Seaman Attorney Blog

Huntsville Ala injured offshore workers: Don't say "it's my fault"

Thu, 09 Feb 2012 08:00:00 EST

If you are a seaman from Huntsville, Alabama who was injured on the vessel, do not say “it was my fault.” Taking the blame can harm your ability to receive fair compensation for your injury.

This happened to a fishing vessel crewmember who hurt his ankle when his leg was caught in the coil of a line as he attempted to make the vessel fast to a piling in the locks. He filed a Jones Act claim blaming his injury on the captain’s negligence and vessel unseaworthiness due to the alleged unsafe condition of the rope.

In ruling against him, the jury was swayed by the captain’s testimony that the plaintiff told him right after the accident that it was caused by his own “dumb, stupid mistake.” His own words gave added weight to the defense witnesses who testified that the rope was in good working condition and that the captain safely maneuvered the vessel into the lock. Read about the case here.

Some people are fair to a fault and their first instinct is to automatically take responsibility for an accident they were involved in. Later on they may discover there was an unknown, unsafe condition and by then their incorrect self-blame will be used against them.

Any initial statements after the accident should deal with making sure you and any other injured persons receive medical attention.

If you're from Hunstville, seek the counsel of a maritime attorney if possible before answering any questions about the cause of the accident to make sure your own words are not used against you later.

Order our free consumer report “Top 10 RED FLAGS On Attorney Websites That Tell You Who NOT To Hire” here.

Jackson Miss. mariners may receive compensation even if you are at fault

Wed, 08 Feb 2012 08:00:00 EST

If you are an injured seaman from Jackson, Mississippi and you believe you share in the blame for the cause of the accident, you do not have to give up the hope for receiving compensation.

Under the doctrine of comparative negligence, even if a seaman’s own actions played a role in the accident, a favorable jury award is possible.

To support this we cite Williams v. Bresea, Inc. (1974). In this case, a federal appeals court ruled that “a seaman may not be contributorily negligent for carrying out orders that result in his own injury, even if he recognizes possible danger.”

An example would be if you are ordered to secure the vessel with a visibly frayed line and it parts.

In Simeonoff vs. Hiner and Hiner (2001), another federal appeals court ruled that a fisherman whose foot was crushed while making repairs to the vessel was eligible for full compensation even though he knowingly and carelessly placed himself at risk working with unsafe equipment because he was following a supervisor’s orders.

But a seaman cannot always expect to receive full damages if their own negligence played a role in the accident. For example, the employee may only receive half of the damages if the negligence was shared with the employer. This is different than conventional shore law where an injured worker receives no damages of they are found 51 percent or more negligent.

If you are a commercial fisherman, platform worker or merchant seaman from Jackson and you were injured on the job or in some way victimized by the company, our Board Certified maritime attorneys are available to give you a free consultation. Call us at 877-724-7800. Please order one of our free consumer reports such as “How to Hire the Best Maritime Attorney for Your Case” through the links at the top of this page.

Two Divers Hospitalized With Scuba Diving Injuries

Wed, 08 Feb 2012 08:00:00 EST

On Sunday, two people were sent to the hospital after a diving accident in Ocean Ridge, Florida.

Five people were aboard the “Deeper”, a diving boat based in Boca Raton. The vessel was three miles out in the ocean during the time of the incident.

A diver in his fifties had a heart attack while he was nearly sixty feet beneath the water. One of the divers tried to rescue him but instead suffered decompression sickness when he panicked and tried to tell the captain in a hurry.

Decompression sickness happens to divers if they ascend to the surface too quickly. Ascending too quickly will cause gas to supersaturate and form bubbles in tissues depending on time and depth of the dive.

A woman who was also diving went down for the rescue and eventually brought him back to the surface where he was transported to Bethesda Hospital. The other diver who suffered from decompression was sent to St. Mary’s Medical Center.

The captain of the boat had no comment, but one of the crewmen says that this was the first accident to happen aboard the boat.

If you feel that you have been victim to a negligent diving accident that could have been prevented, you have legal rights for damages. The lawyers at V&B have settled millions for our clients, for more information visit our Case Results page.

Our website is loaded with free information that will answer all your questions. For a free consultation, contact our offices today. 888-473-1258.

One Hospitalized And One Arrested After Dangerous Ski Boat Accident

Wed, 08 Feb 2012 08:00:00 EST

An Australian man was hospitalized when he was thrown from a ski boat being driven by a driver who was extremely intoxicated.

Four young men were riding their 6-meter-long vessel on the Myall Lakes Broadwater, just north of Sydney, around 9pm on Saturday. The boat crashed into a maritime navigation marker.

Upon impact, a 24-year-old man was thrown into the water and was rescued a short time later with difficulty breathing.

The boat was taken to a nearby resort and the injured man was taken to the hospital for treatment to his chest, facial cuts, and a broken tooth.

After the crash, police from Manning Great Lakes Local Area Command and Marine Area Command attended the scene and conducted injuries to all the parties.

The 25-year-old driver was given a breath test and returned a reading of 0.147. He was arrested and taken into custody.

If you feel that you or a loved one has been injured due to negligence on the water, you have legal rights to damages. We have designed our website with you in mind.

Our website is updated on a daily basis with free information that will help you answer all your questions. Contact our offices today for a free consultation. 888-473-1258.

Federal appeals court reviews seaman's lawsuit against Omega Protein

Wed, 08 Feb 2012 08:00:00 EST

A Jones Act lawuit filed by an injured seaman against Omega Protein Inc. went to the Fifth Circuit Court of Appeals last month.

This is the fourth time in seven months that the Houston-based company has been named as a defendant in a Jones Act case, according to the legal docket site Justia.com.

If you or someone you love has been injured working on an Omega Protein vessel, contact the Board Certified maritime lawyers of Vujasinovic & Beckcom PLCC for a free consultation. Like Omega, V & B is based in Houston.

Avondale Louisiana seaman files Jones Act lawsuit for injuries off of Nigeria

Tue, 07 Feb 2012 08:00:00 EST

An offshore worker from Avondale, Louisiana has filed a Jones Act lawsuit against his employer for injuries allegedly suffered off the coast of Nigeria, reports the Louisiana Record.

Jessie Love claims the accident occurred while working as an instrumentation technician for Brittania-U Nigeria Ltd. According to court documents, he was directed to work on an oil production platform. While boarding the platform his leg was caught between the crew boat and a ladder which allegedly resulted in permanent and serious injuries.

Love accuses Brittania-U Nigeria of failing to provide medical treatment.

He seeks compensation for permanent physical impairment and disability, pain and suffering, loss of wages and wage earning capacity, medical expenses and punitive damages.

Though the accident occurred off of Nigeria the case was filed in Louisiana on Jan. 25.

Engineer's maintenance and cure award against Chet Morrison is upheld in appeals court

Tue, 07 Feb 2012 08:00:00 EST

A vessel engineer who filed suit against employer Chet Morrison Contractors, Inc. after being hospitalized had his maintenance and cure award upheld in a federal appeals court.

The crewmember was treated for ulcerative colitis, a liver condition and diabetes and did not return to work following hospitalization. He filed a claim against Chet Morrison for failure to pay him maintenance and cure.

The trial court awarded him the maintenance and cure. The employer challenged the “cure” portion under the “collateral source rule” which bars admission of evidence that damages would be compensated from an outside source such as health insurance. However, the Fifth Circuit Court of Appeals upheld the award.

Source: Hawaii Ocean Law.com

Pascagoula seamen benefit from doctrine of comparative negligence

Fri, 03 Feb 2012 08:00:00 EST

Ashore, in many cases if an injured worker was over 50-percent negligent, that person will not be awarded damages in court.

On the other hand, a jury can award damages to a Pascagoula mariner even if the person’s own actions contributed to the accident.

This is known as the doctrine of comparative negligence (also non-absolute contributory negligence). The damage amount is determined upon the degree to which the seaman’s own negligence contributed to the injury.

Sometimes, a seaman will even be awarded full compensation if they contributed to the accident. For example, a federal court once awarded a fisherman full damages for a severe foot injury—even though he carelessly put himself at risk by using defective equipment—because he was acting under his supervisor’s orders.

If you are a seaman from Pascagoula or elsewhere on the Mississippi coast who may have contributed in some manner to your injury, don’t think you have no case. Our firm may still be able to get you compensation by proving there were other factors responsible for your accident.

A seaman's neck injury treatment options

Fri, 03 Feb 2012 08:00:00 EST

Oftentimes a mariner’s neck muscle injury may seem far worse than it is due to the pain but these types of injuries generally don’t require extensive medical treatment. They can be addressed by applying ice or heat and with over-the-counter analgesics. Frequently these injuries will even improve with no treatment over time.

A neck bone injury is more serious business which requires surgery or bracing. A serious neck spinal injury like a fractured cervical vertebrae (“broken neck”) has symptoms that may include breathing problems, neck pain and paralysis. It may even lead to death.

A fracture is commonly repaired by fusing the damaged vertebrae onto another one like a splint. A broken vertebrae may be taken out and replaced by a bone graft. Treatments for broken vertebrae include immobilization, splinting and physiotherapy. The recovery process for a broken neck can be lengthy.

Read more in “What Ocean Springs Ms. seamen should know about neck injuries.”

Oil record violations impact Alabama ship engineers

Fri, 03 Feb 2012 08:00:00 EST

Horizon Lines, Inc. has agreed to plead guilty to two counts of providing false oil record-keeping entries for a containership, the company reported in a press release. This has implications for engineers from Alabama.

Under the agreement with the U.S. Justice Department, Horizon will pay a $1 million fine and contribute an extra $500,000 to the National Fish & Wildlife Foundation to be used toward environmental community service programs. Moreover, it will serve three years of probation and implement an environmental compliance program.

The violations involved wrongful use of the oily water separator (OWS) and deceptive record entries on the Horizon Enterprise which ran on the West Coast-Hawaii trade. An OWS separates oil from wastewater to no more than 15 parts per million before it is pumped overboard.

This case is the latest evidence of the federal government cracking down on the long practiced industry secret of doctoring oil record books and bypassing the OWS.

For years companies have gotten away with discharging slops directly into the sea either because they could not find a port to take them, the OWS did not work properly or to save on discharge fees.

In recent years the Coast Guard has been much more vigilant in enforcing vessel pollution compliance by fining companies and imprisoning crewmembers.

If you are an engineer from Alabama and the office or a supervisor pressures you to break pollution laws, you stand a good chance of losing your license and going to prison.

What Ocean Springs Ms. seamen should know about neck injuries

Thu, 02 Feb 2012 08:00:00 EST

If you’re a deckhand or other offshore worker from Ocean Springs, MS, you run the risk of suffering from neck injuries. Their severity can range from nagging irritation, numbness of legs and arms, shoulder pain and debilitating pain that can prevent you from pursuing your livelihood.

Typical vessel-related neck injury causes include:

•   Falling to the deck
•   Being struck by a falling object
•   Heavy lifting. Read about a worker who injured his neck while moving a gangway here.
•   Commercial diving into unknown waters

Specific injuries causing neck pain include:

•   Whiplash. This is from an impact that violently jerks the head around. It’s believed to be the most common type of neck injury.
•   Spinal cord damage. This may cause paralysis or death.
•   Vertebral fracture. This may result in spinal cord damage, paralysis or death.
•   Disk injury. Heavy lifting may strain nerves in the neck which can shoot pain all the way down to the legs.
•   Nerve pinch. Burners or stingers shoot intense pain that quickly disappears.

The board certified attorneys of Vujasinovic & Beckcom are ready to speak with you about your neck condition. We can help seamen from Ocean Springs and Mississippi receive fair compensation. Contact us for an initial consultation at 877-724-7800, free of charge.

Birmingham Maritime Lawyer: Is Costa Concordia Captain a Scape Goat?

Thu, 02 Feb 2012 08:00:00 EST

On January, 13, 2012, the 4,200 passengers and crew of the Costa Concordia set sale for Mediterranean cruise. On the first night, ship Captain Schettino steered the massive ship close to the Tuscan island of Giglio. The ship struck a rock which then ripped a gaping hole in the side of the boat. Tragically, at least 16 cruise ship deaths would soon follow, with many more still missing.

Both the media and the ship’s owners, Costa Cruises, have been quick to imply that Captain Schettino was at fault for the crash and subsequent deaths and maritime injuries. The Captain, however, implies that he was obeying the requests of Costa Cruises officials. So who is to blame for this tragedy? The following are some key aspects to the debate:

The Captain states that a manager of Costa Cruises pressured him to maneuver close to the shore
The Captain reports that the rock did not show up on his instruments
Costa Cruises has admitted that ships have travelled close to shore in the past in an effort to “enrich the product”, but claim this is only done under safe conditions
Costa Cruises denies that Captain Schettino’s actions were authorized, stating travelling that close to shore at that speed is not safe
Costa Cruises has suspended the Captain
Records have proven that the company authorized a very similar cruise ship route as recently as August 2011

Regardless of who is ultimately to blame, this tragic accident ended in a devastating loss of life.

If you or a loved one was injured in a cruise ship accident, it is essential that you contact a Birmingham maritime lawyer to represent your rights. The attorneys at Vujasinovic & Beckcom, P.L.L.C. are experienced representing injured cruise ship passengers. For more information and a free consultation, call (877) 724-7800.

45% of Harrison County Miss seafarers doze off on watch, study says

Thu, 02 Feb 2012 08:00:00 EST

Over four out of every ten mariners from Harrison County, Miss. and elsewhere fall asleep on watch, a new study says.

The findings were released Feb. 1, 2012 in a report named “Project Horizon—a Wake Up Call.” It was backed by a number of UK-based organizations including the Marine Accident Investigation Branch, Bureau Veritas and the Standard P& I Club.

The study placed 90 experienced engineers and deck officers in engine room, bridge and cargo simulators ashore to simulate realistic seagoing routines as well as evaluating decision-making performances.

The participants stood simulated watches between 64 and 90 hours over a seven day period. Up to 45% of the participants on some of the teams were subject to at least one period of “microsleep,” a word used to describe falling asleep for up to 30 seconds. Most of those instances occurred during nighttime and early morning hours.

Different watch schedules were studied and it was revealed that the six hours on/off watches gave subjects significantly less sleep than those who stood four on/eight off schedules.

Though the study took place at universities in the UK and Sweden, the results can be applied to seamen on any vessel, whether on the Gulf of Mexico or North Sea.

This study was originally reported in Lloydslist.com.

Hercules Offshore uses near human tragedy for business PR

Wed, 01 Feb 2012 08:00:00 EST

There is a press release on the Hercules Offshore company website about a fire that forced the evacuation of 27 workers from its liftboat Mako on Jan. 16.

Only two sentences in the release are devoted to the evacuation and condition of the workers who were fortunately safely transported off the vessel with no major injuries reported. But imagine the shock and horror they experienced being roused in the middle of the night while their vessel was engulfed in flames 150 miles off the coast of Nigeria. For many of these workers who may suffer from the effects of PTSD for years to come, the nightmare only began when they fled the burning ship.

After those two sentences about the evacuation, most of the remainder of the article is strictly business. At least two-thirds of the release focuses on the vessel’s insured value and on Hercules’ company profile.

At least the writer had the decency not to focus on how the fire affected Hercules’ share price.

Hercules is frequently in the news as a defendant in worker injury cases. Read here.

Oceaneering International hit with shoulder injury lawsuit

Wed, 01 Feb 2012 08:00:00 EST

A crewmember employed by Oceaneering International Inc. has filed a lawsuit against the company after suffering an injury to his shoulder.

David Thomas was a seaman aboard the DSV Ocean Project. DSV stands for Diving Support Vessel. According to court documents filed on Jan. 20, the injury occurred on Oct. 27, 2011 while the vessel was conducting commercial diving operations in the Gulf of Mexico, the Louisiana Record reports.

The company is accused of negligence for furnishing an unsafe workplace, unsafe equipment and an improperly manned vessel.

Thomas seeks compensation for medical expenses, maintenance and cure and loss of wages.

Oceaneering International is based in Houston.

Oceaneering International named as a defendant twice in 8 days

Wed, 01 Feb 2012 08:00:00 EST

For the second time in just over a week, and the ninth time in seven years, Houston-based Oceaneering International has been named as a defendant in a lawsuit suit. The cases have been filed in Texas, Louisiana and California.

The most recent case against it was filed Jan. 20 when a crewmember suffered a shoulder injury during commercial diving operations in the Gulf of Mexico.

If you’ve been injured on an Oceaneering International vessel or believed you've been victimized by the company in any way, seek an experienced maritime law firm at once.

BP cleanup vessel cited as unseaworthy in injury lawsuit

Wed, 01 Feb 2012 08:00:00 EST

Workers who became ill or injured in the 2010 BP oil spill cleanup are still coming forward to ask for justice.

One of those workers recently filed a negligence lawsuit after serious injuries from being thrown onto the deck of a boat.

Victoria Sanchez was working for defendant American Pollution Control Corp. on July 13, 2010 aboard the cleanup vessel No Gas II that was conducting operations for the Deepwater Horizon response efforts and Gulf oil spill. She claims that she was tossed to the deck while deploying boom material and suffered serious physical and mental injuries. No further details on the injuries were provided in the Louisiana Record report of the case.

Her case file lists accusations against American Pollution Control including failure to provide a safe working place, providing an unseaworthy vessel with improper equipment and failure to maintain or provide equipment.

Sanchez seeks compensation for pain, disability, mental anguish, loss or earnings and earning capacity, and maintenance and cure.

This lawsuit is a reminder of the problems that plagued the BP “Vessels of Opportunity” program in the months after the Gulf oil spill. There were scores of fishermen and other workers in the cleanup effort who came down with symptoms including nausea, burning eyes, severe headaches and rashes. Read about this in our blog library here.

If you or a loved one has been injured or became ill while working in the Gulf oil clean up or as part of the BP Vessels of Opportunity program, contact a maritime law firm at once, before the statute of limitations expires.

One of the biggest risks of commercial diving

Tue, 31 Jan 2012 08:00:00 EST

As a firm that represents injured divers, we at Vujasinovic & Beckcom PLCC are very familiar with the dangers of the profession. If you or a family member has been hurt on a commercial dive, decompression sickness is something you need to be aware of.

Decompression sickness (DCS) is also known as the bends, caisson disease or divers’ disease. It’s caused by dissolved gases forming into bubbles inside the body. The greatest risk occurs when divers make deep or lengthy dives. Multiple dives during the same day or repeated back-to-back dives also increase the risk of DCS.

Symptoms include headaches, fatigue, confusion, dizziness, amnesia, rashes, joint pain, muscle weakness, coughing up blood, unconsciousness, paralysis and death.

DCS signs frequently appear immediately upon surfacing but may not be noticed until anywhere from 15 minutes to 12 hours post-dive. There are even instances of the first signs appearing 24 hours after surfacing. Divers are warned not to fly within 24 hours after diving. Divers are advised to take one day off after two or three consecutive days of diving.

Treatment for DCS includes breathing pure oxygen and drinking plenty of fluids. The more extreme symptoms require the divers to spend five or six hours in a decompression chamber.

Dive tables help divers stay safe by showing them how far down they can descend and how long they can remain at a certain depth. Nevertheless, a diver can still get DCS even with dive tables.

Read about a current decompression sickness lawsuit in our blog library here.

Read our article “Diving Injuries – Are Diving Injuries Covered Under the Jones Act?” for additional information on the rights of injured divers. If you or a loved one has suffered decompression sickness or other diving injury, contact the Board Certified attorneys at Vujasinovic & Beckcom PLCC either through our website or by calling (713) 224-7800 or (877) 724-7800.

Ensco named in 50 court cases since 2006

Tue, 31 Jan 2012 08:00:00 EST

Ensco Offshore Company is listed as a party in court cases 50 times between Oct. 7, 2004 and Dec. 28, 2011, according to Justia.com.

Ensco is a multinational oil and gas services company with an office in Houston. They operate a large number of drill rigs, jack-ups and semi-submersibles off the U.S. coast and around the world.

The number of times they have been involved in litigation has increased each of the last three years. Here is the number of cases filed per year:

2011: 13
2010: 6
2009: 5
2008: 2
2007: 13
2006: 5
2005: 4
2004: 1

Read about a case filed against Ensco in Jefferson County Tx Court on Jan. 24, 2012 in our blog library here.

If you’ve been injured or had your rights violated working for Ensco, there are three good reasons why it makes sense to consider Vujasinovic & Beckcom PLCC to represent your case.

1)   Many of the cases against Ensco are filed right here in Texas.

2)   Our firm is also based in Houston. We are located only 10 miles from their office.

3)   Our accident attorneys Vuk Vujasinovic, Brian Beckcom and Curtis Bickers are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Board certified means an attorney has proven special skill in a certain area.

Order one of books on our website on protecting your Jones Act rights and we will send it to you free of charge.

Hercules Offshore named as defendant 59 times last four years

Tue, 31 Jan 2012 08:00:00 EST

Hercules Offshore is frequently in the defendant’s chair.

According to the court docket website justia.com, the offshore energy vessel operations company has been listed as a defendant in court cases 59 times since 2004. Here is a yearly breakdown:

2011: 3
2010: 13
2009: 15
2008: 8
2007: 10
2006: 6
2005: 2
2004: 2

Over half of those cases were filed under “Marine Personal Injury,” “Jones Act,” and “Diversity.” Many of those cases were filed right here in Texas, others filed in Louisiana and Mississippi.

Hercules is like a hydra, with many heads including: Hercules Offshore Inc,, Hercules Drilling Company, Hercules Liftboat Company, Hercules Offshore Services, Hercules Offshore International, and other entities.

There are reasons why injured offshore workers should strongly consider letting our law firm handle their cases against Hercules.

For one thing, the Board Certified attorneys of Vujasinovic & Beckcom have represented clients injured working for Hercules Offshore. We are very familiar with their strategy to deny their employees Jones Act rights.

We understand the size of the opponent we’re going up against: they are a large corporate entity, operating 65 liftboats, 42 jackup rigs, 17 barge rigs, two semi-submersibles, and one platform rig.

Moreover, the Hercules Corporation headquarters is in Houston just 8 miles from our offices which means many of the lawsuits against them are heard in courtrooms in our own backyard.

Read about a Jan. 16 blaze that forced 27 workers to evacuate a Hercules liftboat here.

Lake Charles offshore workers may be compensated even if at fault

Mon, 30 Jan 2012 08:00:00 EST

A Lake Charles, La. seaman can receive a jury award even if their own actions were a factor in causing the injury, under the doctrine of comparative negligence. We cite two cases here.

In Simeonoff vs. Hiner and Hiner (2001), the Ninth Circuit Court of Appeals in San Francisco ruled that a fisherman was entitled to full compensation after his foot was badly damaged while making repairs because he was following a supervisor’s orders. This despite the fact that he recklessly and knowingly put himself at risk while using faulty equipment.

In Williams v. Bresea, Inc. (1974), the Fifth Circuit Court of Appeals in New Orleans ruled that “a seaman may not be contributorily negligent for carrying out orders that result in his own injury, even if he recognizes possible danger.”

However, there are times when a seaman’s negligence is taken into account in the judgment. If the negligence is found by the jury to be equally shared with the employer, the seaman will be awarded half of the damages. This differs from typical shore-based law where, if an injured worker’s negligence exceeds 50-percent, he or she will not receive damages.

Gulf Coast seaman files neck injury lawsuit

Mon, 30 Jan 2012 08:00:00 EST

Allied Marine Services has been hit with a personal injury case by a seaman who suffered disabling neck injuries on the job.

Plaintiff George B. Creamer was assigned as a crewmember on the M/V Allied Elevator No. 1. On May 17, 2009, while manually moving a gangway to connect the vessel to the shore, he suffered disabling and serious injuries to his neck, according to his suit reported in the Louisiana Record.

Allied faces numerous allegations of negligence including: failure to properly follow safety precautions, failure to inspect the vessel and deck for deficiencies, failure to properly train, supervise and notify workers about known hazards and failure to inspect equipment for deficiencies.

Creamer is asking for compensation for physical pain and suffering, disfigurement, mental and emotional distress and anguish, medical expenses, loss of income and earning capacity, and maintenance and cure.

Louisiana deckhands: what the Italian cruise ship lawsuits teach you about selecting the right Jones Act lawyer

Mon, 30 Jan 2012 08:00:00 EST

What do a Houma deckhand, a LOOP worker and a passenger on the capsized Italian cruise ship Costa Concordia have in common? Using the wrong maritime lawyer can tank their cases.

A New York law firm announced it is going to file a single lawsuit in Miami on behalf of “a number of injured passengers” who were aboard the Costa Concordia, reports Fox News.com.

The ship’s operator, Carnival Corporation, is based in Miami.

However, legal experts argue that a major roadblock exists in filing a lawsuit in the U.S. because the fine print on the back of passenger tickets says lawsuits must be filed in the nation that the vessel is based. Costa Cruises’ headquarters is in Genoa, Italy.

If the court decides the U.S. is not a proper venue, valuable time will be lost in seeking justice for the passengers, not to mention raising and then dashing their hopes.

There will be significant challenges for the plaintiffs should their case end up in the Italian court system which requires passengers to post 10% of the award up front. So if a passenger seeks $2,000,000 in damages, $200,000 must be posted immediately. Then another $200,000 to $300,000 in Italian attorney’s fees will be paid over the next four or five years before the case goes to a jury, Coral Gables, Fla. attorney Gabrielle D’Alemberte wrote in the Miami Herald.

What does this have to do with the Houma deckhand and LOOP worker? It is an example of the complexity of maritime law and the importance of finding an attorney who will file in the proper venue and under the proper maritime division, i.e. Jones Act instead of LHWCA.

In 2010, we wrote about a tug worker’s Jones Act lawsuit that was invalidated because it was filed in the wrong venue, the statute of limitations had expired and because of a typographical error.

If you live in Houma or work on the LOOP and are injured on the job, call the Board Certified Maritime Attorneys of Vujasinovic & Beckcom for a free consultation at 877-724-7800. Feel free to order one of our consumer reports on protecting your legal rights that are available on this site. We will send it to you free of charge.

Aries Marine named as a defendant a dozen times since 2004

Mon, 30 Jan 2012 08:00:00 EST

“Aries Marine places a high priority on individual safety. We make every effort to insure a healthy workplace. We are committed to continually improving the effectiveness of our training programs and fulfilling safety requirements.”

---From the Aries Marine Corporation website.

Yet, the Lafayette, Louisiana-based company has been named in 19 lawsuits since 2004, including 12 as a defendant, according to the court docket website Justia.com.

Aries owns and operates a fleet of 30 vessels in the Gulf of Mexico including jack-ups and supply boats.

