Attorney Blog

Gulf oil rig explodes

blog@www.maritimeaccidentattorney.com (news Author)17452 — Thu, 02 Sep 2010 08:00:00 EST

13 crew members have been safely evacuated from a Gulf of Mexico oil platform after it exploded this morning. The rig sits in 2,500 feet of water located west of the Deepwater Horizon site and about 80 miles south of Vermilion Bay on the central Louisiana coast. A commercial helicopter flying over the area first spotted the flames coming from the platform at approximately 9:30 a.m. A Coast Guard spokesman said all crew members are alive and have been accounted for. There is one person injured; the extent of the injury is not yet known. The survivors were retrieved from the water wearing survival suits. It has not been confirmed if oil is leaking from the site. The platform is owned by Marine Energy of Houston.

Source: FoxNews.com

Another Gulf of Mexico Oil Rig Explosion, Which Injures One

blog@www.maritimeaccidentattorney.com (news Author)17453 — Thu, 02 Sep 2010 08:00:00 EST

An offshore oil rig in the Gulf of Mexico caught fire, leaving at least one maritime worker injured. The explosion took place at approximately 9:00 AM on Thursday morning, September 2, 2010, about 80 miles of the coast of Louisiana.

The offshore oil platform, which is owned by Houston-based Mariner Energy Inc., had been drilling in approximately 340 feet of water, which is considerably shallower than BP’s Deepwater Horizon, which exploded in April 2010 and claimed the lives of 11 maritime workers.

According to the U.S. Coast Guard, all 13 workers onboard the rig were accounted for and taken to a hospital in Houma, Louisiana. One of the workers was reported as suffering injuries in the explosion. However, the worker’s condition was not immediately made known.

Though smoke could be seen billowing from the oil rig, it hasn't been confirmed whether the rig is actively burning or if there is any oil leaking into the already oil saturated Gulf. It is also unclear as to what may have caused Mariner Energy’s oil platform to catch fire.

According to reports, the oil platform was not currently producing oil and gas at the time of the accident.

If you have been hurt in an offshore oil rig explosion, order a free copy of the controversial book, Insider's Guide to Winning Your Maritime Injury Case. You can also contact a maritime attorney at our office for a free, confidential consultation by calling 877.724.7800.

Mariner Energy Oil Rig Explosion Creates a Tidal Wave of Concern

blog@www.maritimeaccidentattorney.com (blog Author)38366 — Thu, 02 Sep 2010 08:00:00 EST

As the offshore industry is still trying to recover from the deadly blast onboard the Deepwater Horizon, a recent explosion has created another tidal wave of concern. The USA Today has reported that an oil rig has exploded in the Gulf of Mexico, south of Vermilion Bay. All thirteen people have been accounted for, but it is believed that at least one person has been injured.

The oil rig explosion occurred at approximately 9:00 AM this morning. According to Chief Petty Officer John Edwards, the rig, which is owned by Mariner Energy, was still burning an hour after the accident.

Rescue workers from both New Orleans and Houston are responding to the accident. The U.S. Coast Guard stated that five helicopters, two fixed-wing planes and two cutter ships have been dispatched to the scene.

It has not been reported whether the rig was engaging in deepwater drilling similar to the Deepwater Horizon. Mariner Energy’s website does state that the company “has actively conducted exploration and development projects since 1996 in water depths ranging from 1,300 feet up to 7,100 feet.”

We will be following this story closely and will be updating our website with the latest information. In the meantime, you can view our other articles relating to oil rig explosions including:

If you or a family member has been hurt in an offshore oil rig explosion, order a free copy of my book, Insider's Guide to Winning Your Maritime Injury Case. You can also contact our office for a free, confidential consultation by calling 877.724.7800.

Mariner Energy is No Stranger to Oil Rig Accidents

blog@www.maritimeaccidentattorney.com (blog Author)38371 — Thu, 02 Sep 2010 08:00:00 EST

It seemed like a terrible déjà vu this morning when it was reported that an oil rig caught fire in the Gulf of Mexico, forcing thirteen workers into the water. The oil rig accident occurred 80 miles off the coast of Louisiana.

The rig, which is owned by Mariner Energy, was reportedly not producing oil at the time of the explosion. MarketWatch.com stated that the workers were painting and sandblasting when the fire erupted. All of the workers have been rescued and it appears that there were no fatal injuries.

Many people are asking questions about Mariner Energy - what does this company do and what is its safety record?

According to Mariner Energy’s website, the company “is one of the leading independent oil and gas exploration and production companies in the Gulf of Mexico.” Approximately 85 percent of the company’s production occurs offshore. Mariner Energy has been performing deepwater exploration and development projects since 1996.

The Houston Chronicle did some digging and discovered that Mariner Energy is no stranger to oil rig accidents. The blog post, "Mariner involved in nine recent Gulf accidents, four with violations," gives a startling account of the company’s accident history. Nine accidents have occurred from 2006 to 2009. It appears as though at least three of these accidents resulted in injuries, ranging from burns to an eye injury. Four of the accidents involved violations.

Our thoughts go out to the workers involved in the recent Mariner Energy accident, as they recover from this incident.

If you have been hurt in an offshore oil rig explosion, order a free copy of my book, Insider's Guide to Winning Your Maritime Injury Case. You can also contact our office for a free, confidential consultation by calling 877.724.7800.

What exactly is a negative pressure test?

blog@www.maritimeaccidentattorney.com (blog Author)38212 — Tue, 31 Aug 2010 08:00:00 EST

If you’ve followed the coverage of the investigation into the causes of the BP Deepwater Horizon (DH) explosion that killed 11 workers, you’ve probably received a good introduction into Well Drilling 101. Terms like “annulator,” “centralizers,” “drilling mud” and “blowout preventer” have become familiar if not completely understood; the specific purpose of each component may be hard to grasp without working in the industry. One such term that has been prominently featured in the coverage is a “negative pressure test.” Out of all of the questionable practices carried out by the companies involved in the DH disaster, the negative pressure test on April 20 may be the most critical one. According to Oil Gas Glossary.com, a negative pressure test is:

“A method of determining the amount of pressure that is allowed to appear on the casing pressure gauge as a kick is circulated out of a well. in general, it is determined by slowly pumping mud into the well while it is shut in and observing the pressure at which the formation begins to take mud.”

We have posted a picture of a typical negative pressure test in our library here.

BP blames its engineers in internal probe

blog@www.maritimeaccidentattorney.com (news Author)17343 — Mon, 30 Aug 2010 08:00:00 EST

A BP internal investigation of the Deepwater Horizon disaster blames its engineers for misreading test results on the well’s stability shortly before the explosion on April 20. According to the report, managers believed the test showed that the well was in good condition, prompting their decision to replace some of the drilling mud with lighter seawater to prevent gas from escaping. In reality the test indicated that a blowout was imminent, Bloomberg reports. The move proved disastrous as gas raced up the well and triggered an explosion which killed 11 workers, injured 17 persons and began a three month period in which almost 5 million gallons poured into the Gulf of Mexico.

BP said it will release its internal probe finding within 10 days.

Source: Reuters

BP internal probe on Deepwater Horizon explosion raises more questions

blog@www.maritimeaccidentattorney.com (blog Author)38147 — Mon, 30 Aug 2010 08:00:00 EST

According to a BP Plc internal probe on the cause of the Deepwater Horizon disaster, the company’s engineers are blamed for misreading the Macondo well’s stability test results on the day of the explosion. The report said that the engineers mistakenly believed that the tests indicated the well was stable but in reality the signs clearly pointed to an impending blowout. This led to the decision to replace some of the heavier drilling mud with lighter seawater which resulted in gas escaping and sparking the explosion that killed 11 workers, injured 17 persons and began a three month period in which almost 5 million gallons of oil poured into the Gulf of Mexico.

If this report is accurate, and the engineers misread the test, the question is, why? These were no doubt highly trained and experienced engineers who had conducted these types of tests before.

Of course, with BP managers and engineers taking the Fifth, we are left to wonder what really happened. Did they really believe the test was satisfactory or did the pressure of cost overruns and excessive delays on the well “make” them believe it was satisfactory?

Source: Reuters

The True Definition of Blacklisting

blog@www.maritimeaccidentattorney.com (blog Author)38153 — Mon, 30 Aug 2010 08:00:00 EST

What is the true definition of blacklisting? The American Heritage Dictionary defines a blacklist as a “list of persons or organizations who have incurred disapproval or suspicion or are to be boycotted or otherwise penalized.” This leads to the question - does blacklisting happen in the maritime industry?

While there may not be an official list that is passed around, maritime workers do run the risk of being shunned in the industry for filing injury claims. However, it is crucial to understand that it doesn’t happen to everyone.

Blacklisting is the number one fear of injured maritime workers when they consider filing a claim against their employer. This fear can keep them from collecting the compensation that they deserve.

There are a few things that all injured maritime workers need to understand. First, recognize who gets blacklisted. Maritime workers who file frivolous or illegitimate lawsuits and who file as many as 6 to 7 lawsuits may find themselves blacklisted. The worker gets the reputation of someone who is quick to sue. Companies may not want to take the risk of hiring such a person.

Second, understand that filing a single legitimate claim will probably not result in being blacklisted in the industry. You can read more in our article, The Maritime Worker Who Might Be Blacklisted.

For a free, confidential case evaluation, contact our office at (713) 224-7800 or (877) 724-7800.

Be sure to order a FREE copy of the book, The Insider's Guide to Winning Your Maritime Injury Case.

This Texas Law Could Alleviate the Fear of Being Fired for Filing a Maritime Claim

blog@www.maritimeaccidentattorney.com (blog Author)38155 — Mon, 30 Aug 2010 08:00:00 EST

Have you recently been injured as a maritime worker? Perhaps you are afraid of being fired if you hire a maritime attorney or file a claim against your maritime employer. Is your fear justified?

There is a Texas law that may apply in maritime injury cases. According to the V.T.C.A., Labor Code § 451.001, any discriminatory job action against an employee is covered under the anti-retaliation law. This could mean that your employer is not allowed to fire you in retaliation for filing a maritime claim against them or for hiring an attorney.

V.T.C.A., Labor Code § 451.001 also has other important elements that may protect you, if you decide to pursue a claim against your employer.

There are various laws that are designed to protect you and your fellow workers. However, understanding the intricacies of these laws can be difficult. That is why if you are injured as an offshore worker you should speak to an experienced maritime lawyer, who can help you understand your rights and determine if your employer acted unfairly towards you.

If you believe that you have been fired unfairly as a maritime worker, you should contact our office for a free consultation at (713) 224-7800 or (877) 724-7800.

Be sure to order a FREE copy of the book, The Insider's Guide to Winning Your Maritime Injury Case.

Fishing ranked as most dangerous job in survey

blog@www.maritimeaccidentattorney.com (news Author)17331 — Sun, 29 Aug 2010 08:00:00 EST

In a CNN Money.com survey, fishing is ranked as the most dangerous job in America, and it’s not even close. Its fatality rate is 200 per 100,000 which is over three times greater than logging, which is second on the list. The highest fatality rate comes from cold-weather states because of factors such as severe storms and icy decks. Limited fishing seasons creates a “race to fish,” according to the Environmental Defense Fund.

Here’s the rest of the top 10:

Logger: 61.8 fatalities per 100,000
Airplane Pilots: 57.1
Farmers & Ranchers: 35.8
Roofers: 34.7
Ironworkers: 30.3
Sanitation Workers: 25.2
Industrial Machinest: 18.5
ConstructionL: 18.3
Truckers & Drivers/Sales Workers

WSJ story shows mass confusion on day of Deepwater Horizon blowout

blog@www.maritimeaccidentattorney.com (news Author)17332 — Sun, 29 Aug 2010 08:00:00 EST

A piece in the Wall Street Journal shows how the decision to make key changes to a critical safety test led to chaos and arguments in the hours before the Deepwater Horizon blew out, exploded and killed 11 workers. Amidst the confusion arose one critical question: why did the crew ignore warning signs of impending doom and not take action that would have averted the disaster? Ironically, two managers of Transocean, the rig’s owner, were focused on ceremonies honoring the crew for its safety record.

Read more.

Feds target BP's Houston office in Deepwater Horizon probe

blog@www.maritimeaccidentattorney.com (news Author)17325 — Sat, 28 Aug 2010 08:00:00 EST

Federal investigators are looking at what role BP’s Houston operations office played in the design errors potentially behind the Deepwater Horizon well blowout on April 20. Moreover, they are looking toward one man—supervisor John Guide—who workers are pointing toward as the major decision maker in the Macondo well’s design. Coast Guard Capt. Hung Nguyen, the lead investigator, said this week that two key BP technicians have named Guide as the person who approved the decision to use only six centralizers instead of the 21 recommended to stabilize the well’s piping. Halliburton reportedly sent BP a warning on April 18 that using fewer centralizers could cause a “SEVERE” gas flow.

Source: Los Angeles Times

BP's words to live by

blog@www.maritimeaccidentattorney.com (blog Author)38095 — Sat, 28 Aug 2010 08:00:00 EST

“But, who cares, it’s done, end of story, will probably be fine.”
--Brett Cocales, BP drilling engineer

“Well, this is how it’s gonna be.”
--Donald Vidrine, BP official

Neither Cocales nor Vidrine made these remarks in public. Cocales’ statement was discovered in an in-house email he sent four days before the Deepwater Horizon explosion that killed 11 workers and injured 17. Vidrine hasn’t spoken at all, having avoided Congressional testimony three times because of “illness.” He’s the supervisor who allegedly gave the order to ignore warning signs and continue with production of the Macondo Well. His words have been alleged by others who were on the rig with him just before the explosion. Cocales is already deflecting blame to Mark Hafle and Brian Morel, two engineers in the BP Houston office, as being the ones who gave the order to proceed with far fewer safety devices than were recommended.

Source: Los Angeles Times

BP supervisor's defense: I didn't see Halliburton's warning

blog@www.maritimeaccidentattorney.com (blog Author)38096 — Sat, 28 Aug 2010 08:00:00 EST

Halliburton technical advisor Jesse Gagliano warned BP in an April 18 document that its plan to use only six centralizers instead of the recommended 21 was risky and could result in a “SEVERE” gas flow problem from the Macondo well. Gagliano also said he personally talked about the risk to BP employees. Centralizers are doughnut shaped devices that go around the pipe to keep it from hitting the outer wall.

But BP’s Houston based supervisor John Guide said he was not aware of the document.

“It was never brought to my attention during the whole time I was involved in the (Deepwater) Horizon,” Guide said.

Source: Los Angeles Times

You May Be Safer On Your Next Cruise

blog@www.maritimeaccidentattorney.com (news Author)17301 — Fri, 27 Aug 2010 08:00:00 EST

Are you planning your next vacation? Perhaps, like many Americans, you are considering a cruise for you and your family. If so, you might feel safer to know that the new Cruise Vessel Security and Safety Act has become law.

The new bill, authored by Rep. Doris Matsui (D-CA) and Sen. John Kerry (D-MA), received broad bipartisan support and was signed into law by President Obama on July 27, 2010. The purpose of the law is to increase the security and safety for cruisers.

“Every year cruise line companies carry over 10 million Americans to and from American ports,” said Rep. Ted Poe (R-TX). “The cruise line companies promise Americans safety, security, fun and relaxation aboard the ships. But as we have seen, safety is not something the cruise lines are always prepared to guarantee.”

Rep. Ted Poe’s website states that the bill requires ships to strengthen security measures and report alleged crimes.

The bill also addresses the issue of safety rails. Cruisers will soon see peepholes on every cabin door. Ships are also to install video surveillance and time sensitive key technologies to detect passengers who might fall overboard.

The bill addresses the issues of crime aboard ships, especially sexual crimes. Ships will now be required to have equipment to conduct medical examinations in the event that a sexual assault takes place. They will be required to maintain a supply of medications to prevent sexually transmitted diseases, if someone becomes a victim of a sexual assault.

The legal determination of retaliatory discharge from worker's comp claims

blog@www.maritimeaccidentattorney.com (blog Author)38045 — Fri, 27 Aug 2010 08:00:00 EST

Let’s look at Texas cases that centered on the connection between worker termination and worker’s compensation claims. Sometimes employers were found guilty of retaliatory discharge. In Southwestern Bell Telephone Co. v. Garza (2004) , the court ruled after evidence showed that the termination was strictly related to a compensation claim. In Haggar Clothing Co. v. Hernandez (2003), a seriously injured employee (who filed a comp claim) was fired after not following the supervisor’s instruction to stay on the job so their unit would not be disqualified from receiving a safety incentive bonus.

However, the evidence must prove a correlation between a comp claim and a termination. In Willis v. Nucor (2008), Williams v. AT & T Inc. (2009) and Nzeda v. Shell Oil Co. (2007), courts ruled that knowledge of a comp claim filing by itself was not evidence of impermissible retaliatory motive.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Comp claims and absence control policy

blog@www.maritimeaccidentattorney.com (blog Author)38047 — Fri, 27 Aug 2010 08:00:00 EST

One issue that comes up frequently in worker’s comp--retaliatory discharge cases is the so-called “absence control policy.” Absence control policy deals with the terms allowed under a company’s leave of absence policy. For example, in the State of Texas, no leave of absence may last more than six months. The law states that a worker will be separated from employment if unavailable for work six months in a twelve-month period or nine months in an eighteen-month period. Essentially, this policy is in place to protect companies in the event that a worker misses so much time from the job that their work is just not getting done.

This policy is not iron clad as there are exceptions including military duty, jury duty, voting and job-related medical examinations.

Where this issue comes up is often when an injured employee is out of work for an extended period of time and files a comp claim. Sometimes the court rules that he or she was terminated in retaliation for filing the claim. Sometimes, however, courts say that the claim was irrelevant in the decision to terminate employment.

There are a number of rulings under Chapter 451 of the Texas Workers’ Compensation Act here.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

BP loop holing its way out of $20 billion fund

blog@www.maritimeaccidentattorney.com (blog Author)38048 — Fri, 27 Aug 2010 08:00:00 EST

BP’s $20 billion oil disaster compensation fund is not all that it appears to be. Apparently negotiations between the Administration and the company significantly undermined the fund’s purpose.

For example, there are no disclosure requirements. Money can be spent on reimbursing state and local response which reduces the amount for victims. The fund is capped at $20 billion even though administrator Ken Feinberg previously said it was not.

In essence: full victim compensation is threatened and BP has incentives to expand risky Gulf production.

Send President Obama an email urging him to fix the fund.

The legal principle protecting you from blacklisting

blog@www.maritimeaccidentattorney.com (blog Author)37974 — Thu, 26 Aug 2010 08:00:00 EST

Under tortious interference of contractual rights, we can go after an employer if it’s proven they badmouthed you to the industry so that you will be unhireable. Tortious interference means someone intentionally harms another person’s business or contractual relationships. If this happens, you can file a claim against the responsible party. Among the actions that give rise to liability are making false statements against the person or disclosing private information such as a negative performance review. In order to prevail in a tortious interference case, you must submit proof that the company acted improperly, purposely and with malicious intent to hurt you by inducing a third party to refrain from a business relationship with you. Finding that proof is best handled by an offshore law firm experienced in conducting maritime blacklisting investigations.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Afraid of getting fired for filing a comp claim? The law is on your side.

blog@www.maritimeaccidentattorney.com (blog Author)37975 — Thu, 26 Aug 2010 08:00:00 EST

There are state laws that protect you from being discharged for filing a comp claim, hiring a lawyer or being a witness.

For example, under Subtitle B, Chapter 451 of the State of Texas Labor Code, “a person may not discharge or in any other manner discriminate against an employee because the employee has:

1) filed a worker’s compensation claim in good faith;
2) hired a lawyer to represent the employee in a claim;
3) instituted or caused to be instituted in good faith a proceeding under Subtitle A;
4) testified or is about to testify in a proceeding under Subtitle A.”

Other states have similar protection against worker retaliation.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Being fired when you're injured isn't necessarily retribution under the law

blog@www.maritimeaccidentattorney.com (blog Author)37976 — Thu, 26 Aug 2010 08:00:00 EST

In Texas and other states, an employer can terminate an “at will” employee—even if he or she is off because of a work-related injury—and not be guilty of so-called retaliatory discharge. Harris v. American Red Cross (1990) ruled that this is allowable provided the employer did not discriminate against the worker for filing for worker’s comp. The same Texas case cited that an employer was not guilty of retaliatory discharge even though the company fired a worker after obtaining a medical opinion that the worker was medically cleared to return to work but the employee refused to do so and did not file for worker’s comp.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.
Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Who really is at risk of being "blackballed" or "blacklisted?"

blog@www.maritimeaccidentattorney.com (blog Author)38005 — Thu, 26 Aug 2010 08:00:00 EST

Is the fear of being blackballed in the maritime industry keeping you from contacting an attorney? You are not alone.

When injured maritime employees contact our office, one of the first things they ask is whether they will ever be able to work again in the industry, if they pursue an injury claim.

You may be fully aware of the legal channels available to you in the event of a maritime accident. Yet, like many of your colleagues, you might be afraid that if you pursue your legal rights you could become blackballed or blacklisted by the industry and unable to find future employment.

Here is what you need to understand - it is unlikely that you will find yourself blackballed or blacklisted by the industry. However, there are two scenarios that can result in potential problems for you.

A frivolous or exaggerated claim can impact your reputation and make it hard for you to find another job. Also, if you have a long history of filing legal claims against maritime employers, you could find yourself undesirable to other companies. They may not want to take the risk of hiring you.

It is critical that you understand that an experienced maritime attorney can advise you on the strength of your case. You should seek legal advice before making any decisions.

For a free, confidential case evaluation, contact one of our experienced maritime attorneys at (713) 224-7800 or (877) 724-7800.

Be sure to order a free copy of my book, The Insider's Guide to Winning Your Maritime Injury Case. It will answer many of your pressing questions.

Some attorneys won't take your blacklisting claims seriously. We listen.

blog@www.maritimeaccidentattorney.com (blog Author)37938 — Wed, 25 Aug 2010 08:00:00 EST

Some offshore firms scoff at the idea of a blacklist and will look at you as a conspiracy theorist rather than take your concerns seriously. For example, one prominent Gulf Coast firm writes on their site that a blacklist "does not exist.” Moreover, they say that there are numerous laws that stop "offshore companies from trying to ‘blacklist’ workers.” (Gee, under that reasoning none of the Deepwater Horizon companies could have committed any violations because there are laws against that). This same law firm calls the black list nothing but a decade’s “old rumor” from the oil field. Wonder what the 3,800 mariners and longshoremen who lost their jobs in the West Coast Port Security Program would have thought about the “rumor” that they were blacklisted?

Technically, this firm is correct in that there is not really some secret scroll by the name of “Blacklist” in the desk of some central office containing the names of malcontented and bogus lawsuit filing seamen. However, as we’ve pointed out recently in numerous blogs on this topic, employers are crafty about finding ways to permanently put seafarers on the beach. And those “laws” the other firm talks about that “prevents” blacklisting? Well, to quote the old adage, “it’s not cheating if you’re not caught.”

Is every mariner’s claim of blacklisting valid? Of course not. And the fact of the matter is, unfortunately some workers do file fraudulent or multiple lawsuits and frankly these people need to be washed out of the industry.

One thing we can promise is to take your blackball concerns seriously. We will listen to your story and if we believe there’s merit then we will conduct a thorough investigation and go after the guilty party for damages, clear your name and put you back to work.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.
Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Foreign seamen may be blacklisted for union activities

blog@www.maritimeaccidentattorney.com (blog Author)37939 — Wed, 25 Aug 2010 08:00:00 EST

Manning agents are known for secretly circulating information about seafarers suspected of being “troublemakers” simply for complaining of back wages, poor conditions or for showing an interest in trade unions. Even pushing for a collective bargaining agreement can red flag them. Seamen around the globe who are concerned about being illegally blacklisted, or being forced to pay an agent for a job, should contact the International Tradeworker’s Federation (ITF) at www.it.org. for help.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

Will My Employer "Blacklist" Me for Taking Legal Action?

blog@www.maritimeaccidentattorney.com (blog Author)37863 — Tue, 24 Aug 2010 08:00:00 EST

It is an unfortunate fact that a maritime accident can happen at anytime. If you have been hurt offshore, you might be at the point where you are wondering if it is worth it to pursue legal action against your employer. Now, if you are like most maritime employees, you are probably afraid that you will be blacklisted for filing a claim against your company and unable to find future work in the industry.

The truth of the matter is that your employer cannot discriminate against you for taking legal action. You have the right to protect yourself and hire a maritime attorney to assist you.

However, there are some situations in which you could find yourself in trouble. For example, if it is determined that you filed a frivolous lawsuit, your reputation could be tarnished. Also, potential new employers might take notice if you file numerous claims against your current or previous employers. This could create complications if you find yourself looking for work. That is why you should speak with an experienced maritime lawyer before doing anything. An attorney can help you determine if you have a legitimate case.

If you or someone you know has been injured as a maritime worker, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Be sure to order a FREE copy of the book, The Insider's Guide to Winning Your Maritime Injury Case.

Maritime has a long history of blacklisting

blog@www.maritimeaccidentattorney.com (blog Author)37867 — Tue, 24 Aug 2010 08:00:00 EST

Blacklisting in the maritime industry goes back at least to the McCarthy era of the 1950s. After the start of the Korean War, the imposition of the West Coast Port Security Program cost almost 3,800 seamen and longshoremen their jobs. The Program was the federal government’s attempt to weed out workers connected to organizations believed to have communist ties such as the left-leaning Marine Cooks and Stewards Union. The Canadian government brought in Seafarers International Union enforcer Hal Banks to literally break skulls and break up the “Red” Canadian Seamen’s Union. Though the landmark 1955 Parker vs. Lester (227 F.2d 708) ruling allowed the reinstatement of mariners by mandating that they be allowed to see the evidence presented against them, many remained permanently on the beach because the staunch anti-communist unions which took over the industry generally kept the former blacklisted mariners out.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Things we look for to prove you're being blackballed

blog@www.maritimeaccidentattorney.com (blog Author)37771 — Mon, 23 Aug 2010 08:00:00 EST

While not impossible, proving that a seafarer has been blacklisted is a difficult proposition. That’s why it’s best to rely upon an offshore firm experienced in investigating cases of seafarers who have been prevented from earning a living due to the nefarious means of their former employers.

When we take a case, one thing we investigate is whether the company is trying to tarnish the worker’s reputation in the industry or otherwise saying untrue things about the worker.

A qualified maritime firm knows where to dig for the truth:

-The Marine Index Bureau (M.I.B.). The M.I.B. is an industry consumer reporting service that is designed to legitimately weed out bad apples by recording those who have a history of filing bogus lawsuits or multiple claims and otherwise trying to abuse the system. If we discover you are unjustly placed in the M.I.B., we will get your name removed and go after the company for damages.

-Insurance referral services. There are a number of these used (besides the M.I.B.) where information is exchanged throughout the industry.

-References. You may inadvertently be making it easier for the company to torpedo your career through the references you list on your resume. According to the maritime site G Captain.com, though it’s illegal for one company to bad mouth you to another, certain code words are used to get around this. For example:

Question 1: Was said employee discharged for cause?
Answer: Yes.
Question 2: Would said employee be eligible for rehire?
Answer: He was fired and we will not take him back.

Because the chance of a company admitting to blacklisting a former worker borders on zero, you have to find creative ways to get to the truth. A skilled offshore firm knows how to do just that.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

One mariner's blackball tale

blog@www.maritimeaccidentattorney.com (blog Author)37772 — Mon, 23 Aug 2010 08:00:00 EST

In the excellent maritime site G Captain.com, a seafarer gives an interesting account of how he got blackballed.

Having worked as a deckhand for eight years for an oceanographic institute, about a year ago he witnessed a female third engineer just out of the academy being openly harassed by the chief engineer. When he asked an oiler what was going on, he was told that the chief was trying to run the young woman off the ship. Why? Because the chief had originally promised the third’s position to his buddy the oiler.

Because the new and inexperienced third was afraid to go to the captain, the deckhand decided to approach him as her advocate, asking him to investigate. But the old man told him to drop it.

Next, the deckhand confronted the chief, telling him to stop the harassment or else (foolishly, he admits) “he’d deal with me on the dock. Bad move.” The captain wrote him up for disrespect and fired him for “creating a threatening work environment.” This, despite having an outstanding work record with excellent evaluations and a recent promotion.

Since then, he says that despite sending out over a hundred resumes, he has not received so much as a single reply. Now he’s concerned that he’s been blacklisted and his sailing career could be over.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

How you can protect yourself from being blackballed

blog@www.maritimeaccidentattorney.com (blog Author)37773 — Mon, 23 Aug 2010 08:00:00 EST

In this age of instant communication the adage "the bulkhead has ears" has never been truer. It doesn't take long for knowledge of events to spread, not just within the confines of the vessel, but even beyond the horizon. And sometimes doing the proper thing like standing up for your legal rights or for the rights of other crewmembers being treated unfairly can have unforeseen and unfortunate consequences on your ability to earn a living, i.e., being blacklisted.

Your best defense out on the water? Assume that everything is on the record and prepare yourself accordingly. Whenever any type of situation arises that you believe may eventually result in a complaint or legal action (see examples below), conduct a personal investigation of the facts. Record in your notebook the time, date, latitude/longitude, weather conditions, sea state, vessel location, equipment condition, et. al. Take pictures. Write down the exact words spoken that pertained to the matter at hand.

While this may seem excessive and unnecessary, being armed with precise details will give you significant credibility when you take the courageous step of seeking justice for being blackballed. The company's accusations of you being just a disgruntled former employee will be met by the facts.

On shore, protect yourself from blacklisting by being careful with your references. Remember, companies do call the contacts on your applications and resumes. Even though it's illegal for a company to bad mouth you to another company, they have code words to get around this.

Potential blacklisting situations to be aware of:

-Creating a threatening work environment through disrespecting a supervisor
-Filing a lawsuit for your injuries
-Filing multiple lawsuits
-Filing a harassment complaint
-Receiving a harassment complaint
-Failure to state that you witnessed mistreatment of other crewmembers
-Disagreeing with company safety procedures
-Union organizing

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

How we protect our clients from blacklisting

blog@www.maritimeaccidentattorney.com (blog Author)37718 — Sun, 22 Aug 2010 08:00:00 EST

If you believe you may have been blacklisted in the maritime industry, do not take matters into your own hands by conducting your own investigation. Let us take the lead. Our years of experience in this area have taught us to how to spot the signs of blacklisting and our expertise will fight back for you. If an offshore company foolishly attempts to prevent you from making a living in your chosen field, they are opening themselves to a cause of action. We will go after them so they will have to pay you significant damages for what is called tortious interference of contractual rights. Under tort law, tortious interference is defined as when a person causes intentional damage to a plaintiff’s business or contractual relationships. In other words, retaliating against you—simply because you were protecting your legal rights—by spreading unflattering information throughout the industry so that you will not be able to work.

Once we prove that you have been blackballed we can go after the guilty party for punitive damages. Furthermore, to make sure they don’t do the same thing to other workers, you can report them to the Coast Guard employment and the U.S. Department of Labor.

We strongly recommend that you do not try to confront the company yourself because it could make things much worse.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

The aftermath of getting blackballed—and what we can do about it

blog@www.maritimeaccidentattorney.com (blog Author)37720 — Sun, 22 Aug 2010 08:00:00 EST

Though rare, blackballing does exist in the maritime industry and the consequences can be extreme upon the life of a seafarer. The first sign that you’ve been blacklisted may be a failure to get hired for mysterious reasons. For example, you learn a peer beats you out of a position even though he holds significantly lesser qualifications than you have. You discover certain companies don’t respond to your queries even though they continue to advertise for the very position you are more than qualified to hold.

The failure to find employment obviously means losing the ability to earn a living and financially support your family. Because you lost your previous job for the very reasons you suspect that you are being blacklisted—being hurt on the job and standing up for your legal rights—the company may have wrongfully and creatively blocked your unemployment filing by challenging your eligibility through crafty paperwork shuffling and delays.

It may go further.

The personal devastation may also impact your future earnings potential by keeping you grounded on the beach for a long enough time to cost you union seniority and to prevent you from satisfying Coast Guard recency requirements for renewing or upgrading your license.This could even force you to be re-tested on your next issuance.

Through our experience in fighting for blacklisted mariners, we may well know—better than you yourself—the big picture of being unfairly deprived of your livelihood. We will go after the company that’s trying to destroy your life. Federal and state laws allow us to seek any economic, financial and emotional injury resulting from your blacklisting. Reporting them to the U.S. Department of Labor and the Coast Guard will cast an even larger burden upon them.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

Somalis escape serious piracy charges

blog@www.maritimeaccidentattorney.com (news Author)17147 — Sat, 21 Aug 2010 08:00:00 EST

A federal judge has dismissed the most serious charges of piracy against Somalis apprehended in an attack upon a U.S. Navy ship in the Gulf of Aden in April. District Judge Raymond Jackson ruled in Norfolk this week that the actions of the six defendants did not constitute piracy because they neither boarded the U.S.S. Ashland nor took anything of value from it. Even though the men were accused of opening fire on the Ashland, the judge still ruled that prosecutors failed to establish that it was an “unauthorized act of aggression” which defines piracy under the law. The group still faces a number of lesser counts. In the gunfight, the Ashland opened fire on the assailants, killing one and sinking their skiff. Five other accused Somali pirates from a March attack on the U.S.S. Nicholas are also being held on piracy charges.

Source: Voice of America

The M.I.B.: Offshore's little black book

blog@www.maritimeaccidentattorney.com (blog Author)37704 — Sat, 21 Aug 2010 08:00:00 EST

For years, the mere mention of the initials “M.I.B.” has struck fear in the hearts of mariners who gave even the slightest thought of seeing a lawyer for their injuries. Not only that, it has allowed some of the most extreme race and gender baiters in the fo’c’sle to get away with figurative murder by bullying innocent, hard working seafarers into granting favorable treatment otherwise “I’ll make sure your name gets in the M.I.B.”

Just the threat of the M.I.B. can make a mariner’s life hell. It shouldn’t.

Do you know what the M.I.B. is? Think of it as the maritime industry’s little black book where your name is supposed to go if you’ve been a naughty, frivolous injury lawsuit filing, abuser of the legal system.

The M.I.B. is the Marine Index Bureau. It is something like the Experian and Transunion of the maritime industry and its purpose is to record those who have a history of filing bogus or multiple claims and otherwise trying to abuse the system. It is designed to weed out the legitimate bad apples. But most seafarers don't truly understand the M.I.B. and thus are susceptible to believing that sea lawyer tales of legitimate injury or false racial/gender harassment claims will put them in the index and effectively blackball them from employment.

A company knows it faces serious consequences for falsely submitting a worker’s name into the index. If you believe you are unjustly placed in the M.I.B., we can help expunge your name and get you damages from the offending company.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

Do not fear signing the M.I.B. Authorization

blog@www.maritimeaccidentattorney.com (blog Author)37706 — Sat, 21 Aug 2010 08:00:00 EST

The M.I.B., or Marine Index Bureau, Authorization, is a standard form for employee’s to sign prior to being hired by the company. It’s a way for an employer to see what, if any, questionable maritime-related legal history the prospective employee might have. Do not look upon it as signing away any type of legal rights or as just giving the company access to your private information and a tool that they could use to blackball you. Look at it the same way as an authorization for a lender to access your credit history. A sample M.I.B. Authorization follows:

US SHIPPING CORP

Marine Index Bureau Authorization

I authorize the prospective employer, US SHIPPING CORP, to request background information from MIB Services, Inc.(Pretiem), a consumer reporting agency, concerning my past employment and other data. I understand that if this information will in any way effect my employment opportunities with the company, I will be given a copy of report and an opportunity to discuss the information before further consideration for employment.

Signature __________________________________ Date___________

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment

Will the Entire Maritime Industry Turn Its Back On You for Filing a Lawsuit? Find the Answer Here.

blog@www.maritimeaccidentattorney.com (blog Author)37682 — Fri, 20 Aug 2010 08:00:00 EST

Any maritime worker understands the dangers and risks of working in the industry. A maritime accident can leave you with a serious injury and unable to perform your duties at work. Consequently, the incident may turn your life completely upside down.

If you are afraid that you might become blackballed or blacklisted for filing a lawsuit, you are not alone. This appears to be one of the greatest fears of injured offshore workers. Let me address this concern:

First, what exactly does it mean to be blacklisted/blackballed in the industry? It means that you could become known as a risky hire for maritime companies. They might shy away from hiring you out of concern that you will eventually sue them, as well. Does it happen? Sometimes, but keep reading.

