobo would show that “in reasonable probability his injuries and damages will continue in the future.”