If you’ve been injured or wrongfully terminated by Aries Marine, we can help you receive the Jones Act justice you deserve. Call us toll free at 888-473-1258 to set up a free initial consultation with one of our Board Certified maritime attorneys.

Attention Birmingham AL seamen: we can help you get compensation for your injuries

Mon, 30 Jan 2012 08:00:00 EST

If you are from Birmingham, Alabama and work on a vessel in navigable waters, let the Board Certified attorneys of Vujasinovic & Beckcom PLCC lead your injury case against your employer.
Maritime law is complex in part because of a confluence of state, federal and international laws as well as a variety of vessel registries, classes, management companies and owners. We will make sure your case is filed in the proper venue, is well within the statute of limitations, names the correct defendants and we will go after the right cause of action.

Order our free consumer report “The Insider’s Guide to Winning Your Maritime Injury Case.”

Call us at 877-724-7800 to schedule a free consultation with one of our Board Certified maritime attorneys.

Montgomery Ala seamen: loose lips can sink your injury case

Mon, 30 Jan 2012 08:00:00 EST

Message to mariners from Montgomery, Alabama: if you are injured or involved in an accident on the vessel, do not say “mea culpa.” Taking the blame may seem like the noble thing to do. But it can have grave consequences for any future legal action you may take.

Any well intended words can and will be used against you by the company’s lawyers.

This is exactly what happened to a seaman who injured his ankle on a commercial fishing vessel when his leg was caught in the bight of a line used to secure the vessel. The plaintiff filed a Jones Act claim citing negligence of the master and unseaworthiness of the vessel.

After the accident, the seaman reportedly said it was caused by his own “dumb, stupid mistake” and that it was not caused by unsafe working conditions or equipment.

The Fifth Circuit Court of Appeals cited his own words to support its ruling against his negligence claim. Read the case Moore v. Omega Protein, Incorporated, here.

The message to be taken away from this case: plead the fifth when it comes to your opinion of the safety of the vessel equipment and working conditions until you are able to speak with a qualified maritime attorney.

Order our free consumer report “The Insider’s Guide to Winning Your Maritime Injury Case.”

Best Jones Act Attorney for You Can Determine Your Rights for Damages

Sun, 29 Jan 2012 08:00:00 EST

If you are a seaman who suffered a maritime injury, you may be entitled to collect damages which are directly related to your accident under the Jones Act. Whether or not you qualify as a seamen under the Act is a fact-based determination. An experienced Jones Act attorney will assist you in evaluating the circumstances of your accident and determine whether you may have a claim.

What damages might an injured seaman recover in an action brought under the Jones Act? Potential damages include:

unearned wages
lost wages, past and future, including fringe benefits
medical expenses
damages for personal injury, including pain and suffering, disfigurement, impairment, and loss of enjoyment of life

To prove your claim for damages, the best Jones Act lawyer will likely utilize:

testimony of your treating physicians to address past pain and suffering
witnesses to testify as to how the pain and suffering has impacted your daily life
professional medical testimony to show whether the pain will continue in the future and whether it will improve, worsen, or stay the same
testimony of expert economists to predict the value of future lost wages and fringe benefits, factoring in pay raises

Fringe benefits include meals, retirement benefits, health insurance, and disability insurance.

If you are entitled to damages the calculation of exactly how much requires the expert analysis of the best Jones Act attorney. The attorneys at Vujasinovic & Beckcom, P.L.L.C. are experienced representing injured maritime workers. For more information and a free consultation, call (877) 724-7800.

When Does a Crew Member Need a Maritime Lawyer?

Sat, 28 Jan 2012 08:00:00 EST

When you are injured working on a vessel of any kind, your rights under the Jones Act and general maritime law are clear. You can claim maintenance, cure and lost wages for an injury you receive on the job. The Jones Act protects you in all cases.

But how do you know if you need a maritime lawyer? We would urge you to contact a legal expert any time you are injured, but here are some specific signs that you need a lawyer:

Your injuries are serious and require a good deal of medical attention. Directly following an accident onboard, you cannot know what the future holds. You may require surgeries, an extended hospital stay and rehabilitation. For these reasons alone, you need to contact an experience maritime lawyer to protect your rights.
You are contacted almost immediately by your employer’s insurance company and offered a settlement. This is the oldest trick in the book. Soon after your injury, you don’t yet know how serious your injuries are and whether or not you will need ongoing medical care. That is exactly when company insurance adjustor pops in to offer you less than you deserve and save the company money.
You do not understand maritime law. The laws governing crew members are complicated and very different from general U.S. law. To full protect yourself, it is much better to hire a lawyer who specializes in maritime law and can take your case to the best possible result.
You are asked for a recorded statement of your accident and injury story. Here is another trick insurance companies use. If they can get you to say the things they want to hear, it can really hurt your case. Never agree to this without consulting a maritime lawyer.
You are afraid you will be blacklisted if you complain about the negligence causing your injury. By getting legal advice before trying to prove negligence, you will be protected from this very real fear. A good maritime lawyer can protect you not only now, but also in the future.
Your bills are piling up and you do not have any way to pay them. If you have waited a while before consulting legal advice, you may well be facing huge amounts of medical costs. Don’t wait any longer to get help.
You are injured overseas and are not sure of your rights. Depending on what company you work for, what flag is displayed on your vessel and what your vessel’s mission is, you may well be protected by maritime law. There is only one way to find out. How? You guessed it. Contact a lawyer.

No matter how scary contacting a maritime lawyer may seem at first, your rights as a crew member are fully protected. So when one or more of the conditions listed above happen to you, your best bet is to involve a maritime lawyer.

Vujasinovic & Beckcom, located in Houston, are the very best lawyers for crew members who work on a ship anywhere in the world. Although our firm is located in Texas, we represent clients throughout the United States and around the world. Give us a call toll-free today at 877-724-7800 to see what we can do for you.

What injured Vicksburg tug workers should know before talking to their employer's insurance adjuster

Fri, 27 Jan 2012 08:00:00 EST

If you’re a deckhand on the river in Vicksburg or elsewhere in Mississippi and you were hurt on the vessel, you could end up being questioned by your company’s insurance adjuster.

Be careful how you handle the experience. Even if the interviewer seems nice, consider the session to be an interrogation designed to get you to say something you will later regret if you decide to pursue a settlement or legal action.

This does not mean to give only your name, rank and serial number. Be honest about the details of the accident and the nature of your injuries. However, be careful in answering questions about whether you’ve had previous injuries and medical treatment. Rather than saying “no,” it is better to say “I am not sure” or “to the best of my knowledge, no.” Because even if you made an honest mistake and forgot that you did suffer a similar injury years ago, your character will be assassinated in court.

Do not try to hide your medical past because the insurance company will look through your medical records with a fine tooth comb. They are highly trained and experienced in rooting out any information on file. We have heard of investigators visiting every hospital in the area of an injured worker’s home with an authorization to go through records.

To help prepare yourself in dealing with your employer’s insurance company or to visit the doctor after an injury, order one of our many free books and reports.

Injured working on a Diamond Offshore platform? We can help.

Fri, 27 Jan 2012 08:00:00 EST

Diamond Offshore Drilling Inc. may operate its fleet of semi-submersibles down in Brazil. But if you’ve been injured on one of their vessels, our firm can help you get the justice you deserve.

You see, the company is based in Houston. So are we. Diamond has been a defendant in Houston courtrooms before. Our firm has represented many plaintiffs in those cases. In fact, an employee injured on one of their vessels was recently awarded $4.9 million by a Harris County jury.

Houston is regarded as one of the most worker friendly Jones Act jurisdictions. With so many offshore companies based here, the judges are very familiar with the unique nature of maritime law and with the dangers inherent to vessels.

Companies like Diamond will often try to hide behind flagging their vessels under Marshall Islands registry.

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

Feel free to order one of our many books and reports and we will send it free of charge.

Ensco hit with Jones Act unseaworthiness lawsuit

Fri, 27 Jan 2012 08:00:00 EST

A seaman who suffered a pulmonary embolism in a vessel crane accident has filed a negligence lawsuit against employer Ensco Offshore Co.

The alleged incident occurred on Sept. 16 aboard the jack-up drilling rig Ensco 99. Plaintiff Joseph Irvin, a deck foreman, strained his groin and suffered a hernia while trying to attach a pallet jack to a crane, his lawsuit states. After being immobilized from the pain, Irvin developed deep vein thrombosis which led to the embolism.

A pulmonary embolism is a blockage of the main artery of the lungs or a branch caused by a substance carried through the bloodstream from another part of the body, according to Wikipedia. Symptoms may range from difficult breathing, chest pain, and even death.

His case was filed in Jefferson County, Tx, and accuses Ensco of being negligently responsible for the injuries.

He seeks compensation for pain, mental anguish, disfigurement, lost wages, medical expenses and court costs.

The story was reported in the Southeast Texas Record.

Former BP worker sues for wrongful termination over Mississippi shore cleanup

Fri, 27 Jan 2012 08:00:00 EST

A whistleblower lawsuit has been filed by an ex-BP employee who was allegedly fired for speaking out on the company’s cleanup of the Mississippi coastline after the Gulf oil spill.

August Walter of Covington, La., alleges the company dismissed him for voicing concerns that it was not following environmental regulations and was “picking and choosing what oil to pick up,” the Associated Press reported.

According to his federal suit filed on Jan. 20, Walter claims a BP supervisor manipulated shoreline cleanup data and did not provide the Coast Guard accurate information of what substances had to be cleaned.

Walter was involved in developing the cleanup strategy in the state of Mississippi.

BP took “short cuts” and one company official allegedly said only tar balls and not smaller debris would be picked up, claims Walter’s lawsuit.

"This was all based on money and had nothing to do with actually cleaning up the oil,” his lawsuit states.

A BP spokesman says the company does not believe the allegations but will conduct an investigation.

Pensacola seamen need to be amateur investigators on the vessel

Wed, 25 Jan 2012 08:00:00 EST

If you’re an offshore worker out of Pensacola and the Panhandle, nobody needs to tell you how dangerous your workplace is. It’s a dangerous enough world out there without being compounded by worry. The last thing you need out on the platform or on the supply boat is to live in constant fear of a Deepwater Horizon explosion or being crushed between the piling and the boat in rough seas.

It does make sense to bring a scientific approach to the workplace. By this we mean getting yourself into the habit of taking mental notes of any questionable practice or safety item. It’s a good habit to carry around a notebook in your front or back pocket and write down as many details as possible. Write down the following: direct quotes from a co-worker or supervisor, exact weather conditions, sea state, time and date, latitude and longitude. Really, any pertinent details you can think of. If the unsafe condition is an ongoing unresolved situation, keep a running log. Take pictures.

Why follow this practice of keep a written log? Because if you ever need to file a lawsuit or are named in one, having a detailed story will work greatly in your favor.

We at V & B represent offshore workers from the Panhandle and all along the Gulf Coast. Feel free to order one of our many books and reports and we will send it free of charge.

Diamond Offshore worker unable to support family gets justice in court

Wed, 25 Jan 2012 08:00:00 EST

30-year-old Mississippi resident JP Upton had been unable to support his wife and 1-year child after being seriously injured working on a semi-submersible owned and operated by Diamond Offshore Drilling Inc.

A jury recently awarded him $4.9 million in compensation in his lawsuit against Diamond for its gross negligence and unseaworthiness.

Upton suffered injuries to his left arm, spine, ribs and other areas of his body in an accident on the vessel Ocean Yorktown on Mar.10, 2010.

Upton was assisting in the installation of a compensator. During the operation, he had to get in a riding belt which was suspended in the air. The belt malfunctioned and he was thrown 20 feet onto the deck. He laid unconscious for 25 minutes.

Diamond was guilty of not providing proper training.

The vessel was operating in Brazilian waters.

Diamond Offshore Drilling is based in Texas.

If you’ve been injured working for Diamond Offshore Drilling, visit an experienced Gulf Coast maritime law firm to get the justice you deserve.

Source: The Ghostly Galleon.com

Cal Dive International named in decompression illness lawsuit

Wed, 25 Jan 2012 08:00:00 EST

Houston-based Cal Dive International is being sued for negligence for injuries to one of its commercial divers.

Plaintiff Roger Cook says he suffered damage to his inner ear and vestibular system caused by central nervous system decompression illness during a commercial dive Nov. 16, 2010. The incident in question occurred while he was employed by the defendant as a seaman aboard the Pipelay/Bury Barge Lone Star.

Cal Dive is accused of negligence for failure to implement a safe dive plan, lack of sufficient tools and manpower for the job, and failure to provide proper medical treatment.

The plaintiff seeks compensation for disability, injuries, medical expenses and maintenance and cure.

The story appeared in the Louisiana Record.

TWIC Attorney Offers Advice on Getting a TWIC Card

Wed, 25 Jan 2012 08:00:00 EST

Many new maritime workers must apply for and receive a Transportation Worker Identification Credential (TWIC) card in order to begin work. The procedure seems pretty clear-cut, but problems can arise. One report estimated that 10,000 maritime workers lost their jobs as a result of these problems.

The TWIC program was developed in response to the Maritime Transportation Security Act of 2002. It provides the biometric identification necessary for those workers who require unescorted access to secure port facilities and vessels.

Each applicant for a TWIC card must:

Complete a pre-enrollment process, which is done either online or by telephone.
Locate the nearest enrollment center.
Schedule an appointment at an enrollment center for an application review with a TSA representative.
Provide documents such as a driver’s license, social security card, merchant marine documents and/or passport.
Be fingerprinted and have a digital photograph taken.
Pass a Transportation Security Administration background check for any security threat.
Pay a $132.50 fee.
Wait 6-8 weeks for the card to arrive.

When all goes well, this will be the last time you have to worry about your card. But, problems do arise. Some of these have included:

Understaffed and hard to find enrollment centers.
Difficulty getting questions answered.
Problems with the technology of biometric fingerprint identification system. One major stumbling block is the inability of the card reader to work correctly. In April of 2011, up to 26,000 TWIC cards were encoded improperly and wouldn’t work.
Inaccurate background checks that uncover crimes never committed.
Unfair denials.

If you are a Gulf Coast maritime worker experiencing problems with your application for a TWIC card, call a Houston TWIC attorney today. Vujasinovic & Beckcom can unravel the red tape and get you on the job. Call our toll-free number at 877-724-7800 for a free consultation.

We urge Biloxi seamen to give full medical disclosure

Tue, 24 Jan 2012 08:00:00 EST

It is crucial that seamen from Biloxi and all over Mississippi give a complete disclosure of your medical history when signing aboard the vessel.

One reason is that your company will not hesitate to come after you following a workplace injury. They will dig through your medical records to find anything which could discredit you, even if it has absolutely nothing to do with the cause of your injury.

This is standard industry practice, not just a random event. We at V & B have received reports of insurers who send someone to every hospital in the area of an injured worker’s home with an authorization looking for medical records. Some time ago, one of our clients was hammered on some very old injuries, and even drug treatment he received, from over 10 years prior. So the employee’s insurance company was trying to set him up to look like a villain instead of a victim. They should have applauded him for getting his addiction under control.

An even more important reason to fully disclose your medical history is that it could save your life one day. Lack of knowledge of any medications you may be taking could get in the way of emergency responders trying to treat you. Because if God forbid your condition were to suddenly incapacitate you, medical providers will have a record of what you’re taking.

For information about disclosing your medical history please feel free to order one of the firm’s many free books and reports, which will be delivered to you immediately, free of charge.

Former Diamond Offshore employee posts on "scapegoating, cover-ups, whistleblowing and manslaughter"

Tue, 24 Jan 2012 08:00:00 EST

The website The Ghostly Galleon.com appears dedicated to making the public aware of Diamond Offshore Drilling Inc’s culture of “scapegoating, cover-ups, whistleblowing and manslaughter,” which is the title of one of the articles on the site.

Other prominent articles on the site include “Understanding the Jones Act- A Discussion on Diamond Offshore’s Dirty Tricks Department” and “Obstruction of Justice at Diamond Offshore.”

The site discusses a number of accidents on Diamond vessels including one on Christmas Day, 2007 where a “third party electrician badly in need of offshore training” almost capsized the Ocean Whittington after accidently kicking open a ballast valve in the control room. Another story is about a $4.9 million jury verdict for a seaman who suffered serious injuries after malfunctioning equipment knocked him 20 feet onto the deck of the Ocean Yorktown. There is also an account of a new-hire whose leg was amputated in an auger because of a lack of training.

The author of these articles claims to have been a former safety / paramedic with Diamond who was the victim of a wrongful termination as a result of being a whistleblower of the company’s shoddy safety practices.

Through numerous articles supported with vast details, the author makes the case that Diamond routinely covers up their failure to provide proper training to new hires in order to lower their exposure to monetary claims for negligence.

While we cannot verify the veracity of the author’s allegations of cover-ups and scapegoating, it is a well-documented fact confirmed by a quick Google search that Diamond Offshore has been a defendant in many lawsuits.

Diamond operates a large number of semi-submersible platforms under Marshall Islands registry off the coast of Brazil. It is a Houston-based company.

If you were injured working for Diamond Offshore Drilling, contact an experienced maritime law firm at once.

Injured seaman files legal action against Cal Dive

Tue, 24 Jan 2012 08:00:00 EST

A seaman has filed an injury lawsuit against employer Cal Dive International Inc.

Plaintiff Louis Palanek claims the company failed to prevent him from taking unnecessary risks when his supervisor instructed him to pull up a mass of tangled hoses out of the water and onto the vessel Cal Dive II.

The case file states that the weight and strain of lifting the nest of hoses resulted in injuries to his back. The incident reportedly occurred during operations off the Texas coast on Oct. 16.

Palanek filed the case Jan. 17 in Jefferson County District Court. He alleges Cal Dive negligently failed to train and supervise its workers and failed to provide a safe working environment.

He seeks compensation for pain, disfigurement, impairment, mental anguish, and past and future medical expenses.

The story was reported in the Southeast Texas Record.

Cal Dive has been named as a defendant in personal injury cases many times over the years. Read about it here.

Best Safety Tips for Avoiding a Mobile Crane Accident Injury

Mon, 23 Jan 2012 08:00:00 EST

Taking the proper steps to prevent an Alabama crane accident is important for all maritime workers. Cranes injure not only the crane operators, but also the operator’s co-workers and innocent bystanders. The following is a list of helpful safety tips to protect maritime workers.

What injuries are caused by mobile crane accidents?

Crane injuries can include:

Burns
Brain injuries
Spinal cord injuries
Bone fractures
Amputations
Internal organ injuries
Lacerations
Severed nerves
Blinding injuries
Fatalities

To prevent these injuries, maritime workers, crane operators, and ship owners should observe the following safety measures:

Wear hard hats in the vicinity of the crane
Always use seat belts
Wear visibility vests
Obey posted speed limits
Obey traffic control devices
Be aware of your surroundings
Be sure that the crane operator knows where you are located at all times
Avoid loops of wire or rope in the cargo rigging
Understand where the blind spots are on a crane
Be alert while working around a crane
Wait until the crane operator acknowledges that he sees you before walking near the crane
Ensure that crane operators are properly trained to operate the equipment
Keep crane operators up to date on crane safety signal updates

By observing these safety measures, the financial, mental, and emotional burdens of crane injuries can be prevented. If you or a loved one was involved in a mobile crane accident, consult with an offshore attorney. For more information and a free consultation, call (877) 724-7800.

Offshore Lawyer Outlines Victim Rights Following Crane Accidents

Mon, 23 Jan 2012 08:00:00 EST

If you or a loved one was injured in a Mobile crane accident, you likely feel overwhelmed by what to do next. Fortunately, an experienced Alabama offshore attorney can guide you through the legal process and ensure that your rights are fully protected following the accident. What are the legal rights of Mobile crane accident victims?

1. Longshore and Harbor Worker’s Compensation Act

This federal law protects dock workers, longshoremen, and harbor workers. It was passed with the goal of providing benefits following an injury, including a percentage of average weekly income, medical benefits, and employment rehabilitation services.

2. Longshore and Harbor Worker’s Compensation Act, Section 905(b)

In addition to the other protections afforded by this Act, Section 905(b) allows for a claim for damages to be brought against the non-employer owner of a ship if the owner caused the injuries in question.

3. Jones Act

The Jones Act covers the injured victim if he or she is the master or member of the crew of the vessel. The Act allows victims to bring a claim for damages against any of the following:

Ship owner
Captain
Crewmembers

It permits damages for maintenance and cure, past and future lost wages, disfigurement, impairment, and loss of enjoyment of life.

4. Product liability claim

The injured maritime worker may have a product liability claim against the manufacturer of the crane if it is determined that the product design or malfunction caused the injury.

5. Third-party claims

Following the crane accident, the injured victim may be entitled to damages from third parties other than those covered by Section 905(b). These potential claims allow the victim to recover full compensation for the injuries incurred.

For more information and a free consultation from an experienced offshore attorney, call (877) 724-7800.

Mississippi offshore workers: we've represented clients against Diamond Offshore

Mon, 23 Jan 2012 08:00:00 EST

Board Certified attorney Brian Beckcom has represented injured workers against Diamond Offshore Drilling Inc. many times, and has won judgments against the company.

Even if you live in Mississippi, it makes sense to let a Houston maritime attorney like Brian represent you because Diamond’s office is also in Houston and many of the lawsuits against them are heard in Harris County,Tx.

If you’ve been injured working for Diamond, consider having Brian as your advocate. Read his bio here.

Also, feel free to order one of our many books and reports on our website and we will send it free of charge.

Cal Dive named as a defendant in 40 cases the past 7 years

Mon, 23 Jan 2012 08:00:00 EST

Cal Dive International Inc. is listed as a defendant 40 times in personal injury cases between Oct. 7, 2004 and Dec. 28, 2011, according to Justia.com.

If you’ve been hurt working for Cal Dive, there are three good reasons why our firm can help you get the Jones Act justice you deserve:

1) Like Cal Dive, we are based in Houston. That means the courtroom is in our backyard.

2) We have represented clients against them before so we are very familiar with their strategy.

3) Our accident attorneys Vuk Vujasinovic, Brian Beckcom and Curtis Bickers are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A Board Certified attorney is an attorney who has demonstrated special competence in a particular field and whose competence has been certified by the Texas Board of Legal Specialization.

Two Cargo Ships Sank In Philippines' Most Dangerous Waters

Sun, 22 Jan 2012 08:00:00 EST

This weekend, two ships sank off the cost of the Philippines.

The MV Sun Spirit, a Panama-registered cargo ship was traveling off the Philippines’ eastern seaboard Sunday, heading for China. The vessel was carrying iron ore and fourteen injured crew members.

It is unclear what caused the accident, but according to officials, accidents have been happening more frequently in these waters. The country’s eastern side facing the Pacific Ocean has extreme turbulent waters that are often unpredictable.

The entire crew has been rescued from the MV Sun Spirit, according to the coast guard.

The next day, a domestic cargo ship carrying 35,000 bags of cement, 9,000 liters of diesel fuel, and 18 human lives sank in central Philippine waters after a floating log punctured its hull.

All crew members abandoned the ship before it went down and are all accounted for.

Given the fact that Mother Nature can often be extremely underestimated, deckhands and fishermen who work on turbulent waters are risking their lives every day. It is no surprise that maritime deaths are happening more frequently, especially in International Waters.

The people who run big corporate companies, who mostly are safe and sound in their offices, often times neglect proper safety for the workers who are going out and doing the dirty work. V&B has dealt with these kinds of companies and we know how they operate.

Our vast amount experience has helped settle millions of dollars for our clients and we can do the same for you. If you have been injured on a vessel that has been traveling in domestic or international waters, you have rights.

Visit our website for free information that will help you answer your questions. We believe that knowledge is power. Let us help you feel more secure about your situation.

Contact our office for a free consultation, toll free: 888-473-1258.

Chet Morrison hit with $2 million seaman injury lawsuit

Sun, 22 Jan 2012 08:00:00 EST

A seaman who reportedly suffered serious injuries after the captain’s poor boat handling threw him overboard has filed a lawsuit against Chet Morrison Contractors.

Plaintiff Charles H. Parson claims the event occurred on July 23, 2010 when he was working as a deckhand aboard the M/V Caroline Morrison, reports the Louisiana Record.

While trying to tie off the stern onto an offshore platform, Paxson alleges the captain throttled the vessel forward without warning and he fell overboard.

He managed to swim to a leg of the platform and hold on until crewmembers pulled him back aboard the vessel.

Parson’s lawsuit seeks $2 million in compensation for disability, physical and emotional injuries, loss of wages and the ability to earn a living, maintenance and cure, and other damages.

If you’ve been injured working for Chet Morrison Contractors, contact an experienced maritime law firm immediately.

Transparency: Working With an Alabama Maritime Attorney

Sat, 21 Jan 2012 08:00:00 EST

Often, the sign of an excellent attorney is the extent to which he or she provides transparency about his or her experience dealing with Alabama maritime injuries. This transparency provides potential clients with information about the attorney’s past, legal style, and experience level. If a lawyer wants a financial or written commitment prior to releasing any of this information, potential clients should be wary of moving forward with that particular professional.

How do maritime attorneys demonstrate a policy of transparency with their clients?

By offering information about their past Alabama maritime law verdicts
By listing prior Alabama maritime injury settlements for potential clients
By providing potential clients with access to firsthand reviews from prior clients
By offering an initial meeting that provides legal advice without requiring a fee agreement or deposit

If a lawyer does not offer this information readily and in an easily accessible manner, it could be a sign of the following:

Lack of extensive experience in this field of law
Lack of familiarity with Alabama maritime law
A history of dissatisfied clients
A poor track record obtaining successful verdicts and settlements on behalf of clients

To learn more about successful Alabama maritime representation, contact an experienced maritime attorney for a free consultation. Call Vujasinovic & Beckcom, P.L.L.C. at their toll free number (877) 724-7800.

Texas Asbestos Exposure and Maritime Lawsuits

Sat, 21 Jan 2012 08:00:00 EST

Maritime work in Gulf of Mexico shipyards and onboard vessels has its share of hazards, but one we do not always recognize is asbestos exposure. We tend to think that asbestos is a problem of the past. Actually, asbestos-related diseases continue to rise. In fact, unsafe exposure to asbestos has always existed and still exists in the workplace today.

Asbestos exposure has long been known to cause serious health problems. As many as one out of every 125 men over the age of 50 in the U.S. die of asbestos-caused diseases, according to government mortality records and epidemiological studies.

The main diseases caused by asbestos are:

Asbestosis: A widespread scarring of the lungs that develops 20-40 years after exposure. Symptoms, which increase over time, include shortness of breath and coughing. Smoking worsens the condition.
Mesothelioma: A cancer of the pleura (lung tissue). The only cause for this cancer is exposure to asbestos.
Other cancers: Besides affecting the lungs, asbestos also causes cancer of the gastrointestinal tract, kidneys, larynx, upper throat and gallbladder.
Pleural Disease: A non-cancerous inflammatory condition characterized by hardening and/or thickening of the tissue lining the lungs.