What type of worker is generally blackballed? Here is the crucial thing you need to understand about maritime cases - it is generally the offshore worker who has a history of filing lawsuits and/or making illegitimate claims who becomes blacklisted.

It is imperative that you speak with an experienced maritime attorney before taking any legal action. An attorney who has a strong knowledge of maritime law can help you determine the strength of your case and advise you of the potential problems that you might face.

For more information, contact one of our maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800. Also, be sure to order a free copy of my book, The Insider's Guide to Winning Your Maritime Injury Case. It will answer many of your pressing questions.

The silent blacklisting bluff

blog@www.maritimeaccidentattorney.com (blog Author)37574 — Thu, 19 Aug 2010 08:00:00 EST

We have written extensively on blacklisting, which is the area of biggest concern from offshore workers who approach us. We have a number of videos on the topic, too. Unless you have filed several lawsuits, it is highly unlikely that your employer would blacklist you. However, they don’t really have to because of a technique we have named the “silent blacklisting bluff.”

What is the silent blacklisting bluff? Think of it like winning a battle without a shot being fired. In maritime, it means just the perception of being blacklisted is often enough to do the job. If enough stories are out there of crewmembers who were barred from going back to work, whether real or not, then management succeeds in keeping you from suing while keeping their hands clean. And where do these stories come from? Well, maybe someone does know of a case where it really did happen and he spreads the tale. But maybe he doesn’t know that the alleged victim had filed his third back injury claim. The seeds of blacklisting can be spread easy enough; of course the company would never think of creative ways to do this…right? Then when they present you with their offer of a small settlement and a permanent job, the perception of blacklisting if you don’t take the deal may become a reality.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Beware the sea lawyer

blog@www.maritimeaccidentattorney.com (blog Author)37577 — Thu, 19 Aug 2010 08:00:00 EST

Sea lawyering, for lack of a better term, might be the world’s third oldest profession after prostitution and tax collection. Though ships are steel instead of wooden and crew training is much more advanced from the Shanghai days of yore, a constant is the presence of at least one know-it-all on the billet who is quick to educate you on taxes, the union contract and the Jones Act. Even if his intentions are good, take what he says with a grain of salt. Many a seafarer has blindly rejected a fair company settlement because of a misguided attempt to chase after the illusion of early retirement riches only to end up with neither one. Sailors have been hit with giant IRS penalties after taking advice from Joe Tax Lawyer in the crew’s lounge. The most important advice is to never act in haste when making legal or financial decisions.

Research for experienced experts.

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

BP should pay out for mental health claims, says medical association

blog@www.maritimeaccidentattorney.com (news Author)17043 — Wed, 18 Aug 2010 08:00:00 EST

The American Psychiatric Association says that Gulf oil spill mental health claims should be paid out just like any other health claim. An AFP news release stated that mental illnesses are just as real despite not being as visible and that the destruction of an entire way of life has resulted in numerous cases of depression, PTSD and thoughts of suicide. The AFP hopes that BP claims administrator Kenneth Feinberg shares the same position even though he recently testified before the House Judiciary Committee that it was unlikely that any monies of the $20 billion fund would be paid out for mental health claims.

Source: NY Daily News

Let not the fear of being blacklisted stop you from seeking legal counsel

blog@www.maritimeaccidentattorney.com (blog Author)37496 — Wed, 18 Aug 2010 08:00:00 EST

The offshore related question our firm gets asked far more than any other is, “Will I get blacklisted if I hire a lawyer?” The short answer is no, with a caveat. Companies realize that a worker has the right to seek legal representation to protect their interests if he or she is hurt on the job. They understand that offshore work is dangerous by its very nature. The caveat, however, is that if someone is filing suit for the fifth or sixth time, then there is a good chance that you will be blacklisted, and rightfully so, and that type of individual should probably consider changing careers. But companies do not take hiring a lawyer personally, or, in the words of Marion Puzo, “It’s just business nothing personal.”

Protect Your Future

V&B represents injured maritime workers and their families worldwide. We protect workers who have been blackballed or retaliated against for reporting safety concerns, injuries on the job, or asserting their legal rights.

To learn more about how you can protect your rights, order a copy of one of our Free Books and Reports by visiting www.http://www.maritimeaccidentattorney.com/getfreereport.cfm.

Many people want to talk to one of our maritime injury attorneys immediately. You can call toll free 877.724.7800 24 hours / day, 7 days a week to schedule an appointment.

Offshore workers need to be amateur investigators on the job

blog@www.maritimeaccidentattorney.com (blog Author)37411 — Tue, 17 Aug 2010 08:00:00 EST

The last thing you need out on the supply boat or on the platform is to live in constant fear of an explosion or being crushed between the vessel and the piling in rough seas. It’s a dangerous enough world out there without being compounded by worry. Still, at a minimum you should train yourself to take mental notes of any questionable safety item or practice. Even better, as soon as you come across anything of the slightest concern, write down as many details in the notebook you carry in your front or back pocket. Put down direct quotes from the pertinent supervisor or co-worker, exact weather conditions, latitude and longitude, time and date and any pertinent details you can think of. If it’s an ongoing unresolved situation, keep a running log. Take pictures. Because if you ever need to take legal action, having a detailed story will work greatly in your favor.

Assume your words are being recorded when you're working offshore

blog@www.maritimeaccidentattorney.com (blog Author)37412 — Tue, 17 Aug 2010 08:00:00 EST

“These bulkheads have ears.” “Loose lips sink ships.” It’s best to assume that no place on the rig or boat is safe from Big Brother’s eavesdropping. Hidden microphones and intercoms turned on without warning have been used for extortion and to run seamen off. These can serve as an unofficial blacklisting system that you may never become aware of. How often has the mic on your walkie-talkie or headset been keyed without you knowing about it? How many embarrassing conversations have you heard when other workers’ radios have been keyed and the “search” party took 20 minutes to track down the unknowing offending persons? Some years back this situation happened on a freighter outbound in the Houston Ship Channel when the Chief Mate and the Second Mate were overheard making explicit sexual comments about other crewmembers. The conversation was picked up by the pilots in the wheelhouse.

The moral of the story: always think before you speak!

Offshore workers: make sure your injury is properly reported

blog@www.maritimeaccidentattorney.com (blog Author)37329 — Mon, 16 Aug 2010 08:00:00 EST

Offshore companies are required to report worker injuries greater than minor ones within 15 days at the end of each month to a safety authority. For the Gulf of Mexico, that would be the Minerals Management Service (now the BOEM). It’s no secret that companies are known to twist definitions to their own advantage, such as what Energy Partners was accused of doing to a worker whose leg was crushed between the boat and the platform in rough seas. To help protect yourself from an employer playing fast and loose with the facts, print out, read and take a copy of the injury reporting guidelines from the National Offshore Petroleum Safety Authority (NOPSA).

Click on the guidelines here.

Still walruses in the Gulf of Mexico? BP keeps flawed plan

blog@www.maritimeaccidentattorney.com (blog Author)37301 — Sun, 15 Aug 2010 08:00:00 EST

Company refusing to update contingency spill plan in defiance of gov’t regulations

Almost four months after the Deepwater Horizon (DH) explosion, BP has not submitted an updated Gulf of Mexico emergency response plan. It is still relying on its wildly flawed plan with inaccuracies such as emphasizing protection of walruses—which do not live within thousands of miles of the Gulf—and the contact information of an expert who died four years ago. The plan has been excoriated by government officials as a one-size fits all document with information cut-and-pasted from regions around the world. According to the Minerals Management Service (MMS, now renamed BOEM), a revised plan must be submitted within 15 days of an incident if it changes the “worst case scenario discharge.” BP’s response: They deny that the DH changed their worst case scenario, even though the existing plan states that no Gulf spill would approach closer than 30 miles from shore.

Source: The Guardian (U.K.)

Energy Partners will call your crushed leg a "first aid" problem

blog@www.maritimeaccidentattorney.com (blog Author)37302 — Sun, 15 Aug 2010 08:00:00 EST

Energy Partners is a New Orleans based company and one of the major offshore oil firms operating in the Gulf of Mexico.

It also has unique criteria for what constitutes a serious injury.

Six-and-a-half years ago, Garold Bates, a contractor for the company, had his leg crushed in rough seas between a supply boat and the platform while offloading supplies in the Gulf.

Even though he needed emergency medical treatment and therapy, Energy Partners did not report his injury to the Minerals Management Service (MMS) as required because the company said that it was initially classified as a “first aid” problem.

What is Energy Partners definition of the word "initially?" Does it mean "not bleeding to death?" Does it mean "expected to survive for the next five minutes?"

The Washington Post details this incident in an article about the highly dangerous world of the offshore worker.

If you are hurt out in the Gulf or anywhere on the water and you feel your injuries are not being reported as required, contact an experienced offshore firm at once.

Boating Accident Claims the Life of New York Man

blog@www.maritimeaccidentattorney.com (news Author)16945 — Sat, 14 Aug 2010 08:00:00 EST

A New York boating accident involving two inexperienced boaters claims the life of a local man after he fell from a 16-foot-skiff. The incident took place at approximately 3:15 PM on Wednesday afternoon, August 4, 2010, in the back bay of Bigantine.

According to State Police Sgt. Stephen Jones, the incident involved two friends, considered to be inexperienced boaters, who rented the 16-foot-skiff for the day. Jones indicated that Samuel Shiel was operating the boat at the time of the accident. He apparently made a hard left turn. The sharp turn sent his friend, Noam Lasker, 41, of New Rochelle, into the water. Lasker apparently was hit by the boat’s propeller.

The United States Coast Guard responded to the accident. They picked up Lasker’s body after a helicopter spotted him in the water. Lasker was pronounced dead at the scene from injuries sustained in the accident.

The fatal New York boating accident is still under investigation by local authorities. There was no information provided as to what caused Shiel to make the sharp turn.

This is an unfortunate incident and our thoughts and condolences go out to Mr. Lasker’s family and friends during this difficult time.

Memoirs of former BP Chair reveal ambitious expansion & systemic failures

blog@www.maritimeaccidentattorney.com (blog Author)37284 — Sat, 14 Aug 2010 08:00:00 EST

The memoirs of former British Petroleum Chairman Sir John Browne were published in February and its tale of ambitious company expansion foreshadowed the Deepwater Horizon explosion just two months later. Browne writes about BP’s efforts to move beyond its stature as a “middleweight insular British company” by embarking on an overwhelming risk-taking strategy of deepwater drilling and acquisitions which led to its expansion of operations into the Gulf of Mexico. While reflecting on other events like the Texas City explosion and North Sea near-miss, Browne seems to have denied the warning signs of systemic breakdowns. A book reviewer indicts Browne’s failure to admit that he led BP too far, too fast with risky technology. Whether or not you agree with Browne’s take, the story does give insight into the company’s tunnel vision ambitions that explains, if not excuses, the culture leading up to the Deepwater Horizon.

Source: Forbes

Numbers don't lie: Gulf offshore safety record is deplorable

blog@www.maritimeaccidentattorney.com (blog Author)37285 — Sat, 14 Aug 2010 08:00:00 EST

Perhaps the silver lining in the Deepwater Horizon disaster is that it made the general public aware of the high risks that offshore workers face every day on the job. A Washington Post article this week reported the following facts:

-The worker fatality rate in the oil industry is seven times higher than the norm between 2003 and 2006.
-There were 1,298 accidents and 30 deaths on Gulf platforms between 2006 and 2009.
-Shifts are sometimes 12 hours on and off, 18 hours on/off and even 24 hours straight.

Even with these facts, federal inspectors’ warnings of workers’ minimal training have gone largely unheeded, the article says.

Just as the Titanic sinking in 1912 led to badly needed vessel safety reforms including mandating sufficient numbers of lifeboats, hopefully the 11 workers who died on the DH on April 20, 2010 will lead to badly needed offshore reforms.

Alabama sues BP, Transocean, Halliburton, etc. over Deepwater Horizon

blog@www.maritimeaccidentattorney.com (news Author)16979 — Fri, 13 Aug 2010 08:00:00 EST

The Alabama Attorney General has filed a pair of federal lawsuits against companies connected to the Deepwater Horizon platform that exploded on April 20, killing 11 workers, injuring 17 others and triggering the Gulf oil disaster. Troy King filed one suit against BP Plc and the second against Transocean, Halliburton and other related companies for economic and punitive damages caused by the 200 million gallon-plus spill. King said Thursday that he was motivated to take action because of repeated broken promises to accept responsibility.

Source: Associated Press

Legislative Committees Discuss Maritime Workplace Safety

blog@www.maritimeaccidentattorney.com (blog Author)37214 — Fri, 13 Aug 2010 08:00:00 EST

The explosion onboard the Deepwater Horizon that claimed the lives of 11 maritime workers has brought the subject of maritime workplace safety to our country’s attention. Maritime workers and their families are now not the only ones familiar with the risks associated with working onboard deepwater oil rigs.

Recently, two legislative committees met to discuss workplace safety for maritime workers. Though, the committee meetings were scheduled prior to the BP catastrophe, the hearings will put a renewed focus on the pro-defendant civil justice system for those who are injured while working in the maritime industry.

Many experts believe that industry lobbyists will be seeking ways to help reduce their client’s accountability. These efforts will be aimed at placing even more restrictions on the rights of workers who become injured in the job, minimizing the financial responsibility of maritime corporations.

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

Be sure to order a free copy of the book, The Insider's Guide to Winning Your Maritime Injury Case. This guide discusses crucial information you need to know following a maritime accident.

The BP legal meter: 12 states, 300 lawsuits and climbing

blog@www.maritimeaccidentattorney.com (blog Author)37276 — Fri, 13 Aug 2010 08:00:00 EST

Thursday’s lawsuits by the State of Alabama against BP and other companies connected with the Deepwater Horizon disaster are just the latest in a still growing list of claims from the wreckage of the Gulf oil crisis. More than 300 suits have been filed in 12 states with the latest ones being prompted by “BP’s broken promises” in taking responsibility for the economic damages.

Source: Associated Press

BP to pay record fine for Texas City refinery

blog@www.maritimeaccidentattorney.com (news Author)16938 — Thu, 12 Aug 2010 08:00:00 EST

BP Plc has agreed to pay a $50.6 million fine for a 2005 explosion at its Texas City refinery which killed 15 workers and injured 180 others. That’s a record amount for a fine. The company has also agreed to spend $500 million to comply with a safety inspection program and review by the U.S. Occupational Safety and Health Administration. BP also faces a $10 billion federal class action lawsuit that was filed for the release of excess pollution from the same plant in April and May of this year. In October 2009, Labor Secretary Hilda Solis said that continuing safety violations could result in “another catastrophe” like the 2005 explosion.

Fishing fraudsters stealing BP claims funds

blog@www.maritimeaccidentattorney.com (news Author)16939 — Thu, 12 Aug 2010 08:00:00 EST

Three persons accused of filing fraudulent claims for the BP fishermen compensation fund have been arrested this week. The company has already paid over $300 million to businesses and individuals for lost pay because of the Gulf oil spill. The Louisiana Department of Wildlife and Fisheries (LDWF) has issued 2,200 licenses since the spill which is a 60 percent increase from the same period last year, even though many fishing grounds have been closed since the disaster. LDWF officials believe that many of those who have been issued licenses are committing fraud. An oysterman from Barataria Bay, LA, said that two strangers approached him and asked him to sign forms saying that they had been employed by him. He said that some captains have been offering one thousand dollars to sign. A BP investigative unit is looking into several hundred potential fraud cases.

Source: The Telegraph (UK)

Hits keep on coming for BP's Texas City refinery

blog@www.maritimeaccidentattorney.com (blog Author)37200 — Thu, 12 Aug 2010 08:00:00 EST

Five years after the explosion that killed 15 workers and injured 180 others at its Texas City refinery, BP will pay a record $50.6 million fine for safety violations. Not only that, the company has agreed to spend $500 million to repair existing problems at the facility and submit to an OSHA implementation of review and inspections. Department of Labor Secretary Hilda Solis says the amount of the fine indicates BP’s “lack of regard for worker safety.” OSHA still seeks $30 million for new safety violations discovered by government inspectors. Last October, OSHA fined BP $87.4 million in proposed fines at the facility. Also in 2009, the company pled guilty to criminal charges and paid another $50 million. Last week the State of Texas sued BP for excess pollution released in April and May at the refinery. Additionally, there’s a $10 billion federal class action lawsuit for that pollution release.

BP still hasn't learned its lesson from Texas City

blog@www.maritimeaccidentattorney.com (blog Author)37202 — Thu, 12 Aug 2010 08:00:00 EST

“BP has a stated goal to become a leader in process safety,” said its global head of refining. This statement might carry some credibility if the company were not getting slapped with new fines for new safety violations at its Texas City refinery, where an explosion killed 15 workers and injured 180 others in 2005. They’ve been so confident of their safety practices that they appealed a proposed $87.4 million in fines from last October regarding the facility’s safety practices. Well, it seems that the relentless judgments might be having a toll on BP. The company has just agreed to pay a record $50.6 million in fines related to the 2005 explosion and to dedicate an additional $500 million to comply with OSHA review and inspections of the plant. Last week, the State of Texas sued BP for a 40-day excess pollution release of carcinogens such as benzene during April and May. And earlier this month a $10 billion federal class action lawsuit was filed for the pollution release.

Deepwater Horizon victims need experienced offshore legal guidance

blog@www.maritimeaccidentattorney.com (blog Author)36914 — Sun, 08 Aug 2010 08:00:00 EST

The victims of the Deepwater Horizon disaster include families of the 11 dead workers, the 17 persons injured and a litany of fishermen, tourist guides and others whose livelihoods have been uprooted from the April 20 explosion. Some will wait their place in line to receive a piece of BP’s claims pool. Others, however, will be willing to undertake the legal route to receive the greater justice that they are entitled. This legal road does not promise to be an easy one but potentially it could be much more personally satisfying. In order to navigate through the likely multi-district litigation process, those considering filing suit should seek the counsel of a law firm experienced in handling such complex cases.

Source: Clarion Ledger

BP may "seek to avoid" contractual obligations?

blog@www.maritimeaccidentattorney.com (blog Author)36915 — Sun, 08 Aug 2010 08:00:00 EST

The Wall Street Journal reports that BP and Transocean are squabbling over their liability contract for the Deepwater Horizon disaster. Transocean, the platform owner, claims that its 400-page contract with BP PLC largely insulates it from damage claims and lawsuits connected to the April 20th explosion that killed 11 workers and injured 17. Thus, BP would have to deal with the bulk of the legal aftermath. However, the report says that BP is not conceding the point because the facts do not yet clearly establish “who is responsible” and that it “may seek to avoid” contractual obligations. One energy analyst believes that the contract will hold up and give Transocean indemnification “without limit.”

Transocean was aware of ballast problems before Gulf disaster

blog@www.maritimeaccidentattorney.com (news Author)16810 — Fri, 06 Aug 2010 08:00:00 EST

A safety inspection report obtained by the New York Times reveals that Deepwater Horizon (DH) owner Transocean knew about problems with the ballast system before the rig exploded on April 20. The ballast system was necessary for floatation and stability. Experts believe that had the system not failed it’s possible the Macondo well gusher never would have happened. The Times said that at least 36 pieces of equipment were in very poor condition on the DH which could “lead to loss of life, serious injury or environmental damage.” The report also cited issues with hydraulic controls on watertight doors. Transocean ordered safety inspections of several Gulf rigs shortly before the disaster after a series of accidents and “near-hits.”

Source: News Inferno

Transocean had serious safety concerns in Gulf just before explosion

blog@www.maritimeaccidentattorney.com (news Author)16791 — Thu, 05 Aug 2010 08:00:00 EST

Deepwater Horizon (DH) owner Transocean was so concerned about numerous safety violations in its North American operations that it dispatched industry standard bearer Lloyd’s Registry to investigate conditions on the DH and three other Gulf rigs shortly before the April 20 explosion. Among the findings reported by the New York Times were that 40 percent of workers believed company investigations were primarily about assigning blame and 43 percent saying they feared reprisals if they reported safety problems. The report also cited crewmembers who felt many supervisors were promoted without regard to qualifications and deferred maintenance in order to save money.

Source: News Inferno.com

Report: Transocean rig workers lived in a culture of fear

blog@www.maritimeaccidentattorney.com (blog Author)36789 — Thu, 05 Aug 2010 08:00:00 EST

Things were apparently regarded as so unsafe on several Transocean oil platforms that the company rushed Lloyd’s Registry to investigate shortly before the April 20 Deepwater Horizon (DH) explosion. The New York Times reports that investigators looked into the safety atmosphere on the DH and three other rigs in the Gulf after a series of serious accidents and “near-hits” throughout Transocean’s 14 platforms spread across the Gulf; the company operates 139 around the world. Lloyd’s came back with some alarming findings which included 43 percent of workers expressing fears of company retribution for reporting safety violations.

Source: News Inferno.com

You can help fight to protect injured Texas workers

blog@www.maritimeaccidentattorney.com (blog Author)36675 — Wed, 04 Aug 2010 08:00:00 EST

Just because the Texas high court stepped on injured workers’ rights to receive full justice three years ago does not mean the situation cannot be changed for the better.

The consumer agency Texas Watch is fueling a grass roots campaign to overturn the 2007 Entergy decision. In that case—Entergy Gulf States Inc. v. Summers, the State Supreme Court voted 6-3 to grant corporations such as BP blanket immunity for compensating injured contractors, even if they are hurt by reckless safety practices. The court ruled that a premises owner could in fact also be a contractor. Thus, contracted workers, being covered under workers’ comp. insurance, are prohibited from suing their employers if injured on the premises.

Texas Watch is aggressively coordinating a coalition of labor, consumer and environmental groups in an effort to get lawmakers to act against this injustice. To see what they’re doing, and how you can get involved, click here.

The Entergy decision in a nutshell

blog@www.maritimeaccidentattorney.com (blog Author)36676 — Wed, 04 Aug 2010 08:00:00 EST

On August 31, 2007, the Texas Supreme Court voted 6-3 in favor of protecting business and industry from employee injury lawsuits if the employee worked for a contractor on the premises. In Entergy Gulf States Inc. v. Summers, mechanic John Summers, working for contractor International Maintenance Corp. (IMC), sued Entergy Gulf States Inc. for injuries he suffered while conducting repairs at the Entergy plant in Bridge City, Texas in 2001.

IMC’s workers were covered under Entergy’s basic worker’s compensation insurance. Summers sought further compensation and sued Entergy for negligence. The trial court sided with Entergy in its ruling that if a general contractor provides worker’s comp to a sub-contractor, the sub-contracting employee cannot sue.

Next, a state appeals court overturned that decision. Then in 2007, the high court sided with the original ruling.

State lawmakers have been convening to reverse Entergy under the principle that the compensation law was never meant to be applied on contractors. Leading this cause is Texas Watch, a consumer rights’ organization. Leading the efforts to preserve Entergy and shield corporations such as BP from adequately compensating injured contractors is the group Texans for Lawsuit Reform.

Go to Texas Watch.org.

Read the Supreme Court ruling on Entergy Gulf States Inc. v. John Summers

Cruise Ship Illness Affects at Least Two

blog@www.maritimeaccidentattorney.com (news Author)16698 — Tue, 03 Aug 2010 08:00:00 EST

A cruise ship illness involving sewage issues leaves at least two cruisers with stomach complications. The incident took place aboard the Thomson Dream between May 25 and June 2, 2010.

According to reports, to Welsh friends, Carmen Cook and Vicky Clark, became ill while cruising on the liner Thomson Dream earlier this summer. The pair claimed that they discovered fleas in their beds, as well as sewage on the carpets. They also allege that the toilets in their cabins were in bad shape and had to travel several decks to find good ones.

“I was awfully ill as were many others on the trip,” said Cook. “I’ve been told I might have been left with irritable bowel syndrome. My stomach is still cramping weeks after getting off the ship which was reeking of sewage the whole time.”

The pair also has claimed that they suffered from sickness and diarrhea while on the ship and that their ailments forced them to stay onboard while the ship docked at many ports.

The Thomson Dream is operated by Thomson Cruises. A spokesperson for Thomson Cruises confirmed that the ship experienced plumbing-related issued during the cruise.

How might S. 3600 affect other offshore victims?

blog@www.maritimeaccidentattorney.com (blog Author)36287 — Tue, 03 Aug 2010 08:00:00 EST

While Senate bill S. 3600—The Fairness in Admiralty and Maritime Law Act—would be welcome news for the Deepwater Horizon (DH) families, it would still leave other families out in the cold. The Jay Rockefeller (D-WV) sponsored bill would be retroactive to April 19, 2010, the day before the DH exploded and killed 11 workers. It would amend antiquated laws to allow offshore victims’ dependents to collect non-pecuniary damages for grieving and loss of life. However, dependents of other victims from accidents before then would still only be eligible for pecuniary damages for the loss of income. That means nothing would be paid to the parents of an 18-year-old son or daughter who died from their employer’s reckless safety practices if the event occurred before April 19.

Read more about S. 3600 here.

Mississippi Maritime Accident Turns Fatal

blog@www.maritimeaccidentattorney.com (news Author)16697 — Mon, 02 Aug 2010 08:00:00 EST

A Mississippi maritime accident involving a fiber glass boat and a barge claims the life of a Gulfport man. The incident took place at approximately 9:45 PM on Thursday evening, July 29, 2010, in the Industrial Seaway Canal.

According to authorities, Gulfport Police received a 911 call from an 18 ft. boat that struck a barge in the Industrial Seaway Canal near U.S. Marine. The Gulfport Fire Department found Patti Schankin on the bank when they arrived on the scene. Reports indicate that she was injured, as a result of the collision.

Unfortunately, her husband did not survive the incident. Dive teams recovered her husband’s body a few hours later. He has been identified as Raymond Schankin.

Authorities indicate that the man was thrown off the boat from the impact of the collision. They also believe that he was not wearing a life jacket at the time.

“She had minor injuries, now she is at home,” said Claude Pittman with the Marine Patrol. “She did not want to go to the hospital. She’s pretty shaken up about it, so we haven’t been able to talk to her lately.”

The Mississippi boating accident is still under investigation by local authorities. Officials are trying to determine if alcohol was a factor in the crash.

This is an unfortunate incident and our thoughts and condolences go out to the victim’s family and friends during this difficult time.

How might S. 3600 affect piracy cases?

blog@www.maritimeaccidentattorney.com (blog Author)36291 — Mon, 02 Aug 2010 08:00:00 EST

Presently, the dependents of those lost on international waters (over three miles offshore) are only entitled to pecuniary damages for the lost wages of the victim. If Senate bill S. 3600—The Fairness in Admiralty Maritime Law Act— becomes official it will allow families to also collect non-pecuniary damages for grieving and the loss of life. This will affect future victims of pirate attacks, particularly those killed by the negligence of shipping companies who fail to adequately provide for their self defense. Unfortunately, S. 3600 would only be retroactive to April 19, 2010, which was the day before the Deepwater Horizon explosion. This would not affect the crewmembers of the Maersk Alabama attack which took place in 2009. Vujasinovic & Beckcom is representing several of those crewmembers.

New video reminds us of BP's reckless attitude

blog@www.maritimeaccidentattorney.com (blog Author)36336 — Sun, 01 Aug 2010 08:00:00 EST

Now that the Deepwater Horizon well appears to be under control, and cleanup workers are going to be sent home, it is imperative that BP’s culpability be kept front and center. Otherwise, like with Hurricane Katrina, the sacrifice of the 11 dead platform workers and the destroyed lives of the Gulf Coast will fade from view. Do not forget that in 2005 15 workers were killed in the BP Texas City refinery explosion because of the same reckless attitude displayed five years later with the Deepwater Horizon disaster. A new video called “Something’s Got to Give” puts everything squarely into focus and can be seen on the Texas Watch consumer agency website at www.texaswatch.org.

Beware of TLR: Texans for Lawsuit Reform

blog@www.maritimeaccidentattorney.com (blog Author)36337 — Sun, 01 Aug 2010 08:00:00 EST

According to its website, Texans for Lawsuit Reform (TLR) is “working to restore balance to the Texas civil justice system.” Its goal is to fight so called “frivolous” lawsuits and diminish the liability of companies like BP that have been proven to engage in reckless safety practices. Reckless practices that caused the 2005 Texas City refinery explosion. Reckless practices that caused the April 20, 2010 Deepwater Horizon disaster. Last Thursday, two Texas legislative committees heard testimony from consumer, labor and environmental advocates about what can be done to reverse the trend of corporation immunity in that state.

Source: Texas Watch.org

Oil tanker may have struck mine

blog@www.maritimeaccidentattorney.com (news Author)16658 — Sat, 31 Jul 2010 08:00:00 EST

Investigators have not ruled out the possibility that a stray mine left over from the Iran-Iraq War damaged a Japanese tanker in the Strait of Hormuz on Wednesday. Crewmembers aboard the Mitsui OSK Lines vessel M Star reported a flash on the horizon just before the impact at 4:30 a.m. Deck level doors and windows were blown out and there was some internal flooding, though no sea water came in through a 60 cm hole found above the water line on the starboard side near the stern. The second officer was treated for minor injuries on the vessel.

Source: The National

Deepwater Horizon survivor still has nightmares

blog@www.maritimeaccidentattorney.com (news Author)16635 — Fri, 30 Jul 2010 08:00:00 EST

The man who conducted pressure tests on the Deepwater Horizon drill pipe said his concerns about abnormal readings were dismissed less than four hours before the platform exploded. Ryan Haire, who worked for Halliburton, said that after telling a driller about his concerns at around 6:00 p.m. on April 20, he was assured that there were no problems and the operations proceeded. When the blast struck at 10:00 p.m., Haire was knocked from his state room through a bulkhead and into the galley, resulting in back and shoulder injuries. He still has nightmares and said he sometimes knocks his wife out of bed in the middle of the night. Haire is suing BP and Transocean along with 18 other workers.

Source: KENS-TV

Fishermen fear BP will dump Vessels of Opportunity program

blog@www.maritimeaccidentattorney.com (news Author)16636 — Fri, 30 Jul 2010 08:00:00 EST

Now that the well’s cap has held for two weeks over the Gulf gusher, fishermen who’ve lost their livelihoods are afraid BP will pull the plug on their clean up work. As the amount of surface oil appears to have diminished, many are scared that BP will scale back or bring an end to the Vessels of Opportunity program which uses over 1,500 boats in boom laying and skimming work. For many displaced fishermen, this has been their sole means of support during the crisis.

Source: AFP

Deepwater Horizon has interesting joint and several liabilities ramifications

blog@www.maritimeaccidentattorney.com (blog Author)36268 — Fri, 30 Jul 2010 08:00:00 EST

With several companies potentially responsible for the Deepwater Horizon (DH) rig explosion that killed 11 workers and injured 17 on April 20, the courts will have a challenge to determine who will be held to pay and for what amount. Under "joint and several liability" guidelines, that would seem to split damages up equitably among the degrees of negligence.

But the Limitation of Liability Act of 1851 (LOLA) could effectively shield platform owner Transocean from the majority of damages, even if it were held to have the most blame among the other players including operator BP, cementer Halliburton and blowout preventer maker Cameron. Under LOLA, the owner of a vessel (which the DH was) is liable for only its present value; for the now sunken DH that’s only $27 million. Just before the explosion it was worth over $500 million.

Let’s say 150 workers on another rig are killed and the owner is found to be 90% to blame while the operator is 10% at fault. Total pecuniary (lost wages) are determined to be $200 million. The destroyed rig is valued at $10 million. Since the owner is shielded to just that $10 million, is the operator on the hook for the remaining $190 million?

This is the issue that will have to be worked out in the DH process. Presently, S 3600—The Fairness in Admiralty and Maritime Law Act—awaits a Senate vote. If passed, it would repeal LOLA and make vessel owners subject to far greater damages.

The "no dependents" penalty of the Death on the High Seas Act

blog@www.maritimeaccidentattorney.com (blog Author)36269 — Fri, 30 Jul 2010 08:00:00 EST

The IRS “marriage penalty” may be reinstated next year. Well, under antiquated maritime laws, there’s a “no dependents” penalty which places less value on the life of an unmarried and childless person killed at sea than on a person with dependents. The Death on the High Seas Act (1920) says that if a mariner is killed on international waters (more than 3 miles offshore) his or her dependents may receive monetary damages for the wages that the decedent would have provided minus taxes (and own self) during their working lifetime. But if the victim had no widow or children, his parents would get nothing except a thousand dollars for funeral expenses, if a body is recovered. S. 3600—The Fairness in Admiralty and Maritime Law Act—is in committee awaiting a Senate vote. This bill, if passed, would overturn this law and entitle victims’ families to receive compensation for grieving and the loss of a loved one.

Contact your representatives to support S. 3600

blog@www.maritimeaccidentattorney.com (blog Author)36270 — Fri, 30 Jul 2010 08:00:00 EST

Legislation that would help rectify injustices to the family members of mariners killed at sea has been introduced in the Senate. S. 3600, The Fairness in Admiralty and Maritime Law Act, is sponsored by Jay Rockefeller (D-WV). It would amend the Death on the High Seas Act (1920) to allow families to be compensated for non-pecuniary (grieving, loss of companionship) damages for a loved one lost on international waters. It would also amend the Limitation of Liability Act of 1851 (LOLA) to exempt claims for personal injury, wages and death by a vessel owner and allow for fishing vessel claims.This is a modification of the original bill introduced on July 15 which would have repealed LOLA altogether.

Congress is set to go on August recess next Friday, August 6, so contact your representatives now while the Deepwater Horizon (DH) crisis is still in the news cycle. Do this for the DH widows and others recklessly killed offshore.

Read the original S. 3600: Fairness in Admiralty and Maritime Act.

Read the modification.

BP to scale back cleanup, how will fishermen support their families?

blog@www.maritimeaccidentattorney.com (blog Author)36271 — Fri, 30 Jul 2010 08:00:00 EST

With incoming BP CEO Bob Dudley indicating the company will scale back its Gulf cleanup efforts, thousands of fishermen displaced from their livelihoods are frightened at the prospect of having no means of support. Their participation in the “Vessels of Opportunity” program by pulling boom and skimming crude at least has somewhat cushioned the blow of the shutdown of fishing in the Gulf. Many locals predicted that when the containment cap on the well appeared to work two weeks ago that BP would turn away from their cleanup duties. Some also believe that BP is significantly downplaying the continuing severity of the crisis.

Now what are they supposed to do?

Source: Associated Press

Cruise Ship Accident Claims Life of Cruiser

blog@www.maritimeaccidentattorney.com (news Author)16546 — Wed, 28 Jul 2010 08:00:00 EST

A cruise ship accident involving a collapsing gangway claims the life of a cruise ship passenger and leaves another injured. The maritime accident took place on Saturday, July 24, 2010, in the Italian Riviera port of Genoa.

According to reports, a Spanish couple was in the process of boarding the MSC Splendida for a seven night cruise when the gangway taking them to the ship fell 30 feet into the water. The woman was pronounced dead at the scene. Her husband has been reported as suffering severe head injuries.

The couple has been identified as 65-year old Maria Mercedes Bonastre and 65-year-old Fausto Del Charro Arraza, of Barcelona, Spain.

MSC Cruises, the owner of the cruise ship, has pointed the blame at the Genoa port authorities. “It seems that the incident happened after a walkway belonging to the maritime station gave way,” said director Pier Francesco Vago.

Investigators are trying to determine if high winds and seas played a role in the fatal cruise ship accident.

“This was a terrible tragedy but the exact dynamics still have to be established-it could have been caused by the wind which was very strong at the time,” said Port of Genoa director, Edoardo Monzani.

This is an unfortunate incident and our thoughts and condolences go out to the victim’s family and friends during this difficult time.

VB law firm hired on another tugboat injury lawsuit against Grifco

blog@www.maritimeaccidentattorney.com (news Author)16603 — Wed, 28 Jul 2010 08:00:00 EST

A cook was employed by Grifco to work aboard the tugboat "Natalie Alexander." Due to a defect on the tug, the cook feel down a stairway from the second deck to the first deck. She struck many parts of her body, including her head, and she lost consciousness. The cook has been diagnosed with a head injury, as well as various orthopedic injuries for which she is receiving medical treatment.

This tugboat injury happened off the coast of Louisiana. The cook is from Louisiana.

The cook hired Jones Act Lawyer Vuk Vujasinovic to file a Jones Act lawsuit on her behalf. The lawsuit was filed in Harris County, Texas, and it asserts claims for maintenance and cure, negligence, and unseaworthiness.

This is the second recent tugboat injury lawsuit filed by our law firm against Grifco based on a serious injury occurring on the company's tug boat "Natalie Alexander." The other Grifco tugboat injury case involved defective equipment that smashed in to the face of a tankerman.

This tug injury lawsuit remains pending.

Injured AB Seaman hires VB lawyer for tugboat injury claim against G&H Towing

blog@www.maritimeaccidentattorney.com (blog Author)36009 — Wed, 28 Jul 2010 08:00:00 EST

An AB seaman working for G&H Towing Company aboard the tugboat "Jupiter" was handling two tangled headlines when he injured his groin and low back. The seaman had previously told the company he needed help for this job, however, the company refused to provide him any help, instructing him to do the job alone.

The seaman underwent a hernia surgery about a month after the incident, and an orthopedic surgeon is recommending he undergo a back surgery.

The seaman hired Vuk Vujasinovic of Vujasinovic & Beckcom to file a Jones Act lawsuit against G & H Towing Company. The case was filed in Harris County, Texas. The lawsuit asserts claims for maintenance and cure, negligence, and vessel unseaworthiness.

This tugboat injury lawsuit remains pending.

WARNING to Martime Workers - Insurers Will Go to Great Lengths to Limit Your Recovery

blog@www.maritimeaccidentattorney.com (blog Author)35884 — Tue, 27 Jul 2010 08:00:00 EST

Most maritime workers understand the risks associated with working offshore. Even when workers recognize the dangers of the industry, nothing prepares them for the aftermath of an accident. They are often left wondering how they will pay for mounting medical bills and care of their family.

Many maritime accident victims make attempts to pursue the legal channels to hold their companies liable for their injuries. They also look to their employer to pay compensation for costs associated with their injury.

If you or someone you know has been injured in a maritime accident and are seeking compensation, it is important that you understand that the insurance company, and sometimes even your employer, will often take every step possible to limit their liability. There are tactics they implement to try to avoid paying you.

For instance, the insurance company may send someone to your hometown or general area where you either live or have lived in an attempt to access your past medical records. They generally carry authorization to examine your medical records in hopes that they find something that could potentially discredit your claim and decrease their liability.

Many companies will go to great lengths to not have to pay you. An experienced maritime attorney can help protect you from these devious tactics.

If you or someone you know has been injured as a maritime worker, you should contact our office at (713) 224-7800 or (877) 724-7800. You should also order my book, The Insider’s Guide to Winning Your Maritime Injury Case.

$18 million payout for BP's Tony Hayward

blog@www.maritimeaccidentattorney.com (news Author)16498 — Mon, 26 Jul 2010 08:00:00 EST

Departing BP CEO Tony Hayward will collect just over $18 million in a pay and pension package, according to the Times newspaper. Hayward has been widely ridiculed for a number of public gaffes during the Gulf oil crisis, including the infamous remark about wanting his “life back.” Reports have the official announcement of Hayward’s departure being made early this week. He will be replaced by executive Bob Dudley, a Mississippi native who is overseeing the spill response.

Source: Chicago Tribune

Are "Deepwater Horizon" Type Blowouts Common?

blog@www.maritimeaccidentattorney.com (blog Author)35712 — Mon, 26 Jul 2010 08:00:00 EST

The shockwaves from the explosion onboard the Deepwater Horizon that killed 11 maritime workers are still being felt. Americans have become familiar with what oil rig blowouts are and the devastating impact they can have on coastal waters, as well as the economy.

There has been a major effort to ensure that another blowout doesn’t happen again. However, it is crucial to recognize how common they are, especially if you are considering working as a maritime worker.

According to former Shell International Health and Safety Group auditor Bill Campbell, there have been 44 notable worldwide blowouts since 1955. These blowouts claimed the lives of 79 maritime workers and proved expensive for oil companies. This equates to one blowout every 15 months.

The frequency of blowouts are obviously more common than most people think. This means that the risks to those who work onboard oil rigs are greater than the general public understands. Oil rig workers must therefore exercise extreme caution while working on a rig.

However, not all accidents can be avoided. You might find yourself suffering a serious injury while working onboard an oil rig. It’s important to understand that an experienced maritime attorney can help you build a solid case and receive the best settlement possible.

If you or someone you know has been injured as a maritime worker, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Other oil companies running away from BP's reckless safety record

blog@www.maritimeaccidentattorney.com (blog Author)35804 — Mon, 26 Jul 2010 08:00:00 EST

Some oil corporations are using the Gulf oil disaster to tout their own safety procedures. In the process, BP looks even more reckless for chasing profits over safety. Four years before the April 20 Deepwater Horizon explosion which killed 11 workers and began the worst environmental disaster in U.S. history, Exxon Mobil abandoned a risky well it had already spent $180 million to drill. Their engineers decided that the project in the Gulf of Mexico’s Blackbeard West formation was too unstable to proceed. At the time, Exxon Mobil was ridiculed for not having the “guts to drill.” In hindsight, the decision looks wise and courageous in comparison with the more than $3 billion that BP has so far spent on containment and claims. It appears Exxon learned its lesson from the 1989 Valdez spill, which forced it to vastly upgrade its safety program.

Source: Houston Chronicle

Deepwater Horizon rig had never been to dry dock

blog@www.maritimeaccidentattorney.com (news Author)16461 — Sun, 25 Jul 2010 08:00:00 EST

A Deepwater Horizon worker told investigators “at nine years old, (the rig) has never been in dry dock,” the New York Times reported. Even though much of the equipment, including parts of the blowout preventer, are required to be inspected every three to five years, such inspections had never taken place since the rig entered service in 2000. A 112 page report commissioned by platform owner Transocean said that at least 26 rig components were in “poor” or “bad” condition. A 2009 audit indicated that 390 maintenance jobs were never performed.

Deepwater Horizon workers falsified safety reports

blog@www.maritimeaccidentattorney.com (news Author)16462 — Sun, 25 Jul 2010 08:00:00 EST

The New York Times reported that workers entered fake data onto inspection reports in order to circumvent Transocean’s safety system called Sea, Think, Act, Reinforce, Track—or Start. A 2009 audit indicated that 390 maintenance jobs were never performed. The report says that even though workers felt comfortable in reporting safety concerns that could be addressed in house—on the platform itself—they feared reprisals if their concerns went to the Houston corporate office. One person was quoted that “I’m petrified of dropping anything from heights not because I’m afraid of hurting anyone but because I’m afraid of getting fired.” Transocean contracted Lloyd’s Register Group to inspect the platform and conduct individual interviews with at least 40 of its workers between March 12 and 16, which was just over a month before the explosion that killed 11 and injured 17 workers.

Does a Ship Remain On-Hire When Held by Pirates?

blog@www.maritimeaccidentattorney.com (blog Author)35711 — Sat, 24 Jul 2010 08:00:00 EST

Though, Captain Jack Sparrow is make believe, real pirates do exist. Piracy remains a serious problem throughout the global maritime community. Piracy is responsible for millions of dollars of losses each year and in many instances result in a loss of life.

There has been considerable debate as to whether a ship is considered on-hire or off-hire during the time it is seized by pirates. Many cargo ships are chartered by companies to transport freight. However, many chartering companies are claiming that they are not responsible for paying for the charter services during the time a ship is under the control of pirates.

In one such instance, the “Saldanha,” a bulk carrier, was in route from Indonesia to Kope, Slovenia, when it was captured by pirates in the Gulf of Aden. The incident occurred on February 22, 2009 and the ship was finally released on April 25, 2009.

During that time, the ship was on a New York Produce Exchange charter. However, the charterer refused to pay for the time the ship was under the control of pirates claiming that the ship was off-hire. However, the English High Court ruled in favor of the ship’s owner citing that the ship was on-hire and that charterer is responsible to pay for services during the time the ship was detained.

If you or someone you know has been injured as a maritime worker, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Deepwater Horizon workers feared reprisals if they spoke out on safety

blog@www.maritimeaccidentattorney.com (news Author)16439 — Fri, 23 Jul 2010 08:00:00 EST

The New York Times has obtained a confidential survey of Deepwater Horizon workers about the ill fated rig’s safety. Many workers expressed more a fear of being fired than of the risk to their own lives from the well known unsafe conditions. One worker told investigators that the rig had never even been to dry dock for general repairs in its nine years of operation. The report says that even though workers felt comfortable in reporting safety concerns that could be addressed in house—on the platform itself—they feared reprisals if their concerns went to the Houston corporate office. One person was quoted that “I’m petrified of dropping anything from heights not because I’m afraid of hurting anyone but because I’m afraid of getting fired.” Transocean contracted Lloyd’s Register Group to inspect the platform and conduct individual interviews with at least 40 of its workers between March 12 and 16, which was just over a month before the explosion that killed 11 and injured 17 workers.

Read more.

Deepwater Horizon warning alarms were bypassed

blog@www.maritimeaccidentattorney.com (news Author)16440 — Fri, 23 Jul 2010 08:00:00 EST

Management didn’t want to disturb crew’s sleep

The former chief electronics technician on the Deepwater Horizon told a Senate panel Friday that the rig’s gas alarm system was “inhibited,” or bypassed, because management did not want crew to be woken up in the middle of the night from false alarms. A September 2009 audit of the platform indicated 390 safety items that needed to be addressed including issues with cooling and bilge pumps and an emergency shutdown panel. The Washington Post uncovered records showing the federal government has routinely handed out fines to Gulf of Mexico rigs for bypassing alarm systems.

Watch his testimony here.

Source: Washington Post

Injured offshore workers beware: companies try to dig up dirt on you

blog@www.maritimeaccidentattorney.com (blog Author)35691 — Fri, 23 Jul 2010 08:00:00 EST

It’s a widespread trick for insurance companies to search through your medical history in order to turn you, the injured worker, into the villain. We at Vujasinovic & Beckcom receive reports of insurers who send someone to every hospital in the area of an injured person’s residence with an authorization looking for medical records. Sometimes they hit pay dirt and find things out. For example, one worker is presently being grilled on some very old injuries, and drug treatment, from more than 10 years ago. The moral of the story: make sure you provide full disclosure about your past medical history when you start the job. Because any detail untold can and will be used against you, even if it doesn’t have anything to do with your injury.

Hundreds Claim Illness After Mediterranean Cruise

blog@www.maritimeaccidentattorney.com (blog Author)35710 — Fri, 23 Jul 2010 08:00:00 EST

Hundreds of cruisers are claiming they got sick while on a cruise around the Mediterranean. The victims were sailing onboard the Thomson Dream in May and June when many of the cruisers came down with a stomach illness.

According to reports, over 400 passengers have complained of suffering a stomach illness as a result of being onboard the cruise ship, Thomson Dream. Symptoms have included sickness, diarrhea, nausea, fatigue and abdominal cramps.

Barry Kay, 55, of Ravenshead, who was cruising with his wife, Julie, was one of the victims. Kay claims that he still hasn’t recovered from his illness.

Lawyers, who are representing some of the victims, have called for the cruise ship to be taken out of use until Thomson Cruises can guarantee that the problem has been resolved.

Thomson Cruises has issued a statement saying that the wellbeing of its customers was the company’s top priority. “We enforce robust health and safety procedures and take claims of illness extremely seriously,” a spokesperson for Thomson Cruises said.

The spokesperson also confirmed that the cruise ship company received 41 complaints by passengers who were onboard the cruise ship during the months in question. However, not all of those complaints were illness related.

BP cleanup workers not paid after 40 days

blog@www.maritimeaccidentattorney.com (news Author)16393 — Wed, 21 Jul 2010 08:00:00 EST

Workers contracted by BP for the Gulf oil spill cleanup say they haven’t been paid yet. “Forty days. We ain’t seen (no money) yet,” one of the workers told Yahoo News. Many are protesting being forced to live on floating hotels—so called “flotels”—which are essentially spartan structures comparable to shipping containers or trailers stacked on a barge. A group of fishermen has even gone on strike to protest their accommodations. Some workers claim they were promised that they would be put up in motels but are forced to live in the flotels because they haven’t been paid and have depleted their savings.

Oil cleanup workers injured in flotel fire

blog@www.maritimeaccidentattorney.com (news Author)16394 — Wed, 21 Jul 2010 08:00:00 EST

Five Gulf oil spill cleanup workers were injured in a “flotel” fire Tuesday night. The fire broke out in the mess hall of the flotel—short for floating hotel—located in the bayou of Plaquemines Parish, Louisiana. The injuries were categorized as smoke inhalation and were said to be minor in nature. A group of fishermen has even gone on strike to protest their accommodations. Some workers claim they were promised that they would be put up in motels but are forced to live in the flotels because they haven’t been paid and have depleted their savings.

Source: The Times Picayune

SPILL Act to Benefit Gulf Coast Oil Rig Victims

blog@www.maritimeaccidentattorney.com (news Author)16283 — Tue, 20 Jul 2010 08:00:00 EST

Victims and their families are still reeling from the devastating explosion that took place onboard the Deepwater Horizon that claimed the lives of 11 maritime workers and injured others. The incident left many wondering how they would replace lost income from family members who lost their lives, as well as how they would pay for medical expenses.

In light of recent events concerning the BP disaster, Chairman John Conyers (D-Mich) has sponsored the “Securing Protections for the Injured from Limitations Act” (SPILL Act / H.R. 5503), which is designed to allow BP disaster victims to recover noneconomic damages for families that lost loved ones as a result of the explosion.

The SPILL Act also addresses other outdated maritime liability laws such as:

Repealing of the Limitation of Liability Act that would have allowed Transocean to be responsible for only $27 million in damages, the current estimated value of the destroyed oil rig, and;
Amending the Jones Act that would allow surviving family members to recover noneconomic damages from maritime employers such as BP.

The House Judiciary Committee’s vote should help victim’s family members hold maritime corporations responsible for negligence and to help make the process of seeking damages more expedient.

BP Gulf contingency plan was a cut-and-paste embarrassment

blog@www.maritimeaccidentattorney.com (blog Author)35432 — Tue, 20 Jul 2010 08:00:00 EST

The former official in charge of BP’s Alaska spill contingency planning says he sees the same disastrous template in the Gulf of Mexico as the one that contributed to the 1989 Exxon Valdez spill. James Woodle, who oversaw spill recovery for the Trans-Alaska Pipeline in the early 1980s, told NEWSEEK that the Valdez terminal plans were “useless” and reflected the attitude that spills “will probably never happen. The only important thing was the number of pages in the plan.” Woodle recalled a giant plan cut-and-pasted with images but lacking specifics. Fast forward to 2010 and the Gulf of Mexico plan which is described as 583 pages pulled from other plans and useless information such as procedures to save walruses and referencing an expert who had been dead for four years. When Woodle voiced his concerns to the head of the pipeline, he was given a warning letter with false rumors he was having an affair before being fired for insubordination.

Source: Newsweek

BP claims: Victims, get sound legal advice before signing for temporary existence

blog@www.maritimeaccidentattorney.com (blog Author)35434 — Tue, 20 Jul 2010 08:00:00 EST

Rice University Presidential Historian Douglas Brinkley called BP’s Gulf claims process “despicable” and an attempt to “get people to sign waivers for existence living.” Speaking on CNN’s “Anderson Cooper 360” on Monday, Brinkley warned the audience that once the waivers are signed they can never sue BP. He urged Gulf residents to think twice and consult with a lawyer before signing “anything that this company would put in front of you.” Comparisons were made with 9/11 where those who lost loved ones had agree not to sue in order to receive reimbursement.

Many more details of the BP claims process can be found in the transcript of Monday’s show.

Remember, full health effects from exposure to oil and dispersants may not be known for years and while it is understandably tempting to take BP’s short term money, in the long run it may end up being a huge regret.

Consulting with an experienced offshore attorney first is a smart move.

Maritime Diver Loses His Life in Underwater Accident in Gulf

blog@www.maritimeaccidentattorney.com (news Author)16282 — Mon, 19 Jul 2010 08:00:00 EST

A maritime diver lost his life while performing maintenance on an oil rig located in the Gulf of Mexico. The diving accident, which is unrelated to the oil rig Deepwater Horizon explosion that killed 11 maritime workers, took place at approximately 11:30 AM on Friday morning, July 2, 2010.

According to the victim’s employer, Chicago-based Veolia Environmental Services North America, the diver was working from one of their vessels, the Normand Clipper, at a depth of approximately 250 feet when an apparent underwater explosion occurred. The company was performing maintenance on a Houston-based Chevron U.S.A. oil rig that had been damaged by a hurricane in recent years.

Officials from Veolia Environmental Services North America reported that rescue teams were able to recover the diver’s body. Unfortunately, paramedics were unable to resuscitate the diver. The diver’s identity was not immediately made known. It was unclear if anyone else was injured in the accident.

The fatal maritime accident is still under investigation by local authorities. There was no information provided as to what possibly caused the explosion.

This is an unfortunate accident and our thoughts and condolences go out to the victim’s family and friends during this difficult time.

Federal panel to meet on bad decisions leading to Deepwater Horizon

blog@www.maritimeaccidentattorney.com (news Author)16315 — Mon, 19 Jul 2010 08:00:00 EST

All this week, a government panel will look at 20 so called “anomalies” of poor decisions and reckless procedures in the hours before the Deepwater Horizon blew up on April 20. It was the event that killed 11 workers, injured 17 and triggered the worst environmental disaster in U.S. history. Among the areas of scrutiny is the reasoning behind why BP and Transocean continued to finish the Macondo well when signs indicated that they were losing control of it. For example, more drilling mud was coming back up than was going down during a routing test. Of particular focus will be the dysfunctional communication between representatives of both companies who reportedly had major disagreements over procedures shortly before the blowout. Rig workers will testify before the panel.

Read the Wall Street Journal story.

Oil seeping from Gulf well provokes stern warning to BP

blog@www.maritimeaccidentattorney.com (news Author)16316 — Mon, 19 Jul 2010 08:00:00 EST

Retired Coast Guard Admiral Thad Allen issued a stern letter to BP Sunday night ordering them to open a choke valve immediately because of the discovery of oil seepage near the newly capped Macondo well. He also directed them to increase their monitoring of the busted well. The newly discovered leak reinforced concerns that the lower than normal expected pressure readings at the well head may mean that oil is escaping through the sea floor. For now, the cap will remain in place with the possibility that it could be opened to allow oil to be collected by tankers on the surface.

Source: Reuters

Calls From Tour Boat Go Unanswered Right Before Crash

blog@www.maritimeaccidentattorney.com (news Author)16281 — Sun, 18 Jul 2010 08:00:00 EST

A maritime accident involving a tour boat and a tug boat claims the lives of two people and leaves others injured. The incident took place at approximately 2:30 PM on Wednesday afternoon, July 7, 2010, in the Delaware River.

According to a NTSB report, the tour boat DUKW 34 was carrying 35 passengers and two crew members when it experienced mechanical problems. Federal investigators said that the crew made several radio calls to the tug boat Caribbean Sea just before the fatal collision.

The radio calls were unanswered and the Caribbean Sea, towing a barge, collided with the tour boat sending it 55 feet to the bottom of the river. Two victims, Szabolcs Prem, 20, and Dora Schwendtner, 16, both from Hungary, lost their lives in the collision.

One of the crewmembers onboard the tugboat, owned by K-Sea Transportation of East Brunswick, invoked his Fifth Amendment rights and refused to talk with authorities. However, people onboard other vessels near the crash reported that they heard the radio calls made by the tour boat.

The fatal boating accident is still under investigation by authorities. Officials have reported that they have collected photos and video that may assist with the investigation.

This is an unfortunate incident and we extend our thoughts and condolences to all of those who have been affected by this tragedy.

BP to subtract cleanup pay from claims

blog@www.maritimeaccidentattorney.com (news Author)16290 — Sat, 17 Jul 2010 08:00:00 EST

In a decision that provoked immediate outrage, fishermen learned Friday that the money they earn from cleaning up the BP Gulf spill will be deducted from their claims against the company.

When Kenneth Feinberg made the announcement at a town hall meeting in Biloxi, Mississippi, the fishermen couldn’t believe what they heard. Some even walked out in protest.

According to Feinberg, who is the federal official in charge of the BP $20 billion oil spill fund, this decision had to be made because they “cannot be paid twice.”

Even though fishermen may get paid between $1,000 and $3,000 a day to rent out their boats in BP’s “Vessels of Opportunity” program, that’s less than they normally receive in a good shrimping season. Many captains at the meeting pleaded that this money is further diminished because they must pay their crew from it, causing them to actually lose money.

One captain said that this will discourage many from assisting in the clean-up or even renting their vessels out to BP.

Read more.

Source: Reuters

Where's the follow up on BP's Alaska leak from May?

blog@www.maritimeaccidentattorney.com (blog Author)35337 — Sat, 17 Jul 2010 08:00:00 EST

Lost in the shuffle of the deepening Gulf oil crisis was another significant BP spill.

On May 25, there were reports (“scarcely reported” said Newsweek) of 200,000 barrels of crude oil that leaked from the Alyeska Trans-Alaska Pipeline, which is majority owned by BP. According to Alyeska, the spill containment area has a capacity of 104,500 barrels, which is only slightly more than half of the leaked crude.

Alyeska said only that “several thousand barrels of oil spilled to containment.”

The leak was caused by a power failure DURING SCHEDULED TESTING at a pump station just northeast of pristine Denali National Park which begs the question: weren’t there any backup generators on line? Looks like the same shoddy contingency planning as with BP’s offshore operations.

BP: "Safety doesn't make money," alleges former company official

blog@www.maritimeaccidentattorney.com (blog Author)35343 — Sat, 17 Jul 2010 08:00:00 EST

The former official in charge of spill recovery for the AleyskaTrans-Alaska Pipeline (majority owned by BP) said BP’s emergency contingency planning was woefully inadequate when he worked for them in the 1980s. And when he reported his concerns to the head of the corporation, his life became a living hell.

James Woodle told Congress in 1991 that in 1984 he sent a letter to George Nelson, the head of Aleyeska, about his “serious doubt” that a medium or large spill could be effectively contained or cleaned due to old equipment, reduced manning and lack of personnel.

The result: he received a written warning of false rumors that he was having an affair with the terminal secretary and a few weeks later he was fired without explanation for “insubordination.”

Five years later, in 1989, the Exxon Valdez spill confirmed Woodle’s fears that Aleyeska was unprepared to handle the cleanup. Now, during the Gulf oil spill crisis, he tells NEWSWEEK that BP’s derelict attitude is “eerily familiar.”

BP connection in release of Lockerbie bomber

blog@www.maritimeaccidentattorney.com (news Author)16255 — Fri, 16 Jul 2010 08:00:00 EST

BP’s own written statement verifies that it pushed its concerns upon the British government about how not transferring convicted terrorist Abdel Baset al-Megrahi to Libya would risk the company’s $20 billion offshore drilling deal.

Megrahi was convicted for the December 21, 1988 Pan-Am Flight 103 explosion over Lockerbie, Scotland that killed 259 passengers and crew as well as 11 residents hit by falling plane parts. A Scottish court sentenced him to life in prison. However, in 2009 physicians mistaken declared he only had three months to live from cancer and the Scots gave him a compassionate medical leave. Now in Libya, Megrahi has had a “miraculous” recovery and doctors say he could live another 10 years.

There was outrage among victims’ family members and opposition by the U.S. government at the time of his transfer, but Scotland had the final say.

BP denies it had any direct involvement in the decision to release Megrahi. However, the company released a statement Wednesday confirming it told the British government in 2007 that “we were concerned about the slow progress that was being made in concluding a prisoner transfer agreement with Libya” and “were aware that this could have a negative impact on UK commercial interests” which included “BP’s exploration agreement” with the Libyan government.”

BP announced that it is proceeding with its plans to drill in Libya’s Gulf of Sidra.

Source: Yahoo News

Revisiting the BP Texas City explosion

blog@www.maritimeaccidentattorney.com (blog Author)35270 — Fri, 16 Jul 2010 08:00:00 EST

Five years before the Deepwater Horizon, there was Texas City.

BP’s Texas City refinery was the second biggest such refinery in Texas and the third biggest in the country. On March 23, 2005, a fire and explosion ripped through the plant, with 15 deaths and over 170 injuries. As a result, BP was slammed with federal criminal charges for violating environmental laws and was later hit with an $87 million fine from OSHA for failure to improve safety standards after the explosion.

Before the April 20 explosion of the Deepwater Horizon platform, Texas City was the poster child for BP’s rap sheet of reckless safety operations.

Just two months before the explosion, a safety inspector wrote of the Texas City plant, “We have never seen a site where the notion ‘I could die today’ was so real.”

An investigating board uncovered numerous instances of BP neglect in eliminating or upgrading unsafe and out of date venting and blow-down systems to prevent dangerous atmospheric conditions in the years before the explosion. Even after the disaster, three safety incidents occurred, resulting in the record $87 million fine.

(Data obtained from Wikipedia)

Where is BP's memory of Deepwater Horizon victims?

blog@www.maritimeaccidentattorney.com (blog Author)35257 — Thu, 15 Jul 2010 08:00:00 EST

If you go to BP’s Gulf of Mexico Response website, you will see a variety of pictures designed to sell you on the company’s efforts in the crisis.

There’s the “Community Outreach Center” banner. Bulldozers moving sand on the beach. Cleanup workers picking up tar balls. An action shot of charts in the unified command center. Even newly cleaned pelicans are shown being returned to the wild.

But where are the references and pictures of the 11 men who died in the Deepwater Horizon platform explosion? Three months ago, they lost their lives in the aftermath of reckless drilling procedures. Yet, BP has cast aside their memories like worn out drilling parts.

Over one month after the explosion, victims’ family members told ABC News that BP had not even offered an apology.

On the other hand, one website does memorialize the victims.

British court makes landmark ruling on whether piracy is "on hire"

blog@www.maritimeaccidentattorney.com (blog Author)35161 — Wed, 14 Jul 2010 08:00:00 EST

A British arbitration tribunal has ruled that a vessel held by pirates remains on-hire throughout its detention. The high court made the ruling in June on the case of the Saldana, a 38,000 ton coal carrier en route from Indonesia to Slovenia that was hijacked by pirates in the Gulf of Aden on February 22, 2009.

The vessel had been on a so-called New York Produce Exchange (NYPE) charter. The vessel and crew were subsequently held near Eyl, Somalia for 62 days until their release on April 25, 2009.

During the hostage period the charterer claimed the ship was off-hire and refused to pay hire, arguing clause 15 of the NYPE, which states that “in the event of loss of time from default and/or deficiency of men (or by) detention by average accident…the payment of hire shall cease.”

However, the tribunal ruled in favor of the UK Defense Club and the vessel’s owner, stating that a piracy hijacking did not qualify as a “detention by average accident.” The judge cited the lack of specific wording in the NYPE and concluded that, had the off-hire language been amended to “any other cause whatsoever,” the charterer might have had a case. He concluded that the wording should be tightened up for more clarity.

Source: UKDefense.com

North Sea has far safer drilling record than Gulf of Mexico

blog@www.maritimeaccidentattorney.com (blog Author)35162 — Wed, 14 Jul 2010 08:00:00 EST

A new article reports that when it comes to comparing the number of drilling accidents in the North Sea and the Gulf of Mexico, there is no comparison. And it provides charts and statistics to demonstrate that the North Sea has had significantly fewer blowouts that the Gulf.

In the UK North Sea between 1955 to 2010 there have been a total of two blowouts on rigs—in 1977 and 1988—with one fatality.

Compare that to the Gulf of Mexico where, since 1964, there have been 11 blowouts with 38 fatalities and massive pollution: 140 million gallons of oil from the 1979 Ixtoc spill and more than that from the still-gushing BP Macondo well.

In the Gulf, six blowouts occurred on jackup rigs, four on semi-submersibles and one on a drill barge.

Source: Maritime Accident casebook

U.S. big oil misled on safety for deepwater drilling permits

blog@www.maritimeaccidentattorney.com (blog Author)35163 — Wed, 14 Jul 2010 08:00:00 EST

When U.S. oil filed for deepwater drilling leases in the Gulf of Mexico, the phrase “blowouts are rare events” was used.

This was either an enormous bending of the facts or an outright lie.

A definition of a rare event is something that is “few and far between, unusual or exceptional.” Applying this definition to the risk analysis used by the British publication Piper Alpha, a tolerable rare event in UK offshore operations would be a disaster that occurred just one time between 1 in 100 and 1 in 1000 years.
At the time of the 2008 applications, the Gulf of Mexico had averaged a rig disaster 1 in 3.7 years between 1964 and 2001. If you include the Deepwater Horizon explosion, the ratio is 1 in 4.2 years. There have been 11 blowouts in the Gulf since 1964 with 38 fatalities and over 300 million gallons of oil spilled. By comparison, since 1955 there have been two blowouts in the UK North Sea with one fatality.

Source: Maritime Accident casebook

BP not responding to mental health agencies' plea for assistance

blog@www.maritimeaccidentattorney.com (blog Author)34971 — Mon, 12 Jul 2010 08:00:00 EST

State health agencies from Louisiana, Mississippi and Alabama are overwhelmed with the burgeoning demands on their services from Gulf Coast residents needing help from the BP oil spill.

But despite their requests for assistance to help fund growing mental health services and monitoring, BP has not even bothered to give a response.

The Louisiana Department of Health and Hospitals sent the company a letter on June 28 requesting $10 million to deal with the “ongoing challenge” of those people who have lost their jobs and seen their lives turned upside down. It first requested assistance on May 28 but has yet to hear anything from BP. The stress is driven by factors including families’ inability to pay their bills.

Kindra Arnesen, director of Wives of Commercial Fishermen, said her own children and other relatives have become sick from what she believes to be contaminated air caused from the oil in the Gulf.

Source: Reuters

Did the Deepwater Horizon blowout preventer have enough power to do the job?

blog@www.maritimeaccidentattorney.com (blog Author)34974 — Mon, 12 Jul 2010 08:00:00 EST

According to Minerals Management Service (MMS) regulation 250.416 (e), drillers are required to submit proof that blowout preventers (BOP) have sufficient power to shear through a drill pipe in an emergency. However, in a letter to Transocean CEO Steven L. Newman, Senator Charles Grassley (IA) states that the MMS inspector who examined the Deepwater Horizon drilling application claimed that he was not even aware of such a requirement. Also, the inspector said he never even asked for proof of BOP compliance in the more than 100 drilling applications his agency looks at each year. In his letter, Grassley asked for Transocean to provide him a long list of communiqués and documents between the company and the MMS. Of note is a request for the name of the person “who made the decision to replace the mud in the drill hole with seawater.”

Vujasinovic & Beckcom has reported extensively on the mysterious “company man” alleged to have made the fateful decision to use seawater instead of mud.

Read Sen. Grassley’s letter here.

Not even half of BP claims have been paid yet

blog@www.maritimeaccidentattorney.com (news Author)16111 — Sun, 11 Jul 2010 08:00:00 EST

Out of the 103,013 claims filed from the Gulf oil disaster through July 10, BP has paid out 48,795. That’s less than 50%. So far, $163 million has been paid for filings in six states. The company says it fully intends to pay for all “legitimate” claims but has had to delay some filings due to improper documentation. It says one of the issues is verifying workers who were paid in cash and, in lieu of them having W-2s or pay stubs, a letter from a seafood processor would be acceptable. BP is warning workers to be wary of anyone who attempts to charge them for filing a claim and to report those scammers to the state attorney general’s office.

Source: Biloxi-Gulfport Sun Herald

N.Y. state retirement fund files lawsuit against BP

blog@www.maritimeaccidentattorney.com (news Author)16112 — Sun, 11 Jul 2010 08:00:00 EST

With its BP shares having fallen 50% since the Deepwater Horizon rig explosion on April 20, the New York State Common Retirement Fund—the country’s third largest public pension fund—has filed a class action suit against the oil giant.

The $132.6 billion fund’s 19 million BP shares have lost nearly $575 million in value.

“We’re going to hold BP accountable” for misleading investors about its ability to respond to a crisis such as the Gulf oil disaster, said New York State comptroller Thomas P. DiNapoli. The state will go after BP under a securities fraud provision of the law.

Many other funds in the country have seen their BP portfolios take a hit. The California Public Employees’ Retirement System (Cal PERS), the nation’s largest public pension fund, has seen its 60 million BP shares fall in value from $585 million to $345 million. However, CalPERS has not decided to take legal action at this time.

Source: CNN.com

New Orleans or Houston for BP venue?

blog@www.maritimeaccidentattorney.com (blog Author)34935 — Sat, 10 Jul 2010 08:00:00 EST

A New Orleans federal judge has ruled to temporarily consolidate 30 of the 200 plus lawsuits against BP in his courtroom for pretrial purposes. U.S. District Judge Carl Barbier said he’s doing this to streamline the process before a multidistrict panel meets on July 29th that will decide on how to handle all of the cases nationally. Meanwhile, BP wants all of the cases heard by U.S. District Courts Judge Lynn Hughes in Houston. Incidentally, Hughes’ courtroom is just three blocks from the offices of Vujasinovic & Beckcom PLCC, a leading offshore law firm that has represented clients against companies involved in the Deepwater Horizon platform.

Alabama residents file suit against BP

blog@www.maritimeaccidentattorney.com (blog Author)34936 — Sat, 10 Jul 2010 08:00:00 EST

An Alabama couple is the latest to join the long line of lawsuits against BP in the Gulf oil disaster. James E. and Kate C. Fisher are seeking damages for the loss of income to their commercially zoned property in Baldwin County. Among the damages claimed are diminished business income and use of natural resources. Even properties not actually touched by the oil are negatively affected by the spill because of the perception that all of the beaches on the Gulf Coast are damaged.

Source: WHNT-TV

BP stiffs fishermen of paychecks

blog@www.maritimeaccidentattorney.com (blog Author)34821 — Thu, 08 Jul 2010 08:00:00 EST

Over 500 Gulf Coast fishermen involved in cleanup operations who were supposed to get their checks from BP on Wednesday did not receive them. Not only that, but the company refuses to give an explanation.

All they know is that BP decided to change its payment process—which requires checks to be issued every 30 days—without a warning or reason. The fishermen’s representative said the company has been giving them conflicting information about the payment system.

On June 11th, BP issued a statement that said cleanup workers were allowed to speak with the media. However, two days later, they tried to block a New Orleans TV station from doing just that.

Fishermen from St. Bernard Parish say that BP has low balled them with poor pay as well as outsourcing work to people from out of the area.

In the meantime, workers are waiting for word on when their payments will resume.

Source: WDSU-TV

Thousands of abandoned wells in the Gulf of Mexico

blog@www.maritimeaccidentattorney.com (news Author)15992 — Wed, 07 Jul 2010 08:00:00 EST

An Associated Press investigation reveals that there are over 27,000 abandoned oil and gas wells at the bottom of the Gulf of Mexico. The report raises concerns because no federal or industry organization is even investigating to see the condition of the wells, whether they are leaking, deteriorating and a threat to become the next BP oil disaster. Some of the wells date back to the 1940s and there are questions about whether sealing standards back then were as stringent as they are today. In fact, both Texas and California have resealed tens of thousands of older abandoned wells. The investigation cites 3,500 temporarily abandoned wells for which regulations require that companies submit plans for permanent plugging or reusing within one year. However, that rule is often circumvented. A 1989 GAO report estimated that 17 percent of wells on land were poorly plugged and the sealing procedure in water is said to be similar to the one on land. It is difficult to pinpoint the location of leaking offshore wells. In 2001, MMS researchers tried, with satellite imagery, to locate a well 20 miles off the Louisiana coast that was leaking five years after it had been sealed. However, the attempt was unsuccessful.

Read more.

Deckhands paid in cash may be shafted out of BP claims process

blog@www.maritimeaccidentattorney.com (blog Author)34721 — Wed, 07 Jul 2010 08:00:00 EST

Day laborers and cash-only deckhands who’ve lost work from the Gulf oil disaster are afraid to ask for what they’re entitled to from the BP claims process, fearing penalties and prosecution for not paying taxes.

Because BP requires the previous three years of tax returns to be presented during filing, many workers without such records believe they are out of luck.

Paying taxes is a matter between the individual and the IRS and should not be used by a corporation like BP to deprive a worker out of rightful compensation.

The seafood industry has stepped up to get these individuals compensated. They’ve established a charity to raise money for those out of work who have been lost in the system and don’t have all of the intimidating paperwork required to file a claim. Kevin Voisin, the head of the charity, says they “don’t even have an application process,” don’t require tax forms or W2s.