Even though OSHA began stricter regulations for asbestos exposure in 1994, workers are still in danger of inhaling dangerous amounts of asbestos fibers. Why? Here are a few reasons:

The use of asbestos has never been completely banned in this country.
It doesn’t require a whole lot of inhaled asbestos to cause serious illness.
In 1986 OSHA itself estimated that one of every 300 American workers will develop a lung cancer from exposure to legal limits of asbestos.
In 1997, a study concluded that one in 200 workers exposed to asbestos even at the “safe” level during their career will develop a lung cancer.
The same 1997 study projected that another one in 500 will develop asbestosis.
In 2004, a federal government OSHA report estimated that 1.3 million American workers are exposed to asbestos.

If you suspect you are one of the many victims of asbestos exposure, you should seek the advice of a doctor. You need to be diagnosed; many medical treatment options are available to you.

You should also explore your legal options. The Texas maritime lawyers of Vujasinovic & Beckcom can advise you of your rights and options. Call us today toll free at 877-724-7800 to set up your free consultation.

Mississippi seaman awarded $4.9 million in negligence case

Sat, 21 Jan 2012 08:00:00 EST

Texas-based Diamond Offshore Drilling Inc. was ordered by a jury to pay $4.9 million to a Mississippi seaman injured on one of its semi-submersible platforms.

JP Upton, 30, filed a negligence suit after receiving serious injuries to his spine, ribs and left arm aboard the Ocean Yorktown on Mar. 10, 2010 in operations in Brazilian waters.

Upton was hurt while assisting in the installation of a compensator after being ordered to get into a riding belt which suspended him in the air.

He was subsequently thrown 20 feet in the air when the equipment malfunctioned. The impact from hitting the deck knocked him unconscious for 25 minutes.The defendant was found guilty of gross negligence and unseaworthiness due to lack of proper training.

Less than a month later, two persons were killed and two critically injured following an accident on another Diamond vessel in Brazil, the Ocean Ambassador.

Source: The Ghostly Galleon.com

North Carolina Woman Sues Chaparral Boats Inc. After Losing Her Arm

Sat, 21 Jan 2012 08:00:00 EST

A North Carolina woman named Deondra Scott lost her arm by a boat propeller on Lake Norman. Scott has now filed a lawsuit against the boat’s driver, owner, and manufacturer, Chaparral Boats Inc.

On June 25th, Lake Norman was having the most crowded event of the year called the “Lake Bash” party. Scott was one of many attendees on the lake and was aboard the 24-foot long vessel which was driven by Dennis Allen, who had rented the boat from David Orzolek. Allen had never driven a boat before.

Scott was swimming near the boat when her arm gave way to the propeller’s pull and was chopped off. Witnesses jumped in the water to help her, she was injured so badly she could not swim to the surface.

But here’s the question. Why would the boat’s owner, David Orzolek, rent his boat out to someone who has never driven a boat nor knows the proper safety features related to the boat?

The lawsuit not only charges Allen and Orzolek with negligence, but it accuses Chaparral Boats Inc. of a design defect and claims that they fail to warn it’s retailers.

The suit continues to say that the vessel has various features which promote swimming in the water directly behind the boat. Allen did not have the skill or experience to handle a motorboat in a public area, especially during an event.

In fact, Allen was so panicked that he put the boat in reverse, causing the propeller to hit Scott a second time!

Orzolek also failed to provide adequate instruction to Allen in case of an emergency as well as other important factors, such as weight limits. The vessel was only able to hold fourteen passengers, on the day of the accident sources have said there could have been up to twenty. Only eleven life jackets were on board that day – not enough for everyone.

Though the amount of damages Scott is asking for has yet to be released, we do know her medical bills are in the hundreds of thousands of dollars.

V&B has seen case after case of negligence on the water. Innocent swimmers around the boat are not expected to be aware of such dangers. It is the driver’s and the manufacturer’s responsibility to maintain the safety of its vessel and passengers.

The experienced lawyers at V&B have had settled millions of dollars for our clients. Please visit our website for free information that will help you answer your questions.

Contact our offices for a free consultation: 888-473-1258.

Injured Gulfport, MS mariners: strategize before seeing the doctor

Fri, 20 Jan 2012 08:00:00 EST

If you’re an offshore worker from Gulfport and the Mississippi coastal region and you were hurt on the job, here are some important things you need to be aware of before visiting a doctor:

1)    The Jones Act lets you choose your own doctor. You do not have to go along with your employer’s insurance adjuster’s recommendation.

2)    Choose a doctor carefully as you will have to live with this choice.

3)    If you choose a doctor from the company’s list, you cannot be sure whose interests are being looked out for: yours or the company’s.

4)    Answer all of the doctor’s and insurance adjuster’s questions honestly, but carefully (see 5). Don’t exaggerate the severity of the injury in the hopes of getting a more favorable settlement offer. Doing so may lead to an incorrect diagnosis or a wrong course of corrective action. If you have had past injuries, reveal them. The insurance companies are very good at uncovering this information and being caught in a lie can be crippling to your case.

5)    Be careful in answering questions about whether you’ve had previous injuries and medical treatment. Rather than saying “no,” it is better to say “I am not sure” or “to the best of my knowledge, no.” Because even if you did forget, you will end up looking bad in court.

6)    Explain to the doctor the particular physical demands of working on a vessel such as standing on your feet for hours on end, climbing up and down ladders, the strain on your back from heavy lifting, and so forth.

For more information about protecting your legal rights before visiting the doctor, please feel free to order one of the firm’s many free books and reports, which will be delivered to you immediately, free of charge.

2 workers killed and 3 critically injured on Diamond Offshore vessels

Fri, 20 Jan 2012 08:00:00 EST

A 30-year-old Mississippi man was recently awarded $4.9 million by a jury for injuries he suffered while working on a vessel owned by defendant Diamond Drilling Offshore Inc.

According to court documents, JP Upton was a seaman aboard the Ocean Yorktown which was operating in Brazil. While assisting in the installation of a compensator on Mar. 28, 2010, the defendant directed him to get into a riding belt which suspended him in the air. The riding belt and air hoist “malfunctioned and sent plaintiff 20 feet through the air.” Upon impact he was knocked unconscious for 25 minutes. He suffered injuries to his left arm, spine, ribs and other parts of his body.

Upton’s attorneys successfully argued that the defendant’s negligence caused the equipment malfunction because of a lack of proper employee training.

Less than one month later, two workers were killed and two others were seriously injured in an accident on another Diamond Drilling Offshore vessel in Brazil, the Ocean Ambassador. This accident was also ruled to be caused by a lack of proper employee training.

Diamond Drilling Offshore is a Texas-based company.

Source: The Ghost Galleon.com

Chet Morrison Contractors Is Being Sued By Deckhand For $2 Million

Fri, 20 Jan 2012 08:00:00 EST

The Louisiana based company Chet Morrison Contractors is being sued for $2 million after a deckhand aboard one of their vessels fell overboard when the captain suddenly moved the boat forward.

New Orleans worker Charles H. Parson was employed by Chet Morrison and was assigned to the M/V Caroline Morrison. On July 23, 2010 Parson was standing on the stern of the vessel, attempting to tie the vessel off to the offshore platform. While standing at the stern, the captain moved the vessel forward, causing Parson to fall overboard.

Parson swam to one of the legs of the platform and clung to it until he was pulled back aboard the M/V Caroline Morrison.

From an outsider’s perspective, horseplay might have been a factor. It is unknown if Parson is a victim of bullying, but it is clear that the captain should always keep the safety of the vessel’s workers at extreme importance. Parson, who was standing at the stern, was obviously vulnerable and should not have been a victim.

Parson is asking the court for an award of damages for physical and emotion injuries, disabilities, loss of lifestyle, medical expenses, wage loss, impairment of wage earning capacity, plus maintenance and cure, attorney’s fees, punitive damages, court costs and interest.

It is unclear the severity of Parson’s injuries but surely they are $2 million worth.

If you or someone you know has been victim of a deckhand injury on the water, you are liable for justice. The lawyers at V&B have helped our clients get rewarded millions of dollars in settlements for their injuries. Visit our website for free information regarding your situation. We hope to answer all the questions you may have.

For a free consultation, contact our offices today. 888-473-1258.

Palestine Lake Accident Drowns A Man And Injures His Wife

Thu, 19 Jan 2012 08:00:00 EST

On Monday, in Lake Palestine, a boating accident drowned a man, leaving his wife injured.

It all happened on Monday afternoon when fisherman Paul Dowdy and his girlfriend noticed a small boat sticking out of the water. Dowdy says that they saw 55-year-old Barbara Cooper, waving for help.

Upon going to her rescue, they soon noticed her husband, 58-year-old Floyd Cooper, floating nearby. Firefighters responded soon after.

Barbara Cooper is currently in the hospital for hypothermia. An autopsy is ordered for Floyd.

When out on the water, safety is the most important thing one should consider, above everything. It is currently unknown if their equipment was working or which kind of boat they were on, however accidents happen every day and you must make sure it doesn’t happen to you.

If you have been a victim of a boating accident due to failed equipment or unsafe vessels, contact the lawyers at V&B for a free consultation: 888-473-1258.

Visit our website for free information.

Natchez mariners should bring a scientific approach to workplace hazards

Thu, 19 Jan 2012 08:00:00 EST

If you’re a deckhand or work on the Mississippi River near Natchez, it makes sense to bring a scientific approach to the vessel to protect yourself from unsafe conditions. Not only physically, but legally.

Scientific approach means being aware of your surroundings and taking mental and written notes of any obvious dangerous or questionable safety item or safety practice. For example, if a mooring line is frayed or a tank is not tested prior to entry, write down as many details as possible on a notebook you should carry in your pocket at all times. Obviously, you want to report the situation to a supervisor as soon as possible. But by keeping detailed notes, you have a record to go by in the event the unsafe condition is not rectified.

From a legal standpoint, these notes will come in handy should you ever need to file a lawsuit or are named in one. Having a detailed written account will work greatly in your favor.

The scientific approach means serving as your own investigator to compile facts about the questionable safety item or practice. Don’t be blatant about it; try to gather the facts without drawing attention. The following is information you should write down or compile about the incident or practice in question:

-Time and date (UTC)
-Sea state
-Weather conditions
-Vessel latitude and longitude
-Write down direct quotes from a pertinent supervisor or co-worker
-Take pictures

Injured in an Alabama Offshore Accident? You Deserve Compensation

Wed, 18 Jan 2012 08:00:00 EST

Due to the dangerous nature of offshore work, employees who are hurt while on the job often suffer devastating injuries with extensive consequences. Fortunately, there are federal and state laws in place designed to protect Alabama offshore injured workers. These laws can result in an entitlement to compensation by the victim or the victim’s family.

What are the potential damages for which a victim may be entitled to seek recovery following an Alabama offshore injury?

Pain and suffering – Both the victim and the victim’s family may incur a great deal of physical pain, as well as physical and mental anguish, as a direct result of the accident.
Partial or permanent disability – An offshore accident can cause a disability to the victim that may impact his or her ability to function, both at work and in the victim’s personal life. This disability could be temporary or permanent.
Long term rehabilitation – The nature of the work performed by offshore men is very dangerous. As a result, the potential injuries that may be incurred are often severe, requiring ongoing rehabilitation. These costs can be extremely expensive.
Lost wages during recovery – injured offshore men may lose the ability to perform his job, thereby forfeiting wages that he otherwise would have been able to earn.
Diminished work ability – Even after recovery, the injured employee may not be able to return to work in the same capacity as before the accident.

For more information about a potential claim for damages, contact an experienced Alabama offshore attorney for a free consultation. Call Vujasinovic & Beckcom, P.L.L.C. at their toll free number (877) 724-7800.

Galveston County man sues after losing eye in boat accident

Wed, 18 Jan 2012 08:00:00 EST

A man claims he lost his eye in a boat ride because the operator was drunk.

Charles Strahan of Galveston County, Tx. has filed a lawsuit against boat operator Darrell Shannon of League City, Orion Ventures Inc., and Turtle Entertainment in connection with the accident that occurred in the early morning hours of Oct. 31, 2010.

Orion and Turtle own and operate Lance’s Turtle Bar, which is accused of serving Shannon “copious” amounts of alcohol before the accident, even as he showed “obvious signs of intoxication,” the suit states.

Strahan’s suit alleges that Shannon, the boat operator, was “in his drunken state” and instructed Strahan to stick his head over the side and search for a harbor marker. Shannon moved the boat too close to the marker, which smashed Strahan in the face.

The impact caused the loss of an eye and severe facial and frontal lobe injuries.

Jenny Shetler, another passenger on board, is also a plaintiff. She claims she suffers from emotional trauma after seeing Strahan’s “near decapitation.” She says others on the boat told her “not to look” because it initially appeared her companion had been killed.

The plaintiffs seek a jury trial and more than $50,000 in damages.

The story appeared in the Southeast Texas Record.

The Effects of Benzene on Gulf Offshore Workers

Tue, 17 Jan 2012 08:00:00 EST

Benzene is a chemical that almost everyone encounters just about every day. However, when you are working on a Gulf Coast oil rig or platform, you may be continuously exposed to dangerous quantities.

Benzene occurs naturally after volcanic reactions and forest fires, but it is most often the result of human work. Benzene is a highly flammable chemical. It has a sweet odor and can cause illness in people exposed to it. It is found in many workplaces—including all gasoline-related industries—and occurs as a natural component of crude oil.

You can become ill from benzene exposure through your skin, but most people get sick from breathing it, either short-term or long-term. Short-term effects of benzene exposure through inhalation include:

Drowsiness and/or dizziness
Change in heart rate
Headaches
Confusion
Tremors
Unconsciousness
Even death, at high concentrations

If you are regularly exposed to benzene offshore for a year or more, some of the long-term effects include:

Changes in the blood, including decreased red blood cells, anemia, bleeding, and/or a weakened immune system
Abnormal development in pregnant animals, such as low birth weight, bone formation delays and damage to bone marrow
Certain types of cancer, specifically leukemia and other cancers of the blood cells

If you have suffered illness while working on a Gulf Coast oil rig or at any other maritime job, benzene could be the cause. If so, get medical help right away. Your employer possibly has neglected OSHA guidelines to keep you safe. Contact the Houston maritime lawyers at Vujasinovic & Beckcom to explore your legal options. Call us toll-free today at 888-472-1440 for a free consultation.

Injured Mobile offshore workers: demand to see your own doctor

Tue, 17 Jan 2012 08:00:00 EST

If you’re a seaman from Mobile and the Gulf Coast of Alabama who was hurt on the job, the Jones Act gives you the right to request your own doctor.

Because you get one choice of physician, make it a wise choice.

Now, your employer’s insurance company is likely to recommend a doctor from their own list. But how do you know how objective the corporation physician is? Will that doctor truly look out for your best interests or the company’s?

Company doctors generally use two strategies: 1) If your injury is serious—but not too serious—they will “clear” you to return to work, even if the injury may be re-aggravated; and 2) if your injury is serious to the point of disabling, they may resort to trying to get you to incriminate yourself to support their opinion that your injury was not work-related. For example, they will attempt to paint your back injury as a pre-existing condition.

Be honest in answering the examining physician’s questions. If you’ve had previous claims or injuries, reveal them. However, if you have not had past claims and injuries or you are not sure, say that you don’t recall or you are not sure; do not just say “no.” Otherwise, if the insurance investigators discover a past injury that you claimed did not happen—even if you simply forgot about it—you will portrayed as a liar in court.

So, be careful how you answer the doctor’s questions.

American Maritime Officers Union official says American captains would not have fled the ship like Italian master

Tue, 17 Jan 2012 08:00:00 EST

"I would have stayed and I can probably speak for all the American colleagues that I know of," said Michael Murphy, national vice president of government relations for the American Maritime Officers Union (AMO).

Murphy spoke to Fox News about the Italian captain who is accused of disembarking the capsized Costa Concordia cruise ship early.

"It's sort of the American ethos, I guess,” he continued. “You don't leave that ship until you've got the people off. That's the type of leadership you expect from the captain."

The death toll has climbed to 11 persons from the ship which ran up on the rocks Friday off the island of Giglio on the Italian coast.

Captain Francesco Schettino is heard in a recorded conversation telling an Italian coast guard official that he did not wish to return to the ship, even as thousands of passengers were yet to be evacuated from the vessel.

"I consider that to be a mortal sin," Murphy said. "He's responsible, that's his ship. He's responsible for the ship and all that's in it. As far as I'm concerned, I have sympathy for him running aground -- that's heart-wrenching -- but leaving his ship and his crew and his passengers, is unforgivable."

Murphy has 45 years of maritime experience including 16 years as a commercial master.

The AMO is the largest American maritime officers union.

How the Italian Costa Concordia disaster affects all vessel masters

Mon, 16 Jan 2012 08:00:00 EST

It didn’t take long for the owner of the Costa Concordia cruise ship to blame “human error” for the capsizing that has killed at least six persons, reports the New York Times.

By human error, the company implicates the captain, charging him with making an “unapproved, unauthorized maneuver” to divert from its approved trackline.

At least 15 persons are still missing from the ship which ran up on the rocks off the Italian coast on Friday.

Though the disaster happened to a cruise liner, the event serves notice to all vessel masters—whether on tankers, freighters, ferries, tugs—that they will quickly have the finger of blame pointed at them, even before an investigation gets underway.

It is true that “the buck stops here” with the captain as the sovereign authority. But the culpability that comes with the position of responsibility is not always the same as criminal negligence.

If the captain did in fact operate the Costa Concordia too close to shore then he may end up being found guilty of the charges of manslaughter, failure to offer assistance and abandonment of ship. Presently he is only being detained for questioning.

There are lessons to be learned not just for vessel masters, but for navigation officers and lookouts, too. If, in the judgment of the mate on watch, the captain has issued instructions that will put the vessel on a risky trackline, the mate has a duty to express those objections to the master. If the master proceeds anyway, the mate may have to consider asking the captain to take the conn. At this point the atmosphere in the wheel house could become tense when the line may blur between reason and insubordination.

Same as for the lookout. If he or she believes that their reports are being disregarded, then there is a duty to make sure that their voice is heard.

A crewmember has the right to express such concerns to another supervisor.

A crewmember should also keep a detailed log of events in any questionable situation because that will carry a great deal of weight if it becomes a legal matter.

Seaman files lawsuit against Global Industries Offshore

Mon, 16 Jan 2012 08:00:00 EST

A worker who suffered serious injuries while his co-workers tried to off-load a launch and recovery system (LRS) has filed a lawsuit against his employer.

Plaintiff Kyle L. Teed alleges that on June 3, 2011, the LRS unit dropped on him and pinned him to the deck during the operation aboard the Normand Commander DP-2, a Multi-purpose Support Vessel (MSV).

The accident resulted in injuries to his ankle, foot, back and pelvis.

Defendant Global Offshore Industries is accused of failure to properly train and supervise workers trying to move the unit, failure to hold a safety meeting before moving the LRS, not following appropriate safety and operating procedures, and failure to follow government and industry standards.

Teed seeks compensation for physical and mental injury, pain and suffering, distress, fright, anguish, depression, loss of earning capacity, medical expenses, punitive damages and maintenance and cure.

The case was filed Jan. 6 in New Orleans federal court.

For more information about protecting your legal rights following a back or foot injury such as Mr. Teed’s, please feel free to order one of the firm’s many free books and reports, which will be delivered to you immediately, free of charge.

Source: The Louisiana Record

Deckhand Killed Aboard New Jersey Fishing Boat

Sun, 15 Jan 2012 08:00:00 EST

A deckhand was killed aboard a New Jersey based fishing vessel named Mandy Ness. The 44-foot vessel capsized nine miles offshore, near the north-south shipping lanes taken by large ships heading to and from New York Harbor.

Coast Guard officials answered the Mandy Ness's alert from its emergency position indicating radio beacon (EPIRB).

Other fishermen who also also heard the alert were helping the victims when officials arrived on the scene.

The two passengers, Capt. Jim Mears and Trevor Horan were the only ones on board. Horan had been rescued by a local fisherman, but Mears was found dead on the boat.

Horan was released Wednesday from Southern Ocean Medical Center in Stafford.

Meanwhile, a lot of fishermen are starting to think that the Mandy Ness was struck by another boat, which might have caused the capsizing. The sea conditions were considered a flat calm and fifteen mile visibility. There was a lot of shipping traffic that night. Only time will tell if a further investigation will begin.

If you have been a victim of a boat accident which left you or another injured or dead, you have rights. Visit our website for free information and contact our offices for a free consultation: 888-473-1258.

Port Arthur chaplain comments on "criminalization of seafarers" following M/V Costa Concordia disaster

Sun, 15 Jan 2012 08:00:00 EST

Our thoughts and prayers go out to those who have died and the 50-60 passengers and crew missing following the capsizing of the Italian cruise ship Costa Concordia.

The vessel’s captain and first officer have been detained for questioning on manslaughter, failure to render assistance and abandoning ship, reports the New York Times.

However, in this event, as with any maritime accident, the subject of “criminalization of seafarers” becomes the primary focus, says Father Sinclair Oubre, President of the Port Arthur, Tx-based Apostleship of the Sea.

“The tendency to criminally charge ship personnel immediately after an incident continues to be a great concern for me personally as a mariner,” says Father Sinclair. “It is as if the mob wants a head, and the mariner will do just fine. Never mind, how company, governmental or industry policies may have brought about the incident.

Immediately tarring-and feathering individual crewmembers following a vessel accident applies not just to cruise ships but to any type of vessel. If a tanker runs aground in Mobile Bay and triggers an oil spill or a Boston Whaler is smashed by a bulker off of the Mississippi Sound, the captain or pilot is automatically under suspicion.

“If the captain or first officer are found criminally negligent, then they will need to be prosecuted for their actions,” says Father Sinclair. “However, the scapegoating of mariners because an accident has occurred must be stopped.”

In many maritime accidents, it’s arrest first, investigate later.

The Apostleship of the Sea has promoted the general welfare of seafarers worldwide for over 80 years.

Cleveland, Tx. seaman files hand injury lawsuit in Galveston

Thu, 12 Jan 2012 08:00:00 EST

A worker has filed a lawsuit against his employer after two of his fingers were reportedly crushed aboard a tanker vessel.

David Bright of Cleveland, Tx. filed the case against American Eagle Tankers Inc. on Dec. 7 in Galveston County District Court. He claims that a tugger cable snapped and then snaked around two of his fingers, crushing one and breaking another, aboard one of the company’s vessels on Feb. 9, 2010.

Bright’s suit states that he was forced to suffer with severe pain on the ship for several hours before receiving medical treatment and that the accident caused serious bodily injuries.

Bright asserted that he had previously warned his supervisor that the cable rigging was insufficient and needed to be replaced. However, no corrective action was taken.

He seeks compensation for pain and suffering, disfigurement, mental anguish, lost earnings and medical care.
Source: Southeast Texas Record

Fisherman files suit in Beaumont after hand is crushed in winch drum

Thu, 12 Jan 2012 08:00:00 EST

Imagine your right hand gets snared in fishing lines on a shrimper and sucked into an unprotected tri-net winch drum. The result is severe injuries to the hand, arm and even to your face.

That is what Cong Van Pham alleges happened to him on Sept. 13 while working aboard a commercial shrimping boat, reports the Southeast Texas Record.

Pham was evacuated from the Gulf of Mexico by Coast Guard helicopter. He spent three weeks recovering in the hospital.

He filed a negligence suit against Tim Nguyen and his company, My Julie Corp., in Jefferson County District Court in Beaumont, Tx on Dec. 28. They are accused of failure to properly crew the vessel and provide proper training.

He seeks compensation for medical expenses, impairment, past and future mental anguish, and lost wages.

Seafarers should be kept out of lifeboats while releasing hook dangers remain

Wed, 11 Jan 2012 08:00:00 EST

Vessels have until July 1, 2013 to evaluate lifeboat on-load releasing mechanisms against new requirements and in some cases until July 1, 2019 to replacement non-compliant hooks, according to rules issued by the International Maritime Organization (IMO) last year.

Until then, crewmembers boarding suspended lifeboats remain at the mercy of defective releasing mechanisms that have caused a number of serious injuries and even deaths.

How companies can continue to expose their crews to this risk for the purposes of standard lifeboat drills or to conduct routine maintenance is irresponsible and a reckless disregard for human life.

Until a vessel’s flawed hook releasing system is corrected with a secondary safety system such as a locking pin, it would seem the best course of action is to keep crewmembers out of lifeboats altogether, except in a real state of emergency.

After all, a lifeboat is supposed to be there for the purpose of a real emergency, not for severing fingers while slushing wires during routine maintenance or freefalling 80 feet from the main deck of a car carrier during a boat drill.

Three Workers Killed When Fishing Boat Catches Fire Near Antarctica

Wed, 11 Jan 2012 08:00:00 EST

This morning while traveling on International waters, a South Korean ship called the Jung Woo 2 caught fire near Antarctica, killing three and burning two others. 37 out of the 40 seamen were rescued in total.

The 167-foot vessel fell into trouble just 370 miles north of the U.S. McMurdo Station Antarctic base when an unknown fire was started in the living quarters of the ship. The flames spread quickly to the engine room and fish processing plant. The fishermen tried to stop it, but it soon fell completely out of control.

During the chaos, twenty-five men were able to get onto a life raft after discovering the other life raft was burned. Twelve men were forced to stay aboard until help arrived, and the three fatalities never made it out.

After a distress call, two other Korean ships, the Hong Jin 707 and Jung Woo 3 (Jung Woo 2’s sister ship) came to the rescue within three hours.

It is unclear how many people were working and how many were sleeping. In Antarctica, there are long daylight hours in the southern summer, which makes it usual for workers to operate in shifts around the clock.

The rescued and injured crew was transferred to a U.S. research vessel. The crew on the Nathaniel B. Palmer will treat their injuries then put the seamen ashore at McMurdo Base for more extensive help and a possible evacuation to New Zealand.

Working as a fisherman is a dangerous job, especially when you are on international waters. It is important that you are taken care of and your company makes the best decisions when it comes to safety.

If you have been injured on International waters, you have rights. Visit our website for free information to answer the questions you may have. For a free consultation, contact our offices toll free: 888-473-1258.

Maritime industry easing in new lifeboat hooks design requirements

Mon, 09 Jan 2012 08:00:00 EST

It’s a fact that far more mariners are seriously injured and even killed by accidents caused by the failure of on-load lifeboat release hooks than are saved by lifeboats.

The maritime industry is slowly moving to improve the situation.