If you are a displaced worker afraid of getting your just compensation because you don’t have the necessary records, read more about this charitable effort here.

FYI, if you are a cash-paid deckhand injured on the job denied medical care and fair compensation, just know that you can speak with an offshore attorney in confidence and without having to worry about being reported for income paperwork that has nothing to do with your injury.

Source: Fox News

Dangers for Gulf Coast Spill Cleanup Workers

blog@www.maritimeaccidentattorney.com (blog Author)34732 — Wed, 07 Jul 2010 08:00:00 EST

Thousands of people have flocked to the Gulf Coast region in response to the explosion onboard the oil rig Deepwater Horizon. The explosion has sent millions of gallons of crude oil into the waters and continues to threaten coastal lines. Many have been volunteers.

Part of the cleanup process involves the utilization of millions of gallons of oil disbursement chemicals, such as Corexit 9500. Many scientists are concerned that breathing these chemicals, as well as the chemicals emanating from the release of oil, methane, benzene and hydrogen sulfide resulting from the explosion, are creating a “toxic soup” environment in the Gulf waters. Scientists are concerned that these conditions will pose serious health risks for those who are breathing the air while helping with the cleanup effort.

It has been reported that a large number of workers are suffering from flu-like symptoms. Another report cites that 162 cases of illnesses have been received by the Louisiana State Health Department. Also, it appears that 400 people have sought treatment for upper and lower respiratory complications, headaches, nausea and eye irritation.

Workers should be concerned about the lessons learned from the 1989 Exxon Valdez spill. According to a CNN report, the majority of those asked to assist with the cleanup efforts have already died. The report indicates that the average life expectancy for those workers is only 51-years-old.

If you or someone you know has been injured while working as an oil spill cleanup worker, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

What BP Victims and Cruise Ship Victims Have in Common

blog@www.maritimeaccidentattorney.com (blog Author)34660 — Tue, 06 Jul 2010 08:00:00 EST

There may be more bad news for the victims of the Deepwater Horizon explosion on April 20, 2010. Their ability to sue BP over the company’s alleged negligence associated with the explosion is limited by a maritime law called the Death on the High Seas Act (DOHSA). This law prohibits victims from suing for major damages. However, it’s not only BP that is involved in the legal battle, but rather the cruise line industry as well.

As Congress makes attempts to remedy the situation, the Love Boat Lobby and the Cruise Lines International Association (CLIA) have made their voices heard. The CLIA recently sent a letter to members of the Florida congressional delegation “strongly” opposing the SPILL Act bill. The letter alleges that the new bill would allow cruise ship victims to sue cruise line companies for noneconomic damages.

The letter also highlighted the fact that cruise lines would be exposed to real liability for all crimes and other incidences affecting passengers. The CLIA claims that the bill would expose companies to extremely unpredictable lawsuits. The U.S. Chamber of Commerce has joined the CLIA in its campaign to block the bill.

If you or someone you know has been injured on a cruise ship or in the Deepwater Horizon explosion, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Gulf oil platform diver dies on the job

blog@www.maritimeaccidentattorney.com (news Author)15938 — Mon, 05 Jul 2010 08:00:00 EST

In an incident unrelated to the Deepwater Horizon, a platform diver died late last week in the Gulf of Mexico. The diver, whose name was not yet released, was performing maintenance at a depth of 250 feet on the Normand Clipper operated by Veolia Environmental Services North America. Rescue teams recovered the body but paramedics were unable to resuscitate the victim. According to a company statement, an “underwater explosion” may have caused the fatality.

Source: Houston Chronicle

Changes to outdated law is welcome news to Deepwater Horizon families

blog@www.maritimeaccidentattorney.com (blog Author)34617 — Mon, 05 Jul 2010 08:00:00 EST

The Death on the High Seas Act (DOHSA) has been amended in ways that will benefit the victims of the Deepwater Horizon explosion. Last month, the House Judiciary Committee voted to make changes that would lift damage limits and compensate families more fairly.

Under the SPILL Act, H.R. 5503, officially known as the “Securing Protections for the Injured from Limitations on Liability Act,” noneconomic damages can be recovered by the families of the 11 workers killed in the blast.

The John Conyers (D-Mich) sponsored legislation imposes greater liability upon platform owner Transocean by repealing the Limitation of Liability Act, an antiquated law from 1851 that previously gave the company the right to claim responsibility for only $27 million worth of damages, which is the value of the now sunken platform. It also changes the Jones Act to allow noneconomic damages to be paid from maritime employers to family members of surviving seafarers.

Oil predicted to hit Miami in six weeks

blog@www.maritimeaccidentattorney.com (news Author)15931 — Sat, 03 Jul 2010 08:00:00 EST

Federal forecasters predict an 80% likelihood that oil from the Gulf disaster will reach Miami by the middle of August. Once it catches the loop current, it will push around the Florida Keys and up the east coast at 100 miles per day. Even though Miami Beach would probably not be awash in thick oil, tarballs would likely come ashore and drive away tourists. On this July 4th weekend, holiday rentals are down 80 percent in places like Dauphin Island, Alabama. Mississippi Gulf tourism is down 50 percent. Annual fireworks displays are cancelled in many communities.

Source: ABC News

BP can't pay claims fast enough

blog@www.maritimeaccidentattorney.com (news Author)15932 — Sat, 03 Jul 2010 08:00:00 EST

The total number of claims filed against BP in the Gulf oil crisis skyrocketed from 30,000 to over 85,000 in June, according to Cannon Cochran Management Services, Inc., a consulting group hired by Louisiana to track claims and payments. It said 2.5 new claims came in for each payout. Check totals averaged out to 2 million dollars per day during the month with the exception of June 16, where the total spiked to 11 million dollars. The average payout is 3,500 dollars. A Louisiana agency issued a highly critical statement on BP’s slow response and pressured the company to speed things up to help families “who are struggling because of the oil spill.” The statement also called the response “extremely distressing” because families need the money to make ends meet.

Source: AFP

BP cleanup workers not being put to work

blog@www.maritimeaccidentattorney.com (news Author)15918 — Fri, 02 Jul 2010 08:00:00 EST

Many of the fishermen in BP’s Vessels of Opportunity program to clean up the Gulf oil spill say they spend most of their time sitting in their boats with nothing to do.

“They just wait because there’s no direction,” Rock Ditcharo, a Louisiana shrimp dock owner, told the Associated Press. BP has hired 2,000 boats “to show numbers,” he added.

Plaquemines Parish President Billy Nungesser said that BP and the Coast Guard gave a map with the locations of 140 skimmers deployed. But officials later told him only 31 skimmers were working, he said.

According to the Coast Guard, 550 skimmers are working to contain the spill which some estimates indicate has surpassed the Ixtoc I spill of 1979 are the biggest in the history of the Gulf.

Only approximately 3,000 of the 20,000 volunteers who have signed up to clean beaches and wetlands have received an assignment.

Predicting BP's total liability amount

blog@www.maritimeaccidentattorney.com (blog Author)34460 — Thu, 01 Jul 2010 08:00:00 EST

The only thing keeping Vegas from posting an over / under on the eventual liability that BP will have to pay from the Deepwater Horizon disaster is the fact that it could take decades to determine the total dollar amount.

However, many legal and financial analysts have been making predictions on how much BP will have to pay. Brian O’Neill with Faegre & Benson LLP of Minneapolis, who prevailed with $5 billion in punitive damages from Exxon, says it could be $10 billion from private lawsuits, $5 billion for cleanup costs and $4 billion for damages to natural resources. Goldman and Sachs predicts $33 billion, Credit Suisse $37 billion and Raymond James & Associates $62.9 billion.

Zygmunt Plater, former chairman of the Alaska Oil Spill Commission, says the total could reach $90 billion.

Factors in play will include the cost of cleanup, civil penalties and litigation by businesses, communities and investors.

Source: Reuters

BP allocated less than .1% of its profits toward safety research

blog@www.maritimeaccidentattorney.com (news Author)15884 — Wed, 30 Jun 2010 08:00:00 EST

Out of its $58.3 billion in profit over the last three years, BP Plc spent $29 million on research for safer drilling. That comes out to 0.05% of its profits. Not only that, the company doesn’t even conduct its own research, choosing to outsource it to a number of so-called spill response specialty firms. One of those firms, Marine Spill Response Corp., admitted to MSNBC that it is not even a research and development company.

Read more.

Congress Questions Well Design in Letter to BP

blog@www.maritimeaccidentattorney.com (blog Author)34225 — Wed, 30 Jun 2010 08:00:00 EST

The United States Congress Subcommittee on Oversight and Investigations recently sent a letter to BP CEO Tony Hayward raising concerns over decisions BP made leading up to the fatal explosion of the Deepwater Horizon that claimed the lives of 11 maritime workers.

Among concerns raised in the letter is the issue of the well design. According to the letter, BP installed the final section of steel tubing in the well on April 19, one day prior to the explosion.

There were two primary options afforded to BP. The letter states that the first option was to lower a full string of “casing” from the top of the wellhead to the bottom of the well. The second option involved hanging a “liner” from the lower end of the casing already in the well and installing a “tieback” on the top of the liner.

The latter option was considered a safer procedure, but would have required additional time and cost $7 to $10 million more. Consequently, BP chose the first option which was considered to be more risky.

It is unclear as to whether this decision was the actual cause of the blowout, but the letter accuses BP of making several decisions for economical reasons.

If you or someone you know has been injured on the Deepwater Horizon or during the cleanup efforts of the oil spill, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Get an expert in offshore law to guide you through the BP legal minefield

blog@www.maritimeaccidentattorney.com (blog Author)34396 — Wed, 30 Jun 2010 08:00:00 EST

An experienced Gulf Coast offshore law firm is best served to lead victims of the Deepwater Horizon crisis through the web of potential plaintiffs and laws in play. Why? Because 1) being based in the Gulf Coast gives that firm knowledge and likely extensive first-hand experience in dealing with BP, Transocean, Haliburton, Anadarko and other locally headquartered companies involved in the high risk moves the led to the April 20 explosion that killed 11 workers, injured 17 and traumatized countless others; 2) that firm is well versed in the history of area litigation such as the 2005 Texas City BP refinery fire that killed 15 workers and resulted in a $50 million dollar safety violation fine against BP; 3) the firm will undoubtedly have become very familiar with laws such as the Oil Pollution Act of 1990, Clean Water Act, Limitation Act of 1851, Refuse Act, Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal Protection Act, Alternative Fines Act, etc.; 4) the firm, especially one based in Houston, knows the courts and judges who will likely handle these cases.

Don’t depend upon a firm that will learn about dealing with the oil industry on the fly, go with a firm that has already gone up against those companies involved in the Deepwater Horizon disaster.

(Information for this article provided by Reuters).

Get an expert in offshore law to guide you through the BP legal minefield

blog@www.maritimeaccidentattorney.com (blog Author)34397 — Wed, 30 Jun 2010 08:00:00 EST

An experienced Gulf Coast offshore law firm is best served to lead victims of the Deepwater Horizon crisis through the web of potential plaintiffs and laws in play. Why? Because:

1) being based in the Gulf Coast gives that firm knowledge and likely extensive first-hand experience in dealing with BP, Transocean, Haliburton, Anadarko and other locally headquartered companies involved in the high risk moves that led to the April 20 explosion that killed 11 workers, injured 17 and traumatized countless others;

2) that firm is well versed in the history of area litigation such as the 2005 Texas City BP refinery fire that killed 15 workers and resulted in a $50 million dollar safety violation fine against BP;

3) the firm will undoubtedly have become very familiar with laws such as the Oil Pollution Act of 1990, Clean Water Act, Limitation Act of 1851, Refuse Act, Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal Protection Act, Alternative Fines Act, etc.;

4) the firm, especially one based in Houston, knows the courts and judges who will likely handle these cases.

Don’t depend upon a firm that will learn about dealing with the oil industry on the fly, go with a firm that has already gone up against those companies involved in the Deepwater Horizon disaster.

(Information for this article provided by Reuters).

BP air pollution may pose serious threat

blog@www.maritimeaccidentattorney.com (news Author)15859 — Tue, 29 Jun 2010 08:00:00 EST

Samples taken from the area around the Deepwater Horizon spill show air pollution levels higher than in the skies above Los Angeles and Mexico City.

A group of UC-Irvine scientists detected quantities of alkyl nitrates, hexane, methane and other toxic compounds in 400 cannisters collected in the area of the oil gusher about 50 miles off of the Louisiana coast. Those compounds can burn and irritate skin and eyes.

The scientists have not determined if the compounds are coming from chemical dispersants, oil or other sources.

A number of workers involved in the cleanup have been hospitalized with breathing disorders.

Source: L.A. Times

Employees suing BP over plunging stock price

blog@www.maritimeaccidentattorney.com (news Author)15860 — Tue, 29 Jun 2010 08:00:00 EST

A federal lawsuit was filed on Monday in Chicago by members of BP’s employee savings plan due to the hard fall in share prices since the Deepwater Horizon disaster. The case is Moule vs. BP Corp. North America. Since the April 20 explosion of the rig, the company’s stock has fallen close to half of its worth. Over $1.4 billion has been lost in the majority of state retirement funds that hold BP shares. The plaintiffs are seeking class-action status.

As well, former employee Ralph Whitley filed a separate suit against the company and its plans. BP made unwise investments that harmed its retirement plans, Wilson alleged.

Source: Daily Finance.com

Oil now hitting Mississippi shores

blog@www.maritimeaccidentattorney.com (news Author)15826 — Mon, 28 Jun 2010 08:00:00 EST

While oil has been covering the beaches of Louisiana, Alabama and Florida for weeks, Mississippi had escaped contamination. Until now.

For the first time, thick pools of oil washed ashore in Mississippi on Sunday. A tourist beach at Ocean Springs, 10 miles east of Biloxi, and another beach close to a marsh were hit.

State officials wanted to clean up the oil immediately but were frustrated to stand idle as BP contractors were yet to arrive at the sites. A spokesman for the state’s Dept. of Environmental Quality told Reuters that “we cannot clean up or catch the oil until BP gets here…they have all the money.”

SCUBA companies file class action suit against BP

blog@www.maritimeaccidentattorney.com (news Author)15827 — Mon, 28 Jun 2010 08:00:00 EST

Add the SCUBA industry to the ever expanding list of plaintiffs against BP and other corporations in the Gulf oil crisis.

Several diving companies have filed a class suit for damages including loss of business income, profits and earnings capability.

Beaches from Louisiana to the Florida panhandle have closed to divers, swimmers and visitors. Even beaches that have not been contaminated and where the water is clear have suffered significant loss of business because fears of contamination have prompted travelers to cancel bookings.

The suit was filed in Middle District of Alabama; the lead plaintiff is Adventure Sports II from Montgomery, Alabama. Defendants are BP, Haliburton and Cameron International.

Congress Letter to BP Addresses Mud Circulation

blog@www.maritimeaccidentattorney.com (news Author)15829 — Mon, 28 Jun 2010 08:00:00 EST

There are many questions being asked of BP about how the Gulf of Mexico rig explosion could have occurred. The United States Congress Subcommittee on Oversight and Investigations is leading the way.

On June 14, 2010, the committee issued a letter to BP CEO Tony Hayward questioning a company decision that may have resulted in the failure to fully circulate the drilling mud in the well, known as Macondo, before cementing. The procedure in question, also known as “bottoms up,” deals with circulating the drilling mud from the bottom of the well all the way to the surface.

The basic purpose of the procedure is to prevent contamination of the mud, which may have been the culprit in the fatal explosion of the Deepwater Horizon rig. According to Halliburton Account Representative Jesse Gagliano, Halliburton recommended that BP conduct the “bottoms up” procedure at least one time, which was included in BP’s operations plan.

It appears that BP may have chosen a different procedure “written on the rig” that called for a partial circulation of the drilling mud. The letter from Congress alleges that BP’s final procedure called for the circulation of only a small portion of the drilling mud equaling approximately 261 barrels.

If you were hurt on the Deepwater Horizon or during the cleanup efforts of the oil spill, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

Congress Asks Tough Questions of BP

blog@www.maritimeaccidentattorney.com (blog Author)34145 — Mon, 28 Jun 2010 08:00:00 EST

The United States Congress wants to know how the fatal explosion of the Deepwater Horizon that killed 11 maritime workers could have happened. On June 14, 2010, the Subcommittee on Oversight and Investigations sent a letter to BP CEO Tony Hayward.

Congress has raised serious questions about crucial decisions that BP made in the days and hours prior to the explosion. They are alleging that multiple decisions concerning the well, known as Macondo, were made for economic reasons. They are focusing on five crucial decisions made by BP in spite of warnings of the company’s own personnel:

The decision to use a well design with few barriers to gas flow
The failure to use a sufficient number of “centralizers” to prevent channeling during the cement process
The failure to run a cement bond log to evaluate the effectiveness of the cement job
The failure to circulate potentially gas-bearing drilling muds out of the well
The failure to secure the wellhead with a lockdown sleeve before allowing pressure on the seal from below

The letter by Congress cites that these five decisions BP made posed a trade-off between cost and well safety.

If you or someone you know has been injured on the Deepwater Horizon or during the cleanup efforts, you should contact one of our experienced maritime lawyers at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

New Orleans restaurateur leads class action suit against BP

blog@www.maritimeaccidentattorney.com (news Author)15813 — Sun, 27 Jun 2010 08:00:00 EST

The operator of the highly regarded Bayona restaurant in New Orleans has filed a class action lawsuit on behalf of restaurants and seafood providers against BP and other parties related to the Gulf oil crisis. Susan Spicer, owner of Bayona and a world class chef who appeared as a judge on the programs “Top Chef” and “Iron Chef America,” is seeking damages for lost business because of the disappearance of seafood supplies. The New Orleans restaurant industry depends heavily on local seafood. Also named as defendants in the case are Transocean Ltd, the owner of the Deepwater Horizon; Halliburton, which provided cementing services; and Cameron International Corp, which manufactured the blowout preventer.

Source: Reuters

Boat captain's wife says BP reduced her late husband to a wreck

blog@www.maritimeaccidentattorney.com (news Author)15814 — Sun, 27 Jun 2010 08:00:00 EST

Tracy Kruse of Foley, Alabama said the loss of a 25 year business as a charter boat captain was killing her husband as weeks passed by following the Deepwater Horizon explosion on April 20.

Just past the crack of dawn on June 23, Allen kissed her goodbye for the final time. An hour later, he took his own life with a gunshot to the head in the wheelhouse of his 46-foot charter boat, The Rookie.

Allen Kruse was working for BP under its “Vessels of Opportunity” program to deploy boom and spot and skim oil. But that kind of work left him an emotional wreck.

“All of a sudden he had people barking orders at him who didn’t know how to tie up a boat to a pier,” Tracy told the Pensacola News Journal. “I think he thought, ‘I’ve got to get out of this. I can’t take it.’ “

Tracy said that the paperwork process required by BP to get an assignment and get paid was extremely frustrating. One particular invoice was 52 pages and Allen was driven to extreme worry that the paperwork would not get processed.

Read more here.

Source: Pensacola News Journal

The United States Congress Sends Letter to BP CEO

blog@www.maritimeaccidentattorney.com (news Author)15804 — Sat, 26 Jun 2010 08:00:00 EST

It seems that everyone in America wants answers concerning how the Deepwater Horizon explosion in the Gulf of Mexico, which killed 11 maritime workers, could have happened. The United States Congress is no different.

On June 14, 2010, the Subcommittee on Oversight and Investigations sent a letter to BP’s CEO Tony Hayward raising serious concerns over BP’s operations onboard the ill-fated oil rig. Congress has raised questions in regards to decisions that BP made in the days and hours before the explosion that took place.

According to the letter, BP’s drilling engineer referred to the well called Macondo as a “nightmare well.” The letter also alleges that BP may have made multiple decisions concerning the well, based on economic reasons.

Congress has accused BP of repeatedly choosing risky procedures in order to save time and money. This is in light of the fact that BP’s own personnel issued warnings to BP in regards to decisions being made that appear to have violated industry guidelines.

The letter also states that the Subcommittee on Oversight and Investigations is looking into other crucial decisions BP may have made to expedite the completion of the project.

If you or someone you know has been injured on the Deepwater Horizon or during the cleanup efforts of the spill, you should contact one of our experienced maritime attorneys at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at (713) 224-7800 or (877) 724-7800.

What Investigators Are Looking For in the Gulf of Mexico Rig Explosion

blog@www.maritimeaccidentattorney.com (blog Author)34044 — Fri, 25 Jun 2010 08:00:00 EST

Families and victims are still reeling from the aftermath of the Gulf of Mexico rig explosion involving the Deepwater Horizon. This tragic offshore rig accident claimed the lives of 11 maritime workers and left others injured.

There has been a public outcry as Americans demand to know how the accident could have occurred and who is responsible. Key components that investigators are looking at to help answer these tough questions include well design and cementing.

Investigators are trying to determine if it was appropriate to utilize nitrogen foamed cement at this depth. This practice is generally used for shallow drilling and seems to be uncommon for oil rigs in deep waters.

Officials are also studying Halliburton lab reports to determine if the cement had enough time to properly cure.

There has been speculation as to whether there was contamination of the cement. This could have led to cement channeling, which may have impacted the flow path for formation fluids. One of the concerns is whether there were appropriate tests conducted following the cement job.

These are all important questions that investigators are trying to answer in order to determine the exact cause of the fatal explosion. The investigation is ongoing.

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

OSG's New Waiver & Its Impact on Maritime Workers' Rights

blog@www.maritimeaccidentattorney.com (news Author)15745 — Thu, 24 Jun 2010 08:00:00 EST

If you are a maritime worker then you are aware of the fact that you are at risk of being injured in an accident. Understand that if you are injured as a result of a maritime accident that your employer may not be on your side. Their goal is to protect themselves.

For instance, the tanker company OSG is requiring one of their employees to forgo his rights to file a Jones Act or unseaworthiness claim if he elects to participate in the company’s “Salary Continuation Plan.”

The waiver requires the employee to cooperate with OSG while obtaining medical care. They will be calling the shots. Again, the problem is that companies generally have their best interests in mind. This could pose a serious problem for the worker whose number one concern is getting proper treatment.

Also, the waiver requires the employee to give up his right to sue OSG for damages, if he participates in the company’s “Salary Continuation Plan,” unless the release is cancelled according to the conditions contained in the waiver.

Keep in mind that these waivers are prepared by knowledgeable attorneys retained by the company. You should never sign a waiver or a release without consulting your own maritime attorney first. Your future could depend on it.

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

Is Corexit 9500 the new Agent Orange?

blog@www.maritimeaccidentattorney.com (blog Author)34003 — Thu, 24 Jun 2010 08:00:00 EST

In the first two months of the Deepwater Horizon crisis, 407 complaints about oil exposure were reported to the American Association of Poison Control Centers. Over 100 complaints of so-called Oil Spill Syndrome were made in Louisiana, 78 of them coming from BP cleanup workers.

A spokesman for a medical facility near New Orleans said that 11 patients came to the ER since May 26 with reactions suspected to be from exposure to chemical dispersants used in the Gulf. Most of the patients stayed two to three days with symptoms including severe headaches, dizziness, shortness of breath and skin rashes.

The label for Corexit 9500, the dispersant sprayed by BP to break up the spill, has a warning to “avoid breathing vapor” and “wear suitable protective clothing” but workers were only provided a paper suit, said court documents. This exposure is complicated by the fact that workers have toiled in 110 degree heat indexes.

There have been several cases of behavior changes reported by cleanup workers, including depression.

Wednesday, a charter captain who had operated his boat under BP’s Vessels of Opportunity program took his own life with a gun shot.

Medical experts are concerned about the long term effects of chemical exposure. Will it cause kidney, lung and liver damage?

Just as the defoliant Agent Orange caused high numbers of cancer deaths among those exposed to it during the Vietnam War, will Corexit 9500 end up with the same skull and crossbones reputation years from now?

There have been 6,722 cases of upper respiratory illnesses believed to be caused from chemicals used in the Gulf of Alaska.

If you believe you are suffering from Oil Spill Syndrome and were inadequately provided with personal protective equipment (PPE), get medical attention immediately. Then consider seeking qualified offshore legal attention.

Fox News contributed to this report.

Let not the risks taken by the BP spill cleanup workers be ignored

blog@www.maritimeaccidentattorney.com (blog Author)34006 — Thu, 24 Jun 2010 08:00:00 EST

Who is protecting the interests of the cleanup workers and Vessels of Opportunity volunteers in the BP Deepwater Horizon crisis? These men and women are being exposed to the potentially debilitating effects of the chemical dispersant Corexit 9500 in 110 degree heat indexes. What kind of protection does a paper hazmat suit offer against a chemical that warns to “avoid breathing vapor” and “wear protective clothing?” What about those workers who say they were intimidated by BP to not wear masks because the company did not want that image to appear on the news? Or BP claiming that what they really meant was that workers could pay for and supply their own masks if they want? Isn’t that like the military charging soldiers for IED protection? And what about the politicians and media protesting against the government’s delay in using the dispersant when literally hundreds of workers have complained of serious breathing problems, headaches, dizziness and nausea? Who knows if a charter boat captain’s suicide Wednesday was triggered by chemical exposure.

Retired Navy SEAL Richard “Rogue Warrior” Marcinko’s definition of SEALs as “cannon fodder” applies to the cleanup workers. As much as attorneys may be regarded by some as strictly businessmen, the reality is that experienced offshore attorneys may be the best friends of those afflicted with oil spill syndrome.

2 BP oil spill responders dead

blog@www.maritimeaccidentattorney.com (news Author)15702 — Wed, 23 Jun 2010 08:00:00 EST

The Coast Guard reported Wednesday that two workers involved in the Gulf oil cleanup are dead. One of the deaths reportedly was a vessel captain killed from a shotgun blast and the fatalities were not job related. Further details were not available.

Did Transocean foreign flag away safety on Deepwater Horizon?

blog@www.maritimeaccidentattorney.com (blog Author)33961 — Wed, 23 Jun 2010 08:00:00 EST

By flagging the Deepwater Horizon platform under Marshall Islands registry, Transocean may have placed an oil drilling expert—instead of a licensed sea captain—in charge of the safety of nearly 130 lives.

"You had the guy who does the drilling plans able to make the call on safety," said John Konrad, a master mariner consulting with the rig’s survivors.

According to experts, such a chain of command would never have been allowed if the platform were U.S. flagged. Foreign flag registries such as Marshall Islands, Panama and Liberia are widely criticized for allowing minimal safety standards. Some of the workers who survived the April 20 explosion say that the foreign registry allowed understaffing and a complex chain of command that may have led to the deaths of 11 workers and injuries to 17 others.

In a Coast Guard and MMS hearing last month, Douglas H. Brown, chief mechanic on the platform, spoke of a “skirmish” in an 11:00 a.m. meeting between representatives of Transocean and BP on April 20. The argument centered over the decision by BP’s representative to remove drilling mud and replace it with seawater before temporarily sealing up the well.

Brown said Transocean’s crew leaders disagreed with the procedure but were overruled by the BP rep, who, according to Brown, said, “This is how it’s gonna be.” The BP rep reportedly had very limited deepwater experience and was said to be learning on the job.

Offshore drilling platforms are regarded as ships under international law. On a ship, the captain is in charge, period. Yet, why is a drilling man super ceding the authority of a licensed master?

Source: L.A. Times

President's six month drilling ban overturned

blog@www.maritimeaccidentattorney.com (news Author)15683 — Tue, 22 Jun 2010 08:00:00 EST

Administration vows an immediate appeal

The Obama Administration’s six-month moratorium on deepwater oil drilling was blocked by a federal judge on Tuesday.

In New Orleans, U.S. District Judge Martin sided with companies who had opposed the moratorium, saying that it was the wrong course of action to assume just because of the Deepwater Horizon event that all deepwater rigs pose a serious danger.

33 deepwater sites would be affected by the moratorium; there are 3,600 total platforms in the Gulf of Mexico.

Most of the companies requesting the motion to overturn the moratorium were involved in supplying offshore rigs.

Source: Associated Press

BP disaster teaches deadly lesson about importance of whistleblowing

blog@www.maritimeaccidentattorney.com (blog Author)33928 — Tue, 22 Jun 2010 08:00:00 EST

Several whistleblowers say they have faced retaliation for speaking out against BP on unsafe operations. Workers claim they have been fired for coming forward; “it was always understood that you could get fired if you raised safety concerns that might delay drilling,” said one source. CEO Tony Hayward told a congressional hearing last week that any worker can stop the drilling. One question that has not been answered is how far up the corporate ladder does an unsafe report go? Offshore operations normally have the name and contact information of a designated company person posted all over the facility to allow a worker to anonymously report unsafe conditions, harassment, etc. Employees are sometimes leery because they believe their identity could still be traced through the cell phone number they are calling from or email address they are using.

If you ever consider blowing the whistle on your employer, it requires courage to do the right thing and a sound plan of action to protect your interests. First, carefully document the unsafe conditions by writing down every detail and supporting with photo and video evidence. Keep a log of every pertinent conversation you have. In some situations you may want to consult with an experienced offshore attorney ahead of time but use your best judgment on this.

Leaking blowout preventer didn't stop BP, rig worker charges

blog@www.maritimeaccidentattorney.com (news Author)15652 — Mon, 21 Jun 2010 08:00:00 EST

In yet another example of profits over safety, a Deepwater Horizon worker says that BP continued production on the platform even after he reported that the blowout preventer (BOP) was leaking.

Tyrone Benton, who operated undersea robots, told the BBC that his cameras spotted a leak on a control pod of the BOP, which is designed to close off a well in case of a blowout.

“We informed the company men” weeks before the April 20 explosion, said Benton. But rather than stop the operation, BP and management teams decided to proceed solely with a backup system.

A University of Texas ocean drilling expert said BP’s decision was “unacceptable” and violated a standard practice of repairing the equipment.

Halting the operation would have cost BP $500,000 per day in leasing fees.

Source: CBS News

Stop playing politics about temporary barge skimming delay

blog@www.maritimeaccidentattorney.com (blog Author)33847 — Mon, 21 Jun 2010 08:00:00 EST

Oh, how the Coast Guard was pilloried by politicians and the media for making sure that oil skimming barges complied with safety regulations last week. It turns out the barges were tied up for a whopping 24 hours out of nearly 60 days of gushing oil. The USCG was doing its job to make sure that the barges had sufficient life jackets and fire extinguishers to comply with the Code of Federal Regulations (CFRs). Those regulations are in place to protect the lives of mariners, who once again get the short shrift when it comes to the environment. Imagine the fallout if one of the barge workers died in a barge fire and no extinguisher was on hand or fell over the side without a life vest available. No doubt the USCG would get pilloried for not enforcing federal safety regulations in the same way that the Minerals Management Service was blasted for not enforcing deepwater drilling.

BP turns away claims filers

blog@www.maritimeaccidentattorney.com (news Author)15624 — Sat, 19 Jun 2010 08:00:00 EST

Told they don’t have the “right paperwork”

Lawmakers say that BP has only paid out 12 percent of claims filed by businesses and workers who have lost their way of life from the Deepwater Horizon disaster.

At the BP claims center in Mobile, Alabama, workers were turned away for not having the correct paperwork which included bank statements, deposit slips and tax returns. One deckhand hasn’t received a check more than a month after he filed for relief and lost the family car; his wife must walk to work. A fishing captain who received $5,000 said that doesn’t come close to recouping the $40,000-plus loss in business.

Kenneth Feinberg was appointed this week by President Obama as a “pay czar” for the $20 billion escrow account and promised that claims would be processed much faster. He encouraged all those who have lost their livelihoods to file claims and promised to get people paid in “a matter of days.”

BP’s average payment has been $3,000.

Source: ABC News

Not a moment too soon: BP's Tony Heyward pushed aside

blog@www.maritimeaccidentattorney.com (blog Author)33765 — Sat, 19 Jun 2010 08:00:00 EST

Apparently BP PLC finally had enough of CEO Tony Heyward’s aloofness and foot-in-mouth propensity. The company late this week announced that he is being replaced as point man on the Deepwater Horizon crisis.

Robert Dudley, an American who has been with the company for a decade, will head up a new unit that will focus on the spill.

BP said that Heyward is still the CEO and remains in charge of the company’s operations, though one industry analyst said he is on “thin ice.”

Heyward has made a series of gaffes as BP’s front man including the infamous “I’d like to get my life back” comment on May 31. Early on, he seemed to relish his celebrity status by quoting Churchill and granting numerous interviews.

But the weeks of being a proverbial human punching bag appeared to have taken their toll on Heyward. At the outset, he was quick to point the finger of blame on rig owner Transocean. Thursday, he stonewalled a congressional committee by claiming ignorance regarding alleged reckless company procedures responsible for the platform explosion on April 20.

Source: New York Times

BP exec stonewalls congress

blog@www.maritimeaccidentattorney.com (news Author)15582 — Thu, 17 Jun 2010 08:00:00 EST

BP CEO Tony Heyward denied having any knowledge of countless problems that plagued the Deepwater Horizon platform before it exploded April 20.

“We drill hundreds of wells a year around the world,” Heyward said without emotion before a congressional hearing Thursday.

He was grilled thoroughly by congressmen concerning what and when he knew about his company’s alleged reckless procedures in the weeks leading up to the disaster which killed 11 workers and began the worst environmental event in U.S. history.

Though Heyward claimed he was not stonewalling the committee, the congressmen became more and more irate, convinced that he was doing just that.

“You cut corners to save time and money,” Rep. Bart Stupak of Michigan said. “BP blew it.”

Despite a myriad of incriminating company documents that were quoted from, Heyward steadfastly denied having the expertise or knowledge of the pre-explosion events.

Source: Associated Press

Still no evidence supporting BP's claimed third mystery pressure test

blog@www.maritimeaccidentattorney.com (blog Author)33617 — Thu, 17 Jun 2010 08:00:00 EST

Even BP admits that two negative pressure tests were performed aboard the Deepwater Horizon rig to check the safety of the Macondo well just hours before the explosion that killed 11 workers. By all accounts, both tests failed when 23 gallons and 15 gallons of drilling mud, respectively, returned back up the well. These were signs that dangerous gasses were pushing upward which meant it may have been unsafe to continue drilling. BP claims it conducted a third safety test that passed but seven weeks after the disaster the company still has no produced evidence to back up this claim. Thomas Haire, a Halliburton supervisor who helped conduct the two tests, believes that the third test never took place. Haire said that after the second test, he was told to leave the area and go on standby when the mystery test supposed took place.

Source: Mother Jones

Investigation Update for Deepwater Horizon Explosion

blog@www.maritimeaccidentattorney.com (blog Author)33549 — Wed, 16 Jun 2010 08:00:00 EST

The investigation continues into what caused the Deepwater Horizon explosion on April 21, 2010, killing 11 maritime workers and sending millions of gallons of crude oil into the Gulf. There are key questions being asked as to what caused this fatal and ecological disaster.

The first question deals with what caused the primary well to fail. Investigators are trying to determine whether the incident was caused by a poor well design. Other potential causes include the casing to the well, the cement around the well and the well head hanger seal assembly.

Either one of these issues or a combination could have been responsible for the accident. However, it is important to note the exact cause, as it has yet to be determined.

Investigators also want to know why the secondary well control was unable to stop the flow of well fluids. The blowout preventer is designed to stop the flow of well fluids in the event the primary well fails.

Function tests on the blowout preventer were required every seven days while pressure tests were required every 14 days. The last function test for the Deepwater Horizon took place on April 17 and the last pressure test occurred on April 20, one day before the catastrophe.

Nearly 200 lawsuits against BP

blog@www.maritimeaccidentattorney.com (news Author)15519 — Tue, 15 Jun 2010 08:00:00 EST

The count of lawsuits filed by U.S. attorneys against BP PLC in the Deepwater Horizon disaster is almost 200, says the New York Times. The largest of the suits are on behalf of the 11 workers killed in the April 20 explosion. Fishermen and tourist operators are other groups that have taken legal action. Some lawyers have resorted to advertising for clients.

What?! BP controlling restricted airspace over Gulf?

blog@www.maritimeaccidentattorney.com (blog Author)33472 — Tue, 15 Jun 2010 08:00:00 EST

Why is BP given the authority to determine who can fly over restricted airspace in the Gulf of Mexico? And why are they answering the phone at a government command center?

According to a New York Times report, when a local flying charter service called the Coast Guard-FAA command center for permission to take a Times-Picayune photographer up for pictures of the spill, a BP contractor denied the request.

The owner of the charter service said that the contractor asked extensive questions about who was on the aircraft. When told it was media, the immediate answer was “not allowed.”

BP and government officials refer to instances of denying media access as “anomalies.”

It turns out that the command center is in a building owned by BP.

CBS News reported that last month one of its news crew was threatened with arrest for trying to film on a public beach.

Source: New York Times

Latest information on Oil Spill Syndrome

blog@www.maritimeaccidentattorney.com (blog Author)33478 — Tue, 15 Jun 2010 08:00:00 EST

If you’ve been suffering from health problems you believe are related to your work in the BP spill cleanup, there’s a good website to check out on Oil Spill Syndrome (OSS). Some of the most useful information comes from over 20 years of data about the effects of the Exxon Valdez cleanup as well as other spills. There have been 6,722 cases of upper respiratory illnesses believed to be caused from chemicals used in the Gulf of Alaska.

Much like the China Syndrome became synonymous with Three Mile Island, Oil Spill Syndrome comes to mind when describing the debilitating effects of the BP oil spill upon cleanup crews.

The symptoms of OSS include nausea, shortness of breath, rashes, headaches and chest pains. They are caused by exposure to oil and toxic dispersants used to break up oil spills such as the one in the Gulf of Mexico.

If you’ve been involved in the BP cleanup and believe you may have the symptoms of OSS, consider seeing an experienced offshore law firm immediately.

BP containment box drifts onto Panama City beach

blog@www.maritimeaccidentattorney.com (news Author)15505 — Mon, 14 Jun 2010 08:00:00 EST

A containment box with the markings of BP and “Horizon” was discovered by a Bay County Sheriff Deputy while making his rounds on a Panama City, FL beach Saturday morning. The 550 gallon box measured seven feet tall and weighed an estimated 5,000 pounds. It was transported to a Louisiana facility for inspection. The area of the beach where the box was found was closed.

BP email: 'Nightmare well' will 'probably be fine'

blog@www.maritimeaccidentattorney.com (news Author)15507 — Mon, 14 Jun 2010 08:00:00 EST

A BP engineer called the Deepwater Horizon oil platform a “nightmare well” in company documents released Monday by the House Energy and Commerce Committee.

Brian Morel made the remarks in an April 14 email just six days before the rig exploded and killed 11 workers.

“We could be running it in 2-3 days, so need a relative quick response…this has been a nightmare well,” wrote Morel about ongoing delays and cost overruns to the drilling project.

The documents were released in advance of a subcommittee hearing on Thursday in which BP CEO Tony Heyward will face tough questions about the disaster.

Another company official wrote “who cares, it’s done, end of story, will probably be fine,” in an April 16 email.

The documents indicate that the company apparently decided to go against Halliburton’s recommendations to cement the well.

Read more.

Source: Associated Press

"I'm p---ed," says a La. local about the BP spill

blog@www.maritimeaccidentattorney.com (blog Author)33423 — Mon, 14 Jun 2010 08:00:00 EST

"I’m pissed – and you can print that,” said Donna Hollis about the damage being done to Barataria Bay in her native Louisiana from the BP oil disaster. This estuary that serves as a home to bald eagles, alligators and welcomes Central and South American migratory birds is regarded as ground zero in the Deepwater Horizon’s destructive zone.

The Bay’s marshes are being coated with oil and threaten to be wiped out along with the fishing and crabbing industries. Though 2,450 barrels of oily water have been skimmed there, only 10 percent of oily water is actually oil.

Source: Associated Press

BP gusher may surpass one Exxon Valdez spill each week

blog@www.maritimeaccidentattorney.com (news Author)15461 — Fri, 11 Jun 2010 08:00:00 EST

The latest government estimates indicate that as much as 2.1 million gallons of oil is pouring into the Gulf of Mexico per day which is double the previous estimate. At that rate it would take less than six days to surpass one 11 million gallon Exxon Valdez spill, which was the previous record in U.S. history. Under various estimates between 42 million and 100 million gallons of oil have poured into the sea. The record for an oil spill was 140 million gallons from the Ixtoc platform off of Mexico in 1979. 11 workers were killed aboard the BP Deepwater Horizon platform April 20 to begin this human and environmental tragedy. Thursday, President Obama met with the families of 10 of those workers. More than 6,000 federal and state lawsuits have been filed against BP and other companies involved in the situation.

Source: New York Daily News

Deepwater Horizon family speaks about their loss

blog@www.maritimeaccidentattorney.com (news Author)15462 — Fri, 11 Jun 2010 08:00:00 EST

CNN spoke with the father and brother of 28-year-old Gordon Jones, who was killed in the April 20 Deepwater Horizon explosion. Jones left behind wife Michelle, young son Stafford and a new baby boy who was born after he died.

Watch the interview here.

BP hassling the press?

blog@www.maritimeaccidentattorney.com (blog Author)33267 — Fri, 11 Jun 2010 08:00:00 EST

An ABC News reporter said he is being repeatedly questioned by BP officials while trying to gather information on the cleanup of the Gulf beaches. While having a conversation with World News Tonight, reporter Matt Gutman was hassled and questioned as to what he was doing on the beach, even though the company has said that any of its cleanup workers were allowed to express their views. Gutman said it is “extremely frustrating” to report on the story when officials constantly interfere with the information gathering process.

Watch the story here.

Better late then never? President meets with Deepwater Horizon families

blog@www.maritimeaccidentattorney.com (blog Author)33268 — Fri, 11 Jun 2010 08:00:00 EST

The families of victims of the Deepwater Horizon disaster overcame their grief and unhappiness with delayed government action to push for improved offshore safety regulations at a White House meeting Thursday.

10 of the 11 families met with President Obama in private meetings. While they were grateful that he made time to express his condolences, some members separately expressed disappointment that it took him nearly two months to do so. Some of them also criticized his decision to place a six-month moratorium on deepwater offshore drilling.

Weeks ago, we wondered here why the President did not display the same personal touch that he did in the West Virginia mining disaster.

Source: Houston Chronicle

Transocean Worker Who Was Killed Had Concerns Over BP Safety Standards

blog@www.maritimeaccidentattorney.com (news Author)15420 — Wed, 09 Jun 2010 08:00:00 EST

Eleven maritime workers lost their lives when the Gulf Coast oil rig Deepwater Horizon exploded sending millions of gallons of crude oil into the Gulf of Mexico. The untimely accident left dozens of other workers injured and is poised to be the biggest environmental disaster in the United States.

One of the victims, Transocean toolpusher Jason Anderson, had expressed deep concerns to his wife over the safety standards being practiced by BP aboard the oil rig. Anderson’s wife, Shelley, said that her husband was so worried about a potential disaster that he spent his last trip home preparing his will in case something happened to him.

She even indicated that prior to the fatal explosion he called her from the Deepwater Horizon to express his growing fears.

Following the incident, Transocean CEO Steven Newman spent time in the Anderson home to assure Anderson’s wife that Transocean would take care of her family. However, prior to the family having time to say goodbye to Anderson through a memorial service, Transocean filed papers in a federal court to limit their liability. The effort was made to limit Transocean’s liability and how much they would be required to payout to the victim’s families, such as the Andersons.

Unfortunately, this practice is sometimes a way for corporations to skirt their responsibilities to victims. We extend our deepest condolences to all the victim’s families.

We encourage folks to get involved with Gulf wildlife relief

blog@www.maritimeaccidentattorney.com (blog Author)33176 — Wed, 09 Jun 2010 08:00:00 EST

While BP has publicly stated that it will cover all of the Deepwater Horizon spill damages, a number of committed organizations have been manning the environmental frontlines since the earliest days of the disaster.

These organizations rely on donations and volunteers to rescue and treat oil soaked wildlife. Click on the following organizations to see how you can help the cause.

-Coalition to Restore Coastal Louisiana handles animal recovery, photographing and monitoring oil movements and supplies boats and drivers.

-Defenders of Wildlife is an advocacy foundation wanting to motivate the public to help stop another Deewater Horizon-type disaster.

-Emerald CoastKeeper organizes volunteers to assist in the clean-up.

-Greenpeace USA defends the seas and environment from pollution and poaching.

-Louisiana Wildlife Rehabilitation Association has worked to protect the state’s coastal ecosystem.

-Oxfam International mobilizes local communities prepare for the environmental worst.

-Wildlife Sanctuary of Northwest Florida cares for orphaned and injured wildlife.

Underwater plumes found 142 miles from BP well site

blog@www.maritimeaccidentattorney.com (news Author)15410 — Tue, 08 Jun 2010 08:00:00 EST

After six weeks of denials, understatements and dramatically incorrect data about the Deepwater Horizon gusher and its containment efforts, BP appears to have backed off from challenging the information given by independent experts.

After questioning the validity of reports that oil plumes had formed well below the Gulf of Mexico surface, the company is silent on a NOAA report that confirms a plume 3,300 feet under the surface located 142 miles southeast of the gushing wellhead. Another plume is reported to be 42 miles northeast of the well.

Source: Associated Press

U.S. media has forgotten those killed on the BP Deepwater Horizon rig

blog@www.maritimeaccidentattorney.com (blog Author)33098 — Tue, 08 Jun 2010 08:00:00 EST

Foreign coverage stronger at showing the human element

There’s no shortage of the heartbreaking images of oil soaked pelicans on the Gulf Coast but as in almost every offshore tragedy (except the Titanic) the human lives lost are left to the archived obituaries and forgotten by American media.

Widows and families of the 11 workers killed on the April 20 explosion have called out for the sacrifices of their loved ones not to be in vain.

Leave it to the foreign media outlets to put human faces to the tragedy instead of concentrating primarily on the environmental aspects.

The Guardian, one of the UK’s leading publications, has a touching story this week on the trials and tribulations faced by the surviving families. Perhaps the hardest thing to deal with, said one of the widows, was trying to tell her three-year-old son that his father will never come home again.

Read more.

Source: Guardian

BP Deepwater Horizon victims speak from beyond the grave

blog@www.maritimeaccidentattorney.com (news Author)15389 — Mon, 07 Jun 2010 08:00:00 EST

The widows of two of the men killed in the April 20 BP Deepwater Horizon explosion told a Congressional committee that their husbands had pride in their jobs even while being worried about warning signs on the rig in the weeks before the disaster.

Natalie Roshto and Courtney Kemp said that their respective husbands Shane and Roy had expressed worry about all of the mud that was being lost and numerous other problems that pressured them to produce oil more quickly.

The women said that better enforcement of existing laws is needed instead of creating more laws. They also supported repealing the 90-year-old Death on the High Seas Act which limits wrongful death liability more than three miles offshore.

Nine other workers died in the platform explosion.

Source: Associated Press

Congressmen want to kill Death on the High Seas Act

blog@www.maritimeaccidentattorney.com (news Author)15390 — Mon, 07 Jun 2010 08:00:00 EST

A group of Congressmen wants to repeal a 1920 law that caps the amount of damages victims’ families can recover from the BP Deepwater Horizon explosion.

The Death on the High Seas Act limits liability for wrongful deaths over three miles offshore.

Rep. Charles Melancon said the law was “egregious” and Rep. Edward Markey said Congress was obligated to repeal it so that BP can fairly compensate the families of the 11 workers killed in the April 20 disaster.

Both representatives made their remarks Monday in a House Energy and Commerce Committee meeting. Natalie Roshto and Courtney Kemp, widows of two of the men killed, told the committee that their husbands had pride in their jobs even while being worried about warning signs on the rig in the weeks before the disaster.

Source: Associated Press

Transocean Oil Worker Expressed Safety Concerns About BP Before Explosion Claimed His Life

blog@www.maritimeaccidentattorney.com (blog Author)32966 — Mon, 07 Jun 2010 08:00:00 EST

The Deepwater Horizon exploded on April 20, 2010, killing 11 maritime workers and leaving several others seriously injured. One of the eleven men that perished in the initial explosion had expressed concerns about the safety practices onboard the ill-fated oil rig prior to the incident.

Jason Anderson was employed by Transocean and worked onboard the Deepwater Horizon as a toolpusher. However, he expressed serious concerns to his wife, Shelley, about BP’s safety practices onboard the oil rig.

According to his wife, Anderson was so concerned about the possibility of a serious accident occurring that he spent his last trip home putting his affairs in order. Anderson even spent time preparing a will in case something happened to him while onboard the oil rig. He discussed his hopes for his two children.

Shelley also indicated that her husband seemed clearly worried the last few times she spoke with him while he was on the Deepwater Horizon.

Following the disaster, Transocean CEO Steven Newman visited Anderson’s wife and told her that the Transocean would make sure that her and her family would be taken care of. However, even before the family could say goodbye and hold a memorial service, Transocean went to court in an attempt to limit their liability.

Houston judge ready to handle lawsuits

blog@www.maritimeaccidentattorney.com (blog Author)32891 — Sat, 05 Jun 2010 08:00:00 EST

U.S. District Judge Lynn Hughes says he’s ready, willing and able to hear Deepwater Horizon-related lawsuits in his Houston courtroom.

Unlike several New Orleans judges who recused themselves due to financial holdings in BP and other companies connected with the platform disaster, Hughes said he has no conflict of interest and has posted his financial holdings on his court website.

BP attorneys had previously requested Hughes by name to deal with all pre-trial aspects of the federal claims. At least one of the plaintiffs’ lawyers is on the record as supporting the choice of Hughes.

Houston attorney Brian Beckcom of Vujasinovic and Beckcom PLCC supports the cases being heard in Harris County, Texas because “the courts (here) have great experience in sorting through complex offshore law.” In Houston the cases would be heard in Beckcom’s backyard as the U.S. District Courthouse is literally a few minutes walk from his office.

Source: Houston Chronicle

Houston judge ready to handle lawsuits

blog@www.maritimeaccidentattorney.com (blog Author)32892 — Sat, 05 Jun 2010 08:00:00 EST

Wife of sick fisherman speaks out

blog@www.maritimeaccidentattorney.com (news Author)15346 — Fri, 04 Jun 2010 08:00:00 EST

Kindra Arnesen is afraid her husband will lose his job now that she is speaking out on how the Gulf oil spill has made him sick.

CNN aired her story this week. She said that David and the shrimpers on seven other boats in the Gulf came down with severe nausea and breathing problems on the night of April 29, one week after the Deepwater Horizon sank.

Arnesen kept silent for several weeks because her husband and other fishermen signed contracts with BP as part of the cleanup and she feared repercussions. But she couldn’t take it anymore and is encouraging others to speak out as well. Weeks later, her husband still has weakness and trouble breathing.

One of her biggest goals is to convince BP to provide masks to the workers but they claim the air is safe. In fact, CEO Tony Hayward said that food poisoning is a possible cause of the illness.

Watch the interview here.

BP won't blow up well 'cause they don't want to blow up profits?

blog@www.maritimeaccidentattorney.com (blog Author)32833 — Fri, 04 Jun 2010 08:00:00 EST

A Business Insider.com columnist makes an interesting case that BP could blow up the Deepwater Horizon well—but won’t—because they still plan to make a lot of money off of it.

Megan McArdle cites information (admittedly secondhand) from an industry expert supporting blowing up the well because it’s been done successfully before. McArdle speculates that the reason BP won’t consider this is because once it’s done the well can never be tapped again. Therefore, BP has a lot to lose.

She advocates for the federal government to step in and blow it up but isn’t certain whether they have the expertise to do so. They could, she argues, hire experts from another oil company.

BP CEO sorry for saying "I'd like my life back"

blog@www.maritimeaccidentattorney.com (blog Author)32729 — Thu, 03 Jun 2010 08:00:00 EST

The Deepwater Horizon victims and their families will never get their lives back but BP CEO Tony Hayward is obviously more concerned with his own.

“There’s no one who wants this thing over more than I do, I’d like my life back,” he told NBC News on Sunday.

Now after getting excoriated in the media for those remarks, he says he’s sorry, calling his remarks “hurtful and thoughtless.”

His apology does little to comfort the families of the 11 workers who were killed in the April 20 explosion on the platform.

Source: Yahoo News

Back and neck injuries are wild cards in the OSG Salary Continuation Plan

blog@www.maritimeaccidentattorney.com (blog Author)32731 — Thu, 03 Jun 2010 08:00:00 EST

If you’re a mariner and your employer asks you to sign a waiver to keep you from suing them in exchange for a temporary raise, there’s something very important to keep in mind.

Back and neck injuries can often begin as dormant volcanoes without producing debilitating pain until months later. If OSG and other companies have their way, you will be SOL—shot out of luck—without recourse to receive adequate medical treatment after they convinced you to take a temporary raise instead.

OSG, the tanker company, is part of an industry-wide effort to convince seafarers to sign away their Jones Act rights. Under their “Salary Continuation Plan,” the company would give a 50 percent increase in base wages and union benefits for two months in exchange for waiving all future rights to sue for medical compensation.

Read more in our story Shipping companies trying to buyout seamen’s Jones Act rights.

See the OSG Salary Continuation Plan here.

So if you injure your back and neck and don’t feel too bad at first, remember that if three months later the pain becomes debilitating, your shipping company will say, “Tough Luck. You signed away your right to do anything about it.”

Before you sign a salary continuation plan, or even if you already have signed one, consult with an experienced maritime law firm to see where you stand.

You'll be hearing a lot more about Oil Spill Syndrome

blog@www.maritimeaccidentattorney.com (blog Author)32733 — Thu, 03 Jun 2010 08:00:00 EST

Much like the China Syndrome became synonymous with Three Mile Island, Oil Spill Syndrome (OSS) comes to mind when describing the debilitating effects of the BP oil spill upon cleanup crews.

The symptoms of OSS include nausea, shortness of breath, rashes, headaches and chest pains.They are caused by exposure to oil and toxic dispersants used to break up oil spills such as the one in the Gulf of Mexico.

Already nine cleanup workers have been hospitalized with OSS while BP allegedly forbids crews to wear protective masks and only provides paper hazmat suits for protection.

Even BP and Deepwater Horizon websites reveal that 32 air samples taken from where the responders are working show the presence of butoxyethanol, which is classified as toxic by the EPA and is a component of the Corexit being dispersed by BP to break up the spill.

If you’ve been involved in the BP cleanup and believe you may have the symptoms of OSS, consider seeing an experienced offshore law firm immediately.

Transocean promises CEO makes promises to families - will he keep them

blog@www.maritimeaccidentattorney.com (blog Author)32814 — Thu, 03 Jun 2010 08:00:00 EST

According to the widow of Jason Anderson, a toolpusher killed on the Deepwater Horizon, after Jason was killed the CEO of Transocean came to her house and promised to take care of her family.

At basically the same time, of course, Transocean was filing legal papers in Houston federal court denying negligence or responsibility and asking the Court to limit its legal exposure to the families and crewmembers of the Deepwater Horizon as well as everyone else effected by the rig disaster.

This kind of makes you wonder.....Did Transocean's CEO make similar "house calls" to other family members of deceased workers, or to injured crewmembers as well? And it makes you wonder whether Transocean is really serious about living up to its legal and moral obligations to the crewmembers of the Deepwater Horizon.

What do you think?

Oil slick closing in on Florida beaches

blog@www.maritimeaccidentattorney.com (news Author)15307 — Wed, 02 Jun 2010 08:00:00 EST

An oil sheen has moved to within nine miles of Pensacola’s white beaches and could reach shore within a day.

Booms were being spread Tuesday to protect Florida from being the fourth state to be ravaged from the BP Deepwater Horizon gusher which is pouring up to one million gallons of oil per day. Already, Mississippi and Alabama shores have been contaminated and 125 miles of Louisiana fouled from the oil which threatens to jet around the Keys and up the East Coast.

The Justice Department announced it will conduct a probe into the worst environmental disaster in U.S. history and prosecute those found to be criminally responsible.

BP said it may be at least August before intervention wells being drilled will stop the gusher. Until then, the company is deploying underwater robots to cut and cap the riser pipe nearly a mile under the sea. That procedure could actually increase the flow by 20 percent until the procedure is completed over several days.

Source: Yahoo News

BP threatens retribution on cleanup workers, locals say

blog@www.maritimeaccidentattorney.com (blog Author)32670 — Wed, 02 Jun 2010 08:00:00 EST

BP PLC has threatened to fire any of its workers hired in the oil cleanup if they wear a mask to protect them against toxic fumes, said the current and former heads of the Louisiana Shrimpers Association.

BP spokespersons deny the charge yet admit they are not providing respirators because the data indicates safe air. Even though nine workers have been hospitalized, CEO Tony Hayward blames their condition on potential “food poisoning.”

One of those hospitalized filed a restraining order against the company for allegedly harassing workers who spoke out against the failure to provide adequate personal protective equipment. It is alleged that BP does not want the bad PR of masked responders being shown on TV.

The label for Corexit 9500, the dispersant sprayed by BP to break up the spill, has a warning to “avoid breathing vapor” and “wear suitable protective clothing” but workers were only provided a paper suit, said court documents.

Even though the Environmental Protective Agency says the air quality over the Gulf is safe, the agency said the same thing after 9/11. That information was later proven to be wrong as many first responders died and others continue to suffer respiratory ailments.

If you’re a cleanup worker experiencing symptoms you believe may be caused by the toxic air, seek experienced offshore legal counsel immediately.

Shipping companies trying to buyout seamen's Jones Act rights

blog@www.maritimeaccidentattorney.com (blog Author)32672 — Wed, 02 Jun 2010 08:00:00 EST

Seaman need to beware of industry efforts to get them to sign away their Jones Act protection in exchange for a temporary raise.

We have received documents from a mariner about tanker company OSG’s “Salary Continuation Plan” in which the company would give them a 50 percent increase in base wages and union benefits for two months. In exchange, the workers would sign a release from having surgery unless they get a second medical opinion. If there is a conflict between both opinions then a third opinion must be sought. If he or she is found fit for duty within two months then there shall be no additional compensation. If found unfit for duty, the seaman can elect to either continue receiving 50 percent of wages until declared fit but waive all future rights to sue, or, receive no additional payment while retaining the right to sue.

According to the release if the worker is declared permanently unfit then the release is void. If the seaman challenges the validity of the release then they are responsible for the company’s attorney’s fees if the release is upheld.

See the OSG Salary Continuation Plan here.

OSG Attempts to get Seaman to Release "Jones Act" Rights

blog@www.maritimeaccidentattorney.com (blog Author)32709 — Wed, 02 Jun 2010 08:00:00 EST

Many maritime companies are now making attempts to get their seamen to sign arbitration agreements, releasing workers of their rights to file a Jones Act or unseaworthiness suit in exchange of advancing wages. One such company is OSG.

According to a recent report, OSG is requiring a maritime employee to forgo his rights to file a Jones Act or unseaworthiness claim if he elects to participate in the company’s “Salary Continuation Plan.”

The unidentified employee claimed that under the plan, OSG agreed to pay him half of his base wage for 2 months, which includes all union benefits. However, in return, the seaman had to agree that he would not have any surgery without a second opinion. If there was a dispute between the two opinions, then the situation would require a third opinion.

Additionally, if the worker became fit for duty within the two month period, then OSG would continue paying half of his wages until he was fit for duty. At this point, the worker would waive all further rights to file a Jones Act suit. However, OSG could elect to stop paying his wages, which would allow him to pursue a claim.

The concern is if the employee challenges the validity of the release and loses he might be liable for OSG’s legal fees.

BP well caved in weeks before explosion

blog@www.maritimeaccidentattorney.com (news Author)15289 — Tue, 01 Jun 2010 08:00:00 EST

E-mails released by the government Monday reveal that BP PLC was having serious problems with its well in the Gulf of Mexico six weeks before the Deepwater Horizon platform explosion.

One of those e-mails sent from a company executive to the Minerals Management Service (MMS) dated March 10 indicated that there was a “well control situation” involving a stuck pipe in Mississippi Canyon Block 252. Steps were being taken to cut the pipe, plug the hole and bypass the well.

Bloomberg reports that e-mails showed that there had been a cave in onto the drill equipment.

On March 11, the MMS granted verbal approval for BP to install a cement plug approximately 750 feet above the well bottom, which was shallower than the normal plugging depth.

The e-mails were released by the House Energy and Commerce Committee which is investigating the disaster. The April 20 explosion killed 11 workers and resulted in the biggest environmental disaster in U.S. history.

Beware of Gulf oil employment scams

blog@www.maritimeaccidentattorney.com (news Author)15291 — Tue, 01 Jun 2010 08:00:00 EST

BP PLC claims there are scammers offering job training and placement in the name of the company—for a fee. A company spokesperson says that BP does not charge for training and hiring and that those affected by the Gulf oil spill need to be aware that they may be the targets of fraudulent job opportunists.

BP rig decision maker was learning on the job

blog@www.maritimeaccidentattorney.com (news Author)15269 — Mon, 31 May 2010 08:00:00 EST

A Wall Street Journal report says that a BP manager who made key decisions in the hours prior to the Deepwater Horizon explosion told investigators that he was there to “learn about deep water” and had limited offshore experience.

The report says that on the morning of the explosion, a heated argument broke out between the manager and representatives of Transocean, the platform owner. The disagreement centered around the decision by BP’s representative to remove drilling mud and replace it with seawater before temporarily sealing up the well.

Transocean’s crew leaders reportedly disagreed with the procedure but were overruled by the BP rep, who, according to the chief mechanic said, “This is how it’s gonna be.”

The BP rep’s name was not given; he was identified as a “company man.”

The person listed on BP’s documents as its company man was David Vidrine, who was unavailable for comment. He was to have testified Thursday but cancelled due to an unknown “medical issue.”

Transocean says "our insurance company made us do it"

blog@www.maritimeaccidentattorney.com (blog Author)32518 — Mon, 31 May 2010 08:00:00 EST

Rachel Clingman, Transocean's lead lawyer in the Deepwater Horizon explosion, testified to Congress that the reason Transocean filed the legal papers to limit its exposure to 26.7M was because its insurance carriers forced them to file the petition.

I find this explanation highly dubious for a couple of reasons.

First, generally, insurance companies cannot force their insureds to take legal positions which the insured believes in inappropriate or improper, i.e., the insured (in this case Transocean) has much more influence on the litigation process than Ms. Clingman implies.

Second, and perhaps more important, involves the matter of timing. There was no legitimate reason that I can see for Transocean to file its Limitation of Liability Proceeding so quickly after the Deepwater Horizon explosion. The reason Transocean filed the petition so quickly has absolutely nothing to do with the insurance companies forcing it do file and everything to do with Transocean limiting its own liabilty and seeking the best venue for the lawsuits.

Ms. Clingman is a very talented lawyer. My firm tried a wrongful death case against her for 3 weeks a few years back and she fought us on every front.

I anticipate that with Ms. Clingman taking the lead on the Transocean Deepwater Horizon litigation that folks with legal claims against the company will be in for a long, expensive, hard-fought battle.

BP buses in actors for President's Gulf beach backdrop

blog@www.maritimeaccidentattorney.com (blog Author)32523 — Mon, 31 May 2010 08:00:00 EST

Well, technically the hundreds of temps brought in to Grand Isle, Louisiana late last week were workers tabbed to assist in the oil cleanup. However, they were really just pawns in the dog and pony show designed to make BP look like it had a handle on the disaster during President Obama’s visit. They were paid $12 an hour to serve as PR props just like the extras on a Hollywood set. According to Jefferson Parish Councilman Chris Roberts, as soon as Obama left, the temps were immediately bused away. Area media reported that the locals were “infuriated” at what was deemed as nothing more than a “photo op” before the news crews.

BP disputes existence of underwater oil plumes

blog@www.maritimeaccidentattorney.com (blog Author)32525 — Mon, 31 May 2010 08:00:00 EST

The Watergate strategy of denial and obstruction always backfires so why does BP continue to follow that playbook in the Deepwater Horizon disaster? And rather than learn from their self-inflicted wounds they continue to dig an ever-deepening PR hole. Their latest attempt to downplay the story is to deny scientists' claims of enormous plumes of oil deep in the Gulf of Mexico from the gushing wellhead.

“The oil is on the surface. There aren’t any plumes,” said BP CEO Tony Heyward.

Scientists from a number of universities say the evidence blows his statement out of the water. They cite evidence of several plumes, one of which is 22 miles by six miles and over a thousand feet deep.

According to Heyward, that’s impossible because oil is lighter than water and always floats on the surface. However, scientists say that the use of chemical dispersants to break up the spill may actually have reduced the buoyancy of the oil and hold it well below the surface.

This is the latest example of the company disputing scientific evidence of the enormous magnitude of the unfolding environmental disaster. Early on the company stubbornly stuck to the estimate of 5,000 barrels of oil gushing per day despite all independent evidence proving the rate was several times that amount.

The company also claimed that the hundreds of temp cleanup workers bused in for the day Friday during President Obama's visit to Grand Isle, Louisiana, was not just a publicity stunt.

Source: Associated Press

Criminal violations for Transocean and BP?

blog@www.maritimeaccidentattorney.com (blog Author)32500 — Sun, 30 May 2010 08:00:00 EST

Various news sources are reporting that the problems leading up to the Deepwater Horizon explosion may result in criminal prosecutions.

Douglas Brown, a senior mechanic on the rig, testified to Congress that the rig was weeks behind scheduled preventative maintenance because Transocean was cutting back on manpower.

Brown also substantiates the story Mike Williams told on 60 Minutes about the BP manager overruling the Transocean OIM, toolpusher, and driller regarding the cementing procedure.

So the finger pointing continues almost two months after the rig explosion and now news sources are saying criminal charges may happen as well.

If I were a high-level supervisor on the Deepwater Horizon, I would consider protecting myself immediately by hiring a competent maritime lawyer who was independent from the company so my rights weren't trampled or compromised by all the finger-pointing that has occurred.

Father of Deepwater Horizon victim tells story before Congress

blog@www.maritimeaccidentattorney.com (blog Author)32435 — Fri, 28 May 2010 08:00:00 EST

The father of a worker killed in the April 20 Deepwater Horizon explosion gave his moving testimony to a House Judiciary committee Thursday.

Keith Jones was joined by survivors and company representatives while he expressed a mixture of heartfelt remembrances of youngest son Gordon and righteous anger at his child’s death. A picture was displayed at the televised hearing of Gordon holding his oldest son Stafford at birth and another of Maxwell, a baby boy born two weeks after his death. Keith Jones, a trial lawyer by trade, said it was necessary that the companies responsible for the tragedy be “exposed to pain in the only place they can feel it—their bank accounts," because existing law does not require companies to provide fair compensation for their workers.

Steven Stone, a Deepwater Horizon survivor, said he felt like a criminal after Transocean required him to take a drug test immediately after escaping with his life.

Ruining the human element of the hearing was the tone of the company officials, who again resorted to pointing the finger of blame and denial of responsibility. The Haliburton counsel blamed Transocean. Transocean cited liability on a limited basis and Cameron argued that it should not be held accountable despite its failed blowout preventers.

See the testimony here.

Where is BP's "company man"?

blog@www.maritimeaccidentattorney.com (blog Author)32436 — Fri, 28 May 2010 08:00:00 EST

The chain of events leading to the explosion of the Deepwater Horizon platform goes back quite some time. The “cozy relationship” described by Interior Secretary Ken Salazar between government inspectors and rig companies was part of a culture of corruption dating back months if not years. But perhaps the single most important event took place just a few hours before the April 20 explosion.

In a Coast Guard and MMS hearing this week, Douglas H. Brown, chief mechanic on the platform, spoke of a “skirmish” in an 11:00 a.m. meeting between representatives of Transocean and BP. The argument centered over the decision by BP’s representative to remove drilling mud and replace it with seawater before temporarily sealing up the well.

Brown said Transocean’s crew leaders disagreed with the procedure but were overruled by the BP rep, who, according to Brown, said, “This is how it’s gonna be.”

The BP rep’s name was not given; he was identified as a “company man.”

The person listed on BP’s documents as its company man was David Vidrine, who was unavailable for comment. He was to have testified Thursday but cancelled due to an unknown “medical issue.”

Because BP is circling the wagons and protecting Mr. Vidrine from saying anything that might incriminate himself or the company, it remains to be seen if he was acting on his sole authority to replace the drilling mud with seawater or if he was carrying out corporate orders to speed up the process at the expense of a safe operation.

Less than 12 hours after the argument, the rig exploded.

Excellent summary of BP's Deepwater Horizon chain of events

blog@www.maritimeaccidentattorney.com (blog Author)32437 — Fri, 28 May 2010 08:00:00 EST

A Wall Street Journal report gives a concise account of the complex sequence of events behind the Deepwater Horizon explosion. The story highlights some of the critical decisions made by BP such as its “unusual” decision to go with a single pipe design instead of including a typical second pipe and its refusal to conduct a procedure that may have indicated the presence of gas build up inside the well. Workers are quoted as saying in the report that they felt the company was rushing through the final stages to wrap up what had been a project plagued with excessive delays costing tens of millions of dollars.

Deepwater Horizon now officially biggest oil spill in U.S. history

blog@www.maritimeaccidentattorney.com (news Author)15204 — Thu, 27 May 2010 08:00:00 EST

Scientists say even the most conservative estimates of the flow rate indicate that the Deepwater Horizon oil gusher has passed the Exxon Valdez spill as the largest in American history.

Two separate teams of scientists determined that the spill was gushing between 500,000 and over 1 million gallons of crude per day. Under the lower figure, almost 19 million gallons have poured into the Gulf of Mexico since the platform exploded April 20. Under the higher figure, the amount is close to 39 million gallons.

The 1989 Exxon Valdez spill was formerly the largest in U.S. history at 11 million gallons of oil

Souorce: Yahoo News

Fund established for families of Deepwater Horizon victims

blog@www.maritimeaccidentattorney.com (news Author)15205 — Thu, 27 May 2010 08:00:00 EST

The Deepwater Horizon Memorial Fund has been established to assist the victims’ families. Contributions may be made at www.deepwaterhorizoncondolences.com/donate.asp

These are the workers who perished in the April 20 platform explosion the Gulf of Mexico:

Jason Anderson, Dale Burkeen, Donald Clark, Steven Curtis, Gordon Jones, Wyatt Kemp, Karl Kleppinger, Blair Manuel, Dewey Revette, Shane Roshto, Adam Weise.

Coast Guard grounds BP "Vessels of Opportunity" program

blog@www.maritimeaccidentattorney.com (blog Author)32376 — Thu, 27 May 2010 08:00:00 EST

Sometimes trying to do the right thing carries a price. Take those folks trying to help out in the Gulf.

After several fishermen have become ill while trying to assist in the BP oil spill cleanup, the Coast Guard ordered all 125 of their boats to come back to shore Wednesday. Crew members on three of the boats reported symptoms including chest pains, debilitating headaches, dizziness and nausea from the chemical dispersants being used to break up the spill as well as from the toxic oil fumes themselves.

Four persons were sent to the hospital, one of them by air transport. The fishermen were participating in BP’s “Vessels of Opportunity” program which has come under fire for its four hour safety training course and for allegedly failing to provide fishermen with any personal protective equipment (PPE). Read more about the vessels of opportunity program here.

If you have become ill participating in the vessels of opportunity program and believe you were improperly trained or not provided with sufficient PPE, consider contacting an experienced offshore law firm.

Deepwater Horizon memorial held. Where was the President?

blog@www.maritimeaccidentattorney.com (blog Author)32254 — Wed, 26 May 2010 08:00:00 EST

A moving memorial to the workers killed in the Transocean Deepwater Horizon explosion on April 20 took place Tuesday in Jackson, Mississippi.

11 times did a ship’s bell ring out in memory of each victim. Each family was given a bronze hard hat which represented their loss.

Country singer Trace Adkins, himself a former oil field worker, performed his song “Black Gold” via a video tribute.

Steven Newman, CEO of Transocean, which owned the platform, paid tribute in remarks.

Conspicuously absent was President Obama, who gave a stirring eulogy to the victims of the April West Virginia mine disaster but did not do likewise for these victims. Yet, Obama will visit the Gulf Coast Friday to review containment efforts.

These are the people who lost their lives in the Deepwater Horizon explosion:

Jason Anderson, Dale Burkeen, Donald Clark, Steven Curtis, Gordon Jones, Wyatt Kemp, Karl Kleppinger, Blair Manuel, Dewey Revette, Shane Roshto, Adam Weise.

The Deepwater Horizon Memorial Fund has been established to assist the victims’ families. Contributions may be made by going to: http://www.deepwaterhorizoncondolences.com/donate.asp.