The International Maritime Organization (IMO) last year approved new design requirements for on-load release hooks. These requirements apply to both existing and new designs and will force the possible replacement of vast numbers of hooks. This could result in significant cost and scheduling issues, says the International Marine Contractors Association (IMCA), which according to its website is an organization “promoting offshore safety.”

The requirements do not take effect for some time. The releasing mechanisms have until July 1, 2013 to be evaluated against the new requirements and non-compliant hooks have until the first dry dock after July 1, 2014 or no later than July 1, 2019, to be replaced.

“Shipping industry organizations have therefore developed supplementary guidance on the selection of replacement hooks, which recommends considering hook designs that incorporate a permanent secondary safety system, such as a locking pin,” says IMCA Chief Executive Hugh Williams.

Source: Marine Link

Coast Guard eases TWIC requirements

Sat, 07 Jan 2012 08:00:00 EST

The Coast Guard no longer requires mariners who do not work on vessels requiring a Vessel Security Plan (VSP) to hold a TWIC card when applying for Merchant Mariner Credentials (MMC).

However, the MMC applicant must have already gone through the TWIC enrollment process at least once so that the USCG has the biographical information from TSA. In other words, the TWIC does not have to be renewed if the applicant works only on vessels without a VSP requirement.

Coast Guard requires those applicants without a valid TWIC to submit a statement of understanding about possible delays of processing the safety and suitability check as well as certifying that they are not required to hold a TWIC.

See the USCG TWIC policy letter.

Source: Maritime Professional

Indonesian Tourist Dies After Boat Capsizes

Fri, 06 Jan 2012 08:00:00 EST

The body of a 31-year old woman was found after the charter boat in which she was on overturned during a thunderstorm in Turtle Bay. The woman was a tourist from Indonesia who was not a strong swimmer.

Eleven people were rescued from the water after the incident, but the woman was missing for several hours. Police initiated extensive air and water search operations, but found it difficult due to poor weather conditions.

The 10-metre vessel, “Rupture”, was towed to Hamilton Island to continue the search when police divers located her body on the boat itself.

The identity of the victim has not been released.

If you or a loved one has been injured or killed on International Waters, you have rights. Contact the experienced attorneys at V&B for a free consultation and free information on how we may help. Toll Free: 888-473-1258.

Two Fisherman's Lives Were Saved By Proper Safety Equipment

Mon, 02 Jan 2012 08:00:00 EST

Two fishermen were saved by their safety equipment on board their boat “Lucky Dog” when the boat sank, leaving them drifting 170 miles offshore of Key West for nearly ten hours.

Curly Egan and Travis Niemi were aboard the 33-foot fishing boat when their anchor got caught. After putting it back on the stern to bring it up, it snatched back, causing waves to fill the stern with water.

Luckily, the two fishermen were experienced and thought very quickly. Their emergency equipment which was well prepared for them acted properly without a hitch.

They had enacted the Emergency Position Indicating Radio Beacom (EPIRB) which saved their lives as the boat went to the bottom of the ocean. All the men had to do was wait for help to arrive.

The EPIRB was the only thing they had for distress. No mayday call was acted and there were no other boats close enough to see them.

Luckily they had a raft, otherwise they would have been floating for ten hours in their life jackets. The Coast Guard eventually picked them up and brought them to Fort Myers Beach.

When asked on advice for other fishermen on the water, Egan and Niemi said to stay calm and keep a level head. Don’t panic in case something happens and be sure to check your equipment before you set sail.

Unfortunately, boaters are constantly setting sail without proper safety equipment. Don’t let this be you!

If you or a loved one has been injured in a boating accident due to negligent safety protocols, contact the experienced attorneys at V&B for free information and a free consultation. Toll free: 888-473-1258.

Boaters Must Take Safety Precautions When At Sea

Mon, 02 Jan 2012 08:00:00 EST

Every year, boaters are left stranded at sea due to negligent acts of safety.

The Marine Rescue NSW has released its Top 10 Boating Safety Check List designed to help boaters ensure they are well prepared for an outing:

Tell your local Marine Rescue radio base when you go out and when you'll be back. Log on with your marine radio so MRNSW knows you're out there and log off to let us know you're back.
Wear your lifejackets. Lifejackets save lives - but only when you wear them!
Travel at a safe speed and keep a good lookout. A safe speed is one at which you can stop quickly in an emergency.A good lookout means the skipper is always aware of conditions around the boat.
Check your mechanicals before you go. More breakdowns are caused by mechanical and electric faults than any other cause.
Check your safety equipment BEFORE you go. This includes lifejackets; marine radio; anchor and chain or line (attached to the boat); emergency flares; EPIRB if going out 2 nautical miles or further; bailing bucket; fire bucket; fire extinguisher; navigation lights, orange V-sheet; and waterproof torch. Smart skippers will also have first aid and tool kits on board.
Make sure your fuel is fresh. Old fuel causes serious problems that can leave you stranded at sea. This is a common problem with fuel tanks for outboards.
Call your local Marine Rescue radio base for a radio check. The Marine Rescue operator will tell you if your radio signal is strong and clear, so if it's not, you can fix it before you need it.
Check the weather forecast BEFORE you go.
Know your position. If you break down or another emergency strikes, Marine Rescue needs to know where you are. If you don't know where you are, it's hard for help to reach you.
Take extreme care crossing bars. Do not attempt to cross a bar you've never crossed before without getting local advice. Then prepare and plan your crossing.

As more and more boats are going out at sea, it is very important to know these safety protocols. If in doubt, DON’T go out. When a boater leaves land, there is always a very real possibility they might never see it again.

It is extremely important that we keep our boats maintained. Precautions for 2012 should be kept. The experienced attorneys at V&B want you to know that safety must always come first.

Benzene tests put too much safety burden on seafarers

Thu, 29 Dec 2011 08:00:00 EST

U.S. maritime unions require members to take a benzene blood test every year in order to work on oil and chemical vessels. If the blood sample indicates a certain concentration of benzene in his or her system, then that person is not given clearance to work tankers.

That’s like taking a person who works in radioactive-contaminated spaces and preventing them from working as soon as the radioactivity reaches a certain threshold. In other words, instead of making the toxic environment safer, they penalize the victim by keeping him or her from earning a living.

There is also a breathing test administered every three years. Anyone who has blown into the test hose will tell you it is one difficult test. “Blow harder! Harder!! Harder!!!” the doctor yells, until you turn blue in the face. If you fail that test, you don’t get cleared to work on tankers, and there goes your livelihood.

So, in other words, after many years of hard work and loyal service, you are not welcome to work here anymore. Never mind all of the times you’ve stood manifold watches in the bone chilling cold of Alaska or the saunas of Gulf Coast summers. Or handling lines and hooking up hoses every 12 hours while picking up backloads in short hops up-and-down the Houston Ship Channel.

We have a client who contracted leukemia after being exposed to benzene.

Rather than keeping crewmembers safe from the ravages of benzene and other toxic fumes, the industry just casts aside a victim for a fresher set of lungs.

Royal Carribean Fails Health Inspection

Wed, 28 Dec 2011 08:00:00 EST

The “Monarchs of the Seas” is the oldest active ship in the Royal Caribbean Cruise Line fleet, having been operating for the past twenty years. Having a history of failed health inspections in the past, the eldest Royal Caribbean ship failed yet another one this month.
A health inspection performed by the Centers for Disease Control and Prevention gave the ship an extremely low rating and found alarming infractions, including numerous findings of fruit flies, dirty plates that were with clean ones, and improper safety signage.
Food was not kept at proper temperatures and the ship was failing to record “food logging”, which is the process of tracking the times that food is refrigerated.
The “Monarch of the Seas” was also cited for not having the new standards for safety that has been promulgated, including the proper testing of alkalinity in the swimming pools, and failure to have the proper pool signs.
Currently, the ship operates out of Port Canaveral in Florida operating 3 and 4 night cruises.
Royal Caribbean Cruise Line responded to this incident by saying that it was extremely disappointed and was working with the authorities to correct and remedy the deficiencies found aboard Monarch that caused the low score, as well as the fact they already submitted its corrective action report.
If you or anyone you know has been injured or sick from a Cruise Line at sea, you have rights. Visit our website for free information and contact our offices for a free consultation from one of our experienced attorneys at V&B. Toll Free: 888-473-1258.

Company contests venue for seaman's benzene lawsuit

Tue, 27 Dec 2011 08:00:00 EST

A seaman who says he suffers from leukemia caused by exposure to benzene must deal with his employer’s attempt to move his lawsuit out of state.

Devon Magill traces the origins of his leukemia to when he worked as a deckhand in 2010 aboard the Dublin Sea, operated by K-Sea Transportation. The ship is a chemical tanker on a Gulf Coast charter.

He alleges the company was negligent for failing to properly train him on how to avoid benzene exposure.

Mr. Magill chose Vujasinovic and Beckcom to represent him. We filed his lawsuit Aug. 8 in Jefferson County District Court. He seeks compensation for pain, mental anguish, disfigurement, impairment, past and future medical expenses, lost wages and court costs.

K-Sea Transportation decided to file a motion Nov. 7 to transfer the case out of state on the grounds that it doesn’t do any business in Texas.

We know the court system in Jefferson and Harris Counties extremely well. As a responsible maritime law firm, we understand how important it is to file a case in the proper jurisdiction.

A report on the lawsuit appears in the Southeast Texas Record.

According to Wikipedia.com, benzene causes acute, aplastic and chronic leukemia; cancer; and bone marrow failure, among other diseases.

"It is generally considered that the only absolutely safe concentration for benzene is zero," stated the American Petroleum Institute (API) in 1948.

If you believe you’ve been exposed to benzene and other toxic chemicals while working on tankers, we can help you get the compensation you deserve.

Recommendations made after chief engineer crushed to death

Mon, 26 Dec 2011 08:00:00 EST

On Feb. 19, 2009, the chief engineer of the Oceanic Discoverer cruise ship was crushed to death by a water-tight fire door on the vessel.
The 34-year-old man was trapped for over eight minutes before the crew freed him by taking apart the door handle and hydraulic mechanism. Though resuscitated, he never regained consciousness and died later at the hospital.
The New Zealand Transport Accident Investigation Commission just released a report about the accident that occurred on the Cairns, Australia-based ship at the Port of Napier.
The hydraulic water-tight doors were being tested during a fire and emergency drill, the report said. The master shut the doors from the bridge remotely. The Brisbane-based chief may have tried passing through the doors. However, investigators discovered they were set to twice the allowable working speed and the door closing audible alarm may not have been functioning.
The water-tight door was not in compliance with SOLAS (Safety of Life at Sea) minimum requirements, the commission said.
The vessel’s safety management systems did not ensure the doors were maintained up to good marine engineering standards. The report said that doors should not be set to close greater than the maximum allowable speed.
The commission recommended that Maritime New Zealand and the IMO “address” water-tight door safety. It also asked the Australian Maritime Safety Authority to deal with safety management system issues of the Oceanic Discoverer.
“It was an unfortunate accident,” said Coral Princess Cruises general manager Mark Fifield. He said that all issues in the report have been resolved.
Source: The Cairns Post

Crewmember sues Carnival for punitive damages after botched back surgery in Peru

Fri, 23 Dec 2011 08:00:00 EST

A Carnival Cruises worker who was forced to have failed back surgery in Peru instead of in the U.S. has been granted the right to seek punitive damages against the company.
Edward Florian hurt his back as a galley steward on the Carnival Valor. He received initial treatment at South Miami Hospital. But the company allegedly opted to save money and forced him to have the necessary back operation in Peru, reports Maritime Law Blog.net.
The surgery was a disaster. He ended up bedridden for over two months. The pain was almost unbearable. He had to wear an orthopedic corset and needed rehab therapy to learn how to walk all over again.
A Jones Act lawsuit for negligence was filed in Miami, the corporate headquarters of Carnival. The company is accused of an unseaworthy vessel and failure to provide all necessary maintenance and cure because it did not cover all medical expenses. Therefore, Florian had to cover costs out of pocket.
A judge ruled at a hearing that there was sufficient evidence to allow the plaintiff to seek punitive damages against Carnival Cruises. Trial is expected to take place in 2012.

Seaman files suit after hand crushed in Mississippi River accident

Thu, 22 Dec 2011 08:00:00 EST

Moran Towing Corp. is being sued by a deckhand whose hand was crushed between the vessel and the dock on the Mississippi River.

The accident occurred on April 3, 2011 aboard the harbor tug M/V Commander where plaintiff Derek B. Durham was working as an employee of Moran Towing.

Moran is accused of negligence for failure to provide Durham a safe workplace, failure to properly operate the vessel, failure to provide sufficient and proper manpower and tools, failure to give proper training to he and his crew members, and failure to provide proper instructions and warnings about deck conditions.

Durham seeks compensation for physical pain and mental anguish, medical expenses and loss of earning capacity.

The case was filed Dec. 5 in New Orleans federal court.

Source: Louisiana Record

Bad flooring blamed in seaman's injury lawsuit

Wed, 21 Dec 2011 08:00:00 EST

Why were boards being used as flooring on a vessel?

A seafarer claims he suffered injuries after walking on top of boards to cross between rooms on his vessel.

Plaintiff John Howard is suing Transocean Offshore USA Inc. in federal court in New Orleans.

On Mar. 10, Howard “was walking across boards” on the M/V Deepwater Navigator which made him fall and hurt his left ankle and foot, the Louisiana Record cites from his court case. No reason was given as to why the boards were used as flooring.

He claims the defendant failed to properly outfit and design the vessel’s flooring. Transocean also is accused of not properly warning him about the dangerous condition as well as negligence for breaching a legally required duty of reasonable care.

Howard seeks compensation for physical disability, physical, mental and emotional pain and suffering, medical expenses, loss of wages and earning capacity, and punitive damages.

Cruise Ship Hits U.S. Coast Guard With Lawsuit For Negligence

Wed, 21 Dec 2011 08:00:00 EST

The U.S. Coast Guard was smacked with a law suit this week, and it’s not looking good in their favor.

On the evening of December 9th, the Thriller, a vessel which was making a holiday harbor cruise, was sailing peacefully when it was struck by a speeding Coast Guard ship that didn’t have proper operational lights on.

Turns out, two Coast Guard ships were racing one another on dark waters. They were speeding and very hard to spot since they both didn’t have their lights on. One of them struck the Thriller which carried 22 people aboard at the time.

Plaintiffs Mark A. Fox and Barbara Fox operate Pegasus Charters, the company in which the Thriller operates. According to the plaintiffs, the Coast Guard inspected their vessel and is aware of its soundness and features, including LED lights, proving that the Thriller was clearly visible on the water.

The Fox’s are suing the Coast Guard, the U.S. and the Department of Homeland Security and are seeking damages for negligence, property damage, lost profits, interference with contract, and exoneration from or limitation of liability from passengers’ injury claims.

In the complaint, it states the sole cause of the collision, the damages, and the personal injuries of its passengers was the negligence of the U.S. Coast Guard vessel in failing to keep a proper lookout, failing to maintain speed, failure to appreciate the risk of collision, failure to follow navigation rules, failure to take appropriate action, operating after dusk without required navigational and operational lights, using personal communications devices instead of attending urgently to their duties, and failure to otherwise operate their vessel in a safe and prudent manner.

Negligence on the water is one of the most dangerous and most preventable attributes for accidents. Proper lights, proper use of navigational tools, and obvious responsibilities are crucial. When accidents like this happen, especially from the Coast Guard which is supposed to be our leaders on the water, we must quickly remind ourselves of the dangers.

If you or a loved one has been injured or killed on the water, contact V&B for free information and a free evaluation. Toll Free: 888-473-1258.

A vessel slip and fall is not quite the same as a parking lot slip and fall

Wed, 21 Dec 2011 08:00:00 EST

Technically speaking, a slip and fall is the same whether it occurs on the deck of a vessel or in a puddle of a supermarket parking lot. Realistically, however, the circumstances behind many vessel slip and falls are much more extensive than cases that typically occur ashore.
Wikipedia defines slip and fall as a “claim or case based on a person slipping (or tripping) and falling.” It is a tort based on a property owner’s negligence for allowing a dangerous condition that was responsible for the accident.
Unfortunately, to the general public, a slip and fall case conjures up ambulance chasing attorneys and chronic nuisance case filers staging falls on a wet floor.
Ashore, a slip and fall case can be based on something as simple as the absence of one of those wet floor signs. In fact, a woman is currently suing a Beaumont, Texas McDonald’s for this very reason, claiming she fell on water on the floor and that no signs were present to warn her of a hazardous condition.
On a vessel, so many more factors come into play: the vessel may be rolling, uneven boards may be used for flooring (as happened in a present lawsuit), absence of non-skid strips, rusted railings breaking loose, spilled hydraulic fluid, loose objects rolling on the deck, unseen piping across the deck without yellow caution paint in dim lighting, and numerous other factors.

Hopefully when people read about a vessel slip and fall lawsuit, they keep an open mind and realize there is probably more to the story than the frivolous tone of a simplistic headline.

39 People Missing From Russian Oil Rig Accident

Mon, 19 Dec 2011 08:00:00 EST

Thirty nine people are still missing after the Russian oil rig Kolskaya capsized on Sunday. The rig was being towed by an icebreaker and a tug boat to Sakhalin Island after finishing its drill mission. A fierce storm swept over and the rig was hit by a wave which broke equipment and portholes. It started sinking in the 33 degree water.

The Kolskaya held 67 men aboard. Despite repeated attempts by the rig’s captain to call off the trip, the Kolskaya eventually set sail.

As of today, fourteen survivors have been picked alive from the icy water after the accident and taken to the hospital. Ten bodies have been found and four others have been spotted but not retrieved yet. Thirty nine people are unaccounted for.

Sergey Grauman, a surviving crew member, was on the rig with his father. According to Grauman, all hands were on deck trying to fix the leak with no luck. A mayday call was sent and the crew members gathered in the restroom after being told that a rescue helicopter was on its way. After waiting for some time, they were informed the helicopters would not be able to make it in time because of the storm. Panic spread and everyone ran to deck which was now capsizing. Crew members started climbing, so not to touch the icy water which would mean death from hypothermia.

Survival is very slim in water this cold, and the turbulent waves which pull you down further into the current make the fight extremely difficult. Grauman was drawn into the water where he spent some time in before the rescue helicopters arrived. Grauman watched as the water took his fellow crew members away and saw the rescuers skip over the dead so they can retrieve the living. Graumans father is one of the 39 people missing.

The rig’s owner said that life rafts with people aboard were spotted in the sea of Okhotsk, but the government has not confirmed this report. An official was asked not be named because the offshore oil exploration firm is not authorized to comment on the rescue operation.

The Emergencies Ministry and military officials would not confirm that rafts were found, but said they have many rescuers still searching for survivors. Helicopter shots has shown nothing floating on the iced sea.

Russia is the world's largest natural gas exporter and second-largest oil exporter, and hydrocarbons are Russia's key export commodity. It produces most of its oil onshore and hasn't had any significant oil platform accidents in recent years. There has been no report of environmental damage, but there is likely to be little because the rig only carried a small amount of fuel.

Family members have spoken out about the negligent safety measures the rig held. The rig held a full crew which according to many is deeply unnecessary and dangerous especially when traveling the 120 mile journey the Kolskaya was attempting to go.

If you or a loved one has been injured or killed on an oil rig, contact the lawyers at V&B for free information and a free evaluation. Toll free: 888-473-1258.

Lack of non-skid cited in seaman $2.5 million lawsuit

Mon, 19 Dec 2011 08:00:00 EST

A seaman has filed a $2.5 million lawsuit for injuries suffered after tripping down steps that allegedly lacked non-skid strips.

Plaintiff Butch Buras filed the case Dec. 6 in federal court in New Orleans against TLC Boat Rental Inc. and Wahoo Marine Services, reports the Louisiana Record.

Buras claims that after washing down the deck on offshore boat Wahoo #3 on June 27, he climbed down the stairway to the engine room. Wearing wet boots after the wash down, his feet slipped on the steps which did not have non-skid surface.

The extent of his injuries was not disclosed in the story.

The defendants stand accused of failing to install safety features on the stairs, failing to maintain the deck, failing to provide sufficient deckhands, failing to properly train workers and failing to provide a seaworthy vessel.

Buras seeks compensation for medical expenses, lost wages, loss of enjoyment of life, loss of consortium, maintenance and cure, and general damages.

Accident Attention Deficit: When Only a Maritime Injury Lawyer Cares

Sat, 17 Dec 2011 08:00:00 EST

In today’s attention deficient world, where even the most brutal, scary, and “television worthy” boat and cruise ship accidents are quickly forgotten, how do you make sure that your need for "being heard" is met?

Human beings are social animals, and we want to share our experiences and have others feel what we feel. It may seem hard to “make the world care” about your injury. Friends may think that victims are dwelling on the accident, while insurance companies are simply ignoring your pain.

But there is no need to fall into despair.

It’s your maritime injury lawyer’s responsibility to care about your medical treatment and to focus on how to hold careless or reckless parties accountable for the event that has caused you so much pain. We can get you the settlement you need to pay your medical bills and even get you compensation for a professional therapist or group counseling to get you back on your feet.

As an offshore accident victim, no matter how empathetic or helpful other people may be, it’s you who must go through the rehab, experience the pain, and manage your own internal trauma. But with the help of a few close family members and trusted legal advice, you can soon get started on the road to recovery.

For more information from an experienced maritime accident attorney, order a free copy of our book, "The Insider's Guide to Winning Your Maritime Injury Case," or call Vujasinovic & Beckcom today at (888) 473-1258.

Prevent Hypothermia On The Water This Winter

Sat, 17 Dec 2011 08:00:00 EST

We all have been told by our mothers to “bundle up” when going out in the cold. As we grow to become adults we have taken a similar role for our children, just as our parents had. However, the world was a different place then.

In the last thirty years, the earth has changed tremendously. We have scorching summers and unbearable winters. Being told to “bundle up” seems useless if you are working in or on the water during this killer winter. We must take special precautions in today’s world.

Hypothermia is a deadly killer and is one of the most underestimated. Most cases occur in air temperatures between 30 and 50 degrees. If not treated very quickly, death is inevitable.

Hypothermia is a condition where the body loses more heat than it can produce, causing a lowering of the body’s inner core temperature. Many fishermen and other ship workers find it difficult to believe that hypothermia is a dangerous possibility and often misjudge the danger of getting wet in these conditions.

Hypothermic conditions can be spotted and prevented very easily if you know what the signs are. As the body cools during hypothermic conditions, it shivers uncontrollably. This is because your body is trying to create heat for itself. Shivering is a very clear warning that you must seek help immediately.

When the body’s internal temperature declines, you become exhausted and experience problems with walking. You stumble, your hands become immobile, talking can be difficult, memory lapses occur, and drowsiness overtakes you. These are all steps to death and whatever happens, you cannot give in to the drowsiness. If you sleep, you die. Help must immediately happen, and one must know how to protect themselves.

People who work on the water are especially at risk. If a person is submerged in water, heat loss is much quicker. Death can happen in less than 15 minutes when you are in water that is 32 degrees, and up to two days in 70 degrees.

Wind is a violent helper in hypothermia. It increases heat loss due to convection and is accelerated by evaporation if the person is wet.

So what can you do to help prevent hypothermia while working on the water?

Wear a life jacket at all times. This can save your life if you fall overboard because it provides insulation against the cold water.
If you are in the water, do not thrash around. This will exhaust you. Swirling around draws heat away from your body faster than still water.
Draw your knees into your chest and wrap your arms around your legs. This conserves heat while in the water.

Swimming to shore must be carefully thought out. Swimming can lead to rapid heat loss and exhaustion. Hypothermic conditions are very impairing when you try to swim. You may become unconscious and drown before reaching the shore. Most of the time, it is best to stay with your boat and attract attention.

Don’t remove wet clothing or shoes. They will provide insulation for your body.

You should get out of the water quickly, if possible, and get dry and warm as soon as you can. Build a fire, drink warm liquids, and avoid consumption of alcoholic beverages which intensifies the effects of hypothermia.

When dealing with someone who is unconscious, don’t try to force warm liquids in them because they may strangle.It can be scary when you see someone dealing with advanced stages of hypothermia. These people need to have medical attention immediately and severely exposed people should be taken to a hospital.

During the holidays and on, families enjoy many activities. It is extremely important that we take care of ourselves and others. If you work on a ship or live by the water, your knowledge can become the very thing you have that can save your life. Don’t let hypothermia be an option during these cold months.

BP settles with Cameron over Deepwater Horizon

Sat, 17 Dec 2011 08:00:00 EST

BP has agreed to pay Cameron International $250 million over the Deepwater Horizon explosion which killed 11 workers and triggered the 2010 Gulf oil spill.

Cameron designed and made the failed blow-out preventer. The agreement is not an admission of liability by either company. The money will be deposited into BP’s $20 billion trust for victims of the disaster.

BP says Cameron is the fourth company to settle with it, along with MOEX, Anadarko and Weatherford.

Legal disputes remain with Deepwater Horizon owner Transocean and Halliburton, which conducted the cementing job of the Macondo well.

BP accuses Halliburton of intentionally destroying cement test results. Halliburton accuses BP of fraud and defamation. A February trial is scheduled between both companies.

Source: BBC

"If Only": Two Words Maritime Injury Lawyers Hear All Too Often...

Fri, 16 Dec 2011 08:00:00 EST

You need the help of a reputable, highly qualified, and experienced maritime injury lawyer to help you obtain much needed compensation, hold a company or even a person responsible for what happened to you, and introduce you to critical resources to get your life back on track.

Unfortunately, recent offshore injury victims often feel like the world is on their shoulders. Not only are these victims scared, frustrated, and overwhelmed by the legal battles, medical rehab, and job retraining that lie just ahead, they are also often haunted by regret.

The words “what if, what if, what if” may resound in your mind every time you reflect upon what happened that fateful day or night when you got hurt or sick. Although offshore victims hurt by chronic factors, such as manual or repetitive jobs, feel regret; the “what if, what if, what if” thoughts also afflict the victims of one-time accidents often.

For instance, you may remember falling down the stairs and hitting your head. A thought may replay in your mind: “What if I had just held onto the railing?” Or you may remember the oil rig fire that sent you to the hospital and killed two shipmates, and you may be haunted by thoughts like, “What if we had paid more attention to the storm warnings that night?”

Reflection of the accident is not a bad thing, and it can be useful, in that it can provide you with ideas to help build your legal case and how to be more safe in the future.

However, there is a big difference between reflecting on useful information from the accident and needlessly obsessing over what happened and putting yourself through more pain.

Step one is to get appropriate help. The team at Vujasinovic & Beckcom has lots of free resources to help you get started at www.maritimeaccidentattorney.com. You can also call (877) 724-7800 right now to talk about your problems and figure out an action plan for solving them.

The "Got To Fix It All At Once" Problem: A Maritime Injury Lawyer Weighs In

Thu, 15 Dec 2011 08:00:00 EST

As a recent offshore accident victim perhaps someone who desperately needs the services of a maritime injury lawyer you face so many problems and so much emotional turmoil that you don’t know where to begin.

This is common. So if you feel this way, don’t think there is something wrong with you. Outsiders may not realize just how much has changed for you.

Although most maritime injury victims will openly acknowledge that "things change" after an injury or illness, victims may still hold the hope that the right actions or the right resources will turn things around completely and make things feel normal again.

In some ways it may feel like you have fallen down a mountain. It would be unrealistic for even the most hearty and well-equipped hiker to fall off of a mountain and then leapfrog back up to the peak. Be compassionate with yourself, and be patient. Even though your accident might have only taken minutes or even seconds to happen, you can’t simply “undo” the damage in that amount of time, especially if you were seriously hurt.

You may recognize the truth of this. “Of course, it's unrealistic to expect that I’ll be back on the boat tomorrow or next week. I'm injured!” However, just because you accept the reality of your situation doesn’t mean that you have totally accepted that many aspects of your life have changed. Human beings are creatures of routine. Especially if you've been working on board a rig or ship for a long time, you’re used to the routine. You want to believe that this injury is a temporary set back and your recovery will be short.

So how do you “drive it home” that things really have changed? There is no all-in-one solution for maritime accident victims. However, the more attention you bring to the process of identifying your problems, finding resources, and healing, the less likely you will be to get distracted by unproductive thoughts.

For help with a specific injury case, connect with the team at Vujasinovic & Beckcom at www.maritimeaccidentattorney.com or (877) 724-7800.

5 workers plunge 80 feet into the Gulf, file Jones Act lawsuit

Thu, 15 Dec 2011 08:00:00 EST

A group of five workers who fell 80 feet into the Gulf of Mexico during a bridge removal project has filed a Jones Act case against Tetra Technologies, Baton Rouge Injury Lawyer Blog.com reports.

The case record states that last May, while being assigned to the D/B Tetra, the workers were removing the bridge that connected two sections of an oil production platform. They cut away the support structures and attached four nylon straps to the bridge. When the crane failed to raise and remove the bridge, the straps hung loose.

Next, they were allegedly ordered to climb onto the bridge to determine how to remove it. While conducting an examination of the bridge from the top, one end collapsed and the entire group dropped 80 feet into the water.

The plaintiffs are Josue Olvera Armijo, Jose Luis Ponce-Zuniga, Kyle Ivy, Derrick Picou and Abraham Mayorga. Tetra stands accused of multiple counts of negligence.

They seek compensation for injuries caused not only by falling into the water but by being hit by objects falling from the collapsed bridge. Other requested damages include permanent disability, pain and suffering, medical expenses and lost wages. Punitive damages are also sought.

Two Vessels Crash In The Houston Ship Channel

Wed, 14 Dec 2011 08:00:00 EST

Early Tuesday morning, two tankers collided just north of the Texas City Dike, causing the U.S. Coast Guard to close a section of the Houston Ship Channel. It is unclear how many people were aboard the ships and if they were carrying any loads.

Luckily, there were no injuries or reports of pollution. Following the crash, the deep-draft vessels were anchored off the dike, and Coast Guard officials cordoned off that section of the channel where the scene occurred, as they started an investigation.

Other vessels in the channel were being allowed to pass by during the course of the investigation.

At this point in time, it is known that fog could possibly have played a role, but it is yet to be determined if that was the main factor of the collision. Currently, In the Houston Ship Channel, the boarding of vessels has been suspended until pilots determine it’s safe to resume.

If you or anyone you know has been injured on board a vessel, contact the attorneys at V&B for free information and a free evaluation. Toll free: 888-473-1258.

"No one in the wheelhouse" of vessel that collided into another vessel

Tue, 13 Dec 2011 08:00:00 EST

"As the Master Dustin II approached ... plaintiff noticed that there was no one in the wheel house," states the lawsuit of plaintiff Duc Ngo. "Shortly thereafter, the Master Dustin II collided with the Jacob Doan, despite plaintiff taking evasive action."

Ngo alleges he suffered injuries in a February incident when the defendant’s vessel, Master Dustin II, collided with his vessel, the Jacob Doan.

The suit claims no one was driving the Jacob Doan, reports the Southeast Texas Record.

Defendants Thu Nguyen and Lan Vo are accused of negligence for failure to keep a proper lookout and use prudent care on the Jacob Doan.

S&T Marine was originally listed as a defendant when the case was filed May 18 in Jefferson County (Tx) District Court. However, that company was non-suited (per Ngo’s motion) after he was notified that it had no connection with the collision.

Ngo asks for loss of profits and repair expenses.

Researchers Find Vaccine For Cruise Ship Virus

Sun, 11 Dec 2011 08:00:00 EST

A new vaccine is underway for the possible prevention of the norovirus, a virus that has brought many cruise ship injuries over the past two years. Outbreaks have been reported more frequently, with passengers experiencing bad vomiting and bad diarrhea, like the Celebrity Cruise ship, Solstice. The virus is highly contagious and spreads like wild fire aboard cruise ships.

A 2009 study published in the Clinical Infectious Diseases journal stated that the norovirus is a result of negligent and unsafe cleaning, which then leads to the contamination among food handlers, doorknobs, sneezing, and handshakes.

Dr. Robert Atmar, a professor of medicine and molecular virology at the Baylor College of Medicine has said that it is possible to prevent infection and illness with a vaccine for norovirus.

A recent study of the vaccine showed great results. Out of 98 people who were given the vaccine, seventy percent were less likely to develop the stomach bug, the cause behind cramping, diarrhea, and vomiting. Plus, the norovirus appeared in their system less frequently.

There were no safety issues reported while doing the study, which lasted a few weeks. The vaccine is given in two doses, three weeks apart, and had small side effects like stuffy nose and sneezing.

It seems like the studies are proving to be worth the effort, but there are no details about when or if the vaccine will be made available. Perhaps it could be a tremendous stepping stone that may lead to further research for potential vaccines.

If you or anyone you know has been injured on a cruise ship, contact the lawyers at V&B for free information and a free evaluation. Toll Free: 888-473-1258.

Tennessee tug captain files personal injury lawsuit against employer

Sun, 11 Dec 2011 08:00:00 EST

A Tennessee tugboat captain is suing employer Sevenson Environmental Services Inc. for disabling arm and wrist injuries suffered after falling down a ladderwell.

The 52-year-old from Orlinda, Tenn., whose name was not made available in the story appearing in Offshore Injuries.com, was piloting a truckable tug as part of the Kingston Recovery Project on the Tennessee Valley Authority.

The event in question allegedly happened as follows. On Feb. 14, 2010, the plaintiff was heading down to check on the engine room. He opened a hatch which had been modified by the company and placed on hinges. The revised configuration did not leave any place to grab onto while beginning to climb down the ladder.

Moreover, Sevenson had altered the stairwell to a steeper angle of descent.

As the plaintiff tried to climb down the ladder—there was no handrail—he slipped on hydraulic fluid on one of the steps (with no non-skid) and fell onto the floor, smacking his head, back, hip and arm in the process.

The captain suffered fractures to his right radial shaft, right ulnar styloid and right wrist. On July 10, 2010 he underwent surgery of his wrist and ulna.

He is presently disabled.

Sevenson Environment Services is accused of providing an unseaworthy vessel. It is based in Niagara Falls, NY.

Seaman medevaced from cargo ship off of Alaska

Sun, 11 Dec 2011 08:00:00 EST

A sick crewmember was medevaced by a Coast Guard vessel from a cargo ship in the North Pacific Ocean.

At 4:30 a.m. on Dec. 2, Coast Guard Command Center in Juneau was notified that a 52-year-old man was suffering from abdominal pain aboard the the 610-foot Maltese-flagged Navios Ulysses. The distance was too far to airlift. On Dec. 4 at 4:14 a.m., the ship was met by the cutter Rush 713 miles southwest of Kodiak. He was transferred to the cutter by a small boat in 30-knot winds and 12-foot seas. The Rush arrived in Kodiak on Dec. 5 at 2:00 p.m. He was transported to a medical center and remained in stable condition. His vessel continued on to Portland, Ore.

Source: USCG

Wave of illness plagues Celebrity cruise ship

Sat, 10 Dec 2011 08:00:00 EST

118 of the 2,730 passengers aboard the Celebrity Cruise ship Solstice have come down with symptoms of gastrointestinal illness, reports the Centers for Disease Control (“CDC”).

Symptoms include diarrhea and vomiting.

The ship will return to Fort Lauderdale on Dec. 11 upon completion of its current 14-day cruise.

Once it docks, an epidemiologist and environmental health officials will come aboard to assess the situation and how the ship responds to it.

The Solstice has had two norovirus outbreaks this year, one in January and one in February where a passenger died.

More than 100 passengers became sick on another Celebrity ship, Millenium, in May.

According to Cruise Law News.com, the actual numbers of passengers becoming ill are usually greater than what is reported to the CDC because cruise lines are not required to report outbreaks if the ship does not call on a U.S. port. For example, even though there was a norovirus outbreak on the Celebrity Eclipse in September, there is no indication of that in the CDC database because the vessel sailed out of England.

Another reason for the underreporting is because many sick passengers know they will be quarantined in their cabins and they don’t want to wait in long lines outside the infirmary. Moreover, crewmembers may be pressed to work through their illness.

Lawsuit filed for fatal crane accident at the LOOP in the Gulf

Sat, 10 Dec 2011 08:00:00 EST

The LOOP
(jerrylabella.com)

Family members of a technician who was killed in a crane accident at the Louisiana Offshore Oil Platform (“LOOP”) have filed a lawsuit against the companies responsible for the crane’s maintenance.

On Oct. 30, 2010, Nolan Knoblock, Jr. was replacing an overhead light bulb on the LOOP’s West Bridge area. In order to access the light bulb, he used the overhead crane as a work platform. The crane suddenly lurched forward and pinned him between it and a cable tray.

When other workers reached the scene they freed him and performed medical first aid but were unable to save him.

After the accident, LOOP investigators found a control wiring problem was responsible for the accident.

Plaintiffs filing individually and on behalf of Nolan Knoblock, Jr. are Evangeline Matherne Knoblock, Nolan Paul Knoblock, Brent Christopher Knoblock and Kurt Michael Knoblock. They seek damages for medical expenses, loss of services and support, loss of care and affection, grief and mental anguish, and punitive damages. They also ask for damages for the decedent’s conscious pain and suffering prior to death.

Named as defendants are Offshore Process Services Inc., Konecranes Inc., Donavan Meyer Associates Inc., Oil States Martec Crane Services Inc., Oil States MCS Inc. and Oil States Industries Inc. They are accused of negligence for failure to complete a thorough inspection of the crane, failure to certify that the crane was in good working order, and for failure to notify LOOP authorities about the control wiring problem.

The case was initially filed in Tangipahoa Parish (La.) District Court on Oct. 27. The defendants removed it to New Orleans federal court on Nov. 28.

The LOOP is a deepwater terminal near the town of Port Fourchon.

Source: Louisiana Record

Seaman files Jones Act case after crane fall on vessel in Saipan

Thu, 08 Dec 2011 08:00:00 EST

A crewmember of a U.S. ship anchored off of the Pacific island of Saipan is suing the federal government for injuries suffered after allegedly falling from a crane.

Randall J. Brown, plaintiff, filed his Jones Act negligence case in U.S. District Court for the Northern Marianas Islands. The vessel is the USNS Major Stephen W. Pless, a prepositioned ship that was anchored off the Saigon lagoon.

Brown has been employed on the Pless for the past 18 months and continues to work there, his attorneys say.

The incident in question occurred on Sept. 26, 2011. Brown was ordered to work on a crane which required him to use the crane’s ladder. According to his lawyers, the ladder did not have a safety cage around it and it had sharp edged rungs.

As he was climbing down the ladder, his boot allegedly got caught on the lowest rung and he fell a short distance onto the deck below.

Rain that day made the deck around the ladder wet and there was no non-skid surface on it. Moreover, part of the deck area had recently been painted and it was slippery and unsafe, said his attorneys.

When he fell off the ladder, his feet slipped on the deck. He suffered severe injuries to the medial collateral ligament and meniscus of his right knee along with swelling and various contusions to his body. He continues to need medical treatment and physical therapy.

The defendants are accused of maintaining an unseaworthy vessel.

Brown seeks unspecified compensation, court costs and interest.

The Pless is operated under Military Sealift Command time-charter and is operated by International Shipholding Corp. and its subsidiaries, Waterman Steamship Corp. and LMS Shipmanagement Inc.

Source: Saipan Tribune

Seafarers being burdened by defective TWIC cards

Thu, 08 Dec 2011 08:00:00 EST

If you have a defective TWIC card, it’s your responsibility to replace it.

TSA says 26,000 TWIC holders may have cards that don’t work at electronic readers due to an encoding error, reports gCaptain.com.

And if you are one of the unlucky ones, guess what? You have to go to an enrollment center to pick up a replacement.

The agency blames the problem on a system error that incorrectly embedded a federal code number on the card’s microchip.

Even though the error was supposedly fixed on April 5, holders were not notified until November.

What this means is that if your card was issued before April 5, you may have to replace it.

To see if your card is defective: 1) Look up the 8-digit Agency Serial Number (ASN) on the back. It will be on the bottom left on the same line as the numbers ‘7099’ that appear on the bottom right. 2) Click here, to find out if your ASN matches a number on the TSA list. If so, you may need to replace your card if you use it with a card reader.

To replace your defective TWIC, call their Help Desk at 1-866-347-8942 Mon through Fri, 8 a.m. to 10 p.m. Eastern time. Tell them your card has a truncated FASC-N and they will help you to order a replacement free of charge.

Unfortunately, they make you go to an enrollment center to pick up the replacement. So if you live in states like Idaho, Montana and Wyoming, where there are no enrollment centers, it means long travel and expense. You must turn in the old card when you pick up the new one.

If you do not use a card reader, you do not have to replace your card at this time. However, the gCaptain story seems to imply that at some point you will have to replace it.

Why can’t the agency just mail the card to you instead of making you spend time and money out of your own pocket to correct their mistake?

BP And Halliburton Play The Blame Game In Federal Court

Tue, 06 Dec 2011 08:00:00 EST

BP and Halliburton are playing the “blame game” with each other in a new lawsuit filed in federal court by BP, accusing Halliburton of destroying evidence related to the explosion of the Deepwater Horizon oil rig, which resulted in the worst oil spill in U.S. history. Halliburton was a contractor for BP on the rig. The mising documents may prove that the cement barriers on the rig were faulty.

In the filing, BP claims that Halliburton destroyed evidence on cement testing and violated court orders by not bringing forth “missing” computer modeling results. Allegedly, after repeated requests from BP and an order from the court, Halliburton refused to provide these documents in discovery.

Here’s where it gets interesting. After more investigations, BP apparently discovered that Halliburton destroyed the results of physical slurry testing, and it has lost the computer modeling outputs that showed no channeling, all because they wanted to eliminate any risk that the evidence would be used against them at trial.

Halliburton has responded, saying that the conclusions are without merit and they are looking forward to contesting BP in court.

In the BP documents, it is said that two Halliburton employees testified under oath about destroying notes and samples related to analyzing the stability of a similar cement mixture that was used in the failed oil well. In the deposition, Rick Morgan, the Halliburton Global Advisor in Gulf Cementing, stated that he didn’t take any notes about the slurry, nor pictures, and he in fact dumped out the sample partly for fear that it would be misinterpreted in the litigation.

In September, the final federal report on the spill said that BP, Transocean, and Halliburton all share responsibility for the deadly explosion and ensuing oil spill, violating a number of federal offshore safety regulations.

Are you ready for the highlight? The report concluded that a key cause of the explosion was a faulty cement drilling barrier at the well site. Halliburton, as a BP contractor, was responsible for conducting the cement job, and had certain responsibilities for monitoring the well. Now it seems to be unsurprising that the documents to the construction are now “missing.”

The reasons why the cement job failed are unknown, but the disaster was the result of poor risk management, last minute changes to plans, failure to observe and respond, inadequate well control response, and insufficient emergency bridge response training by companies and individuals responsible for drilling at the site. All companies have a hand in this negligence.

BP has agreed with the report’s conclusion and has acknowledged its role in the accident and claim that they are taking steps to enhance safety and continue to encourage other parties to acknowledge their roles. This seems to be reading loud and clear with the lawsuit.

However, Halliburton is still denying all responsibility. They claim that the report has incorrectly attributes the operation decisions to Halliburton and the operational responsibility lies solely with BP.

As these two major companies play the game of blame, it still does not take back the lives lost, the extreme contamination, and countless injuries in the future that the hundreds of gallons of chemical dispersant which went into the Gulf will arise to show.

If you or anyone you know has been injured due to an oil rig accident, contact the attorneys at V&B for free information and a free evaluation. Toll Free: 888-473-1258.

Deepwater Horizon culprits going after each other

Mon, 05 Dec 2011 08:00:00 EST

It’s every company for itself behind the Deepwater Horizon disaster.

BP Plc says Halliburton destroyed evidence implicating it (Halliburton) of poor cement work on the ill-fated well that blew out in the Gulf of Mexico in April, 2010.

BP accuses Halliburton of “intentionally” destroying slurry testing results on the well to “eliminate any risk that this evidence would be used against it at trial,” Reuters reports.

Moreover, the oil giant said Halliburton lost computer evidence revealing how the cement performed, with Halliburton saying the information simply vanished.

BP cited Halliburton’s internal documents and recent depositions as the factual basis of its allegations.

BP is asking federal judge Carl Barbier to sanction Halliburton by ruling that the slurry design was “unstable,” a ruling that could be used at trial. The company also asked the judge to allow forensics experts to locate the missing computer data.

Employer terminates survivors of pirate attack

Mon, 05 Dec 2011 08:00:00 EST

Imagine the following scenario: Somali pirates attack and hijack your ship. They turn your vessel into a mother ship and force you to work for them as they conduct raids in the Arabian Sea. After being enslaved for three months, an Indian navy vessel engages your ship in a battle. A fire breaks out on board the vessel. You and your ship mates jump for your lives into the ocean. Nine of your original crewmembers drown. You’re taken to safety, likely battered, bruised and suffering the effects of PTSD.

A few months later, your company fires you and your fellow survivors.

This story actually happened to the 12 survivors of the Vega 5 which was hijacked on Dec. 27, 2010 off the coast of southern Mozambique. Pescamar, the Mozambican fishing company, cancelled the contracts of the survivors, reports the Beira daily paper “Diario del Mocambique.”

The company justifies the move by claiming it now needs fewer workers. It is reportedly not even offering any compensation.

Survivor Jose Mandava says that according to Pescamar, Mozambican law does not allow for compensation.

But somehow Pescanova, Pescamar’s Spanish parent company, was able to come up with a multi-million dollar ransom to release two of its Spanish crewmembers held hostage in Somalia.

How did Pescamar find a law allowing it to pay a ransom for only Spaniards but not compensation for other nationalities of the same crew?

Florida Boat Crash Prompts Investigation

Sun, 04 Dec 2011 08:00:00 EST

The Florida Fish and Wildlife Conservation are investigating a boat crash which killed one man and seriously injured a woman on the Intracoastal Waterway.

Aldo Rodriguez and Odalys Diaz were riding south around 1:40am when their boat crashed head-on into a seawall early Monday morning. The crash split the boat’s hull and pinned Rodriguez inside, virtually trapping him. Diaz hurled into the water and was found floating when paramedics arrived at the scene.

Rodriguez was found unconscious as the rescuers spent twenty minutes using a chainsaw to try and free him. They dismantled, cut the boat open, and transferred Rodriguez to the hospital where he died. Diaz still remains at the hospital.

It was discovered at the scene where the crash occurred that the area was water marked as a no wake zone, which means boats are expected to travel the area with caution, at low speeds. Judging by how the boat was found and the way it was split, speed played a violent part in Rodriguez’s death. It is unclear whether negligence or alcohol is a factor as well.

If you or anyone you know has been victim of a negligent driver, both on land or at sea, contact the lawyers at V&B for free information and a free evaluation. Toll free: 888-473-1258.

Questions raised in USCG case against pilot of deadly helicopter crash

Sun, 04 Dec 2011 08:00:00 EST

The Coast Guard is blaming a helicopter pilot for negligently flying into power lines and causing a crash that killed three crewmembers in Washington State in 2010.

But questions are being raised about whether the USCG is making Lt. Leone the scapegoat for its own negligence.

Lt. Lance Leone, 31, faces possible court martial and 7 ½ years in prison if convicted for negligent homicide.

The power lines in question are strung 1,900 feet between LaPush and James Island.

The USCG was in charge of maintaining the lines and there have been other accidents involving them. In a 1961 fatal accident, a federal appeals court ruled that the USCG did not exercise “reasonable care” by not installing warning devices. In the late-1950s there was another collision involving the same lines.

Leone’s father, George, claims that the cables were unmarked and that orange warning balls were close to the poles instead of in the middle of the span.

"And the sole survivor, they're trying to blame him," said George Leone. "It's just unbelievable."

Lt. Lance Leone has been awarded numerous awards, including commendation medals.

Leone is charged with negligent homicide, dereliction of duty and destruction of government property. He stands accused of failure to properly navigate the helicopter to miss charted hazards and that he failed to fly at a higher altitude. It is alleged he flew “without proper authority” and caused the destruction of the $18.3 million CG-6017.

He is charged with the deaths of Adam C. Hoke and Lt. Sean Kruger but not of Brett Banks, the other pilot. His defense attorney says the government has not explained why this is so.

Sandra Banks said she and her husband met with Leone this summer and considers the Leone’s to be as family. She believes the accident was caused by improperly marked cables.

"We just felt good about it after that, like we could go on," she said. Now, "we're hoping and praying he will be absolved, exonerated, that nothing will come of this."

Source: Associated Press

Fishermen have the most dangerous job in the U.S.

Sat, 03 Dec 2011 08:00:00 EST

Fishing is “easily the most dangerous job in America,” according to CNN Money.

29 fishermen were killed in 2010, according to the Bureau of Labor Statistics. That is a rate of 116 deaths per 100,000 workers.

Here is the list of most dangerous professions (fatality rate per 100,000 workers):

1) Fishermen-116
2) Logger-92
3) Airplane pilot-71
4) Farmer and rancher-41
5) Mining machine operator-39
6) Roofer-32
7) Sanitation worker-30
8) Truck driver and deliveryman-22
9) Industrial machine repairman-20
10) Police officer-18

At an average median wage of $27,880, fishermen are the lowest paid workers on the list.

Seaman's finger severed at sea

Sat, 03 Dec 2011 08:00:00 EST

A crewmember was medevaced from a containership off of Alaska after a finger on his left hand was severed in an accident, the Coast Guard said in a press release.

The crew of the Antigua and Barbuda flagged ship Mare Phoenicium placed a distress call Thursday afternoon. Air Station Kodiak deployed an MH-65 Dolphin helicopter to the 865-foot vessel and airlifted the 62-year-old Montenegrin crewmember. He was transported to Anchorage for medical treatment.

Reduce your Odds of Ever Needing a Scuba Diving Accident Attorney: Stay Sober and Keep Your Craft "Dry"

Sat, 03 Dec 2011 08:00:00 EST

In a recent library article, we talked about one of the most likely ways to put yourself at risk of needing a scuba diving accident attorney.

The take home message was this: when you, your fellow divers, your scuba diving instructor, or your captain drinks alcoholic beverages and/or takes drugs the risk of disaster onboard skyrockets. Drugs, alcohol, and diving do not mix. These substances diminish response times, stunt listening skills, contribute to an “overly relaxed” atmosphere, and often complicate emergency response and rescue efforts.

You might think to yourself, "that is very obvious." Of course, no one should drink and do drugs and then go scuba diving. Yet many people still do, and this behavior leads to countless preventable tragedies.

To prevent, or at least to minimize potential for disaster, stay sober and ensure that your diving instructors, captains, and others onboard remain sober and in control. Just like you would probably think twice about getting in a car driven by an intoxicated driver, you should think twice about going scuba diving with a intoxicated captain or instructor.

Unfortunately, this is often easier said than done. Peer pressure can be a powerful force. Just like a teenager might hop in the car of an intoxicated friend for social reasons; so too a scuba diver might hesitate to say anything if an instructor has a few cocktails. You may have to fight your impulse to not say anything and either explicitly tell the offender (or offenders) to stop. If you sense that the other members of your party may be to intoxicated to participate in or supervise your dive you need to dock the boat and get off the craft immediately. Certainly, do not go scuba diving if/when people are drinking or abusing drugs.

If you have been the victim of a negligent person on a scuba dive connect immediately with the lawyers at Vujasinovic & Beckcom or call the offices now at (877) 724-7800.

Picking Up the Pieces after Being Injured on a Cruise Ship. Part 2: Reasoning and Action

Fri, 02 Dec 2011 08:00:00 EST

After you've been injured on a cruise ship, you face an untidy and potentially diverse gamut of challenges, some of which we discussed in a recent library article. Once you have collected and corralled all the various "loose ends" associated with your cruise ship injury or accident, give yourself a pat on the back. You have gained clarity on your "starting line." The more honestly and completely you can catalog what is true in your world, the easier it will be to make progress.

However, knowing your starting line is only half the battle. The next step is identifying your finish line. In other words, recuperating from a cruise ship accident is much like running a race. You need to know where your starting line is. You need to know where your finish line is. You need to know the rules of engagement - how to play the game.

Now that you have defined your starting line, you need to define the rules of the game and the end goal. Then you need to take action.

Defining the Rules of the Game

Whatever problem you face, there is an easy way to divide the principles that you want to employ-your rules of engagement. Spend some time (you don't need much time, maybe 10 minutes or so) answering this question: "If I could outsource my entire cruise ship accident recovery, so that everything is better again, would I let anyone else do the job as long as they did the following...?"

Then make a bullet point list and identify what you would insist another person do for you (e.g. "hire a competent maritime accident attorney"), and there you go; you have your principles.

Finding the Finish Line

Split up your "visioning" into two distinct sections:

First, imagine that you've succeeded at your quest to put the cruise ship accident behind you. Imagine this from a place of "fantastic success." Don't worry at this point about how you will make that success happen. Just let your mind go crazy, and come up with as many ideas as you can. Spend 30 minutes or even an hour on this part of the exercise.

Second, once you've completed that exercise - and it's important that you complete it first - go through and start to concertize, prioritize, and organize your thinking. Splitting up the creative visioning from the organizing is crucial if you want to set yourself up for best success.