Culture of corruption: oil reps gave gifts to rig inspectors

blog@www.maritimeaccidentattorney.com (blog Author)32255 — Wed, 26 May 2010 08:00:00 EST

For now it is unknown to what extent federal inspectors may have been “encouraged” to look the other way at the safety practices of BP, Transocean and other big oil companies. What is known is a new Interior Department report excoriates employees of the Minerals Management Service (MMS) for “reprehensible activities” as evidence of a “cozy relationship” between the inspectors and the oil industry.

The report alleges that inspectors received gifts from companies such as lunches and sports tickets as well as used government computers to view porn.

A New York Times report stated that MMS inspectors allowed companies to write out the reports in pencil and the inspectors would later write over them in ink.

The government report recommends terminations, disciplinary action and criminal prosecution against those involved in unethical conduct.

Transocean Deepwater Horizon Memorial Fund

blog@www.maritimeaccidentattorney.com (blog Author)32300 — Wed, 26 May 2010 08:00:00 EST

Transocean has set up a memorial fund for the victims of the Deepwater Horizon rig explosion.

We encourage you to donate what you can to this worthy cause.

Click here to learn how to donate to the Deepwater Horizon Memorial Fund.

BP took shortcuts on the Deepwater Horizon

blog@www.maritimeaccidentattorney.com (blog Author)32301 — Wed, 26 May 2010 08:00:00 EST

It's looking increasingly like BP may ultimately be held responsible for the Deepwater Horizon rig explosion.

Although it's still too early to reach a definitive conclusion, news reports coming in indicate that upper management at BP overruled the rig managers at Transocean when it came to plugging the well, insisting on using seawater instead of the usual drilling mud.

Truitt Crawford, a roustabout for Transocean, told Coast Guard investigators there were complaints by senior Transocean managers that BP was "taking shortcuts" and that those shortcuts led to directly to the explosion and environmental catastrophe.

BP, for its part, seems to be angling towards blaming Transocean, and in particular Transocean senior rig workers, for this calamity, and may also be seeking to blame Halliburton and the manufacturer of the blow-out preventer, Houston-based Cameron.

Deepwater Horizon companies facing likely criminal probe

blog@www.maritimeaccidentattorney.com (news Author)15155 — Tue, 25 May 2010 08:00:00 EST

Legal analysts predict the Obama Administration to open a criminal investigation of the companies involved in the Gulf oil disaster. It is probable that such action will only be taken after BP manages to secure the runaway Deepwater Horizon well which is still gushing tens of thousands of barrels of oil per day. The Justice Department may file charges for violations of the Endangered Species Act and Clean Water Act along with failure to follow drilling regulations. Federal prosecutors will likely move cautiously in building their case in order to weigh potential federal complicity in the accident due to a lack of government oversight into drilling which could have contributed to lax operations. Companies subject to criminal and civil action include BP PLC, Transocean, Halliburton and Cameron.

Source: Yahoo News

Deepwater Horizon: Remembering the victims

blog@www.maritimeaccidentattorney.com (blog Author)32177 — Tue, 25 May 2010 08:00:00 EST

All of the focus recently has been on BP and the continuing problems with the oil spill. It seems that many have forgotten that eleven rig workers lost their lives in the explosion, and many others were injured.

Today, a memorial service is being held for families and friends of the lost rig workers, at the Jackson Convention Complex in Jackson, MS. We are hopeful that this service will help the friends and family members who are still mourning the loss of their loved ones.

Report: Deepwater Horizon BOP maker may come out smelling like a rose

blog@www.maritimeaccidentattorney.com (blog Author)32202 — Tue, 25 May 2010 08:00:00 EST

Bloomberg reports that Cameron International Corp., the manufacturer of the failed blowout preventer (BOP) connected to the ill-fated Transocean Deepwater Horizon platform, could see its fortunes rise out of the devastation.

Talk about irony.

Even though the company’s stock has taken a hard fall since the April 20 explosion in the Gulf, it and other drilling gear manufacturers are in position to benefit from stricter safety regulations sure to be implemented. A trade analysis predicts their shares to rise 41 percent in the next year.

The BOP was supposed to have shut off the runaway well that has gushed millions of gallons of crude onto the Gulf shores.

Cameron is a defendant in scores of lawsuits that have been filed in connection to the event which killed 11 workers and injured 17.

BP's "Vessels of Opportunity" cleanup making fishermen sick

blog@www.maritimeaccidentattorney.com (blog Author)32204 — Tue, 25 May 2010 08:00:00 EST

Nausea, burning eyes, rashes and severe headaches are being reported by fishermen hired by BP to assist in the Gulf oil cleanup.

Biologists say these symptoms are being caused by exposure to crude oil and toxic chemical dispersants being used on the spill. The dispersants are being sprayed from planes to break down the oil and prevent slicks from forming.

A marine toxicologist who has been in contact with local fishermen says that they are suffering from the same effects as were experienced in the 1989 Exxon Valdez spill.

The fishermen are employed in BP’s “Vessels of Opportunity” program which utilizes them to control surface oil and cleanup up oil clumping.

The only preparation they are given prior to exposure to the toxic atmosphere is a very basic four hour training course and Coast Guard dockside examination. Reports say that BP is refusing to even provide basic personal protection equipment.

Many fishermen are afraid to speak out for fear of losing these temporary jobs.

If you are a member of BP’s Vessel of Opportunity program suffering from fluid in the lungs, burning eyes, headaches, nausea and other ailments, seek medical treatment immediately. Then consider your options through an experienced offshore law firm.

Source: Fox News

Well cement regs less strict than for bridges and buildings

blog@www.maritimeaccidentattorney.com (news Author)15113 — Mon, 24 May 2010 08:00:00 EST

The Associated Press reports that faulty cementing was responsible for at least 34 offshore well incidents since 1978.

The report says that cement standards are far stricter for buildings, bridges and roads than they are for the oil and gas industry. There is no federal regulation for wells and drillers are only encouraged to rely upon American Petroleum Institute (API) guidelines; API is a trade group.

Transocean, owner of the Deepwater Horizon platform that exploded and sank last month, blames Halliburton’s cement work on the well for the tragedy that killed 11 workers and injured 17.

Experts say that shoddy cement work is the cause of many offshore well incidents. Sometimes the cause is poor mixing or poor placement against the well walls.

A November 2005 accident in another well almost directly below where the Deepwater Horizon sat in the Gulf of Mexico resulted in 15,000 gallons of drilling fluid spilling after steel casing came apart from poor cement work.

Source: Associated Press

BP sued by Transocean's insurance company over Deepwater Horizon disaster

blog@www.maritimeaccidentattorney.com (blog Author)32132 — Mon, 24 May 2010 08:00:00 EST

Bloomberg News reports today that BP was sued by Lloyd's of London, Transocean's excess-insurance carrier, over the Deepwater Horizon explosion.

What does this mean for Deepwater Horizon crewmembers?

If you were a crewmember on the Deepwater Horizon, Transocean's lawsuit against BP means that Transocean's insurance companies are asking BP (or its insurance company) to pay for any damages you have suffered, including medical bills, lost wages, pain and suffering, and any future damages.

Right now, Transocean and/or its insurance carriers have been paying significant money for the medical care and lost wages of its injured workers.

By filing this lawsuit, Transocean and/or its insurance carriers are trying to recoup these payments or force BP to pay the costs for lawsuits by injured crewmembers along with all the other legal claims arising out of the Deepwater Horizon crew.

Questions about the Deepwater Horizon explosion?

If you have questions concerning your legal rights following the Deepwater Horizon explosion, please don't hesitate to email me at Brian@vbattorneys.com or call toll free to 877.724.7800.

My guarantee to you is that any conversation we have about your legal rights will be keep strictly confidential.

Did Deepwater Horizon drill into a mine field?

blog@www.maritimeaccidentattorney.com (blog Author)32139 — Mon, 24 May 2010 08:00:00 EST

Don’t laugh at the title of this posting, a web site is reporting that over 30 million pounds of bombs, chemical ordnance and projectiles are scattered on the seabed of the Gulf of Mexico, which is a major disposal site for unexploded military ordnance. Because record keeping is shoddy it is impossible to know exactly where these disposal sites are located. The story says that it is not known if companies drilling offshore leases are required to map out underwater unexploded ordnances.

Federal government threatens to yank BP from efforts to cap well

blog@www.maritimeaccidentattorney.com (news Author)15095 — Sun, 23 May 2010 08:00:00 EST

Angry that BP has missed numerous deadlines to shut off the Deepwater Horizon well, Interior Secretary Ken Salazar threatened to “push them out of the way…if we find they’re not doing what they’re supposed to be doing,” he said Sunday.

A company spokesman admitted Saturday that the mile long siphoning tube inserted into the well captured only 1,360 barrels during the previous 24 hours, a decline from the 5,000 barrels it was capturing three days earlier.

Swaths of heavy crude continue to wash ashore in the Louisiana delta, with lighter coatings reaching Mississippi and Alabama.

Helpless churchgoers along the Gulf Coast prayed for divine intervention Sunday to clear up the spill.

Wrongful death claims have shorter filing time period

blog@www.maritimeaccidentattorney.com (blog Author)32061 — Sun, 23 May 2010 08:00:00 EST

If you look through our extensive list of Transocean blogs and library articles, you will see that many of them caution Deepwater Horizon victims and family members to research carefully when deciding whether or not to pursue legal action. Though many attorneys rushed to the Louisiana delta with pens and paper to greet dazed survivors as they returned to shore just hours after barely escaping with their lives, we have steadfastly continued to preach patience and reason in making what will be one of the most important legal decisions of your life.

It is important to understand, though, that because of statutes of limitations, there is a shelf life of allowable time to making this type of decision. This is particularly true when it comes to filing a wrongful death claim.

While the normal statute of limitations in maritime law is three years, the period for wrongful death filings is significantly shorter. Depending upon the state, it may be as short as six months or up to two years.

A wrongful death means the loss of a loved one due to the negligence or reckless action of another person or company. Compensation to the family is determined by factors including pain and suffering that the victim experienced before he or she died, loss of financial support to the family and loss of companionship to the spouse.

Both statute of limitations rules and the means to calculate compensation are matters that are best handled by an experienced offshore law firm.

Louisiana official on spill response: "It's just criminal!"

blog@www.maritimeaccidentattorney.com (news Author)15074 — Fri, 21 May 2010 08:00:00 EST

Plaquemines (LA) Parish President Billy Nungesser said “We’ve got to do something, man. It’s just criminal,” about government feet dragging which has prevented his plan to build an 80 mile “sand boom” to protect barrier islands from the BP oil gusher onslaught.

Nungesser said he’s already lined up a commitment from the U.S. dredge fleet to construct the boom but the Army Corp of Engineers has not yet granted him a permit to proceed.

Heavy oil has already begun to coat the Louisiana delta.

Source: Fox News.com

Deepwater Horizon flew foreign flag in America's backyard

blog@www.maritimeaccidentattorney.com (blog Author)32001 — Fri, 21 May 2010 08:00:00 EST

Senator Charles Grassley (IA) has fired off a letter to BP asking a series of questions regarding whether the Marshall Islands registry of the Deepwater Horizon platform allowed the company to skirt safety laws.

It’s a fact that even many U.S. shipping lines fly the Marshall Islands flag to get around Jones Act compliance. For a foreign entity like BP to do so 50 miles off the coast has drawn the attention of Grassley and others on the Hill.

Some of the questions he’s asked include:

Does the foreign registry allow BP to avoid “rigorous oversight”? How does it bear upon taxes, safety inspections and royalty payments? What are other benefits or negatives for flying a foreign flag?

Grassley has sent a similar letter to Transocean. Read both letters here.

Conflict of interest: BP decides on testing lab and cleanup contractors

blog@www.maritimeaccidentattorney.com (blog Author)32003 — Fri, 21 May 2010 08:00:00 EST

The following is a list of areas where BP may have a conflict of interest in the Deepwater Horizon disaster:

-The laboratory chosen by the federal government to test water and marine animal tissue samples is a Texas lab which includes BP as a major client.

-Local animal rescue workers who volunteered to treat contaminated birds and collect data were blocked by the government; they were informed that such work must be contracted by a company selected by BP.

-Sylvia V. Baca, who is involved in overseeing the Minerals Management Service, served for eight years as a high executive with BP.

-Federal and state websites providing guidance to fishermen featured links that direct them to a BP site offering contracts limiting rights to future claim filings against the company.

-The Joint Information Center, a public affairs collaboration between regulators and industry, includes 10 BP workers in its staff.

Many other potential conflict of interest items can be found here.

Heavy oil washing ashore in Louisiana

blog@www.maritimeaccidentattorney.com (news Author)15032 — Thu, 20 May 2010 08:00:00 EST

A thick mass of crude oil described as having the texture of latex paint has begun clogging up the environmentally sensitive marshlands of Louisiana from the Deepwater Horizon gusher.

Governor Bobby Jindal called it the “day we have all been fearing,” adding “we know more is coming.”

While BP has cited surface analysis to support its claim of 5,000 barrels pouring into the Gulf of Mexico per day, many experts say that does not take into the account the subsurface plumes of oil well below the surface.

Government forecasters reported that sheen has entered the Loop Current and could shoot around the Florida Keys and the U.S. East Coast.

Source: Reuters

Feds target a second BP rig

blog@www.maritimeaccidentattorney.com (news Author)15033 — Thu, 20 May 2010 08:00:00 EST

A larger BP platform than the Deepwater Horizon has lawmakers urging it be shut down to make sure it is safe.

19 lawmakers signed a letter on February 24—two months before the Deepwater Horizon disaster—urging the Minerals Management Service to investigate Atlantis because of claims that BP was operating the rig without up to date engineering documents.

Experts say an accident with Atlantis has the potential to be significantly more severe than the Deepwater Horizon events.

Atlantis, located 150 miles south of New Orleans, pumps up to 200,000 barrels of oil per day, or 13 percent of total U.S. Gulf oil output. Described as “one of the most complex deepwater platforms in the world,” it is one of the two largest platforms in the Gulf.

Source: Reuters

Two Law Firms Joining Forces to Help Deepwater Horizon Workers

blog@www.maritimeaccidentattorney.com (news Author)15038 — Thu, 20 May 2010 08:00:00 EST

We recently made the decision to join forces with a premier New Orleans maritime lawyer, Tim Young. Our goal is to help protect the rights of the workers injured in the Deepwater Horizon explosion. Through our collaboration, we will now be able to reach two of the biggest areas affected by the disaster – Houston and New Orleans.

Our experienced board certified attorney, Brian Beckcom, explained in a recent press release that, “Transocean, BP, Halliburton, Cameron and their insurance companies have already hired multiple sophisticated law firms in Houston and New Orleans to defend them from the lawsuits coming out of the Deepwater Horizon tragedy. There are already legal filings that may impact our clients’ legal rights. Our law firms decided to join forces in both of the major hubs of the explosion and oil spill litigation. Tim Young’s firm is one of the most respected maritime law firms in New Orleans and we are very happy to be working with his firm.”

This alliance is a tremendous benefit to clients, as they will have access to two very experienced maritime law firms without having to pay any additional costs.

Our law firm will be taking the lead in the Houston area, while Tim Young’s firm will be taking the lead in the New Orleans region.

If you were hurt on the Deepwater Horizon and are looking for answers to your legal questions, call us at 877.724.7800 or fill out our online contact form.

First victims of Deepwater Horizon must not be forgotten

blog@www.maritimeaccidentattorney.com (blog Author)31911 — Thu, 20 May 2010 08:00:00 EST

How quickly the mainstream media seems to have forgotten that 11 lives were lost and 17 workers were injured in the Deepwater Horizon explosion April 20. Of course, the focus on the oil gushing into the Gulf of Mexico deserves as much coverage as possible but this story echoes the traditional short shrift given to the direct victims of maritime accidents.

Several years ago, when a ship ran aground off the Aleutian Islands, the lead of one story focused upon the potential threat to the environment from leaking oil. Only at the end of the story was it reported that six persons had lost their lives.

Somehow, loss of life at sea has always been diminished—probably unintentionally—into W. H. Dana-like lore. Maybe that comes from the offshore world being “just over the horizon” in the mind of the general land-lubbing public and more difficult to relate to on a personal level than tragedies on the road or in the sky.

Could you imagine a joyous musical about the Space Shuttle Challenger explosion comparable to the “Watch the Titanic Sink Nightly” review that ran on the Las Vegas Strip for years?

President Obama gave a moving and well deserved eulogy for the 29 victims of the West Virginia mine disaster less than a month after it happened. Where is the memorial for the Deepwater Horizon victims?

Add another name to list of companies involved in Deepwater Horizon

blog@www.maritimeaccidentattorney.com (blog Author)31916 — Thu, 20 May 2010 08:00:00 EST

BP has not yet explained why it sent away the team of a top-notch oil service company without conducting a planned test of cement linings just hours before the Deepwater Horizon platform exploded April 20.

A spokesperson for Schlumberger said his company’s team and equipment had been waiting on standby for two days to send acoustic lines to test the integrity of cement plugs in the well. However, BP abruptly cancelled the test and sent the crew away on an 11:00 a.m. helicopter flight.

The test was to have been a final check to determine the effectiveness of the well’s seal.

A headline describes the cancelled procedure as a “Costly, time consuming test,” raising more questions about BP’s safety standards versus time and expense demands.

Though Schlumberger has the reputation of being among the best companies at well testing, it finds itself at least indirectly tied in with companies already named in lawsuits which include Transocean, BP PLC, Cameron and Halliburton.

When deciding on selecting legal representation in this case involving numerous companies, choose a law firm familiar with the complexities of offshore law.

Source: Times-Picayune

Transocean paying out $1 billion to investors

blog@www.maritimeaccidentattorney.com (news Author)15019 — Wed, 19 May 2010 08:00:00 EST

Last week Transocean filed a motion in federal court to limit its liability to $27 million in the Deepwater Horizon disaster. Now, there are reports that the owner of the platform that exploded and killed 11 workers held a closed door meeting with shareholders to tell them about an upcoming $1 billion dividend payout. The meeting was held at company headquarters in Switzerland. It used to be based in Houston but relocated two years ago to avoid higher taxes.The first of the four quarterly payouts will be in July. Meanwhile, up to 80,000 barrels of oil per day continue to pour into the Gulf of Mexico.

Gulf cleanup workers may face health risks

blog@www.maritimeaccidentattorney.com (blog Author)31843 — Wed, 19 May 2010 08:00:00 EST

BP withholding information from the public

The workers of the former Deepwater Horizon platform are not the only people who may have to deal with the health effects of the disaster. There are questions concerning exposure risks to cleanup crews from burning oil and evaporating crude in the Gulf. Yet BP refuses to publicly release tests results on those workers. Researchers say that such information is vital to determining just how safe the working environment is.

A company spokesman says it is sharing this information only with “legitimate interested parties” such as OSHA and private companies contracted to assist in the cleanup.

Companies contracted by BP, that is.

The same spokesman said that there’s no benefit in releasing the test results to the public.

The air quality over the Gulf harkens back to 9-11; rescue workers are still suffering from lung ailments nine years later.

If you are involved in the cleanup operation and suffering health problems you believe might be caused by the burning or evaporating oil, contact a qualified offshore attorney.

BP's oil response plan full of holes

blog@www.maritimeaccidentattorney.com (blog Author)31844 — Wed, 19 May 2010 08:00:00 EST

The operator of the sunken Transocean Deepwater Horizon platform that led to as much as 80,000 barrels of oil pouring into the Gulf of Mexico per day wildly overstated its capacity to handle a spill.

In documents submitted to the U.S. Minerals Management Service in 2009, BP PLC claimed it was capable of skimming 17.6 million gallons of oily water per day in a Gulf spill.

Tuesday, the company said it had recovered 6 million gallons of oily water—total.

Because the ratio of oily water to oil is ten to one, that means that BP has collected a total of 600,000 gallons.

BP’s Oil Spill Response Plan is a 582-page document full of facts and figures on deploying skimmers, dispersants and burning. According to the report, the company claims that it can control a spill of up to 12.6 million gallons of oil per day, which is 60 times greater that the Deepwater Horizon gusher.

Peel Away The Layers And You'll See Who BP Is Trying To Blame

blog@www.maritimeaccidentattorney.com (news Author)14991 — Tue, 18 May 2010 08:00:00 EST

The blame game is in full force as oil continues to gush into the Gulf of Mexico and threaten the coasts of many U.S. states.

BP, the company that had contracted the use of the Deepwater Horizon rig to drill oil in the Gulf of Mexico, appears to be engaging in the same type of finger pointing as Transocean and Halliburton, that is until you dig deeper.

BP recently renewed another contract with Transocean. If BP was accusing Transocean executives and senior managers, would it have renewed its contract? When you really analyze what they are saying, they are basically accusing the rig manager and workers.

60 Minutes recently aired an interview with Mike Williams, the last person on the Deepwater Horizon rig. Mr. Williams is a chief electronics technician employed by Transocean. During the interview, he gave his account of the horrifying event that claimed the lives of 11 people.

According to Mr. Williams, it was taking too long to get to the oil, as they were already at six weeks when it should have only taken 21 days. A BP manager supposedly requested a faster pace or rate of penetration, which caused the bottom of a well to split open. It got stuck and the well was abandoned. They had to drill a new route to the oil and reportedly, BP lost $25 million. There was call for a “push” and pressure was increased on the crew.

Based on Mike Williams’ account, it makes you question why BP appears to be accusing Transocean workers. It seems that there was a lot more going on.

Parts of Gulf of Mexico to turn into a dead zone?

blog@www.maritimeaccidentattorney.com (news Author)14999 — Tue, 18 May 2010 08:00:00 EST

Experts fear that diminishing oxygen levels caused by the oil spill from the Deepwater Horizon disaster could create massive dead zones in the Gulf of Mexico.

Oxygen levels reportedly have declined 30 percent near giant plumes of oil under the surface and if unchecked the fear is that marine life will be killed.

University of Georgia researcher Dr. Samantha Joye said that the dispersants being used may be eating up oxygen and could create large dead zones, especially near the sea floor.

BP refuses to allow accurate gusher measurements

blog@www.maritimeaccidentattorney.com (blog Author)31802 — Tue, 18 May 2010 08:00:00 EST

Perhaps it’s time for the Obama Administration to put some teeth behind the angry tone directed at BP and try to force them to accurately measure the rate of oil blasting into the Gulf. BP’s stubborn refusal to come off of their 5,000 barrel per day estimate is, according to a piece in The Atlantic, “at once laughably and horrifyingly low.”

Even when the company, Coast Guard and NOAA initially came out with that figure based upon surface analysis, independent scientists proclaimed that it was actually 25,000 barrels. And after BP released the video of the gusher, some of those scientists revised their estimate, to 80,000 per day!

BP got a dose of reality when the New York Times reported last week that they were sending a team of scientists to deploy ultrasonic equipment to measure the volume of gas and oil.

But then, BP abruptly canceled the mission because accurate measurements would only serve to distract from plugging the spill. "The answer to that is no," said a spokesman.

If the government can send SWAT teams to platforms to investigate safety on other rigs, why can’t they send an independent team to measure the volume? Would CEO Tony Heyward and his minions send their robot subs to prevent this?

If you signed the Transocean waiver, don't feel trapped

blog@www.maritimeaccidentattorney.com (blog Author)31805 — Tue, 18 May 2010 08:00:00 EST

Just because you signed the waiver stating that you were not a witness or suffered injury in the Deepwater Horizon explosion does not mean you threw away your legal rights.

You barely escaped with your life, were sequestered in a hotel, interrogated by company investigators and not able to see your family. Then you were expected to sign quite possibly the most important legal document of your life.

"I think the court would respond very skeptically to a waiver of any type of these basic rights, particularly if that waiver was executed in the wake of a rescue at sea,” said Pepperdine University School of Law Professor Robert Anderson.

If you are having second thoughts about signing the waiver, find an experienced offshore attorney who will help you.

Transocean survivor makes devastating charges on 60 Minutes

blog@www.maritimeaccidentattorney.com (news Author)14824 — Mon, 17 May 2010 08:00:00 EST

The last person alive off the Deepwater Horizon platform that exploded and sank into the Gulf of Mexico told his moving story on 60 Minutes Sunday night.

Mike Williams, the chief electronics technician, told Scott Pelley about how British Petroleum, the rig operator, ignored red flags including the damaged blow out preventer and failed pressure tests in ordering that drilling continue.

Williams said an argument hours before the explosion ensued between BP and owner Transocean with “chest bumping” resulting in BP winning the argument to overlook safety concerns and proceed with the operation anyway.

When the explosion happened at 10:00 p.m. April 20, Williams struggled to safety by jumping nearly 100 feet off the platform into the ocean, where he swam through oily water before being pulled aboard a boat.

Watch the 60 minutes interview in four parts on youtube:

Part 1
Part 2
Part 3
Part 4

Transocean Rig Explosion - Is BP blaming Deepwater Horizon crew?

blog@www.maritimeaccidentattorney.com (blog Author)31687 — Mon, 17 May 2010 08:00:00 EST

Not long after the Deepwater Horizon drilling rig exploded and sank, BP's CEO Tony Hayward publicly claimed that the accident was the responsibility of Transocean because it was Transocean's rig, crew, and procedures.

Mr. Hayward said that "it wasn't our accident."

What does BP mean by this statement?

I have analyzed the claims BP is making about the accident being Transocean's fault and have concluded that BP is likely moving towards blaming the Transocean crewmembers and, most likely, the senior Transocean personnel on the rig like the toolpushers, rig superintendents, and engineers.

Right now BP is neck-deep in the clean up effort but is also almost certainly involved deeply in the investigation. BP will likely be providing information to federal investigators about the cause of the accident and who is at fault.

I am concerned that BP may being trying to make it seem like the Transocean personnel, and in particular the supervisors on the rig, bear responsibility for what may be the worst environmental disaster in U.S. history.

Transocean, for its part, publicly denies any negligence, fault, or carelessness and recently filed legal papers to limit its liability for all claims from this accident.

If BP succeeds in placing some or most of the blame on Transocean's rig employees, and if Transocean succeeds in limiting its financial exposure to $27 million, then the Transocean employees and other crewmembers of the Deepwater Horizon are in trouble.

If you were a crewmember on the Deepwater Horizon, and in particular a high-level supervisor, you need to protect yourself now before it's too late.

I would strongly recommend interviewing an experienced maritime law firm so you can be advised of your legal rights, have your story told in the investigation and legal proceedings, and ensure that you don't get blamed for something that wasn't your fault.

I've written a Free Special Report called "Protecting Your Future" that gives some very useful insight into the process and what you can expect, and how to avoid doing or saying something that will harm your legal rights.

Click Here To Immediately Receive The Special Report "Protect Your Future."

A far greater BP disaster in the making?

blog@www.maritimeaccidentattorney.com (blog Author)31692 — Mon, 17 May 2010 08:00:00 EST

Atlantis, a much larger BP facility in the Gulf of Mexico, poses a far greater threat than the Deepwater Horizon.

This charge was made by an industry expert on a 60 Minutes report Sunday on the oil disaster in the Gulf.

In that report, Mike Williams, the last person to escape the platform alive, told his moving story about the events that led up to the April 20 explosion that killed 11 workers and led to the millions of gallons of oil pouring into the Gulf.

The report featured allegations of BP ignoring faulty testing to proceed with operations in order to save time and money.

A BP executive abruptly cancelled a scheduled interview for the program.

Watch the segment in four parts on youtube:
Part 1
Part 2
Part 3
Part 4

BP Blaming Transocean Supervisors & Personnel for explosion

blog@www.maritimeaccidentattorney.com (blog Author)31703 — Mon, 17 May 2010 08:00:00 EST

We can confirm (again) that BP is likely angling to place blame for the Deepwater Horizon explosion on Transocean employees, and in particular the supervisory personnel assigned to the rig.

In prepared remarks to a congressional committee, BP America Chairman Lamar McKay is stating that Transocean was responsible for the safe operation of the Deepwater Horizon.

When you really think it, this can probably only mean one thing. BP is going to blame the Transocean crewmembers and supervisory personnel who were aboard the Deepwater Horizon for making bad decision and causing the rig explosion.

It is clear that BP is taking steps (and has been for weeks) to prepare its legal defense and shift the blame to Transocean crewmembers.

We are urging Transocean crewmembers to protect themselves and their legal rights immediately so their story is told and they don't get all the blame for this terrible tragedy. We are currently taking steps right now to protect our clients from BP's anticipated finger pointing.

About Brian Beckcom

Mr. Beckcom is a Board Certified Injury Lawyer who is representing injured crewmembers on the Deepwater Horizon.

Mr. Beckcom's firm is based in Houston, Texas and has extensive experience in representing injured rig workers and their families in claims against Transocean, BP, and Halliburton.

To speak to Mr. Beckcom directly about your legal rights, send him an email at Brian@vbattorneys.com or call the firm's toll free number at 877.724.7800.

Obama blasts oil companies with both barrels

blog@www.maritimeaccidentattorney.com (news Author)14763 — Sat, 15 May 2010 08:00:00 EST

President Obama expressed outrage Friday at the oil companies’ failure to accept responsibility for their roles in the Gulf of Mexico gusher.

“I will not tolerate more finger pointing or irresponsibility,” he said about the “ridiculous spectacle” of company executives blaming each other at congressional hearings this past week. Executives from British Petroleum, Transocean and Halliburton testified before Congress.

The President called for a “top to bottom” overhaul of the Minerals Management Service, which oversees drilling. Investigators are looking into whether the MMS allowed operators to drill in the Gulf without issuing permits.

Some experts believe the amount of oil pouring into the Gulf in the aftermath of the Deepwater Horizon explosion and sinking April 20 is up to 10 times greater than the 5,000 barrels per day claimed by BP.

Source: AFP

BP CEO calls Gulf oil spill 'Relatively tiny'

blog@www.maritimeaccidentattorney.com (news Author)14764 — Sat, 15 May 2010 08:00:00 EST

The Chief Officer of British Petroleum told the UK Guardian newspaper that the oil pouring into the Gulf of Mexico daily is “relatively tiny in relation to the total water volume.”

Added Tony Hayward, the Gulf “is a very big ocean.”

BP continues to stand by its claim of 5,000 barrels of oil gushing per day in the aftermath of the Deepwater Horizon explosion and sinking, even though several experts say the amount could be up to ten times greater.

Source: Fox News

Only 10% of recovered oil mix is actually oil

blog@www.maritimeaccidentattorney.com (news Author)14753 — Fri, 14 May 2010 08:00:00 EST

BP and NOAA agree that of the approximately 4 million gallons of oily water that have been skimmed from the Gulf of Mexico spill, only about 10 percent is actual oil. That is a ratio similar to snow and rainfall.

Using the conservative figure cited by NOAA of 210,000 gallons of oil leaking every day, and factoring in the recovered oily mix, that leaves at least 2.7 million gallons in the Gulf as of Friday, and rising.

436,000 gallons of chemical dispersants designed to break up the oil into smaller droplets have been sprayed. Some experts are concerned that those dispersants may be toxic to marine life.

Source: Associated Press

Does the Limitations of Shipowner's Liability Act of 1851 Still Make Sense Today?

blog@www.maritimeaccidentattorney.com (blog Author)31543 — Fri, 14 May 2010 08:00:00 EST

The Limitations of Shipowner’s Liability Act of 1851 was created to help U.S. businesses compete against foreign shipowners, while still providing protection for offshore workers. The Limitation of Liability Act limits a vessel owner’s liability to the post-accident value of the vessel and cargo.

Two hundred and sixty years ago, this law made sense. Ships crossing the oceans were on their own. There were no satellite communications or high tech forecasts to warn of approaching storms and pirates were always a danger. The Act eliminated the risk of unlimited liability if lives were lost due to an unforeseen disaster. However, it did not limit liability if the owner’s own negligence or actions contributed to the loss.

On Thursday, Transocean Ltd. sought protection under the Limitations of Shipowner’s Liability Act. The company filed a petition in federal court asking that its liability for the Deepwater Horizon oil rig explosion of April 20 be limited to the current value of the sunken oil rig. Before the accident, the rig was worth $650 million. Today, the wreckage of Deepwater Horizon is worth $26,764,083.

Transocean expects to receive about $560 million in insurance compensation for the loss of the rig. The company itself is worth over $23 billion.

While it is rare for petitions under the Act to actually limit liability, the filing of the petition does give Transocean some control over the legal process. All pending lawsuits may need to be refilled in federal court in Houston.

Does the Limitations of Shipowner's Liability Act of 1851 Still Make Sense Today?

blog@www.maritimeaccidentattorney.com (blog Author)31544 — Fri, 14 May 2010 08:00:00 EST

Five Ways Transocean's Limited Liability Filing May Affect Your Oil Rig Lawsuit

blog@www.maritimeaccidentattorney.com (blog Author)31545 — Fri, 14 May 2010 08:00:00 EST

This week in Houston, Transocean, Ltd., has petitioned to limit their liability regarding last month’s Deepwater Horizon offshore rig accident. This federal court filing involves a law that is well over a century old and other very complex legal issues – but what does it mean for the families of the offshore oil rig accident victims?

Here’s what you absolutely need to know about limitation of liability:

The statute of limitations for filing a claim against Transocean will be significantly shortened. While the traditional statute of limitations for these vessel accident cases is three years, this petition will force those with potential lawsuits to act much more quickly.

Transocean will get to choose their venue for their lawsuits. While lawsuits have already been filed in Houston, Texas, and Louisiana, this petition will lock in Houston as the venue for litigation as the case moves forward.

Limitation of liability proceedings will slow down and complicate the overall legal process. A Houston judge could place a stay on all pending lawsuits while ruling on the petition – and all of the plaintiffs’ attorneys must work together in order to move forward, something that can take some time especially when dealing with dozens of lawsuits.

Transocean’s liability could be reduced to $27 million. If the petition is successful, the oil rig equipment company could only be made responsible for a fraction of the damage that the offshore rig explosion caused. While the company expects to receive $560 million in insurance money for their losses, they may only have to pay out the amount that the rig is worth when resting at the bottom on the Gulf of Mexico.

Transocean is attempting to limit their exposure to jury decisions. Juries are often partial to workers and individuals over large, faceless corporations – and Transocean will work hard to have a single judge make the calls regarding their oil rig explosion case.

With Liability Limit Petition, Should Claimants Move Quickly On Oil Rig Lawsuits?

blog@www.maritimeaccidentattorney.com (blog Author)31555 — Fri, 14 May 2010 08:00:00 EST

While some experts are telling the families of the Transocean rig disaster victims to find a lawyer to represent them as quickly as possible, others are telling them to take their time to thoroughly consider their law firm options, the ongoing investigation, and their case. Who is right? Our stance has been to take your time, but you do need to be aware that things may change.

First and foremost, it is important to take care of your loved ones and make sure that your family has the support they need. The weeks after a disaster like this one can be emotional, stressful, and overwhelming – and it is only natural to concentrate on these feelings in the wake of a serious accident.

Next, it is important not to rush into a lawsuit without first educating yourself, allowing investigations to begin, and weighing your options. While many attorneys may pressure you to act fast, it is far better to act cautiously. The more informed you are, the more likely you are to choose an attorney who is right for your case and your needs.

With that said, a recent development in the Deepwater Horizon drilling disaster case has added a new urgency to those who have potential lawsuits against Transocean. Because the oil rig equipment company is filing a petition to limit their liability in a Houston federal courtroom, those with wrongful death and injury claims have a much smaller window of time in which to find an experienced attorney and act on their claim. While the statute of limitations under regular circumstances is three years for filing similar maritime injury lawsuits, victims of the recent oil rig accident will have to take action much more quickly.

In general, those preparing to file an offshore rig accident lawsuit against Transocean should educate themselves, research law firms, and take care of the needs of their loved ones.

What Does The Houston Liability Limit Petition Really Say About Transocean?

blog@www.maritimeaccidentattorney.com (blog Author)31558 — Fri, 14 May 2010 08:00:00 EST

On Thursday, just three blocks from our law offices in Houston, oil rig equipment company Transocean planned to file a petition to limit their fiscal liability in relation to April’s devastating oil rig disaster that killed 11 workers and injured many others. Legal explanations aside, what might this action say about Transocean and what they feel about the Deepwater Horizon offshore tragedy?

We want to limit our monetary responsibilities to the victims of this oil rig accident, their families, and other people who have suffered losses. By filing this petition, Transocean is asking federal courts to pay no more than $26.7 million to those who were affected by the oil rig accident – no matter what the actual costs of damages and losses is.

We want to make this legal process more complicated and slower than it has to be. Because the petition will in all likelihood be rejected by the courts, Transocean is filing for limited liability for other reasons; to gain an edge over the oil rig accident victims in court, to name the venue for future litigation, to make the entire process more cumbersome, and to shorten the time limit victims have to file lawsuits.