Once you have your starting line, principles, and finish line worked out, all you need to do is to put the plan in action. Don't wait for "getting it perfect." Just get it close enough, and then start taking action and regularly reflecting as you go along.

For help with your cruise ship accident, connect with the Vujasinovic & Beckcom team at 877-724-7800 or www.maritimeaccidentattorney.com.

Does the Jones Act apply only to American mariners?

Wed, 30 Nov 2011 08:00:00 EST

An injured foreign seaman may in fact be covered under the Jones Act in many cases. There are several factors used to make this determination and they include: where the injury occurred, the vessel's flag state, the location of the vessel's owner and operator, seaman's country of origin, the place of contract and the availability of a fair court system. An experienced maritime law firm is best qualified to advise a foreign seaman in this matter.

Seaman files back injury lawsuit after vessel goes aground

Tue, 29 Nov 2011 08:00:00 EST

A Texas man has filed a lawsuit against Breathwit Marine Contractors for a back injury he claims resulted from the vessel running aground, the Southeast Texas Record reports.

Ronald Weekly, Brazoria County, states in his petition that while performing unspecified duties aboard the vessel Susan on July 1, he sustained a back injury after being thrown to the deck when the vessel grounded.

The defendant is accused of failure to provide a safe working place, failure to provide sufficient crew for the task or provide proper equipment, and failure to provide a safe and seaworthy vessel.

The plaintiff seeks compensation for permanent bodily impairment, disfigurement, physical pain, mental anguish, medical expenses and earning capacity.

The lawsuit was filed Nov. 17 in Galveston County District Court.

Do voluntary LHWCA compensation payments prevent a Jones Act lawsuit?

Tue, 29 Nov 2011 08:00:00 EST

As one recent case illustrates, an employer’s decision to halt voluntary payments under the Longshore and Harbor Worker’s Act (LHWCA) did not prevent Jones Act coverage. The injured worker had been receiving the voluntary payments for several months and then they stopped without warning. The central question that went before a federal court was: could the worker file a Jones Act case after already receiving payments?

The Deputy Commissioner which reviews LHWCA claims argued that the worker was out of line for collecting money and then abruptly changing course. The Jones Act lawyer argued—successfully—that the precedent set by previous Jones Act/LHWCA claims tested the other way made it “logical” for the process to “work both ways.” That precedent had been set by the Supreme Court.

The bottom line is that if your employer stops making voluntary compensation payments, you have other options such as filing a Jones Act claim. Contact an experienced offshore law firm at once.

Source: 1800JonesAct.com

Husband gets suspended sentenced in wife's jet ski accident in Australia

Tue, 29 Nov 2011 08:00:00 EST

A husband whose wife lost her leg when she fell off a jet ski he was driving in Australia last year pleaded guilty and was given a six-month suspended jail sentence.

Jamie McAtamney was driving the jet ski with his wife sitting behind him. When he made a sharp turn, Mrs. McAtamney was thrown into the water and a boat hit her. Her leg was severed above the knee.

She has been hospitalized twice this month and needs continuous care, her husband’s attorney said.

The accident occurred in Queensland’s Gold Coast..

Jamie McAtamney pleaded guilty to operating a motor vessel unsafely and causing grievous bodily harm.

The magistrate said he behaved with gross negligence of an extreme kind, behavior becoming all too familiar on the Gold Coast.

The six-month jail sentence was suspended for 18 months because he is needed to care for his wife and their children.

Source: Australian Broadcasting Corporation

Reducing Uncertainty to Win: A Timely Resource from an Experienced Scuba Diving Accident Attorney

Mon, 28 Nov 2011 08:00:00 EST

Your scuba diving accident case hinges on a staggeringly diverse number of factors, including how you sustained the injury, what medical care you received after the fact, whether a boat operator's negligence or carelessness may have contributed to what happened, whether any of the diving gear malfunctioned or failed due to calibration errors, whether you caused or contributed to the problem due to your errors or negligence, and so forth.

In this blog post, we will take a look at actions you can take right now to reduce or even eliminate many of the uncertainties of your accident and maximize your chances for success.

Begin collecting possibly relevant information ASAP.

Whether your accident occurred this afternoon or three months ago, you have no time to waste. Don't pre-sort possible relevant evidence. A written witness statement may prove vital to your case, as may a police report, a medical document, and even a piece of debris from a torn diving suit. Your attorney can help you determine later which evidence may or may not be useful.

Write down and otherwise record your testimony as well as anyone else's potentially relevant testimony.

Don't rely on your memory to save the blow-by-blow of the accident for you. Your memory will warp, degrade, and disintegrate over time. This creates an obvious problem in terms of reducing your testimony's reliability. It also creates a challenge for your attorney, who may not be able to rely upon your remembered record well enough to connect the dots.

Get help early on in the process.

You might be surprised by the power and diversity of the resources that your attorney can employ to help you obtain compensation. However, the power of those resources will diminish over time. Connect with the experienced team at Vujasinovic & Beckcom at www.maritimeaccidentattorney.com or (877) 724-7800.

What is "loss of found"?

Mon, 28 Nov 2011 08:00:00 EST

“Loss of found” is a maritime doctrine that sometimes appears in the list of damages in a Jones Act case. It signifies the value of room and board that the seafarer would have received while employed on the vessel if he or she had not been hurt.

Another personnel basket Jones Act lawsuit filed

Mon, 28 Nov 2011 08:00:00 EST

For the second time this month, a Jones Act lawsuit has been filed because of injuries caused from the violent jerking of a personnel basket transfer.

The most recent suit was filed Nov. 10 in New Orleans federal court. Plaintiff Willie Otis of Mississippi alleges that as a passenger in a transfer basket on Sept. 16, 2011, a crane malfunction caused the basket to fall and jerk violently. Serious and disabling injuries occurred to his knees and low back, his suit states.

Defendants Nabors Offshore Corp. and Nabors Industries Ltd. are accused of failure to provide a safe working place, failure to properly operate, maintain and repair the crane, and failure to conduct the personnel transfer in a reasonably safe manner.

Otis seeks $1.5 million compensation for physical and mental pain and suffering, medical expenses, loss of wages and earning capacity, compensatory damages, attorney’s fees, cost and interest.

Just over one week before Otis filed his lawsuit, a previous lawsuit was filed in a separate case involving injuries from a personnel basket transfer operation. That plaintiff was also allegedly injured from a violent jerking motion.

Source: Louisiana Record

Prince William Rescues Stranded Crew Members From Irish Sea

Mon, 28 Nov 2011 08:00:00 EST

Following a fatal ship accident, the British owned vessel, Swanland, received a rescue of royal measure.

Prince William co-piloted a Sea King helicopter that rescued two injured crew members who were found clinging to lifeboats in the water after the Swanland hit a huge wave that ruptured its hull.

Another crew member was found in the water a bit later, but was confirmed dead according to the Maritime and Coastguard Agency.

The Swanland, a 265 foot vessel, was transporting 3,000 tons of limestone from Colwyn Bay to Cowes. The crew sent out a distress signal around 2:00 am from the Irish Sea after the wave hit.

Eight people, all Russians, were on board at the time and only three have been recovered. The two men that were recovered by Prince William’s chopper were taken to the hospital with no signs of injury, just shock. A search is underway for the remaining five.

Prince William works at the Royal Air Force Valley and has been known to step into the pilot’s seat from time to time.

This is not the first time the Swanland suffered failure on the sea. In August 2010, the vessel suffered engine failure in high winds and nearly crashed on the rocks off Cornwall in southwest England. However, despite these signs of failure, the vessel was still put out to work.

Transporting goods on the sea is a dangerous task and crew members are constantly risking their lives doing such a job.

If you or anyone you know has been injured in a vessel mishap, contact the attorneys at V&B for free information and a free evaluation by calling our toll-free number 888-473-1258.

Dealing with the "Irony Problem": A Primer for Cruise Ship Accident Victims

Sun, 27 Nov 2011 08:00:00 EST

In a recent library article, we explored how the typical cruise ship accident is fused with irony. We go on luxury vacations to "get away from it all"-to, in some way, shield ourselves from deep problems that have been bugging us. These problems can range from stresses at work to anguish over a recently-failed relationship to fear of mortality itself. Regardless of our reasons, we imagine that cruise liners will be safe, nurturing environments. When they turn out not to be - when we slip, fall, and hurt ourselves, get food poisoning, or otherwise get sick or injured - the result is ironic. There is a dissonance between expectation and result.

How do we get around this "irony problem" and make sure that our humiliation or frustration does not prevent us from getting good help?

Step 1: Recognize your inner thoughts.

Slow down, and take a good hard listen to your internal monologue. Write down some of your thoughts in a free flowing manner. For instance, spend 10 minutes journaling about the accident. Once you see your thoughts and recognize the patterns of your thinking, you can more objectively analyze them.

Step 2: Avoid letting inertia sink in.

Sometimes when we feel frustrated, humiliated, or embarrassed, we avoid taking action for fear of these feelings resurfacing and having to confront them again. Cruise ship victims may feel uncomfortable dredging up what happened because of pride. An ex-military commando, for instance, who survived five years of combat only to slip and fall on a deck and break his leg, might feel deeply ashamed and fail to get help. To break out of this tough, invincible mentality, action is key. Avoid letting self-pity or frustration prevent you from getting the help you need.

Step 3: Connect with a responsible, respectable cruise ship accident law firm.

The team at Vujasinovic & Beckcom ((888) 724-7800 and www.maritimeaccidentattorney.com) is here to answer your questions, help you get well, and walk you through the dos and don'ts of cruise ship accident law.

Deeper Reason #3 to Choose a Competent Maritime Injury Lawyer: Reduce Your Future Risk of Accident or Injury

Sat, 26 Nov 2011 08:00:00 EST

In the rush to find a qualified maritime injury lawyer, you and your family are probably focusing primarily on "present" concerns. For instance, you likely need to deal with medical emergencies, logistical problems, financial problems, emotional issues, and even problems with finding, retaining, and working with an injury law team itself.

In two previous articles, we explored how retaining a quality maritime injury lawyer can benefit you and your family, not just in terms of your ability to maximize compensation and obtain justice, but also in terms of your ability to gain clarity about what you need to do and enjoy long-term satisfaction with the results.

In this third and final piece in the series, we're going to take a look at another deep benefit of choosing the right law team. You may substantially reduce your risk of getting involved in a subsequent maritime accident or illness

If you make your living as a maritime laborer (e.g., industrial rig operator or fisherman), this insight should be profound.

But how, exactly, does obtaining the right counsel help you avoid problems in the future? Here are several reasons. They are relatively speculative, but they certainly make sense:

After working with the law firm, you will better understand how the law works, and you will appreciate your rights and responsibilities as a maritime worker, tourist, or adventurer.
Your appreciation of the power of maritime law will enable you to be more aggressive in future discussions with employers who ask you to engage in dangerous and possibly even illicit practices. In other words, your backbone will be stiffened to help you avoid putting yourself at risk.
You'll appreciate and respect your ability to bounce back from damaging or scary events, but you will simultaneously become far more cognizant of your limits. This increased self-awareness will help you out in the water, whether you fish, tour, work on a big rig, or work for the military.

For assistance, tap into the resources, compassion, and systematic processes of Vujasinovic & Beckcom team. Dial (888) 724-7800 or get free help at www.maritimeaccidentattorney.com.

Seaman files suit for harness failure

Sat, 26 Nov 2011 08:00:00 EST

An offshore worker and his family are suing his employer for suffering injuries from an alleged lift harness malfunction.

William Gerald Smith, along with Rosiland Schanell Bailes Smith and Shannah Smith, filed the suit Nov. 2 in New Orleans federal court against Pride International Inc., International Technical Services, Ensco PLC, Ensco Offshore Co., Ensco Inc. and Universal Ensco.

The incident in question occurred on Nov. 13, 2008. The plaintiff says that he fell violently to the vessel’s deck from 20 feet up when one of the carabineers attaching him to his lift harness failed, the Louisiana Record reports.

The nature and extent of the injuries was not disclosed. Smith seeks damages for physical injury, disability and scarring, medical expenses, mental anguish and distress, loss of earnings and earnings capacity and loss of enjoyment of life.

Captain claims serious injuries while being a good Samaritan

Sat, 26 Nov 2011 08:00:00 EST

While trying to assist workers on a sinking vessel, another vessel’s captain claims he suffered serious injuries to his head, neck and shoulders.

Ralph V. Toland, plaintiff, filed a Jones Act negligence suit against Antill Pipeline Construction Co. Inc., Antill Pipeline Company Inc., Antill Pipeline Corp., and Antill Pipeline & Construction Co. The case was filed Nov. 2 in New Orleans federal court.

On April 11, 2009, Toland was employed as captain on the defendant’s vessel M/V Texas Tiger. The vessel was working alongside the vessel M/V Bev. The M/V Bev was sinking and its crew called for help. Toland claims that while rushing to assist, he suffered serious and disabling cuts and trauma to his scalp, neck and shoulder areas.

Toland seeks compensation for mental anguish, pain and suffering, loss of earnings and earnings capacity,

Source: Louisiana Record

Maersk supply boat strikes Transocean drilling rig

Sat, 26 Nov 2011 08:00:00 EST

A Maersk supply vessel collided with a drilling rig owned by Transocean off the Canadian coast.

The accident occurred at 3:30 p.m. on Nov. 24 about 217 miles east of St. John’s, Newfoundland. That’s when the Maersk Detector struck one of the eight steel columns on the GSF Grand Banks platform.

The vessel’s stern was damaged above the water line and was expected to make it to shore under its own power. The platform has a nearly 15 foot gash covering 20 percent of the stricken column, said Husky Energy spokesperson Colleen Mc Connell. It will be towed for repairs when the weather allows. The rig was already scheduled for maintenance in about 60 days.

Transocean is the same company that owned the Deepwater Horizon, which exploded and killed 11 workers on April 20, 2010.

The Transportation Safety Board was sending an investigation team to the site. Maersk and Transocean were conducting internal investigations. The cause of the collision has not yet been officially determined.

There were no injuries reported among the 90 rig workers and 15 vessel crewmembers.

No environmental damage was reported.

Source: Canadian Business.com

Offshore worker files Jones Act suit after personnel basket accident

Sat, 26 Nov 2011 08:00:00 EST

Ensco Inc. and Stone Energy Offshore are named defendants in a Jones Act lawsuit filed by a pipeline x ray technician from an accident in the Gulf of Mexico, the Louisiana Record reports.

Darnell Deon Baloney, plaintiff, alleges that on Nov. 16, 2010, as he was being moved in a metal personnel basket suspended from a crane while he was inspecting wells, the basket hit the crane’s cables. This caused it to jerk and tilt violently and resulted in serious, permanent and progressive injuries to his lumbar spine, his lawsuit states.

Baloney was employed by Bayou Testers and working under the authority of the ENSCO 99.

He seeks compensation for physical and mental suffering, pain, mental anguish, disfigurement, scarring, humiliation and loss of earning capacity.

The defendant stands accused of negligence for failure to provide a safe working place, failure to properly operate, maintain and inspect the crane, failure to properly supervise and train the crane operator, and for providing defective and improper equipment.

The lawsuit was filed in federal court in New Orleans.

Offshore oil worker alleges he was fired for being a whistleblower

Sat, 26 Nov 2011 08:00:00 EST

An offshore oil well worker claims he was fired in retaliation for blowing the whistle on his company’s environmental and safety violations.

Toney Mitchell, plaintiff, names Morrison Energy Group and Abandonment Consulting Services (ACS) as defendants in the lawsuit.

Mitchell alleges that on Aug. 6, he was made aware of serious safety and environment issues that were being ignored that could have potentially caused an oil spill in the Gulf of Mexico and serious injuries to workers. The response by management was that Morrison management could leave the job.

He states that when he sent an email on Aug. 9 detailing the seriousness of the violations, Morrison was directed by ACS to fire him three days later.

His firing was prohibited under the Louisiana Environmental Whistleblower Statute and the Louisiana Whistleblower Act, Mitchell argues.

Mitchell seeks triple damages for lost wages, humiliation and embarrassment, and mental anguish and depression.

The lawsuit was filed Aug. 26 in federal court in New Orleans.

Source: Louisiana Record

"Deeper" Reason #2 to Choose a Quality Maritime Injury Lawyer: Long-Term Satisfaction

Fri, 25 Nov 2011 08:00:00 EST

In part one on a series about the deeper reasons to choose a maritime injury lawyer to help you with your case, reasons that transcend getting money for an injury or illness and obtaining justice for what happened to you, we discussed how the right representation can give you and your family a renewed sense of clarity about your purpose, principles, and possibilities.

In part two of our discussion, we are going to look at how the right kind of help can lead to increased long-term satisfaction in the outcome of the legal matter.

Before we dive in, please note that the scientific study of happiness and well-being is very much in its infancy. That being said, burgeoning research in various disciplines, including social science and psychology, suggests that the way we focus our attention to anticipate an outcome can dramatically impact not just our satisfaction with the outcome when it occurs, but also our long-term retrospective satisfaction.

When you win your case, if you do, you will likely experience a surge of joy, relief, satisfaction, and stress release. How long will those good feelings last? If you have been guided properly - for instance, if you work with an experienced team, like the reputable, credentialed team at Vujasinovic & Beckcom - science suggests that those feelings of happiness and relief should remain with you for a longer period of time than they would if you were "surprised out of the blue" by the positive verdict.

On some level, this makes sense. After all, the verdict will be less a matter of serendipity (or catastrophe) and more the result of careful planning. Thus, you can take more responsibility for - and psychologically enjoy the fruits of - the positive verdict.

Of course, science and speculation aside, you likely have specific, concrete problems you need to deal with now. Connect with the Vujasinovic & Beckcom team at (888) 724-7800 or www.maritimeaccidentattorney.com for help.

Design flaw and poor maintenance faulted in life boat fatality

Fri, 25 Nov 2011 08:00:00 EST

In another example of the dangers of lifeboats, poor maintenance and a flawed design were ruled to blame for a seafarer's plunge to death from a cruise ship in a lifeboat accident in New Zealand in January.

The victim and another worker were performing routine maintenance on the Volendam's starboard lifeboat when one of the fall wires parted. The boat ended up hanging end for end. Both men fell into the water. One of them was rescued but the other did not survive and his body was recovered four hours later.

The investigation report released by the Transport Accident Investigation Commission (TAIC) cited heavy corrosion of the falls wire at the point where it parted as the main cause of the accident. The corrosion led to weakened structural strength and a tensile fracture. Contributing to the corrosion was the fact that the davit's design hindered the ability to apply a protective coating of grease completely around the wires. An inspection of all of the vessel's davits revealed significant corrosion on 10 wires, necessitating immediate action.

Moreover, even though both men were wearing safety harnesses, the safety wire attached to the ship failed. Neither person wore a buoyancy jacket.

The TAIC issued safety recommendations to the davit manufacturer to alert all users of the davit system about the accident and to review the system's design to remedy the problem. It also recommended that a personal floatation device always be worn when working over the side.

Launching a lifeboat or rescue boat may be maritime's deadliest job of all. The dangers have been well documented for years the UK Marine Accident Investigation Bureau (MAIB) Safety Study of 2001 confirmed what many in the maritime industry knew: rescue craft safety is a disaster. Some of the culprits include failed releasing mechanisms, parting wires and faulty emergency stops which can result in crews freefalling nearly 100 feet in some

Read more in our article"Lifeboats and Rescue Boats: Life savers or death traps?"

Source: NZ Herald

Somali pirates terrorizing mariners' families

Fri, 25 Nov 2011 08:00:00 EST

Somali pirates are dragging the family members of their hostages into their tactics of speeding up ransom payments, said the Maritime Piracy Humanitarian Response Programme (MPHRP).

The ITF-funded organization said pirates are both calling family members and “making the seafarer plead for his life while he is threatened with death and guns are fired, and filming the abuse and posting it online for relatives to see."

The pirates do this to force families to lobby companies to pay ransoms quicker.

MPHRP chairman Peter Swift said these tactics now “frequently cross the line from savagery to torture.”

The organization plans to put out guides for seafarers next year.

Source: ITF

P & I club warns about inappropriate technology use on ship bridges

Fri, 25 Nov 2011 08:00:00 EST

While modern technology allows mariners to keep in touch with family and friends back home, its use at the wrong time can distract a watch officer from safely navigating the vessel, says the London P & I Club.

The Club’s Stop Loss Bulletin cites two dangerous examples of the inappropriate use of technology: the case of a tugboat pilot involved in the fatal collision on the Delaware River with a tourist “duckboat”—the pilot was distracted by cell phone and laptop use—and a pollution incident where the watch officer missed a radar target while trying to make a Skype call on his laptop.

The Club reminds navigators that any distractions from maintaining a safe watch should be minimized or eliminated.

Source: gCaptain.com

Captain Cook Cruises Face Safety Violations

Thu, 24 Nov 2011 08:00:00 EST

Captain Cook Cruises is under fire this week after an investigation by the Office of Transport Safety Investigations (OTSI) found systemic breaches of Cruise Ship safety standards, reporting, and equipment requirements.

Captain Cook tours the Sydney Harbor and currently has 14 vessels operating. The investigation began after a fire on one of the vessels, the Jillian, happened in April last year. Upon the investigation, OTSI was deeply concerned with what they found on the Jillian which led them to extend their investigation to the entire Captain Cook fleet, which carried over 600,000 people last year.

As a result, the investigation found “many examples of non-compliance.” Here is a list of what they uncovered:

1.) The company failed to report incidents of injury to passengers or crew. 87 injuries happened upon the Captain Cook vessels last year, but only four were recorded in logbooks.

2.) Vessel repairs and maintenance systems did not appear to be responsive.

3.) There were few signs for emergency exits.

4.) Electrical equipment was not inspected.

5.) Despite an internal policy requiring eight operational health and safety meetings a year, Captain Cook recorded seven in five years.

Despite the harsh investigation, the general manager of Captain Cook, Anthony Haworth, said the report painted an unfair picture on the company. Haworth describes the findings as an overreaction, but has said the company should have kept better safety records.

If you or someone you know has been a victim of Cruise Ship safety standard violations, contact the attorneys at V&B for free information and a free evaluation.

Death and sickness on HAL cruise ship

Wed, 23 Nov 2011 08:00:00 EST

An American passenger died aboard a Holland America Lines’ ship during a South American cruise. She was identified as Dorothy Phillips, 61. She died from suspected food poisoning while aboard the Veendam, reported the Brazilian newspaper Clarin. 86 other passengers on the cruise suffered from gastro-enteritis with symptoms including cramps and vomiting. The company claims she died from heart disease and not from the outbreak of gastrointestinal illness. The ship arrived in Rio de Janeiro on Nov. 22. 27% of cruise vessels that transit along the Brazilian coast have health problems that are not allowed under Brazilian rules, reported the agency NASS. Problems include lack of water conditions and lack of food. The Veendam also had a gastro-enteritis outbreak on a Brazil cruise in March that afflicted 43 passengers.

Source: Cruise Law News

Carnival worker charged with sexually abusing 14-year-old girl during cruise

Wed, 23 Nov 2011 08:00:00 EST

Federal prosecutors have charged a Carnival Cruise Lines’ waiter with sexual abuse of a 14-year-old female passenger.

The criminal complaint filed Tuesday by the U.S. Attorney’s Office in Miami states that Kert Clyde Jordan, 35 of Grenada, performed unlawful sexual abuse of the girl while she was cruising on a family vacation aboard the Carnival Liberty.

The alleged incident took place in a bathroom on the lido deck. The girl reported the assault to her family after they returned home.

A pre-trial detention hearing is scheduled for Dec. 1 in the U.S. District Court in Miami.

Foreign crewmembers can be charged with “sexual abuse” under United States Code applicable to maritime crimes on the high seas that involve U.S. citizens. There is not a federal crime involving rape on the high seas against minors.

Source: Cruise Law News

United Nations Tackles Pirate Issues Off The Somalia Coast

Tue, 22 Nov 2011 08:00:00 EST

Vicious pirate attacks off the coast of Somalia have become more forceful over that last few weeks. Five vessels have reportedly been hijacked in the past week, including Saudi-owned supertanker Sirius Star which is the largest vessel ever seized at sea.

The hijacking of Sirius Star was shocking because it expressed the vulnerability of even very large ships and pointed to widening ambitions and capabilities among ransom-hungry pirates, not to mention making injured international travelers seem helpless.

The Somali coast connects Europe to Asia and to the Middle East. It is one of the world’s most dangerous seas due to the havoc pirates have been causing to passing vessels, which has resulted in millions of dollars in ransom, raised insurance costs, and threats on humanitarian supplies.

At the United Nations, Secretary-General Ban Ki-moon expressed concern at new acts of piracy off the coast of Somalia, urging coordinated international efforts to fight the tormenters.

"The secretary-general expresses his concern at new acts of piracy off the coast of Somalia in recent days and reiterates his condemnation of all acts of piracy and armed robbery at sea wherever they occur," the spokesperson's office of the UN chief said in a statement.

Ban Ki-Moon is working with the Transitional Federal Government of Somalia, the IMO (International Maritime Organization), NATO, the European Union, and other member states to ensure a coordinated effort to fight piracy.

The efforts of the Secretary-General appear to be working. Many groups of the United Nations and around the globe have been increasingly becoming involved.

The European Union has recently agreed to deploy an air and naval force off the coast of Somalia to guard sea-lanes against piracy. The naval mission, set to be in place by next month, is expected to protect vulnerable vessels off the Somali coast and to help ensure the delivery of aid.

NATO, on the other hand, has already sent a fleet to protect food shipments to Somalia.

The South Korean government also plans to dispatch a 4,500-ton destroyer loaded with SM-2 Block IIIA missiles and other cutting-edge weaponry, as well as Navy special forces, to the waters off Somalia.

Piracy has been a constant global problem for centuries. Nowadays, with the evolution of technology and the birth of satellites, it seems that it would be less of a burden. Today, cruise line workers are given a “Pirate Drill” in case they are invaded at sea. This should not happen in the 21st century.

Moving forward, the world can hope for a safer future when traveling on the ocean.

If you or someone you know has been the victim of piracy, contact the lawyers of V&B for free information.

Boy tries to save dad after boat capsizes in Canada

Mon, 21 Nov 2011 08:00:00 EST

A 10-year-old boy ran three miles barefoot through the Canadian woods to get help for his father after his fishing boat capsized in the Bay of Fundy.

The father, Norman Parker, drowned before help arrived.

The pair was in an 8.5 meter boat Saturday when the engine cut out. Parker, 45, of New Brunswick, dropped his son off on the edge of the shore. The boat then capsized and he fell in the water.

The boy ran barefoot to his aunt’s house for help after losing his boots.

Emergency crews were dispatched along with a coast guard helicopter and a Department of Fisheries boat.

Parker’s body was found by a local fisherman just before 4 p.m. He was pronounced dead at an area hospital. An autopsy confirmed accidental drowning was the cause.

The Transportation Safety Board of Canada deployed an investigation team following the accident.

Source: CBC News

BP cleanup deckhand sues after being violently thrown to the deck

Mon, 21 Nov 2011 08:00:00 EST

A longshoreman who was working as a deckhand on a BP contracted cleanup vessel has filed a lawsuit for suffering disabling injuries after being tossed onto the deck in a collision.

Alexis Flores alleges that while working for defendant Employus on a 30-foot aluminum workboat, the vessel collided with another boat that was owned and operated by Louisiana International Marine, another defendant in the case. The collision forced his vessel to run aground near Bayou LaFourche, La.

The impact threw him across the deck and caused permanent, severe and disabling injuries, his lawsuit states.

The date of the accident was not immediately available. The case was filed Nov. 8 in federal court in New Orleans.

Flores accuses the defendants of negligence for failure to provide a safe working place, failure to comply with safe maritime navigation rules and failure to execute a proper lookout, among other accusations.

He seeks damages over $1.5 million for physical and mental pain and suffering, medical expenses, loss of wages and earnings capacity, maintenance and cure, court costs and attorney’s fees.

Source: Louisiana Record

Feds allow Louisiana and Alabama to seek punitive damages against BP

Sun, 20 Nov 2011 08:00:00 EST

Alabama and Louisiana can go after BP and its partners for punitive damages relating to the 2010 Gulf oil spill, ruled U.S. District Judge Carl Barbieri.

Barbieri wrote that both states satisfied the Oil Pollution Act requirements for punitive damages for cleanup costs and spill damage in the plaintiffs’ master complaint filed at the beginning of the multi-district litigation.

Anadarko and MOEX Offshore are the partners named with BP.

Barbieri subsequently dismissed state claims filed by Alabama and Louisiana because they are preempted by federal laws.

The ruling was issued Nov. 14 in the U.S. District Court for the Eastern District of Louisiana.

Source: Louisiana Record

15 foot skiff overturns in 45 mph winds near Alaska

Sun, 20 Nov 2011 08:00:00 EST

Why were two men out in the Gulf of Alaska in a 15-foot skiff in 45 mph winds and eight foot seas?

They were rescued the afternoon of Nov. 19 by a Coast Guard helicopter crew after the skiff capsized 28 miles southwest of Sitka.

Sector Juneau received the distress call from the men who said their boat was taking on water.

The rescue crew arrived from Air Station Sitka at 2:11 p.m. The vessel capsized while both parties were talking on the radio.

A rescue swimmer was deployed and the men were safely hoisted up to the helicopter. They were transported to EMS in Sitka and no injuries were reported.

They reportedly had been wearing proper safety gear.

"The Coast Guard would like to remind all mariners to check the weather before getting underway," said Petty Officer 1st Class Chris Harkins, a watchstander with Sector Juneau.

Source: U.S. Coast Guard news release

UK safety agency "recommends" FOC ferry vessels self-police fire safety procedures

Sat, 19 Nov 2011 08:00:00 EST

The UK Marine Accident Investigation Branch (MAIB) used mealy-mouthed language requesting that the Bahamas make firefighting safety recommendations to the IMO in its full report on the June 2010 fire aboard the ro-ro ferry Commodore Clipper. An overheated reefer cable caused the main deck fire which was difficult to contain because of tight access space to allow firefighters to approach the blaze as well as trailer roofs blocking the effectiveness of the vessel’s sprinkler system. Access problems prevented passengers from leaving the vessel for 20 hours after the fire.

The vessel is flagged in the Bahamas, a flag of convenience nation.

The full MAIB report treads softly on the Bahamas. “Recommending” a flag of convenience make a “submission” to the IMO to “consider” requiring ro-ro passenger vessels to determine the effect of firefighting damage on stability is about as useful as asking a suspected embezzler to report any suspicious fraudulent activity he sees.

The MAIB safety flyer urges vessel operators to examine vehicle decks for vulnerable and critical systems, to regularly inspect all reefer power cables, install boundary cooling systems as a backup if drenching systems fail to extinguish a fire and upgrading electrical protection to a system that provides residual current detection and detects in-line phase faults.

Source: Cruise and Ferry.net

Seaman files Jones Act claim for winch injuries

Sat, 19 Nov 2011 08:00:00 EST

A Texas offshore worker is suing a vessel owner for injuries reportedly caused by a barge winch.

Robert Slott of Kountze alleges that he was hurt on Aug. 21 when the winch engaged during a moving operation of the Gulf States Dredging owned barge on the Neches River near Beaumont.

The defendant is accused of failing to provide a safe working place.

The plaintiff seeks damages for pain, mental anguish, disfigurement and alleged past and future medical expenses. The nature and extent of his injuries were not disclosed.

The case was filed Nov. 14 in Jefferson County District Court.

Source: Southeast Texas Record

New Safety Measures In Offshore Drilling

Thu, 17 Nov 2011 08:00:00 EST

Starting Tuesday, oil companies and offshore contractors must comply with a government mandate requiring broad safety management systems designed to reduce human errors and shrink operational risks that may cause injury and death. This has been a year long preperation.

Spurred on by the Deepwater Horizon disaster and modeled after requirements in other parts of the world, the Safety and Environmental Management Systems (SEMS) are meant to force oil and gas companies to identify risks systematically at every stage of their work.

For many companies, especially large operators with global offshore drilling programs, the mandate meant tinkering with existing workplace safety programs to match the new federal requirements.

But small operators and offshore contractors have had to do a lot more. Ken Wells, the Director of Special Projects for Mandeville, LA says "It’s been a mad scramble. It’s been constant, and there’s been more activity focused on this – just compliance – than anything I have ever seen in the oil and gas industry.”

Industry officials and compliance firms that have helped companies get ready say they are prepared. But it is still unclear how the government will enforce the new rule and audit companies to make sure they are complying, though it is clear that audits could begin immediately by the Interior Department's Bureau of Safety and Environmental Enforcement.

David Smith, Spokesman for the Department, said Monday they will begin soon. He emphasized that the audits are distinct from other regulatory procedures such as reviews of exploration plans or drilling permit applications.

“At the outset, we do not plan to publish the results of individual SEMS audits but instead to report results in the aggregate so that operators can learn about the areas in which we are most commonly finding problems and deficiencies,” Smith said.

Industry leaders say they are hoping for a transition period, during which federal regulators notify companies of violations but delay possible fines or other penalties.

Herein rises the topic of Close Coordination. “Everybody has had this date circled on their calendar for some time,” said Randall Luthi, president of the National Ocean Industries Association and a former offshore drilling regulator, "What we’re hoping is that it doesn’t unleash a whole rash of notices for noncompliance and that the regulatory agency actually works closely with industry.”

Luthi went on to say "It makes sense to have 'a period of close coordination' between industry and federal regulators, where violations are first flagged, discussed and resolved....There’s going to be learning on both parts,” he said. “Industry has done its best to read the rule and understand what is going to be expected of them, but there may be an honest misunderstanding of how the regulations are interpreted.”

U.S. Rep. Jeff Landry, R-La., a critic of the SEMS requirement, recommended a similar approach, saying "I would urge them to consider being very cooperative with the industry in trying to create the best safety environment possible without running people out of business,”

The SEMS mandate gives offshore oil and gas companies the burden of proof that they and their contractors are identifying and managing offshore risks that can lead to lethal accidents. The rule requires that companies conduct broad risk assessments of their facilities, step up their training of workers and have programs for addressing operational and shift changes offshore.

Danny Walker, the vice president of compliance for Lloyd’s Register North America Inc., which has been helping more than 40 companies build SEMS programs, said exploration companies were better prepared for the mandate, but on the production side, it’s been a different story.

For all, the biggest challenge is the transition from a check-the-box proscriptive regulatory system to one that is more holistic.

This is a big “change in culture,” Walker said. “We’re moving from a proscriptive regulatory environment on the outer continental shelf to a more performance-based approach.”

Federal regulators insist the mandate will boost the safety of offshore drilling.

“If these programs are implemented conscientiously, we expect a decrease in the frequency and severity of offshore accidents,” said Michael Bromwich, outgoing director of the Bureau of Safety and Environmental Enforcement.

An increase of safetly doesnt decrease the danger of offshore drilling. Accidents happen every day and they will happen in the future. If you or anyone you know has been injured in an offshore accident, contact the attorneys at VB for free information and help.

Shrimper Falls Overboard And Dies In The Gulf of Mexico

Mon, 14 Nov 2011 08:00:00 EST

58 year old deckhand shrimper, Robert T. Parker, fell overboard his 26-foot long commercial fishing vessel Friday morning, just three miles west of Hernando Beach in the Gulf of Mexico.

The weather was in poor condition to be shrimping. The winds were high and the waves were fierce when Parker lost his balance and went over the port side where he was on the bow, the most dangerous place on the vessel in these types of weather conditions.

Norman Soucy is the vessel’s owner and operator and was the only other person on board. Soucy tried to rescue Parker by using the vessel’s hydraulics to remove him from the water and sending a distress signal to the Coast Guard. Parker was immediately unresponsive and was brought to the Hernando Beach Boat Ramp where paramedics transported him to Oak Hill Hospital, later being pronounced dead.

Kathryn Birren, who also co-owns a vessel and seafood company in Hernando Beach, says that due to the dangerous conditions, it was not a good place for a small vessel to be. Birren, having had experience on shrimp boats, also commented that when someone falls over, it’s hard to see at night and it can take a while for someone to find you.

An employee at the marina where the boat was docked had no idea about the accident until she was contacted by a reporter who was questioning her about the incident. The employee had no comment.

The accident remains under investigation.

Weather conditions are an extremely dangerous factor in the safety of the crew. If you have been a victim of an injury or a death of a loved one who has been affected by a negligent judgment regarding safety, contact the attorneys at V&B for free information on how we may help.

Why wasn't Duck Boat captain charged in deadly accident?

Fri, 11 Nov 2011 08:00:00 EST

The pilot of a tugboat that ran over a sightseeing boat in the Delaware River was recently sentenced to one year and one day in prison.

According to a Philadelphia news website, some of their readers have asked why pilot Matthew Devlin was the only person charged in the accident.

Two Hungarian tourists were killed in the collision on July 7, 2010.

Devlin pled guilty to a maritime charge equivalent to involuntary manslaughter and begins serving his sentence Jan. 5.

Devlin admitted being distracted from using a cell phone and texting for an extended time period before the collision as well as failing to maintain a proper lookout and piloting the vessel from the lower wheelhouse which had diminished visibility.

Some want to know why tour boat Capt. Gary Fox wasn’t charged even though he anchored the vessel inside the shipping lane when he thought there was a fire which turned out to be engine steam.

The federal prosecutor and the judge said the answer had to do with relative negligence regarding which party could have avoided the accident.

Asst. U.S. Attorney Robert Zauzmer argued that the tug and tow was significantly more maneuverable than the disabled tour boat and Devlin had six minutes and one nautical mile notice to change the outcome. But Devlin was unaware of the oncoming disaster because he was down below with the radio volume turned down as he communicated with his wife about the condition of their critically ill 5-year-old son.

Zauzmer acknowledged that mistakes were made aboard the tour boat including the failure of a mechanic to secure a surge-tank pressure cap that released steam from the engine as well as Fox’s failure to immediately notify the Coast Guard that he was stranded in the channel.

Source: Philly.com

Fishing boat crew member sues for hernia on the job

Fri, 11 Nov 2011 08:00:00 EST

A crew member of a fishing boat claims he suffered a groin injury on Sept. 15, 2009 while lifting supplies when the vessel was at the dock in Galveston.

Plaintiff Joseph Kapolcynski of La Marque, Tx. filed the suit Oct. 31 in Galveston County Court against Santa Fe local Keith E. Guindon and Katie’s Seafood LLC.

According to the lawsuit, while performing his duties aboard the vessel Avenger the plaintiff “immediately felt a ‘pop’ in his groin” and was diagnosed with a hernia.

He seeks unspecified monetary damages and a trial by jury.

The defendants are accused of negligence for failure to properly supervise and train their crew, failure to provide adequate safety and medical equipment and for operating the vessel with an inadequate crew.

Source: Southeast Texas Record

Fleet management not learning its lesson from Cosco Busan disaster

Thu, 10 Nov 2011 08:00:00 EST

“Gundecking” is a word used in the navy and merchant marine which means checking off an inspection report without actually doing the inspection.

It seems FLEET Management has been gundecking its way into trouble again.

Auditors say that in July officers on the Hong Kong-based operator’s 32,000 ton bulker Promise 2 had “pre-checked” a list of vessel operations before any of the operations were conducted. Two officers were found to be unfamiliar with even basic emergency steering procedures. The vessel had also entered the port of Casablanca without first picking up a pilot at the point indicated in the voyage plan.

These were violations of a compliance program mandated on the company in the aftermath of its Cosco Busan 2007 collision with the San Francisco-Oakland Bay Bridge. The collision caused an oil spill that affected the Bay and area Pacific beaches.

A $10 million fine and three years of probation were imposed on the company in Feb. 2010 for its negligence in the spill.

Source: Fairplay

Mississippi offshore worker blames lack of railings for serious injuries

Thu, 10 Nov 2011 08:00:00 EST

A floorhand has filed suit against TETRA Applied Technologies LLC and TETRA Technologies Inc. for severe and disabling injuries caused after he fell off a metal grating on April 12.

Terry Scott Lowe of Mississippi alleges he was forced to stand on a grate without railings during vessel operations so that he could see hand signals from the driller and the deck hand.

Because there was no railing, he allegedly fell from the grating, bounced off a piling and landed on another metal grating four feet below where he had stood.

Lowe seeks unspecified damages from the defendants who are accused of failure to maintain the vessel and its equipment in a safe and reasonable state of repair, failure to provide a safe working place and failure to warn him of existing and known dangers.

The suit was filed Oct. 25^th in the Galveston Division of the Southern District of Texas court.

Source: Southeast Texas Record

Cunard goes flag of convenience

Tue, 08 Nov 2011 08:00:00 EST

In an effort to skirt labor laws and fair wages, the Cunard cruise line is re-flagging three ships from UK to FOC.

What is FOC? Flag of Convenience, also referred to by some as “runaway flag.”

The Queen Mary 2, Queen Victoria and Queen Elizabeth will now have a Bermuda registry after flying the British Union Jack since 1840, reports Cruise Law News.com

According to Cunard, the switch is made so that its captains may perform “weddings at sea” which are not allowed under British law but are o.k. with Bermuda.

The fact is, re-flagging means that Cunard’s ships are no longer bound under the UK “Equality Act 2010” which mandates that all workers from EU countries employed on British ships must be paid prevailing British wages and be covered under British labor laws.

So Cunard figured the easiest way to solve the “problem” is to get rid of the British flag altogether.

The ships will have Hamilton, Bermuda as the port of registry and will fly the so-called Red Ensign Group flag which covers a number of British territories such as Gibraltar and Cayman Islands. Even though they will be called British ships, they will not have an official UK registry.

Read "FOCs: An acronym for Hell Ships, in our article library here.

Rotator cuff injuries don't just happen to athletes as seaman files Jones Act suit

Tue, 08 Nov 2011 08:00:00 EST

Rotator cuff injuries are normally associated with baseball pitchers but a deckhand has filed a Jones Act lawsuit after injuring his on a vessel, the Louisiana Record reports.

On Oct. 29, 2010, Ohio resident Mikey William Dotson fell down a flight of stairs which had been stripped of non-skid on the M/V Frank Haendiges and injured his rotator cuff which later required surgery, his lawsuit states. The stairs were said to be awaiting repair.

The suit was filed Oct. 20 in New Orleans federal court against defendant American Commercial Lines.

Dotson seeks compensation for physical pain and mental anguish, medical expenses, loss of earning capacity, maintenance and cure.

The defendant is accused of failure to properly equip, maintain and operate the vessel, failure to provide a safe workplace and failure to provide sufficient manpower and tools for the job at hand.

National security think tank article supports importance of Jones Act

Mon, 07 Nov 2011 08:00:00 EST

The Washington DC-based Lexington Institute has released a report staunchly in defense of the federal legislation keeping the US merchant marine alive.

"The contribution of the Jones Act to US security" argues in favor of Section 27 of the Merchant Marine Act, which is better known as the Jones Act. Under that 1920 legislation, only U.S. built, owned and crewed vessels may transport cargo or passengers between two U.S. ports, which is a process called "cabotage."

The report states that the U.S. merchant marine fleet could decline rapidly without the Jones Act and military cargo would have to be moved on foreign ships, posing an obvious risk to national security.

David Heindel, Secretary-Treasurer of the Seafarers‘ International Union and chair of the ITF seafarers' section, stated that the Jones Act is attacked at least once a year and that maritime groups "remain on constant watch" to thwart all attempts to repeal "this very important piece of legislation." The Jones Act ensures that there is an available pool of experienced and highly qualified mariners to meet the country's needs in times of national defense and emergency, he added.

Source: ITF

Mississippi seaman files suit for knee injury

Mon, 07 Nov 2011 08:00:00 EST

A Mississippi offshore worker claims he injured his knee after attempting to land on a dangerously slick platform.

The Southeast Texas Record reports that Timothy Joe Leming, Tylertown, was ordered to swing from the vessel Malloy G in rough seas off the Louisiana coast onto a 5-plus deck on the High Island 523C on Mar. 20, his lawsuit states. While attempting to land he slipped and his left knee fell into the grating of the landing area which was said to be covered with algae and waves.

Leming filed the claim in Southern District of Texas court in Galveston on Oct. 20 against platform owner/operator Pisces Energy LLC, Wood Group Production Services Inc., Wood Group USA Inc. and Phil Guilbeau Offshore Inc.

The defendants are accused of forcing Leming to maneuver in rough conditions and for failure to inspect the grating.

He asks for unspecified damages and a trial by jury.

Alcohol a factor in high number of boat accidents

Mon, 07 Nov 2011 08:00:00 EST

Alcohol is a factor in approximately 25-percent of all motor boat related fatalities, according to the State of California Department of Boating and Waterways. The victims fell overboard and drowned in 66% of all alcohol related deaths, the agency reported. Legally drunk passengers contributed to, or were the victims of, 41% of the deadly accidents.

Alaska skipper charged with BUI

Mon, 07 Nov 2011 08:00:00 EST

The Coast Guard and pollution responders rushed to the scene after a boat hit a pile in the Anchorage, Alaska small boat harbor. The 53-foot boat was carrying 200 gallons of diesel fuel and continued on into the loading ramp. At last report no pollution was spotted. The vessel suffered minor damage.

The Coast Guard suspected the skipper was intoxicated and contacted police. He reportedly failed a standard sobriety test, then was administered a breathalyzer test and reportedly registered over one-and-a-half times the legal alcohol limit. He was arrested and charged with boating under the influence.

Source: Maritime Injury.com

Re-planning Your Vacation after a Nasty Cruise Ship Accident

Thu, 03 Nov 2011 08:00:00 EST

For months - possibly years - you and your family anticipated a lovely cruise vacation. You never envisioned that a sickening cruise ship accident would destroy plans, possibly send you and/or a family member to the hospital, and leave you out thousands of dollars in travel costs. You yearned for just a week or two on the high seas-living the high life, chowing on fancy food, baking in the sun, and letting tropical breezes blow your cares away. Instead, you've returned from your "vacation" more stressed out than ever, frustrated, possibly still sickened or hurt by what happened onboard, and confused about what to do next.

Education is key. To that end, you will want to connect with a reputable, compassionate cruise ship accident attorney. The team at Vujasinovic & Beckcom can answer your questions, provide free resources, and help you "right your ship," so to speak. Connect with the team at (877) 724-7800 or www.maritimeaccidentattorney.com.

Beyond getting good legal help, however, you probably need a "vacation from your vacation."

What are your options?

If you were sickened or hurt on the cruise, why not plan a "staycation"? You and your family stay at home and rest. But you change up your regular routine by, for instance, ordering in meals, renting your favorite movies, or just taking a break from the "glowing rectangles" you have all around the house (e.g., televisions, computers, cell phones, portable videogame players, etc).

If you feel slightly more adventurous, consider going on a vacation to "replace" the vacation that got destroyed. It doesn't have to be a long or elaborate trip. Here are a few other ideas:

Go on a hiking trip with your family to a local mountain range
Plan a day at your local amusement park (e.g. Six Flags)
Go on a yoga or meditation retreat for a weekend;
Rent a cabin with some friends;
Finally take that European vacation you've been planning (and putting off!) for years.

Puddingstone, CA Fatal Accident Kills 3 Women and Starts an Investigation

Sun, 30 Oct 2011 08:00:00 EST

An investigation is being taken at Puddingstone Lake, CA following an accident on October 15, 2011 when a Sea-Doo watercraft holding three women collided with a motorboat, killing the three women and seriously injuring the four passengers aboard the boat, reports the Associated Press.

Puddingstone Lake is 30 miles east of downtown Los Angeles inside Frank G. Bonelli Regional Park. Known for their excellent safety record, they have not had a fatal accident in more than a decade.

“We are going to conduct a very thorough investigation.” stated Chief Lifeguard Hugo Maldonado.

The three women that were killed on the Sea-Doo craft were identified a couple days ago as 34-year-old Mari-Con Abello of Escondido, her 59-year-old mother Aurora Yeso of San Dimas, and 47-year-old Anesia Barba Bautista of Glendora.

Authorities said that all three women were declared dead when the paramedics arrived to the scene at 4:30pm.

Aboard the motorboat, three of the passengers had serious trauma injuries and were airlifted to hospitals, said County Fire Inspector Matt Levesque. Though their injuries were not life-threatening, all precautions were taken. A fourth passenger had minor injuries and was taken to the hospital by ambulance.

No details on the collision have been released, but the Sheriff’s homicide detectives and lifeguards from the county’s Parks and Recreation Department are investigating.

Meanwhile, concerns have quickly spread regarding the safety features of the Sea-Doo watercraft. Levesque did not know how many people it is designed to hold, but he believes Sea-Do manufactures vehicles to carry three passengers. Nonetheless, their reputation has been the topic of conversation within the beach cities of Los Angeles.

Time will only tell if a further investigation into Sea-Do will surface.

Can a TWIC be issued with a criminal record?

Sat, 29 Oct 2011 08:00:00 EST

It is possible to be issued a TWIC card depending on the circumstances of the conviction. According to the TSA, an individual who was “convicted of certain crimes will be ineligible for a TWIC.”

“Permanent Disqualifying Offenses” means conviction of certain felonies is an automatic disqualifier regardless of when it happened and there is no eligibility for a waiver. Such offenses include espionage, sedition, treason, federal terrorism, unlawful possession and transportation of hazardous materials or explosives, murder and certain RICO violations.

“Interim Disqualifying Offenses” allow the applicant to apply for a waiver. They include certain felonies if the person was convicted, pled guilty or no contest, found not guilty by reason of insanity within seven years of the TWIC application or if the person was released from prison within five years of the application. These offenses include firearms violations, extortion, bribery, fraud, smuggling and robbery.

For a complete list of disqualifying offenses, visit the TSA website here.

Journaling after a Boat Accident in Florida: A Fantastic Way to Isolate and Resolve Gnawing Problems

Fri, 28 Oct 2011 08:00:00 EST

A boat accident in Florida has flipped your life upside down - perhaps literally.

In the wake of your disaster, you and your family have scrambled to identify the "best practices" to get you healthy, happy, and back to work. In all of your hustle and bustle, however, you might make mindless or counterproductive decisions that can slow your recovery, imperil your ability to return to work quickly, and sap your strength and perseverance.

To identify better methods for recuperation, you need to spend time, energy, and thought measuring and analyzing what's bugging you. More specifically, you may need to keep a meticulously written log of your recovery. If you have a visually identifiable injury - a laceration, for example - that will change over time; a pictorial log may be helpful. For instance, you might take a picture of the laceration every day so you can track how the injury is healing. Not only will this help you notice progress, but it can also be useful for your doctor or rehab specialist.

A post-accident journal differs from a typical journal you might keep about your life. The accident journal should focus on areas of concern. For instance, maybe the boat accident gave you a persistent pain in your knee. You should use the journal to track how your knee feels throughout the day and during the course of your rehab, work, and life. Focus on how your knee feels, describing the pain (or lack thereof) in vivid, highly specific terms. Pay attention to when the knee flares up, what soothes it, and how it responds to activities like childcare, heavy lifting, walking, resting, and so forth. Not only will this help you identify problems to resolve and find treatments that work for you, but it also might be useful to help you prevent re-injury.

For specific legal questions, connect with the team of Vujasinovic & Beckcom at www.maritimeaccidentattorney.com or (877) 724-7800.

Alaska captain charged with DUI on the water

Fri, 28 Oct 2011 08:00:00 EST

Normally an intoxicated boat operator is charged with BUI (Boating Under the Influence) but an Alaska supply boat captain was recently charged with DUI (Driving Under the Influence) after his vessel ran aground in Anchorage.

Albert Anderson, 57, was administered a blood alcohol test and registered one-and-a-half times over the legal limit for operating a motor vehicle or boat, police said.

The case is being treated by Anchorage police as a routine drunken driving incident even though no car was involved.

The 53-foot cargo craft was left “high and dry” on a harbor concrete boat ramp, police said. There was evidence suggesting the vessel had earlier hit and damaged an offshore piling.

Source: Reuters

Despite New Guidelines, Offshore Drilling is Still Unsafe.

Thu, 27 Oct 2011 08:00:00 EST

As the effects of the worst accidental offshore spill in world history still are being uncovered around the Gulf and in its communities and ecosystems, the offshore drilling industry is back to full steam, with as many rigs drilling in deep water in the Gulf as there were two years ago. It’s been just over a year and a half since the Deepwater Horizon disaster. Have we forgotten about offshore safety?

The government and drilling industry have pointed to new safety measures implemented by the former Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE). Little analysis has been done assessing these new measures, though insiders insist that their new measures make offshore drilling much safer.

Last week OCEANA got their hands on BOEMRE’s new “safety measures” and performed their own analysis which examined how effective they will be in preventing future spills and improving offshore safety. In doing so, OCEANA systemically looked at what went wrong leading up to the Deepwater Horizon disaster.

OCEANA concluded that the new safety measures cannot guarantee against future spills, and furthermore likely would not have prevented the BP spill from occurring. The result was that the new safety measures are undermined by two factors: overarching problems in offshore regulation and flaws in the safety measures themselves.

Here are a few of the problems that the new safety measures do NOT address:

• Perverse financial incentives encourage corner-cutting and saving time at the expense of safety.