We don’t mind using outdated laws to buy ourselves time and delay payments to suffering families. No one, including Transocean itself, thinks that the court will rule to accept the petition to limit its liability. That makes it very clear that the petition has only ulterior motives that benefit the company itself.

We take zero responsibility for what happened on April 20 in the Gulf of Mexico. Part of the Limitation of Liability Act of 1851 states that, in order to procure limited liability, you must not have had any hand in the vessel accident itself. In fact, Transocean released a statement that said that the offshore rig accident and injuries “were not caused or contributed to, done, occasioned and/or incurred by any fault, negligence, unseaworthiness, or lack of due care on the part of the petitioners, or anyone for whom petitioners are or at any material time were responsible.”

BP stubbornly continues to underestimate rate of oil leak

blog@www.maritimeaccidentattorney.com (blog Author)31606 — Fri, 14 May 2010 08:00:00 EST

“That’s my story and I’m sticking to it,” is BP’s mantra regarding the volume of oil blasting out of the Gulf of Mexico seabed.

The company continues to stand by the 5,000 barrels per day rate that has almost been taken as gospel by the mainstream media despite the fact that many experts believe the amount is far greater.

BP insists that there is no accurate method to measure the rate. However, a Purdue University engineering professor says that’s not true. Using a particle image velocimetry technique which analyzes BP’s video of the leak, estimates come to 70,000 barrels a day, more than 10 times BP’s claim.

A Cal Berkely professor of astrophysics supports the higher numbers, estimating the gusher within a range of 20,000 to 100,000 barrels per day.

Source: NPR

BP and Transocean's "phantom" test

blog@www.maritimeaccidentattorney.com (blog Author)31607 — Fri, 14 May 2010 08:00:00 EST

Before he became Muhammed Ali, Cassius Clay knocked out Sonny Liston with a “phantom” punch that skeptics claimed proved the fight to be thrown by the “Bear.”

Because of the conveniently missing log that supposedly was destroyed in the Deepwater Horizon platform explosion, we may never know if BP and Transocean really did conduct a safety pressure test both companies claim showed it was safe to drill.

This supposed test was to have taken place sometime after the daily drilling report provided to Congress with a cut off time of 3 p.m., seven hours before the explosion which killed 11 workers.

Earlier that day, three tests showed explosive gas leaking into the well. But no records exist of the fourth test that both companies claim demonstrated that it was safe to proceed.

Indeed, some are questioning whether this phantom test even took place.

Read more here.

Deepwater Horizon crewmembers angry about "phantom" drill test

blog@www.maritimeaccidentattorney.com (blog Author)31608 — Fri, 14 May 2010 08:00:00 EST

Workers aboard the Gulf rig that exploded April 20 are incredulous that BP and Transocean may have recklessly—and possibly knowlingly—drilled into a dangerous situation.

Records show that three tests conducted earlier that day indicated that explosive gases had leaked into the well. Yet, the operation continued because a supposed fourth test indicated that it was safe, according to both companies.

The problem is that no records of that fourth test exist because the records allegedly were destroyed in the explosion.

Many are not buying this explanation. One attorney representing workers calls it the “phantom” test.

As Board Certified Maritime Attorney Brian Beckcom explains, this is yet another example of the companies angering survivors and victims’ families who otherwise have not taken legal action for the tragedy that killed 11 or their peers.

Thursday, Transocean filed a petition in a Houston federal court to limit its liability to $27 million.

“This may cause some Transocean crewmembers who otherwise have struggled to decide whether or not to stand up for their legal rights to get angry," Beckcom says.

Beckcom, who has represented Transocean workers, is based only three blocks from the courthouse where the petition was filed.

Transocean victims: offshore law is only for very specialized attorneys

blog@www.maritimeaccidentattorney.com (blog Author)31609 — Fri, 14 May 2010 08:00:00 EST

Unfortunately, the survivors and victims’ families who grabbed the first legal pens thrust at them shortly after the Deepwater Horizon tragedy occurred may regret acting in such haste.

Not every attorney is qualified to understand the intricacies of offshore law. The world ashore has more clearly delineated jurisdiction authorities that are divided up among municipal, state and national levels. Out on the water, it’s a more complicated division due to a phalanx of players. In the case of the Deepwater Horizon, you have Transocean, BP, Halliburton, Vetco Gray, GE Oil & Gas and several other companies involved in the manufacture and operation of individual components of the platform.

There are also issues of venue. Many an offshore case has been sunk by attorneys who filed in the wrong court and when the statute of limitations expired, the case was over. Already, Transocean has filed a $27 million liability limitation petition in federal court which will cause many plaintiffs’ lawyers to have to re-file their cases. Corporations know that through clever legal maneuvering they will wear down many victims who will then settle for much less than they are entitled.

Before deciding on representation, research carefully for an attorney experienced in offshore law. Even better, look for one who has experience representing workers with Transocean and BP.

Attention Transocean workers: here is the legal liability document

blog@www.maritimeaccidentattorney.com (blog Author)31613 — Fri, 14 May 2010 08:00:00 EST

We have published the petition Transocean Ltd just filed three blocks from our office in Houston seeking to limit its liability against you and your families.

You can view the document here in our Maritime Accident Law Library.

As you will see, they are not only denying their own fault but also the fault of any other company involved in the Deepwater Horizon operation including BP, Halliburton and Cameron.

If the company told you not to hire a lawyer because they are going to take care of you, please read this document first.

Read more about “Transocean’s Two Faces” here.

Transocean denies fault of any company involved in Deepwater Horizon

blog@www.maritimeaccidentattorney.com (blog Author)31614 — Fri, 14 May 2010 08:00:00 EST

In a petition filed at a Houston federal courthouse, Transocean denies not only its own fault but the fault of any company involved in the Deepwater Horizon operation, including British Petroleum, Cameron and Halliburton.

The petition seeks to limit Transocean’s liability to just under $27 million dollars, which is the value of the sunken rig. Before the April 20 explosion, it was valued at $650 million.

See the petition in our Maritime Accident Law Library.

To understand just how the company was reassuring workers that hiring an attorney was unnecessary before denying fault, read “Transocean’s Two Faces.”

Our firm understands the game they are playing as well as anyone in the field. We have represented Transocean workers and, with our offices just three blocks away from where the petition was filed, we are in the middle of the action.

Transocean Petitions To Limit Liability In Houston Court

blog@www.maritimeaccidentattorney.com (news Author)14714 — Thu, 13 May 2010 08:00:00 EST

The Deepwater Horizon drilling rig accident that took place last month has already cost Transocean Ltd. a staggering $1.3 billion – but a new federal court petition in Houston, Texas, could drastically limit what the oil equipment leasing company may pay in damages. While 11 workers were killed and many more were seriously injured in the offshore accident, Transocean could limit its liability to a mere $27 million: the post-accident value of the rig and its contents.

According to the Wall Street Journal and the Associated Press, Transocean will file a petition in the U.S. District Court in Houston tomorrow asking a federal judge to limit their financial accountability for the recent oil rig accident under the Limitation of Liability Act of 1851. Initially passed to help American vessels compete against foreign ships long before the existence of insurance, many maritime lawyers believe the limitation of liability statute is outdated and obsolete. Currently, although the petition is rarely successful in actually limiting liability, vessel owners use the law to further complicate litigation, keep their case away from a jury, and generally gain more control over the legal process in the weeks and months after an accident.

Whatever the outcome of the limitation of liability petition, it is vital that those with potential Transocean accident lawsuits educate themselves thoroughly regarding the Deepwater Horizon explosion.

To learn more about your Deepwater Horizon drilling rig disaster case, consult these resources:

Transocean moving to limit liability to $27 million

blog@www.maritimeaccidentattorney.com (news Author)14717 — Thu, 13 May 2010 08:00:00 EST

Transocean Ltd. filed a petition today to limit its legal liability to $27 million for the Deepwater Horizon disaster. The filing was made in U.S. District Court in Houston using a provision from a 19th century law that was intended to assist the American shipping industry in competing with foreign vessels. Though maritime attorneys say that it is unlikely that Transocean will prevail in this matter, the filing could give them some power over the legal process by prompting a judge to put a stay on all existing litigation and forcing claims to be re-filed in the federal court. Transocean owned the platform that exploded and killed 11 workers April 20 and led to the massive oil leak in the Gulf of Mexico.

Source: Wall Street Journal

Transocean is Attempting to Limit Its Liability

blog@www.maritimeaccidentattorney.com (blog Author)31522 — Thu, 13 May 2010 08:00:00 EST

Numerous questions were brought to the national spotlight following the Gulf of Mexico rig explosion that claimed the lives of eleven maritime workers and injured others. The incident occurred on April 20, 2010, on the oil rig Deepwater Horizon, which was leased by BP LLC and owned by Transocean, Ltd.

Many in the maritime law legal community wondered if Transocean would attempt to limit its liability in the oil rig explosion that has produced a catastrophic oil spill that now threatens the coasts of Louisiana, Alabama, Mississippi and Florida. Under limitation of liability statutes, Transocean would possibly be able to limit the extent of their liability to the value of the drilling oil rig, Deepwater Horizon, which is consider next to nothing since it sank to the bottom of the ocean.

If Transocean is successful, this will create potential problems to those who were injured in the accident, as well as the families of the eleven offshore workers who are presumed dead and are trying to seek compensation from Transocean and BP.

According to reports today, Transocean is indeed working on limiting its liability. It is expected that the company will file a petition in court to limit its liability to approximately $27 million. The petition may be filed in the U.S. District Court in Houston as early as today.

We’ll keep you updated, as we receive more details.

Transocean threatens to anger victims by seeking liability limits

blog@www.maritimeaccidentattorney.com (blog Author)31528 — Thu, 13 May 2010 08:00:00 EST

By filing a petition to limit its legal liability to $27 million, the owner of the Deepwater Horizon risks incurring the wrath of the victims, says an industry legal expert.

“Their move (to file the petition) will anger…a lot of Transocean employees and may make a lot of them who were on the fence now hire a lawyer,” said Houston Board Certified attorney Vuk Vujasinovic.

Transocean filed the petition Thursday to turn the legal process into a prolonged battle for damages which may force claimants to re-file existing claims in federal court. Even though maritime attorneys predict the company will not prevail in their motion, the important aspect for Transocean is to wear down victims’ patience until they either give up the fight, settle for next to nothing or, worst of all, not fight at all.

Though dozens of lawsuits have already been filed in connection with the April 20 platform explosion that killed 11 workers, many victims and families have exhibited enormous patience in not rushing to make hasty judgments. But with this motion, the clock may have begun to tick for victims to decide whether or not to make their legal move.

“Their (Transocean’s) petition would shorten the statute of limitations for people to file claims to probably six months,” said Houston maritime attorney Brian Beckcom.

Beckcom applauds those people who demonstrated the courage to take their time in making perhaps the most important legal decision of their lives. Now the time may be at hand to select a firm with direct experience fighting for the rights of offshore victims against corporations such as Transocean.

Transocean petitions to liability: what does this mean for victims?

blog@www.maritimeaccidentattorney.com (blog Author)31535 — Thu, 13 May 2010 08:00:00 EST

On April 20, the Transocean Deepwater Horizon drilling rig exploded in the Gulf in Mexico. Seventeen offshore workers were injured and 11 were killed.

Under Jones Act Law those families are entitled to compensation for the loss of their loved ones.

Today, Transocean Ltd. is filing a petition to limit its liability for the accident to less than $27 million dollars. This may limit liability claims for those families who have lost a loved one to the Deepwater Horizon oil rig explosion. This action will shorten the amount of time that a family has to make a claim perhaps to as little as six months. Under federal maritime law, the timeframe to file a lawsuit is three years. This action could force families to file their lawsuits before they have dealt with the emotional impact of the explosion and before the accident has been fully investigated.

The petition will certainly slow the legal process down as a judge may put a stay on all pending litigation and all lawsuits would have to be refilled in federal court.

The petition is being filed under the Limitation of Liability Act of 1851. This act states that a vessel owner is liable only for the post-accident value of the vessel and cargo as long as the owner can show that they had no knowledge of negligence in the accident.

It is unknown if BP and Halliburton will also seek to limit their liability.

Petition Requests Court to Place a Stay On All Litigation Filed Against Transocean

blog@www.maritimeaccidentattorney.com (blog Author)31547 — Thu, 13 May 2010 08:00:00 EST

Transocean, Ltd. announced today that it has filed a petition in the U.S. District Court for the Southern District of Texas in Houston to limit its liability for losses incurred in the Deepwater Horizon oil rig explosion.

More than 100 lawsuits have been filed against Transocean, BP and Halliburton in multiple states and courts. Today’s petition is made under the Limitation of Shipowner’s Liability Act of 1851 and it asks the court to limit Transocean’s liability for the accident to the current value of the Deepwater Horizon oil rig, $26,764,083.

The petition also requests that the court place a stay on all litigation filed against Transocean in any jurisdiction other than the Southern District of Texas. The company hopes to consolidate the lawsuits that have been filed against Transocean and bring them into federal court in Houston where they will be tried by a single judge and paid from a single fund.

This action could cause delays for families who are seeking Jones Act compensation for the loss or injury of their loved ones.

The company says this action is necessary to protect the interests of its employees and shareholders. Transocean, Ltd. is the world’s largest offshore drilling contractor and the leading provider of drilling management services. The company is worth over $23 billion.

Understanding The Limitation of Liability Act of 1851 & The Deepwater Horizon Tragedy

blog@www.maritimeaccidentattorney.com (blog Author)31549 — Thu, 13 May 2010 08:00:00 EST

For better or worse, this April’s tragic Deepwater Horizon offshore rig accident has shined a light on the sometimes odd, often old, and always complex ins and outs of federal maritime law. In particular, today’s announcement that Transocean will file a petition in a Houston court to limit their liability to $27 million has many struggling to understand the Limitation of Liability Act of 1851.

Very simply, the act makes it possible for vessel owners to avoid unlimited liability for personal injury or death in the event of an offshore accident. The fiscal liability limit for vessels is the amount ship and its cargo is worth after the wreck takes place and when the voyage is over – as long as the owner of the vessel was not at fault for the accident. In the case of the Deepwater Horizon oil rig disaster, the rig was worth $650 million before the accident and $26,764,083 where it lies on the floor of the Gulf of Mexico.

Passed almost 160 years ago, the Limitation of Liability Act of 1851 was initially used by vessel owners in a very different way in which it is now utilized by those who are facing litigation following an accident at sea. Originally, the United States Congress passed the Limitation of Liability Act of 1851 in order to help American vessel companies compete with European ship companies that were already protected by a similar law overseas.

While this law made some sense in the 1800s, when modern insurance policies were not available, ship owners today use the law for very different ends. Today, while judges rarely grant liability limitations to vessel owners, companies can often gain a legal edge by filing a liability limitation petition: they can stall litigation, choose a litigation venue, avoid jury trials, and generally gain more control over what may be a flood of accident and injury lawsuits related to their accident and loss.

Transocean fights victims in Houston law firm's own backyard

blog@www.maritimeaccidentattorney.com (blog Author)31556 — Thu, 13 May 2010 08:00:00 EST

In the more than three weeks since 11 workers perished in the Deepwater Horizon explosion, Brian Beckcom has urged survivors and victims’ families to practice patience before making any legal decisions.

But now, Transocean Ltd, the rig’s owner, has taken the fight to Beckcom’s backyard.

The Houston based maritime attorney’s office is literally a few minutes walk from the U.S. District Courthouse where Transocean filed a petition to limit their liability to $27 million.

“There are three reasons it’s a major deal,” Beckcom said about the petition. “First, it will potentially limit claims by shortening the statute of limitations to six months. Second, it may cause some Transocean crewmembers who otherwise have struggled to decide whether or not to stand up for their legal rights to get angry. Third, on a personal level, they are filing the petition only three blocks from my office.”

Along with being in the heart of the legal action, Beckcom has represented several Transocean workers in the past, including a young person on a platform that exploded six years ago that killed one person and injured several others off of Galveston.

“I still urge victims and their families to think carefully about decisions regarding seeking legal representation,” he said. “But with Transocean’s petition, the clock may be ticking and it is important that people at least research carefully to find qualified offshore representation instead of grabbing the first lawyer’s pen handed to them.”

Oil execs play the blame game over Gulf disaster

blog@www.maritimeaccidentattorney.com (news Author)14695 — Wed, 12 May 2010 08:00:00 EST

"I hear one message — don't blame me," said Sen. John Barrasso, R-Wyo. Tuesday as company executives pointed the finger at each other in a Congressional hearing on the Gulf oil spill.

"Shifting the blame game doesn't get us very far," he added.

Officials from BP PLC, Transocean Ltd. and Halliburton Inc. testified before the Senate Energy and Natural Resources Committee. BP, the operator of the Deepwater Horizon platform that exploded Apr 20, blamed the spill on the manufacturer of the failed blowout preventer. That company pointed the finger back, saying BP was in charge of the operation and faulted Halliburton for improperly plugging the exploratory well. Halliburton in turn doubled down the blame on BP.

The Senators expressed irritation with the execs' failure to accept responsibility for the explosion that killed 11 workers and subsequent spill that has poured over four million gallons of oil into the Gulf of Mexico.

Some Are Referring to the Gulf of Mexico as a Minefield

blog@www.maritimeaccidentattorney.com (blog Author)31416 — Wed, 12 May 2010 08:00:00 EST

There is a lot of information circulating the Internet regarding the Gulf of Mexico rig explosion, including opinions, theories and facts. One of the most recent topics has to do with the potential underwater minefield in the Gulf of Mexico.

According to some reporters, the Gulf of Mexico is the main disposal site for unexploded military munitions. It has been estimated that there could be more than 30 million pounds of projectiles, chemical ordnance and bombs. Imagine what could happen if an oil rig drilled right into one of these dangerous areas. The outcome would be catastrophic, as it could detonate one of the bombs or other munitions.

A paper that was prepared for presentation at the 2007 Offshore Technology Conference held in Houston, Texas, in 2007 stated, “Two of the latest directives from the Minerals Management Service indicate a growing concern about Unexploded Ordnance (UXO) located in close proximity to deepwater exploration and development sites within the Gulf of Mexico.”

Supposedly, the Minerals Management Service had warned oil companies about certain areas in the Gulf of Mexico, calling the locations potentially hazardous to drilling and platform and pipeline placement.

There is technology that maps out underwater hazards, including unexploded ordnance locations, but it makes you think about what can go terribly wrong if a drilling company doesn’t do the necessary research.

Transocean admits it's making money off Gulf disaster

blog@www.maritimeaccidentattorney.com (blog Author)31438 — Wed, 12 May 2010 08:00:00 EST

While the cleanup cost shoots into the billions, while Gulf Coast residents face the destruction of their livelihood, Transocean counts its money.

The owner of the Deepwater Horizon platform has revealed that it has made $270 million off of the disaster which killed 11 workers and led to over 200,000 gallons of oil per day pouring into the Gulf of Mexico.

The reason for this profit amidst human tragedy and marine destruction: a so-called “accounting gain” derived from the fact that Transocean’s $560 million insurance policy on the platform was more than the actual value of the rig. The company has already collected a $401 million payment with the balance coming in a few weeks.

One website asks how many other rigs are over-insured by Transocean: all of them or only the ones believed to be at greatest risk of blowout (i.e., ones operated by BP)?

Transocean Rig Explosion Cases to be Heard in Houston, Texas?

blog@www.maritimeaccidentattorney.com (blog Author)31462 — Wed, 12 May 2010 08:00:00 EST

A week ago, I wrote about where the lawsuits and legal claims arising out of the Deepwater Horizon tragedy would take place. My short article discussed Houston, Texas and perhaps Louisana as possible locations for the lawsuits.

Since that time, cases have been filed in Houston, Texas; Galveson, Texas, and Louisana.

BP is requesting that the cases all be heard in Houston, Texas, which is not surprising since BP, Transocean, and Halliburton have a significant presence in Houston, Texas. In fact, my firm has successfully represented clients in Houston, Texas against all three of these companies in the past.

Yesterday, we settled a maritime accident case involving a Transocean rig on behalf of one of our firm's clients that was pending in Houston, Texas.

It is way too early to predict whether all of the lawsuits from the Deepwater Horizon lawsuit will be heard in Houston, Texas, but it looks likely that at least some of the cases (if not all) will be heard in Houston, Texas, although some attorneys have indicated that they will fight to have the cases heard in Louisana.

Settlement of Lawsuit Against Transocean on Behalf of Injured Worker

blog@www.maritimeaccidentattorney.com (blog Author)31464 — Wed, 12 May 2010 08:00:00 EST

We are pleased to announce a settlement on behalf of one of the firm's clients involving an injury case against Transocean.

Our client was injured on a Transocean offshore drilling rig. He needed medical treament and underwent various surgeries.

Yesterday, we were able to obtain a confidential settlement of our client's claim against Transocean.

************************
For more information about injury cases against Transocean drilling company, please contact Brian Beckcom toll free at 877.724.7800.

Rig Explosion - Transocean Tried to Get Employees to Sign Waiver

blog@www.maritimeaccidentattorney.com (news Author)14664 — Tue, 11 May 2010 08:00:00 EST

We are all now familiar with the explosion onboard the oil rig Deepwater Horizon that claimed the lives of 11 maritime workers and left others injured. We were left with the impression that Transocean and BP were devoting 100% of their time and energy to rescuing the victims, who at that time, were thought to be missing.

So, what were they really doing? They were hard at work limiting their legal responsibility.

Following the tragedy, crewmembers, while probably in shock, should have been immediately released to see their families. Crewmembers should have been provided medical treatment beyond basic first aid.

Instead, in an attempt to protect themselves, officials from Transocean were huddling employees together and asking them to sign a waiver. While the oil rig was still engulfed in flames, efforts were being made to trick and deceive crewmembers.

The waiver that employees were asked to sign attempted to have them admit, “I was not injured as a result of the incident or evacuation.” They were also asked to admit, “I was not a witness to the incident requiring the evacuation and have no first hand or personal knowledge regarding the incident.”

You’ve got to wonder why the companies were more concerned about protecting themselves than the welfare of their employees.

If you or someone you know has been injured on the Deepwater Horizon, don’t let anyone put unnecessary pressure on you and don't sign anything. When you are ready, seek the advice of an experienced maritime attorney.

Message to BP / Transocean survivors: Don't feel trapped by your signature

blog@www.maritimeaccidentattorney.com (blog Author)31402 — Tue, 11 May 2010 08:00:00 EST

Just because you signed a waiver doesn’t mean you threw away your rights

While workers were still trying to clear their heads and have their injuries treated from the Deepwater Horizon platform explosion, Transocean and BP were trying to get them to sign their legal rights away.

In a story written by maritime attorney Brian Beckcom, learn how those companies preyed upon injured crewmembers—while the rig still burned and rescuers were looking for survivors— by asking them to sign a waiver: while they were still in shock, before they had seen their families and prior to receiving medical treatment.

See the waiver here.

If you are one of those workers who signed the document and are having second thoughts, it’s not too late to seek legal counsel to remedy the situation. Take your time and research carefully to find an attorney who specializes in offshore law and you may be able to get the justice you deserve.

Transocean Rig Workers & Their Families Should Be Commended For Taking Their Time

blog@www.maritimeaccidentattorney.com (blog Author)31297 — Mon, 10 May 2010 08:00:00 EST

Over 70 lawsuits have been filed in connection with the Gulf of Mexico rig explosion that occurred on April 20, 2010, according to Law.com. Supposedly, there are even more lawsuits in the works. This high number of lawsuits has been described as a “gusher of litigation” and a “gold rush.”

People seem to be in a panic and are feeling pressured to pursue claims right away, which is unfortunate because really, there is plenty of time. Under the federal maritime law, the timeframe to file a lawsuit is 3 years. While there are exceptions, this deadline shouldn’t be lower than one year.

Right now, everyone seems to be blaming everyone else. For the injured workers and their family members, there is still a lot of confusion. Many are being solicited by personal injury lawyers who are trying to get them to take immediate action. If that weren’t bad enough, the companies and their attorneys are allegedly requesting that waivers be signed by the workers who were aboard the Deepwater Horizon at the time of the explosion.

What many of these lawyers seem to forget, as well as the companies involved, is that this was an emotional event that claimed the lives of numerous workers. The survivors of the rig explosion should be able to deal with what has happened and receive the support of their family members in peace.

The rig workers and their families who have taken their time and have not fallen for the tricks and pressure tactics of the companies, their insurance representatives and lawyers, should be commended. I am sure it has not been easy.

Transocean Rig Explosion - Read the document workers were asked to sign

blog@www.maritimeaccidentattorney.com (blog Author)31315 — Mon, 10 May 2010 08:00:00 EST

I've said that Transocean and BP would do anything they could to limit their legal responsibility to their own employees and urged injured crewmembers not to sign ANYTHING the company gave them.

Now I can give you proof.

Click here to read the release Transocean was asking Deepwater Horizon crewmembers to sign

The workers were being asked to sign this document:

1. Before they got to see their family;

2. While they were still likely in shock;

3. While the rig was still on fire and brave people were trying to rescue other workers and put out the fire on the rig; and

4. Before the crewmembers had been given medical treatment beyond basic first aid.

You've got to wonder why Transocean and BP were so worried about their legal exposure that they would put efforts into trying to trick and deceive crewmembers while the Deepwater Horizon was still engulfed in flames?

Why weren't the companies devoting 100% of their time, energy, and effort to the rescue effort?

Special Confidential Email List for Transocean Deepwater Horizon Crew

blog@www.maritimeaccidentattorney.com (blog Author)31231 — Sun, 09 May 2010 08:00:00 EST

Over the past few weeks, I've been troubled by all of the misinformation coming out about the Transocean Deepwater Horizon Rig Explosion. I've also continued to hear stories about pressure tactics from insurance representatives, Transocean and BP intermediaries, and even lawyers claiming to want to help crewmembers of the Deepwater Horizon.

We have been receiving a lot of calls from victims and the media about what really happened and the true legal consequences of the Deepwater Horizon tragedy.

I am setting up a special Free Email Alert, exclusively for crew and family members of the crew of the Deepwater Horizon. I will provide current updates and expose any tricks or falsehoods floating around about the legal consequences and investigation of the Transocean rig explosion.

To sign up for this Free Service, just send me an email at Brian@vbattorneys.com. Once I've verified you are not working for the company, its representative(s), or another law firm, I will add you to the Free Email Alert and you will automatically begin receiving current updates on the latest status of the legal proceedings and the investigations.

Lawsuit Filed in Connection with Gulf of Mexico Rig Explosion

blog@www.maritimeaccidentattorney.com (news Author)14569 — Thu, 06 May 2010 08:00:00 EST

A lawsuit has been filed in Galveston, TX, relating to the Gulf of Mexico rig explosion that claimed the lives of 11 maritime workers and injured many others. The lawsuit was filed on Tuesday, May 4, 2010, in Galveston County Court No. 3.

The lawsuit is a result of the April 20 explosion onboard the Deepwater Horizon. The blast killed 11 workers and continues to send thousands of gallons of oil into the Gulf of Mexico daily. The oil spill threatens the coasts of Louisiana, Alabama, Mississippi and Florida.

The lawsuit names BP PLC, Halliburton and Cameron International among the defendants. The lawsuit claims that issues relating to the cement work performed by Halliburton contributed to the fiery incident. However, Halliburton insists that the work performed by the company was consistent with normal oil field practices.

BP PLC has been leasing the Deepwater Horizon for $500,000 a day from Transocean LTD. Neither company issued a comment pertaining to the recent lawsuit.

Among the plaintiffs listed in the lawsuit are Joshua Kritzer, Bill Johnson and Nick Watson. All three are residents of Louisiana.

Johnson worked for Transocean as a deck pusher onboard the Deepwater Horizon. The lawsuit claims that he suffered smoke inhalation.

Krtizer, an employee for Offshore Cleaning Systems, suffered a head injury and post traumatic distress, according to the lawsuit. The suit also claims that Watson suffered from smoke inhalation and distress.

While it seems premature for lawsuits to have already been filed in connection with the offshore rig explosion, we will be closely monitoring these cases. We are also offering a free report to those who have been affected by this tragic accident. The report, Answers to the Most Common Questions About the Transocean Rig Explosion, can be ordered on our website.

BP preying on volunteers with low ball settlements

blog@www.maritimeaccidentattorney.com (blog Author)31129 — Thu, 06 May 2010 08:00:00 EST

The Alabama Attorney General has issued a cease and desist order to stop BP from pushing settlement agreements on fishermen offering to assist in the cleanup of the Transocean disaster.

The settlements would limit claims against the company to $5,000 and prevent any more action in the future regarding the Gulf of Mexico oil spill.

The Times Pacayune reported that hundreds of local fishermen showed up in Boothville, Louisiana late last week for quick training on how they can assist in the cleanup by using their vessels and providing knowledge of local waterways.

“People need to proceed with caution and understand the ramifications before signing something like that,” said Billy King, the Alabama A.G.

BP operated the Deepwater Horizon platform that exploded and sank in the Gulf last month, triggering 210,000 gallons of oil that continue to pour unimpeded out of a runaway well.

11 workers were killed in that explosion.

Source: Yahoo News

Oil Spill from Rig Explosion May Cost More Than Valdez

blog@www.maritimeaccidentattorney.com (blog Author)31074 — Wed, 05 May 2010 08:00:00 EST

The costs involved with the cleanup effort of the oil spill that resulted from the Deepwater Horizon explosion, could exceed the costs associated with the Exxon Valdez incident. The Gulf of Mexico rig explosion occurred on April 20, 2010, off the coast of Louisiana.

The explosion onboard the Deepwater Horizon claimed the lives of 11 people and left many other workers injured.

According to some experts, it may take up to three months for BP PLC to stop the flow of oil coming from the seafloor. The oil spill threatens the coasts of Louisiana, Alabama, Mississippi and Florida. It is expected to be an economic disaster for the region, as well as a catastrophic ecological disaster.

What Injured Workers & Their Families Need to Know
This tragic oil rig accident will fall under federal maritime law. Already, there have been lawsuits filed in connection with this event. However, injured workers and their family members should not be in a hurry to pursue a legal claim. Federal maritime law provides a 3-year deadline to file a lawsuit. Even though there are some exceptions that could shorten this timeframe, it will most likely not be less than a year from the date of the explosion.

A lot of lawyer advertisements have appeared following the explosion, but it is crucial to understand that not all of these attorneys have the experience and background to handle this type of case. If you have been injured on the Deepwater Horizon, I would encourage you to order my free report, Answers to the Most Common Questions About the Transocean Rig Explosion, before you hire a lawyer or sign any paperwork.

There Have Been Concerns Over Transocean's Safety Practices

blog@www.maritimeaccidentattorney.com (blog Author)31029 — Tue, 04 May 2010 08:00:00 EST

The Wall Street Journal reported that just last year, the board of Transocean Ltd., which owns the sunken Deepwater Horizon rig that exploded in the Gulf of Mexico, didn’t pay executive bonuses due to concerns about the company’s safety practices. According to the company’s April 1 proxy, the board took this unusual action to “underscore the company’s commitment to safety.” The board felt that the executives needed an incentive to prevent accidents.

This interesting step taken by the Transocean board came after the deaths of four Transocean workers in 2009. According to the International Association of Drilling Contractors, that same year, seven workers within the industry died on offshore drilling rigs.

Transocean’s safety records will most likely come under scrutiny as investigators look into the rig explosion that resulted in 11 deaths and a massive oil spill.

Advice for Transocean Workers
There have been rumors that Transocean has already contacted the victims of the Gulf of Mexico rig explosion, requesting that they sign papers. These papers, if signed, could potentially impact the victims’ legal rights. Victims should not be pressured to sign any papers at this point or persuaded to give statements. They need to have time to be with their families and grieve the loss of their fellow workers.

If you were hurt on the Deepwater Horizon, you don’t need to be in a rush to sign anything or to even hire a lawyer. There will be plenty of time for that. Don’t let anyone put unnecessary pressure on you.

You can order a free copy of my report, Answers to the Most Common Questions About the Transocean Rig Explosion, for additional advice on what you should and shouldn’t do right now.

Deepwater Horizon Explosion Lawyer Publishes Free Report for Crewmembers

blog@www.maritimeaccidentattorney.com (blog Author)30950 — Mon, 03 May 2010 08:00:00 EST

Do you have questions about the legal rights of oil rig workers and their families impacted by the Transocean Deepwater Horizon oil rig explosion?

Maritime Law specialist Brian Beckcom has written the following report which has just been published: "Answers to the Most Common Questions About the Transocean Rig Explosion."

This report contains valuable, and free, information about the legal rights of injured oil rig workers in injury and death cases, and answers common questions about company tricks, company doctors, maintenance and cure rights, and concerns about securing financial needs for the future.

To order your copy of this report, please visit our book order page for the Transocean Rig Explosion report.

Problems Continue After the Gulf of Mexico Rig Explosion

blog@www.maritimeaccidentattorney.com (blog Author)30955 — Mon, 03 May 2010 08:00:00 EST

The problems appear to continue following the deadly blast in the Gulf of Mexico, which occurred nearly two weeks ago. On Tuesday, April 20, 2010, the Deepwater Horizon owned by Transocean, exploded. Eleven people are presumed dead and many more were injured.

According to BusinessWeek, the expanding oil spill in the Gulf of Mexico may adversely affect production of oil and natural gas in Mississippi, Alabama and Louisiana, which is a major hit considering that these states make up about 19 percent of the U.S. refining capacity. President Barack Obama has referred to the situation as a “massive and potentially unprecedented” disaster that could impact the economy in the Gulf states, not to mention jobs.

The potential issues from the Gulf of Mexico rig explosion don’t stop there. There are also concerns that the oil could lead to another fire and the spill could put off hazardous fumes, placing offshore workers at risk.

Lawsuits Have Been Filed
Lawsuits associated with the Transocean rig explosion have already been filed. While many offshore workers and their family members who have been affected by this tragedy might be in a rush to pursue legal action, there is time. This type of catastrophic rig accident falls under federal maritime law. The deadline to file a claim under this law is generally about 3 years from the accident, but there are some exceptions that could shorten this deadline.

If you were on the Deepwater Horizon at the time of the explosion or if your family member was one of the victims, you don’t need to be in a hurry to file a lawsuit. Also, at the same time, don’t let the companies that are involved put pressure on you to sign something, give a recorded statement or make a decision regarding a claim. At this point, you should just focus on being with your loved ones.

I have written a report for the injured offshore workers and their families impacted by this tragedy. You can order your free copy of The Most Common Questions About the Transocean Rig Explosion on our website.

Oops! BP up for safety award

blog@www.maritimeaccidentattorney.com (blog Author)30987 — Mon, 03 May 2010 08:00:00 EST

A federal government award in which BP is a finalist for “outstanding safety and pollution prevention” has been conveniently postponed in the wake of the Gulf oil disaster. The U.S. Department of Interior was to have announced the winner Monday but cancelled the awards ceremony because it says it needs to concentrate on efforts to respond to the 5,000 barrels of oil leaking in the aftermath of the April 20 Transocean Deepwater Horizon platform explosion and sinking two days later. A Minerals Management Service spokeswoman said she does not know which one of the three finalists is the award winner or if the environmental disaster will affect BP’s chances of winning. The other companies nominated are Exxon Mobil and Eni US Operation Co. 11 workers were killed in the Deepwater Horizon explosion.

Source: CNN

Deepwater Horizon claim forecast close to $3 billion

blog@www.maritimeaccidentattorney.com (blog Author)30799 — Fri, 30 Apr 2010 08:00:00 EST

Industry insiders expect the insurance claim for the sunken Transocean Deepwater Horizon oil platform to be between $2.5 and $3 billion.

The semi-submersible rig is reportedly valued at close to $500 million. It was built in 2001 by South Korea’s Hyundai shipyard. Its dimensions were 396 feet long by 256 feet wide and could house 130 persons.

The BP operated platform was drilling in Mississippi Canyon Block 252, better known as the Macondo Prospect, at 5,000 feet in the Gulf of Mexico approximately 52 miles from Venice, Louisiana.

The platform exploded at 10:00 p.m. April 20. 115 workers were evacuated with 17 injuries, seven of them critical. 11 other workers are believed to have been killed in the blast.

Two days later, the rig sank.

"We don't believe anything coming out of BP's mouth," say Gulf residents

blog@www.maritimeaccidentattorney.com (blog Author)30843 — Fri, 30 Apr 2010 08:00:00 EST

As the first fingers of crude oil sheen lapped the Louisiana delta shores Thursday night, Gulf Coast residents were frightened and angry.

Frightened at the potential destruction of their livelihood as an even bigger environmental disaster than the Exxon Valdez spill looms large.

Angry at the federal government and BP.

“We’re really disgusted. We don’t believe anything coming out of BP’s mouth,” said Byron Marinovitch, 47. He shares the anger of many other Gulf Coast residents at what they believe to be the slow and ineffective response to controlling the 5,000 barrels of oil leaking every day in the aftermath of the Transocean Deepwater Horizon platform explosion and sinking.

If it takes three months to drill an intervention well, as some experts are forecasting, that would nearly double the 11 million gallons spilled from the Exxon Valdez in 1989.

11 workers died in the Deepwater Horizon explosion April 20.

Source: Associated Press

Saluting some unsung heroes of the Deepwater Horizon tragedy

blog@www.maritimeaccidentattorney.com (blog Author)30845 — Fri, 30 Apr 2010 08:00:00 EST

It’s easy to be cynical at the government and corporate response to controlling what may be the beginning of the worst manmade disaster in American history. 210,000 gallons of oil are pouring into the Gulf of Mexico while the fingers of blame are pointed.

Seemingly forgotten by the media in the unfolding story is the fact that 11 lives were taken in the explosion of the Deepwater Horizon platform April 20.

Even more overlooked is the fact that 115 persons were saved that night 50 miles from Louisiana by extraordinarily unsung acts of heroism.

Some of those unsung heroes are the captain and crew of the Tidewater Damon Bankston.

The Damon Bankston is the 260-foot supply boat that sailed directly toward the inferno of flames engulfing the platform. The survivors were brought aboard from escaping capsules and plucked out of the water and onto the vessel’s long open deck.

Other heroes were the capsule captains who piloted workers away from the rig to safety.

There were the Coast Guard helicopter pilots who lifted off in the middle of the night and flew toward 50 story high pillars of flame. Their crew winched down to the water and pulled up workers who had jumped nearly 100 feet from the platform into the sea.

“You have to go out. You don’t have to come back,” is an old Coast Guard saying.

Then there was the mysterious “man in the white T-shirt.” That’s who Oleander Benton, a cook on the platform, credits with leading her safely through falling debris and raining mud to her lifeboat (read her story here).

First, Transocean. Second, BP. Who's next?

blog@www.maritimeaccidentattorney.com (blog Author)30848 — Fri, 30 Apr 2010 08:00:00 EST

Add VetcoGray to the list of companies under scrutiny in the Deepwater Horizon platform tragedy.

Who is VetcoGray? According to the Transocean website, that’s the manufacturer of the riser devices attached to the blowout preventers which failed to prevent the leaking oil estimated at 5,000 barrels per day.

Click here for a schematic view:

Another company under scrutiny is General Electric Oil & Gas, which owns the Vetco subsidiary.

Transocean owned and BP PLC operated the platform which exploded and sank last week. 11 persons died.

Oil That Seeped from Sunken Transocean Rig Reaches Louisiana Coast

blog@www.maritimeaccidentattorney.com (blog Author)30865 — Fri, 30 Apr 2010 08:00:00 EST

Just as environmentalists and safety advocates feared, oil from the Gulf of Mexico rig explosion has hit the Louisiana Coast. According to news reports, the first wave of oil reached Louisiana’s fragile wetlands on Friday, April 30, 2010. The rest of the oil spill continues to drift toward land.

The Transocean rig, Deepwater Horizon, exploded on the evening of Tuesday, April 20, 2010, causing workers to rush to safety and leaving eleven people missing. On April 22, the rig sunk into the Gulf of Mexico and started leaking oil. There have been different estimates as to how much oil has been leaking daily. One newspaper reported that 5,000 barrels of oil were seeping into the water each day.

Over 2,000 people attempted to contain the massive oil leak caused from the sunken Transocean rig. U.S. Coast Guard Rear Adm. Sally Brice-O’Hara told “Good Morning America” that the poor weather conditions hampered the cleanup efforts. Specifically, cleanup methods that included skimming the oil from the surface or lighting it on fire could not be implemented, because of the 23 mph wind, high tides and rising seas.

The oil eventually reached the coastal wetlands of South Pass, not far from the mouth of the Mississippi. However, the oil isn’t near inhabited inland areas.

What Was Halliburton's Role in the Gulf of Mexico Rig Explosion?

blog@www.maritimeaccidentattorney.com (blog Author)30870 — Fri, 30 Apr 2010 08:00:00 EST

The Huffington Post reported that Halliburton, an oilfield-services firm, may be a suspect in the investigation into the Gulf of Mexico rig explosion. The Chairman of the House Energy and Commerce Committee sent a letter to the company requesting an explanation regarding its work on the Transocean rig, Deepwater Horizon.

Drilling experts have suggested that the cause of the rig explosion could have been tied to the cementing process, which refers to plugging holes in the pipeline seal with cement. Halliburton was allegedly responsible for cementing the Deepwater Horizon.

“The initial likely cause of gas coming to the surface had something to do with the cement,” stated Robert MacKenzie, managing director of energy and natural resources at FBR Capital Markets. MacKenzie used to be a cementing engineer within the oil industry.

Some of the theories at this point include that the cement plug at the bottom of the well was faulty or that gas passed through the cement located between the pipe and well walls, because the cement hadn’t hardened correctly. It is important to note that the investigation is still in the early stages.

One lawsuit that has already been filed in connection with the offshore rig explosion claims that Halliburton “prior to the explosion, was engaged in cementing operations of the well and well cap and, upon information and belief, improperly and negligently performed these duties, which was a cause of the explosion.”

LA officials seeking volunteers to pull oil booms

blog@www.maritimeaccidentattorney.com (news Author)14413 — Thu, 29 Apr 2010 08:00:00 EST

With government officials saying there is a “high probability” of crude oil washing up on outlying Louisiana wildlife areas by Friday night, local leaders want the public’s help.

Officials in Plaquemines Parish at the mouth of the Mississippi River want to mobilize volunteers to pull booms in fishing boats to block the spill from entering coastal inlets.

The oil is on path to reach the River’s mouth and oyster grounds to the east. Hundreds of species of wildlife are also threatened.

"We've got oystermen and shrimpers who know this water better than anyone," Plaquemines Paris President Billy Nungesser said. "Hopefully the Coast Guard will embrace the idea."

The Coast Guard announced Wednesday that a new leak was discovered in the Transocean Deepwater Horizon site 50 miles offshore and raised the estimate leakage from 1,000 barrels a day to 5,000.

The Deepwater Horizon platform exploded April 20 and sank two days later. 11 workers are presumed dead. 17 were injured, seven critically.

Source: Associated Press

Watch ABC news footage of burning Gulf oil slick

blog@www.maritimeaccidentattorney.com (news Author)14414 — Thu, 29 Apr 2010 08:00:00 EST

(picture courtesy Institution of Chemical Engineers)

The Coast Guard said that Wednesday’s controlled test burn of the Gulf of Mexico oil slick was a success and will move forward en masse with the burning.

Several thousand gallons of oil were surrounded by a 500-foot boom, towed to a remote area, ignited with hand flares and burned for an hour. There will be no fires at night.

Greg Pollock of the Texas General Land Office said that the residual oil left over after the burn poses no threat to the environment “because it won’t coat an animal” and turns into a hardened ball that can easily be picked up.

Watch ABC News footage of the burn.

The arrogance of BP

blog@www.maritimeaccidentattorney.com (blog Author)30768 — Thu, 29 Apr 2010 08:00:00 EST

Company exec challenges Coast Guard, quickly backs down

When the Coast Guard announced Wednesday that the rate of oil leaking into the Gulf of Mexico had skyrocketed, BP PLC immediately issued a denial.

Not a wise strategy to scoff at an agency offering to help you with the cleanup.

Rear Admiral Mary Landry said that a new leak was discovered on the Deepwater Horizon site 50 miles south of Louisiana and 5,000 barrels a day of crude, not the 1,000 barrels of the previous estimates, were pouring out of the well 5,000 feet below the surface.

BP Chief Operating Officer Doug Suttles disputed her figures—at the very same news conference. He also claimed that the company had things under control and was able to handle the cleanup operations.

Landry countered that that it’s clear that BP is not up to the task.

"It has become clear after several unsuccessful attempts to determine the cause" that the company can no longer go solo and needs help from other sources, she said.

This morning on the Today Show, Suttles, hat in hand, admitted that the oil may in fact be leaking at the rate of the higher figures and that he welcomed the government’s offer to assist.

“We’ll take help from anyone,” Suttles said.

Louisiana wildlife officials say there is a “high probability” that the oil will reach outlying wildlife areas by Friday night.

The Transocean Deepwater Horizon exploded and sank last week. 11 workers are presumed dead. 17 were injured, seven critically.

BP CEO on the Transocean Explosion: "How the hell could this happen?" - Analysis of legal implications of statement

blog@www.maritimeaccidentattorney.com (blog Author)30773 — Thu, 29 Apr 2010 08:00:00 EST

Did he really say that?

"How the hell could this happen?" Yes, he said it.

With those words out of the mouth of the CEO of British Petroleum, Tony Hayward, all of the offshore companies involved in the operation of the Deepwater Horizon rig lost any hope of any liability defense in the civil lawsuits that are piling up against them.

Under Texas and Louisiana law, this is considered to be a statement of BP - after all, it was made by the company's CEO and thus is attributable to the company. This statement will be admissible as evidence in lawsuits involving this explosion.

But it gets worse for Transocean. Mr. Hayward went on to make statements about how the operation was all under the control of Transocean -- presumably he is saying that whatever was done wrong, was the responsibility of Transocean.

We have handled hundreds of offshore injury lawsuits. Many times, several different companies are involved in offshore operations and will share responsibility for accidents. When this happens, many times the companies start blaming each other in lawsuits.

This is already happening here -- BP is blaming Transocean for anything that went wrong. Obviously, this is not good for Transocean when its business partner in the Deepwater Horizon operation points the finger like this.

But it also is not good for BP, or for any of the other companies involved in this operation. If it is determined that more than one company shares responsibility for this disaster, then the "how the hell" statement of BP's CEO will point to them as well.

Bottom line: this statement will hover as a dark cloud over all of the companies involved in this operation, and it will be interesting to see how they try to scramble out from under its shadow.

If you have questions about the Transocean explosion, please contact us Toll Free at (877) 724-7800.

Is Transocean already trying to settle cases with victims?

blog@www.maritimeaccidentattorney.com (blog Author)30777 — Thu, 29 Apr 2010 08:00:00 EST

Yesterday I heard that Transocean, through intermediaries, was already in contact with victims of the Deepwater Horizon rig explosion and possibly their family members and was asking them to sign papers potentially releasing valuable legal rights.

This is troubling on many levels. First, it's way too early for Transocean's defense team to be pressuring victims to sign paperwork or give statements. They should be focused on stopping the environmental damage currently being caused in the Gulf of Mexico.

Second, the victims and their families deserve some time to grieve and consider their options before being pressured to sign papers.

Remember, don't sign any papers given to you by Transocean, BP, or anyone purporting to act on their behalf, at least for now, without having those papers thoroughly reviewed by someone independent.

Transocean rig did not have shutoff switch

blog@www.maritimeaccidentattorney.com (blog Author)30787 — Thu, 29 Apr 2010 08:00:00 EST

The sunken Gulf of Mexico platform that caused up to 210,000 gallons of oil to leak per day reportedly did not have a shutoff switch that could have closed off the well.

Apparently Transocean Ltd., the rig owner and BP PLC, the operator, did not believe it was necessary to have one. BP Chief Operating Officer Doug Suttles told Good Morning America Thursday that the platform relied upon other devices that should have done the job.

"They didn't do that, we don't know why they didn't do that and ultimately we will find out," he said.

Though Suttles did take some responsible “because we’re the lease holder,” he was quick to spread the blame by saying that a different company was operating the platform when the disastrous explosion occurred.

11 workers are presumed to have died in the platform explosion April 20. 17 workers were injured, seven critically.

Source: ABC News

Federal government orders immediate inspection of all Gulf rigs

blog@www.maritimeaccidentattorney.com (blog Author)30792 — Thu, 29 Apr 2010 08:00:00 EST

Amidst the oncoming threat of what could be one of the worst manmade disasters in U.S. history, the federal government Thursday ordered immediate inspections of all oil platforms in the Gulf of Mexico.

At the White House, officials said any and all means will be used to investigate the crisis, including subpoena powers.

According to the Associated Press, the government is “frustrated” in BP PLC’s failure to plug the ruptured well head which may be leaking 5,000 barrels of oil every day.

President Obama announced that “every available resource” will go to the region. The Navy is bringing 66,000 feet of booms and skimming systems.

Government officials said that the cost of the entire operation will be paid for by the oil industry and not taxpayers.

The slick could reach the Gulf shores by Friday night. It is reportedly within 15 miles of land.

The leaking well began after the Transocean Deepwater Horizon platform exploded and sank last week. 11 workers are presumed dead.

Source: Associated Press

Even federal government admits frustration with BP

blog@www.maritimeaccidentattorney.com (blog Author)30798 — Thu, 29 Apr 2010 08:00:00 EST

The federal government said Thursday that it is frustrated with BP PLC’s inability to shut off the ruptured well head in the Gulf of Mexico, the Associated Press reported Thursday.

5,000 barrels, or 210,000 gallons, of crude oil continue to leak every day from the Macondo well located about 50 miles south of Louisiana.

For days, BP, the operator of the sunken Transocean Deepwater Horizon rig, insisted it had everything under control. While new leaks were discovered and the oil slick grew larger than the square mileage of West Virginia, BP tried and failed to shut off the well with robot submarines.

Company Chief Operating Officer Doug Suttles had the audacity to disagree with Coast Guard Read Adm—at the same Wednesday news conference—with her figures of 5,000 barrels leaking. Suttles insisted that she overstated the amount five-fold.

This morning he backtracked, admitting her figure was probably correct and finally welcomed the government’s offer to assist in the cleanup.

The oil is predicted to reach land by Friday night.

11 workers died in the Deepwater Horizon explosion April 20.

Source: Associated Press

Coast Guard will light Transocean spill on fire

blog@www.maritimeaccidentattorney.com (news Author)14360 — Wed, 28 Apr 2010 08:00:00 EST

The Coast Guard will set the ocean on fire.

That’s the latest method the agency is implementing today to prevent the Transocean Deepwater Horizon oil spill from reaching the shores of the Gulf Coast.

The controlled burns would happen only in daylight and would not interfere with operations of other rigs in the area, said Coast Guard Rear Admiral Mary Landry.

It has not been decided what will be used to ignite the fire and its effectiveness depends upon the weather and ocean conditions.

"It can be effective in calm water, not much wind, in a protected area," said Louisiana State University professor emeritus of environmental sciences Ed Overton. He said current and wave action make burning at sea a tough proposition.

The National Oceanic and Atmospheric Administration (NOAA) believes that birds and mammals have a greater chance of escaping an area of burning ocean than an oil slick.

One concern is the threat of pollution but Texas Land Commissioner Jerry Patterson said that it may not pose an extreme concern being well out to sea.

The oil slick may reach land within days or it may take much longer and is forecast to move toward the north-northeast.

Source: Newstimes.com

Feds to investigate Transocean disaster

blog@www.maritimeaccidentattorney.com (news Author)14361 — Wed, 28 Apr 2010 08:00:00 EST

DHS and the Department of the Interior are launching a joint probe into the April 20 Deepwater Horizon platform explosion which killed 11 workers and forced the evacuation of 115 crewmembers. 17 were injured, seven critically.

The agencies announced that they can subpoena witnesses and hold public hearings.

Two House and Senate committees have announced they are conducting separate investigations.

BP, which leased the rig that sank two days after the explosion, said it welcomes the probe and is conducting its own investigation.

Source: Marketwatch.com & Washington Post

Coast Guard releases Transocean spill pics

blog@www.maritimeaccidentattorney.com (news Author)14385 — Wed, 28 Apr 2010 08:00:00 EST

Oil and debris in the Gulf of Mexico are clearly shown in photos released by the Coast Guard from the April 22 Deepwater Horizon sinking.

The oil approached to within 20 miles of land Monday and covered a 100 mile by 45 mile area.

Coast Guard Rear Adm. Mary Landry said that if the crude leaks from the wellhead 5,000 feet below the Gulf’s surface are not stopped it will be “one of the most significant spills in U.S. history” and could reach shore in three days.

So far, BP’s attempts to activate valves to stop the flow with robot subs have not succeeded. They intend to drill an intervention well and install a dome to catch the escaping oil but this could take weeks to accomplish.

In the meantime, 42,000 gallons of oil continue to leak every day.

11 workers were killed and 17 injured from the platform explosion last week.

See more pictures here

Photos courtesy of U.S. Coast Guard.

Coast Guard: Gulf oil leak could be "significant" in U.S. history

blog@www.maritimeaccidentattorney.com (news Author)14386 — Wed, 28 Apr 2010 08:00:00 EST

Coast Guard Rear Adm. Mary Landry said Monday that the Gulf of Mexico disaster “will be one of the most significant spills in U.S. history” if the well is not secured.

She also stated that the 100 mile by 45 mile slick could reach land by the weekend.

No one knows for sure when or if the crude will hit the Gulf Coast but it has moved to within 20 miles of Louisiana. It could even cover the white sandy beaches of Pensacola, Florida.

42,000 gallons of oil continue to leak per day from the Macondo well 5,000 feet below the surface of the Gulf resulting from the Transocean Deepwater Horizon platform sinking of April 22.

B.P., the rig’s operator, is mobilizing equipment to drill a relief well on Mississippi Canyon Block 252 and inject heavy fluids to stop the flow.

11 workers were killed and 17 injured from the platform explosion last week.

Source: Dow Jones Newswires

Gulf oil leak five times bigger than previously believed

blog@www.maritimeaccidentattorney.com (news Author)14399 — Wed, 28 Apr 2010 08:00:00 EST

Satellite photo taken Monday
(courtesy National Oceanic Atmospheric Administration)

The amount of oil leaking from the area where the Transocean Deepwater Horizon platform exploded and sank is now 5,000 barrels a day. That's over 200,000 gallons. Earlier, the Coast Guard had been reporting that the amount was 1,000 barrels a day but a new leak has been discovered.

Experts with National Oceanic Atmospheric Administration used aerial survey and other methods to upgrade the total amount of crude.

Coast Guard Rear Admiral Mary Landry says that the Department of Defense has offered to assist in the containment.

The oil has moved within 20 miles of the Louisiana coast and could reach land by Friday evening.

11 workers are presumed to have been killed from the rig explosion. 17 persons were injured, seven critically.

Source: Associated Press

Don't confuse oily water collected with actual oil

blog@www.maritimeaccidentattorney.com (blog Author)30720 — Wed, 28 Apr 2010 08:00:00 EST

In many oil spill reports, there will be the phrase “x gallons of oil water have been collected.”

Too often, this information will be skewed (often by the offending parties themselves) to make it appear that the spiller has got a handle on the cleanup.

For example, if 100,000 gallons of crude spill from an oil tanker, and 50,000 gallons of oil water have been recovered, then that means half of the crude is collected, right?

Wrong! One gallon of oily water does not equal one gallon of oil. This is diluted oil and the heavier the product, the more diluted the result. A good comparison can be coming snowfall totals into actual precipitation. Or better, comparing molasses to generic syrup.

So when you read that almost 50,000 gallons of oily water have been recovered from the Transocean Deepwater Horizon disaster, look at the big picture.

BP, are you listening?

Clear pictures of Transocean spill from space

blog@www.maritimeaccidentattorney.com (blog Author)30721 — Wed, 28 Apr 2010 08:00:00 EST

Image property of NASA

NASA has just released some satellite photos that bring to life all of the dry facts and figures you may have been reading about regarding the size and scope of the Deepwater Horizon oil spill.

So if you want to see just how close the giant and growing blob of crude is approaching the livelihood of Gulf Coast fishermen and tourist operators, click here.

Lawsuit Against Wood Group & Chevron

blog@www.maritimeaccidentattorney.com (blog Author)30732 — Wed, 28 Apr 2010 08:00:00 EST

Our firm has accepted a case on behalf of an injured employee of Wood Group who was injured on a Chevron rig in the Gulf of Mexico.

Our client suffered injuries to his head, neck, back, and left elbow when a heavy piece of equipment fell on him.

He is not receiving maintenance and cure benefits. Therefore, we are filing a legal claim on his behalf to obtain his benefits and for negligence.

***********

Brian Beckcom's firm represents injured maritime workers worldwide and is dedicated to improving offshore safety and working conditions for maritime employees. Mr. Beckcom gives away for free his controversial book about maritime injury cases, The Insider's Guide to Winning Your Maritime Injury Case.

Shuman Consulting & The Transocean Rig Explosion

blog@www.maritimeaccidentattorney.com (blog Author)30746 — Wed, 28 Apr 2010 08:00:00 EST

Not long ago, I wrote an article exposing the truth about Shuman Consulting's role in injured maritime employee claims entitled "The Truth About Shuman Consulting."

Read My Article "The Truth About Shuman Consulting."

I've recently learned that Shuman Consulting has been hired by Transocean following the Deepwater Horizon explosion in the Gulf of Mexico.

I've also learned that Shuman Consulting is asking crewmembers of Deepwater Horizon disaster to sign "Personal Effect" Releases that potentially waive important legal rights before the victims have even had a chance to complete the grieving process.

I am very aware of Shuman Consulting's role in maritime injury and wrongful death cases and how they operate. In fact, I have taking legal depositions of Shuman Consulting personnel in cases where I represented injured employees and Shuman was involved. Shuman will tell injured workers and their family members that they are an "independent" party, thus implying that they are unbiased. This is complete nonsense. Do not fall for it.

Shuman Consulting and its representatives are not working for injured offshore employees or their families. Shuman Consulting is not "independent." Shuman works for maritime employers.

Do not give a recorded statement to any representative of Transocean or Shuman, do not sign any paperwork they present to you, and do not let them trick you into thinking they are your friends or have your best interests at heart.

It is clear that the insurance companies and Transocean are already putting their legal team together in attempt to minimize financial exposure. Family members and victims of the rig explosion need to be informed of their legal rights from independent advisors or lawyers with experience in maritime cases. Taking advice from Shuman Consulting or its representatives would be a very bad idea.

Transocean rig insured for $560 million

blog@www.maritimeaccidentattorney.com (news Author)14317 — Tue, 27 Apr 2010 08:00:00 EST

Switzerland based Transocean Ltd., owner of the sunken Deepwater Horizon platform, said that the loss and wreck removal are covered.

"Transocean is committing all necessary resources to support ongoing efforts to stop the flow of hydrocarbons from the well," a company statement read.

The rig’s insured value is $560 million. The platform sits about 5,000 below the surface of the Gulf of Mexico 1,500 feet northwest of the well which is still leaking about 42,000 gallons of oil per day.

Source: Reuters

Surviving cook from rig explosion describes her journey to safety

blog@www.maritimeaccidentattorney.com (news Author)14318 — Tue, 27 Apr 2010 08:00:00 EST

She followed a mysterious “man in a white T-shirt.”

The best news—the only good news in a sea of bad news—to come out of the Transocean Deepwater Horizon tragedy so far is that 115 out of 126 workers survived.

One of them, Oleander Benton, a cook on the rig when it exploded April 20, gave an account of her flight to safety to the Associated Press.

At 10:00 p.m. Tuesday, Benton was seated in the laundry room with another worker when the lights blacked out.

Then came the explosion. The rig shuttered, debris dropped from the overhead and she hit the deck, as her training called for.

Benton, 52, described how she followed a mysterious man in a white T-shirt through rubble-strewn hallways and onto the extremely hot deck which was caked with mud that was shooting from beneath the rig.

Benton couldn’t say who this guide out of nowhere was. With 126 crewmembers working inside a structure the size of two football fields, it’s conceivable this was the first encounter they’d ever had. Still, she trusted him enough to follow.

"I could not see anything but that man. He just kept on saying 'Come this way, come that way.' It was like he was coaching me to my lifeboat, because I couldn't see," she said.

Benton made it to her lifeboat, muster was taken and it seemed to take “forever to get that boat in the water,” she recalled.

She describes her injuries as minor. However, her attorney said she suffers from post traumatic stress disorder, is having difficulty sleeping and is terrorized by nightmares. She is contemplating filing a lawsuit but has not done so yet.

Benton is one of 115 surviving workers from the platform. 11 are missing and presumed dead.

Read more here.

Source: Associated Press

BP robots failing to stop the Gulf oil leaks

blog@www.maritimeaccidentattorney.com (news Author)14327 — Tue, 27 Apr 2010 08:00:00 EST

BP will begin drilling an intervention well Thursday to relieve the pressure causing 42,000 gallons of oil to leak into the Gulf of Mexico every day. Doing so will be a $100 million project. A company spokesman said it could take up to three months to accomplish this and nearly 100,000 gallons of crude could spill into the Gulf by then.

Robot submarines have failed to activate a shutoff device on the well that was attached to the Transocean Deepwater Horizon platform 40 miles from Louisiana that exploded and sank last week, killing 11 workers and forcing the evacuation of 115 persons.

49 oil recovery vessels are working to contain the spill and pick up the oil which covers and area 48 miles long by 80 miles wide.

If the oil reaches the Gulf Coast it could wreak havoc on the shrimp and oyster trade along with tourism.

Source: Associated Press

Brian Beckcom Interviewed by HuffingPost - Transocean rig disaster case

blog@www.maritimeaccidentattorney.com (blog Author)30626 — Tue, 27 Apr 2010 08:00:00 EST

Maritime lawyer Brian Beckcom continues to provide his insight and knowledge regarding the Transocean rig disaster. He is quoted in the HuffingtonPost, a national Internet-based news organization, about the Transocean rig explosion and offshore safety in general.

Click here to read the HuffingtonPost article about offshore safety regulations.

Brian currently represents clients injured on Transocean rigs before and has close friends and relatives involved in offshore work, so he has a lot of helpful insight into the inner workings of the company's safety policies and approach to injury and wrongful death matters.

Effects of LA platform blast on victims will be traumatic and far reaching

blog@www.maritimeaccidentattorney.com (blog Author)30637 — Tue, 27 Apr 2010 08:00:00 EST

Like those coming out of a war zone, the traumatic effects of the Transocean Deepwater Horizon disaster upon the survivors may not be fully known for a long time.

Of the 115 who made it out of the inferno alive, some were transported to area hospitals with immediately discernable injuries to their physical being. A few of them suffered serious burns.

Others, though, waved off medical attention. Maybe they felt relatively well without any noticeable burns, breaks or sprains. For them, the best prescription was to get their feet back on dry land and rest with their families and loved ones.

But in the week following the April 20 explosion, some workers have discovered that they are not nearly as well off as they initially thought.

One of them is Oleander Benton, who worked as a cook on the platform. Benton, 52, is suffering from post traumatic stress disorder, has difficulty sleeping at night and is terrorized by nightmares. She described her harrowing escape to safety to the Associated Press.

Crewmembers Had Little Time To React When the Deepwater Horizon Burst Into Flames

blog@www.maritimeaccidentattorney.com (blog Author)30658 — Tue, 27 Apr 2010 08:00:00 EST

It is hard to imagine what it must have been like for the crewmembers aboard the Deepwater Horizon, which exploded in the Gulf of Mexico just last week. Harrowing tales have begun to surface regarding the event and what the survivors had to contend with.

As soon as the blast occurred, there was little time to react. Crewmembers had to take immediate action, as battery-powered lighting illuminated the offshore rig. They were told that they had to evacuate and abandon the ship.

Even though it is one’s hope that something like this never happens, these crewmembers were prepared for such an event. They knew what actions needed to be taken, as crewmembers boarded lifeboats, which were promptly lowered to the water. Some workers weren’t able to get to the boats fast enough and did what they could to survive. They jumped into the water that was about 80 feet below. As a result, there were numerous broken bones reported.

Once the boats were in the water, the search continued for workers. Men were pulled out of the water near the rig that was now engulfed in flames. There were reports that some of the plastic fittings on the lifeboats melted due to the immense heat from the fire.

While 115 workers made it to safety, 11 have been unaccounted for. Our prayers continue to go out to these missing workers and their families.

Fishermen and tourist operators fearing loss of livelihood from Gulf spill

blog@www.maritimeaccidentattorney.com (blog Author)30661 — Tue, 27 Apr 2010 08:00:00 EST

No one is certain when of if the crude oil leaking into the Gulf of Mexico from the Transocean Deepwater Horizon disaster will reach land. Experts say it could be as soon as late in the week or possibly never depending upon weather and currents.

Gulf Coast residents are understandably worried.

"This is the worst possible thing that could happen to the Mississippi Gulf Coast," said Louis Skrmetta. He runs Ship Island Excursions which takes tourists to the barrier islands of the Gulf Islands National Seashore 10 miles south of Gulfport, Mississippi.

"It will wipe out the oyster industry. Shrimping wouldn't recover for years. It would kill family tourism, that's our livelihood," he said. His family has run the business since 1926.

The oil slick covers an area of 48 miles by 80 miles and is moving north and spreading east. Some experts believe it could wash up as far east as the white beaches of Pensacola, Florida.

11 workers are presumed dead and 115 persons were evacuated from the Deepwater Horizon explosion last week. The rig sank two days later.

Source: Associated Press

Insurers Prepare for Major Loss From the Transocean Rig Explosion

blog@www.maritimeaccidentattorney.com (blog Author)30663 — Tue, 27 Apr 2010 08:00:00 EST

An estimated $30 million in cleanup costs have been incurred, following the Gulf of Mexico rig explosion. BP has already spent this amount, as it has been cleaning up the oil spill that resulted from the sinking of the Deepwater Horizon, owned by Transocean.

While a Transocean executive initially said that the company thought a blowout caused the horrific offshore rig explosion, many news sources are now saying that the cause is not known. One thing that the news media seems to agree on is that 11 of the 126 people onboard the Deepwater Horizon are still missing and are presumed dead. The Coast Guard evacuated 17 workers, seven of which were critically injured.

Insurers are preparing for a major loss due to the Transocean rig explosion. The Deepwater Horizon claim could be as high as $3 billion, according to some industry experts. Just the rig alone was valued at $500 million. Transocean’s annual report stated that the company carries $950 million in third-party liability coverage.

The Deepwater Horizon was constructed in 2001 by South Korea’s Hyundai shipyard. The rig is 396 feet long and 256 feet wide, according to Transocean.

Maritime Attorney Brian Beckcom Interviewed by Huffington Post

blog@www.maritimeaccidentattorney.com (news Author)14286 — Mon, 26 Apr 2010 08:00:00 EST

How safe is the offshore industry? Do companies put production over workers’ safety? How many offshore rig accidents go unreported? These questions are among the many that reporters have been asking maritime attorney Brian Beckcom.

The Huffington Post recently interviewed Mr. Beckcom about the catastrophic oil rig explosion in the Gulf of Mexico. Last week, Deepwater Horizon, a rig owned by Transocean, burst into flames from what is believed to have been a blowout. Eleven people were never found and many more were injured in the blast.

Offshore rig workers are exposed to hazards on a regular basis. According to Mr. Beckcom, workers are often scared to report safety violations for fear of being blackballed in the industry. Since the offshore industry is relatively small, workers are concerned that their careers could be impacted, if they refuse to do work that they feel is a safety risk. As a result, some offshore rig accidents go unreported

This offshore rig accident is not the first for Transocean. “I have represented a number of injured workers employed by Transocean, including one who was injured in a similar rig fire and explosion in Galveston several years ago. It seems clear to me that Transocean's safety record needs to be carefully examined by an independent panel of experts. A company-led investigation is probably not enough,” said Mr. Beckcom.

Brian Beckcom has authored a book written specifically for maritime workers. The book, Insider's Guide to Winning Your Maritime Injury Case, is being offered for free to any victim of the Transocean rig explosion and any family member of a victim.

Gulf oil slick spreads to 600 square miles

blog@www.maritimeaccidentattorney.com (news Author)14288 — Mon, 26 Apr 2010 08:00:00 EST

Satellite pictures reveal that the Gulf of Mexico oil slick doubled in size from Sunday to Monday.

Experts say the oil could reach the shores of the Gulf Coast from Louisiana to Florida within one week.

"In the trajectory analysis we don't see any impact to any shoreline within the next three days," Charlie Henry of the National Oceanic and Atmospheric Administration (NOAA), said, trying to sound more optimistic.

Environmentalists fear this could be the worst oil disaster in the U.S. since the 1989 Exxon Valdez spill.

The oil is escaping from two leaks in a riser connecting the wellhead onto the Transocean Deepwater Horizon platform that exploded and sank late last week. The rig is believed to be intact nearly one mile below the surface and still holds almost 700,000 gallons of diesel.

BP PLC, which leased the rig, is using robot submarines in an attempt to close valves but If the robots don’t succeed the company may drill an intervention well.

However, doing that might take several months.

11 workers from the platform are missing and presumed dead.

Source: Yahoo News

Gulf oil slick now larger than Rhode Island

blog@www.maritimeaccidentattorney.com (news Author)14305 — Mon, 26 Apr 2010 08:00:00 EST

The spill flowing from the Transocean Deepwater Horizon wellhead grew to 1,800 square miles Monday afternoon, an area larger than the state of Rhode Island.

The slick measures an area of 48 miles long by 39 miles wide. It is moving north and spreading east and has moved to within 30 miles of the Chandeleur Islands . It is feared that the oil could wash up as far east as the white beaches of Pensacola, Florida.

BP PLC, which leased the sunken platform, has been deploying robot submarines to trigger valves to halt the leaks 5,000 feet under the Gulf of Mexico about 40 miles south of Louisiana. Company officials say that they will not know until at least Tuesday if this strategy is successful.

If it is not, a relief well will be drilled but that could take several weeks to accomplish.

Approximately 1,000 barrels, or 42,000 gallons of oil, are leaking every day.

11 workers are missing and presumed dead from the platform that exploded April 20 and sunk two days later.

Source: Associated Press

Two Fishermen Share Their Account After Gulf of Mexico Rig Explosion

blog@www.maritimeaccidentattorney.com (blog Author)30523 — Mon, 26 Apr 2010 08:00:00 EST

In a WGNO ABC26 News exclusive, two fishermen, who were some of the first to pull Transocean rig explosion survivors out of the water, shared their stories.

“About 9:45 PM we saw what appeared to be kind of a fire on the rig then we heard a big explosion about 20 seconds later,” said lifelong fisherman, Scott Russell. The other fisherman who witnessed the Gulf of Mexico rig accident, Bradley Shivers, added, “It sounds like sonic booms coming across, if ever hear a jet, sonic boom. I mean just rumbling, 17, 18 miles away, its pretty frightening to hear that sound from that distance.”

Both men said that they thought they had encountered just about everything on the ocean, until they witnessed the rig explosion in the Gulf of Mexico last week. It is presumed that 11 people lost their lives in that blast and many more were injured.

According to the two fishermen, within 25 minutes of the deadly blast, they started discovering people in the water who were clinging on to life rafts. Russell described the scene as chaotic and said, “there were some people hollering, some people just in shock and couldn’t say anything.”

Russell and Shivers stayed around the scene until about 3:30 AM. They were waiting until every single person was rescued from the water before they returned to what they had been doing prior to the explosion – fishing for tuna.

115 People Saved in Special Lifeboats Following Transocean Rig Accident

blog@www.maritimeaccidentattorney.com (blog Author)30525 — Mon, 26 Apr 2010 08:00:00 EST

Lifeboats are crucial safety devices on offshore vessels, but the hope is that you never actually have to use them. However, when the Transocean rig exploded in the Gulf of Mexico, these lifeboats provided safety for 115 people.

The government requires certain specifications on lifeboats, including that they are crafted of fire retardant material, use diesel engines that can go about 6 knots and incorporate special sprinkler systems.

Offshore rigs have enough lifeboats on both sides of the vessel, so that if it lists to one side or the other, there are still enough lifeboats for everyone. Once survivors are inside a lifeboat, the hatch is closed and it is lowered on cables down to the water. Each boat is self-righting, meaning that if a giant wave turns it over, the craft will come right back up.

Survivors of the catastrophic Gulf of Mexico rig explosion said that they only had about 5 to 10 minutes to exit the rig. You can only imagine how terrifying those minutes following the blast had to be, as men scrambled to evacuate the rig and board these lifeboats. Witnesses to the rig explosion described the scene as chaotic and said that men were hollering from the water.