• Blowout preventers, one of which memorably failed to stop the Deepwater Horizon blowout, have critical deficiencies that make it more likely they will not be able to prevent blowouts.

• The government’s inspection and oversight capabilities are woefully inadequate to ensure that companies follow the rules and operate in a safe manner.

• The offshore industry’s culture of prioritizing profits over safety has not substantively changed.

And the flaws in the safety measures themselves include:

• New safety measures that address testing and maintenance won’t work because there is inadequate inspection and oversight by the government to ensure companies abide by them.

• The American Petroleum Institute, which lobbies on behalf of the offshore oil and gas industry, is allowed to license independent third parties that are supposed to verify some of the new safety measures. This is a clear conflict of interest and undermines those safety measures.

• New regulations that require two additional independent barriers to be installed in wells so as to help protect against blowouts are severely flawed, as they allow dual safety valves, which are widely known to not be effective barriers, to qualify as barriers.

The new safety measures can be declared as a way to solve a never ending problem, but in retrospect it may be uncovered as a tool to delay a more needed investigation.

Offshore company tries to get out of Jones Act lawsuit

Thu, 27 Oct 2011 08:00:00 EST

Florida Marine Transporters claims it never employed a barge worker who has a personal injury case against it. It filed a motion for summary judgment, claiming that it owed no duty to plaintiff Timothy Allen, the Southeast Texas Record reports.

Allen filed the Jones Act case against Florida Marine, Chevron and Chevron Pipe Line in Jefferson County (Tx) District Court on Sept. 13, 2010. His suit states that as an employee of Saybolt on April 27, 2009, he was carrying naphtha sample tubes on a barge in Nederland at the Chevron Pipe Line terminal. Naphtha can be carcinogenic and may contain impurities with their own harmful properties, according to Wikipedia.

While disembarking the vessel, the handrail broke and he fell to the deck below, landing on broken glass. He claims he suffered chemical burns and injured his ankle, back and hands.

Florida Marine's motion charges that Allen did not work for them; was not a Jones Act seaman at the time of the accident and that he should pursue a remedy under the Longshore Act.

Allen seeks damages for physical pain, lost wages, medical expenses and past and future mental anguish.

NTSB finds fishing boat was badly overloaded in 2008 Alaska disaster

Thu, 27 Oct 2011 08:00:00 EST

The F/V Katmai carried over twice the recommended weight of fish and the watertight doors were unsecured when it sank off the Aleutian Islands in 2008, the National Transportation Safety Board concluded in its investigation report.

The NTSB agreed with Coast Guard findings that both factors were the probable causes of the sinking in which seven lives were lost in an extreme storm in the Bering Sea on Oct. 21.

The report relied on the testimony of four survivors who were plucked out of the water by the Coast Guard after 15 hours.

The 73-foot vessel was overloaded with 120,000 pounds of frozen cod while transiting through Amchitka Pass, 120 miles west of Adak. The boat lost steering and began flooding just before midnight.

The captain ordered evacuation and crew piled into two life rafts. Six persons were lost at sea because the rafts flipped around in the towering seas. A seventh person is believed to have gone down with the ship though it is not reported if that person was the captain.

Source: Alaska Public.org

Piracy attacks hit all time high in first half of 2011

Tue, 25 Oct 2011 08:00:00 EST

A record 266 ship attacks occurred worldwide in the first six months of 2011, the International Maritime Bureau (IMB) reported.

That is a 26% increase over the same period in 2010.

Off the Somali coast alone 20 hostages were taken and 117 ships attacked since Jan. 1. As of April 30, there were 528 hostages and 28 vessels being held for ransom.

Some industry experts say piracy costs $1 billion a year, while others claim it is as high as $16 billion. The disparity lies in whether freight rates, insurance premiums and longer transit costs are included with the cost of ransoms.

Despite the focus of reporting on Horn of Africa piracy, it is far more prevalent off of Nigeria than anywhere else in the world

Source: PTI

Catfish barb injuries are no laughing matter

Tue, 25 Oct 2011 08:00:00 EST

There’s a headline in the legal site Louisiana Record.com that reads “Deckhand sues for $1 million after suffering injuries from catfish barbs.” This may raise some eyebrows and cause some chuckles, but a pair of medical case studies says that catfish barb infections are not to be taken lightly.

One case resulted in the amputation of a finger.

“Catfish-Related Injury and Infection: Report of Two Cases and Review of the Literature,” by Donald K. Murphey, Edward J. Septimus and David C. Waagner, published by Oxford University Press, examined two cases of catfish spine-related injuries that caused serious infection.

The first case involved a 5-year-old boy whose right knee was punctured by a dorsal fin of a freshwater catfish. There was immediate intense pain that was not lessened by the application of alcohol and ice. Initially the spine broke off and stuck out from the wound but could no longer be seen as the swelling increased. He was taken to an emergency room, examined and released without additional treatment.

He was taken back to the emergency room 12 hours later due to fever. The spine was removed and knee was drained.

For two-and-a-half weeks he was given intravenous antibiotic therapy in the hospital before he recovered and returned home.

The second case involved a 51-year-old man whose finger was punctured by a catfish dorsal spine. It was removed under local anesthesia and the wound was thoroughly cleaned and closed. Two days later, there was pain and swelling in the finger and he was hospitalized. He spent seven days in the hospital with intravenous antibiotic fluids and was discharged home.

The wound discharged and he was sent back to the hospital and again placed on antibiotic fluids for five days. The condition did not improve and the finger was amputated.

Offshore worker suffers catfish barb infection, files $1 million suit

Tue, 25 Oct 2011 08:00:00 EST

A deckhand claims he was refused medical treatment after being struck in the arm by a catfish barb.

Felipe Hernandez filed a $1 million lawsuit Oct. 14 against defendant Hung Van Do in New Orleans federal court, the Louisiana Record reports.

According to the suit, while employed aboard the F/V Capt. Dusty on June 1, 2011, Hernandez’ arm was pierced by a catfish barb. He asked for medical treatment and was allegedly refused. 10 days later, he was again struck in the arm by a barb which ultimately resulted in an infection that caused nerve damage.

Hernandez seeks compensation for physical and mental pain and suffering, medical expenses, maintenance and cure, loss of wages and lost earning capacity.

The defendant stands accused of negligence for failure to provide a safe working place, lack of proper safety equipment, failure to provide the plaintiff with medical care and forcing him to work in pain.

Read our article “Catfish barb injuries are no laughing matter” here. It recounts the story of a man whose finger was amputated after being struck by a catfish barb.

Female cook claims retaliatory discharge in case against offshore employer

Mon, 24 Oct 2011 08:00:00 EST

An offshore worker alleges she was forced to take "analyzing personalities" training shortly after she had filed a gender discrimination complaint, reports the Louisiana Record.

Penny M. Stewart worked as an executive steward for Sodexo Remote Sites Partnership from Nov. 2008 until she was fired in May 2011 after speaking out against retaliation and reprisals, her suit states. She claims the training was unnecessary and was imposed to punish her for filing standing up for herself.

She filed the case against defendant Sodexo in New Orleans federal court on Oct. 14.

Stewart filed an EEOC complaint in May that alleged that a male co-worker in the same job position was paid more. At the end of the month, she was told she would not be assigned any further jobs, her suit states.

Stewart requests that the court issue a permanent injunction barring Sodexo from continued unlawful practices. She seeks compensation for back pay, loss of pension and benefits, emotional distress, humiliation and other damages.

New documentary on BP oil disaster

Thu, 20 Oct 2011 08:00:00 EST

"The Big Fix," a documentary about the Gulf oil spill, recently made its North American premiere in New Orleans.

The film focuses on the use of dispersant chemical Corexit 9500 by the federal government following the 2010 Deepwater Horizon explosion which triggered the spilling of more than 200 million gallons of oil into the Gulf of Mexico.

The dispersant was potentially linked to cleanup workers' symptoms including severe headaches, dizziness, shortness of breath and skin rashes.

Louisiana native Josh Tickell and his wife Rebecca Harrell Tickell co-directed the film which screened at the Cannes Film Festival in May Actors Tim Robbins and Peter Fonda (who appears in the film) are listed as executive producers.

View the trailer for "The Bix Fix" here.

Source: Business Week.com

Lawsuits filed in two incidents of wakes from larger vessels

Mon, 17 Oct 2011 08:00:00 EST

Lawsuits were filed in a pair of incidents caused by the wakes of larger vessels.

Early last month, Donald Smith filed a case against Crosby & Son Towing for negligence from a February 10, 2010 incident on the Gulf Intracoastal Waterway in which the excessive wake of defendant's 72-foot model boat M/V Webb Crosby allegedly swamped his 14-foot fishing boat, causing him serious injuries, reported Bohrer Law.com. The defendant is accused of failure to obey speed limits and using an inexperienced crew.

Smith asks for more the $1 million in damages for permanent disability and physical and mental suffering.

In the other case, a jury trial has been requested by a Louisiana man who claims his shrimp boat sank after being swamped in the wake of a larger boat, reports the Louisiana Record.

Christopher Bernard alleges that on May 21 the M/V Claire Candies traveled between 7.3 and 8.3 knots which caused a substantial wake that pushed under his boat, the 28-foot F/V LA 9248 BU, which was tied up in its slip at Four Point Landing in the Houma Navigational Canal.

The Coast Guard had earlier mandated a no wake zone in the canal due to the Mississippi and Atchafalaya Rivers being at or near record flood stage.

The defendant, Otto Candies and M/V Claire Candies, stands accused of negligence for violating the no wake zone and failure to control its wake.

The plaintiff seeks compensation for loss of revenue, property damage, the loss of catch, salvage costs and punitive damages.

The lawsuit was filed Sept. 8 in New Orleans federal court.

Gangway platform collapse results in injury lawsuit

Fri, 14 Oct 2011 08:00:00 EST

A marine inspector/surveyor has filed a lawsuit for serious injuries he claims resulted from a gangway platform that collapsed because of careless, unskilled and untrained workers.

Robert Creel alleges the incident occurred aboard the M/V Admirar Vista. The type of injuries was not disclosed.

The suit was filed in New Orleans federal court against Admirar Vista Shipping, Britannia Steam Ship Insurance Association Ltd. and the vessel. They are accused of failure to warn Creel of dangerous and unsafe conditions, negligence for failure to provide a safe working place and hiring unskilled and untrained employees, among numerous other accusations.

Source: Southeast Louisiana Record

Bed bugs: an overlooked cruise ship menace

Wed, 12 Oct 2011 08:00:00 EST

Between March of 2005 and November of 2010, at least 50 persons were bitten by bed bugs during 25 separate voyages on cruise ships worldwide.

On Nov. 6, 2010, aboard the Carnival Inspiration, passenger Tom Whalley reported numerous bite sores on his back to guest services. He said Carnival Corporation did not care about his complaint, would not disinfect his belongings before disembarking the vessel, forcing him to pay out of pocket for an exterminator.

In a Sept. 2009 cruise aboard the Princess Cruises’ Star Princess, Roberta Rosenthal, 59, discovered she was covered with bed bug bites while in the shower.

On April 15, 2006 aboard the Carnival Imagination, an anonymous woman reported that she, two foster children and her three-year-old granddaughter were bitten on the cruise. She said the company told her it could only document her case, nothing more.

In a Mar. 2006 cruise aboard the Princes Cruises’ Grand Princess, Beverly Wilke said she and her family became a ‘bed bug buffet” with bite scars lasting up to one month.

Source: Cruise Bruise.com

Int'l shipping organization Chair calls for greater facilitation of armed guards

Wed, 12 Oct 2011 08:00:00 EST

In a sign that the world maritime community is moving closer to supporting the use of privately armed guards, the Chairman of the International Chamber of Shipping has spoken out in favor of facilitating their embarkation.

Spyros M Polemis made the remarks Oct. 11 to delegates at the India Shipping Summit in Mumbai.

“This has to stop now. The pirates must get the message that we have reached the end of our tether and that any act of piracy will be severely dealt with,” he said.

Until now, many shipping organizations have opposed the use of armed guards, citing the fear of “escalation of violence.”

Polemis’ multi-faceted anti-piracy platform called for all countries in the Indian Ocean region to agree and assist in the embarkation and debarkation of privately contracted armed guards.

He also addressed the use of military guards, stating:

-All vulnerable commercial ships passing through the Additional War Risk Premium (AWRP) area shall have armed military guards.

-The United Nations must arrange to provide armed military guards as a VPDs (Vessel Protection Detached Units) or as part of a Blue Beret force.

Polemis also called for:

-The immobilization of mother ships.

-Targeting pirate bases ashore for action.

-Prosecution of pirates to the fullest extent of the law.

-The release of all hostages and ships in Somalia.

-Adherence to Best Management Practices.

Source: Maritime Executive.com

Seaman swept into winter North Atlantic while securing a line on deck

Tue, 11 Oct 2011 08:00:00 EST

We came across this story currently appearing in Professional Mariner about a seaman who was washed overboard last winter in the middle of the North Atlantic.

A wife lost her husband and 16-year-old daughter lost her father when Polish able seaman Aleksander Cieslak, 40, was washed by a wave off the deck of the Elbe Max about 430 miles southeast of Newfoundland on Feb. 17, 2011.

The 738-foot bulk carrier was battling 24-foot seas and gale force winds (34-47 kts), the U.S. Coast Guard said.

According to Greek vessel manager Enterprises Shipping & Trading S.A., Cieslak went out on the aft deck with the chief mate and three other crewmembers to secure a stowed mooring line that had come loose out of fear it could drop over the side and entangle the propeller.

At about 0600, two consecutive waves crashed onto the deck and washed him over the side, the company said.

"Man overboard, starboard side" was broadcast to the bridge via walkie talkie.

A life ring with light and smoke was thrown over. The captain ordered a standard Williamson turn of hard right rudder for 60 degrees countered by hard left to bring the vessel back on a reciprocal course to search for the missing man.

The Canadian Joint Rescue Coordination Center received the distress call and the U.S. Coast Guard deployed aviation assets in the search.

Though a C-130 Hercules located the life ring, Cieslak was never found.

Cieslak had worked for the company for 16 years. The vessel owner is Waxstone Shipping Inc. of the British Virgin Islands.

The ship was carrying a load of coal from Newport News, VA to Hamburg, Germany.

Don't always believe the headlines of Jones Act lawsuits

Tue, 11 Oct 2011 08:00:00 EST

“Seaman trips on vessel doorway, files Jones Act suit,” reads a headline in the on-line legal journal Southeast Texas Record.

That headline makes it seem like the story is about a frivolous lawsuit, the equivalent of suing over a slip in a parking lot puddle.

Were lawsuits decided simply by the tone of headlines, this plaintiff wouldn’t stand a chance.

The following text is from the story:

“The incident occurred because the defendants negligently failed to provide a handrail, clearly mark the steps, and also failed to provide a non-slip surface on the steps.”

But does that tell the entire story? Suppose you add to the text the following circumstances in parenthesis:

“The incident occurred because the defendants negligently failed to provide a handrail, (the doorway was pitch black because repairs had not been made to a defective outlet), clearly mark the steps (which were unevenly worn), and also failed to provide a non-slip surface on the steps (which were slippery due to a hydraulic leak from a rotten hose).”

Now the headline could read “Seaman injured on unseaworthy vessel.”

Pleasure craft are required to keep a lookout

Mon, 10 Oct 2011 08:00:00 EST

Every vessel must have a proper lookout, from oceangoing tanker to one-person Boston Whaler.

According to Coast Guard Navigation Rules, Rule 5, "Every vessel shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriated in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision." This means that the operator must have awareness of the surroundings to avoid a collision.

A Missouri woman was recently charged with criminal negligence for failure to keep a proper lookout after colliding with another boat that resulted in the deaths of two persons. The woman was operating a 2005 Blazer utility boat, which is a pleasure craft.

Source: seMissourian.com

Tennessee marine company has history of fatalities and injuries

Mon, 10 Oct 2011 08:00:00 EST

An employee's 15-foot fall on a barge that resulted in injuries on Sept. 26 is the latest worker safety incident involving Trinity Marine of Ashland City, Tennessee.

The Tennessean reports that there have also been three work related deaths at the company's facility since 1998.

On Nov. 29, 2010, Julio Colon-Figueroa, 47, of Springfield, Tn., was found lying on the ground with blood pouring from his head. Though the cause of the accident was not reported, a large piece of metal was next to him. He was pronounced dead at an area hospital.

OSHA launched an investigation into his death. The agency issued five citations earlier this year in that case-the company is appealing in litigation-and a $7,000 penalty.

In June 2000, a Trinity worker was fatally electrocuted. This was three years after another man was electrocuted while welding on a barge.

Moreover, one worker was injured in Oct. 2002 and another in Mar. 1998.

The company provides products and services to the energy, transportation, industrial and construction industries.

Boaters adrift off Fl. Keys another case of failure to wear life jackets

Mon, 10 Oct 2011 08:00:00 EST

Eight persons who drifted off of the Florida Keys for nearly 20 hours after their boat capsized were not wearing life jackets, the Coast Guard said.

One of those persons was an 80-year-old woman who slipped away and is presumed to have drowned. Another was a four-year-old girl who survived.

Nearly 85% of drowning victims were not wearing a life jacket, according to statistics from the Personal Floatation Device Manufacturer's Association.

Unfortunately, many boaters believe they will have time to don a life jacket. However, waiting until an emergency strikes may be too late. It only takes about 60 seconds for an adult and 20 seconds for a child to drown, said the Association.

Just having a life jacket aboard does not save a life. Wearing one does.

A practical checklist on life jacket usage can be found here.

Strategies for Coping with Mississippi Maritime Injury: Going From Recovering to Thriving

Sat, 08 Oct 2011 08:00:00 EST

Even if your Mississippi maritime injury (e.g. dock accident, industrial boat mishap, slip and fall on a slippery deck, etc.) caused you serious or permanent injuries, career-altering damage, and a loss of strength and self-confidence, you can still tap into powerful resources - both external and internal - to transform this experience into something potentially positive.

That may seem like a huge promise, especially if you are still reeling from the disaster and wondering who might be to blame and how you can get compensated for your losses. But when disaster strikes, surprising opportunities may help you rebound.

Outlined here is a powerful strategy to help you get reoriented, organized, and focused on success and thriving - not just on recovering lost functions and punishing wrongdoers (although, those are also important).

1. Assess your current reality - as objectively, specifically, and completely as possible.

The game has changed. The playing field is altered. You are no longer operating in the same environment that you were even days or a few weeks ago. You are now sick, injured, frustrated, angry, and faced with a roster of logistical, technical, emotional, and financial problems. What are they? What's your current reality? Write your answers down. Be as specific as possible. The more concretely you can document your progress - both medically and emotionally - the more tools you have to fix what's gone wrong and move towards rebooting your life. Take a look at all aspects of your life, including your work, relationships, medical needs, spiritual needs, and logistics.

2. Spend some time envisioning concrete, idealized goals. Be as wide-ranging, specific, and divergent in your thinking as possible.

During the second step, do not analyze or self-judge. Simply allow your mind to run wild. Conjure up "best case scenario" images of success. What will your ideal work life look like six months from now? Where would you like to be in terms of your relationships, your health, your job situation, your Mississippi maritime injury accident lawsuit, and other areas of life? Go for quantity of ideas, not for quality. There will be some duds in there! But the more ideas you can commit to paper, the more "raw creative material" you will have to mold, shape, and work off of to develop solutions.

3. Analyze, organize, get help, and take action.

Once you know your start and your finish lines - your reality and your goals - you can start to think about how things might be able to get done. Now is the time to put on your analytical hat and think about how to achieve your end results.

There is no need to work through this exercise alone. The talented, skilled, and creditable team at Vujasinovic & Beckcom can help. Dial us now at (877) 724-7800 to get immediate assistance, or learn more about our resources and philosophy at www.maritimeaccidentattorney.com.

Seaman claims injury after basket transfer operation done in high winds

Fri, 07 Oct 2011 08:00:00 EST

An offshore worker claims he suffered severe and disabling injuries when extreme winds caused the transfer basket he was riding in to fall to the deck of a crew boat, reports the Louisiana Record.

Sean Samuel Clements seeks compensation for pain, mental anguish, disability, medical expenses, punitive damages, maintenance and cure from the following defendants: Empire Scaffold, BW Offshore USA Inc. and BW Offshore USA Management. Those companies were his employers when the accident allegedly occurred on Sept. 30, 2010 while he was working as a seaman aboard the FPSO BW Pioneer.

FPSO stands for floating production, storage and offloading unit which is used to process hydrocarbons and store oil.

The defendants stand accused of negligence for failure to provide a safe working place, failure to warn and correct dangerous conditions of the vessel and maintaining an unseaworthy vessel.

The lawsuit was filed Sept. 30 in New Orleans federal court.

Tanker crewmember falls overboard into Gulf of Mexico

Fri, 07 Oct 2011 08:00:00 EST

A search for an oil tanker crewmember who went overboard in the Gulf of Mexico was being conducted by the Coast Guard.

Feng Li, 31, was reported missing Thursday from the 750-foot New Confidence approximately 150 miles from Grand Isle, La.

Coast Guard Sector Houston heard a man overboard VHF call at 10:10 a.m. stating that the crewmember was wearing only casual clothing with no life jacket.

The search area was described as “the size of Rhode Island,” said Lt. Christina Lowe, command duty officer for the Eighth District command center.

Assets deployed included aircraft from Coast Guard stations in Mobile, Corpus Christi and Clearwater, Fl as well as an 87-foot cutter from Sabine Pass, Texas.

Source: U.S. Coast Guard press release.

Eleventh Circuit rules NCL worker's case must go to arbitration, not court

Thu, 06 Oct 2011 08:00:00 EST

A Norwegian Cruise Lines' worker who injured his back on the job was literally denied his day in court.

Harold Leonel Pineda Lindo claimed that in December 2008, during his employment for NCL on their private island in the Bahamas, he suffered a back injury after being ordered to haul trash bags to the ship. The injury was serious enough to require surgery.

His ship was Bahamian-flagged and the company's principal place of business is in Miami.

His employment fell under collective bargaining rules and an employment contract that stipulated an arbitration provision.

Lindo, a Nicaraguan citizen, filed a Jones Act suit in Florida state court against NCL for negligence, unseaworthiness and maintenance and cure.

NCL had the case removed to federal court and requested that it be moved to arbitration under the provision of his contract. Lindo then amended his complaint to a single count of negligence.

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards stipulates that arbitration provisions mandating foreign arbitrations are valid. However, a Jones Act statutory claim is not recognized.

The Eleventh Circuit Court of Appeals rejected Lindo's argument that public policy rendered the arbitration clause to be unenforceable. Therefore, Lindo's motion to remand the case was denied and NCL's motion to dismiss and force arbitration was upheld.

Read Lindo v.NCL in our article library here.

Source: Hawaii Ocean Law

Texas stevedore files LHWCA suit after ladder slip

Thu, 06 Oct 2011 08:00:00 EST

A Beaumont, Texas man has filed a lawsuit against three companies after falling off a ladder and breaking his leg.

Charles Flores, Jr., filed the case Sept. 25 in Jefferson County District Court against BBC Chartering USA, H20 Production Systems and Boumans & Associates, the Southeast Texas Record reported.

The lawsuit was filed under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

On Sept. 18, 2010, Flores was unloading a ship at the Port of Beaumont while under the employment of Shippers Stevedoring, his lawsuit states. As he climbed a ladder from the hold to the deck—even with two workers holding the ladder—it slipped and he was thrown down to the deck. His leg was broken and subsequently became infected, his lawsuit claims.

The defendants are accused of failure to provide a safe working place and failure to maintain the work area.

Flores seeks compensation for pain, impairment, mental anguish, disfigurement, lost wages and past and future medical expenses.

What is Mermaid Marine Australia's liability for the Trinity II tragedy?

Thu, 06 Oct 2011 08:00:00 EST

Not surprisingly, Mermaid Marine Australia is busy issuing statements that it bears no responsibility for the September 8, 2011 Trinity II tragedy in the Bay of Campeche. As we have previously reported, MMA still has not provided an adequate answer for why its vessel, Mermaid Vigilance, fled for shore rather than trying to rescue the workers who were fighting for their lives. It looks like we will have to obtain answers to this question in the lawsuit we filed on behalf of one of the workers workers who died in this incident.

Our clients and others have asked us: will United States maritime law apply to MMA? And if so, what will MMA's liability be under U.S. law for its actions in this tragedy?

We have analyzed this legal question, and in our opinion U.S. maritime law will indeed apply to MMA in this matter. This tragedy involved two other companies who are American companies: Geokinetics (Houston, Texas) and Trinity Liftboats (New Iberia, Louisiana). Further, most of the workers involved were U.S. residents. These factors, along with the legal authorities, will call for the application of U.S. law to this matter in our opinion. Even the foreign workers who were injured or lost their lives in this incident should be able to have U.S. law applied to their claims or the claims of their surviving families.

The application of U.S. law is favorable for these workers and their families. U.S. maritime law provides remedies for damage items such as medical bills, lost wages, pain, suffering, mental anguish, and loss of a family member. For an incident such as this one, these items can involve very significant amounts of compensation.

MMA, as the only non-U.S. company involved in this tragedy, will probably try to get out of U.S. law and argue that some other law, like Australian law, should apply to it. We have faced similar arguments in the past, and have a record of beating these types of claims in court.

Positioning Yourself for Slow and Steady Success After a Boat Accident in Florida

Wed, 05 Oct 2011 08:00:00 EST

A boat accident in Florida might have left you crippled - if not literally so, then at least emotionally and mentally. You feel defeated, depressed, angry, and helpless. You know you need to take action to protect your rights, hold a company or negligent person to account, and deal with your medical situation. But the law of inertia is against you. It's easier to simply surf the web and ruminate over your problems than to take decisive action to address them.

On some level, you know that this approach is deeply flawed. If you don't take action, your life is not going to "fix itself."

On the other hand, you are aware that taking the wrong kinds of actions - such as talking to a company's insurance adjuster before you've had a chance to consult with a Florida maritime attorney - will devastate your potential to collect compensation. You also recognize the huge gap between where you are now and where you would ideally like to be. Just weeks or even days ago, you were healthy, working, and enjoying life on your boat. Now you face all these problems. The size and scope of your "setback" was enough to turn even the most cock-eyed optimist into a Larry David.

Changing your focus is not something that you can do instantly, artificially, or without help. It's similar to turning an aircraft carrier around - it requires significant energy and time.

Rather than think about your situation as "I have lost so much, how will I ever get it back?" imagine you are now on a great quest - like Dorothy in the Wizard of Oz. Your task is to reclaim your health and financial stability so you can thrive. You may not know exactly how you are going to make it to this "promised land," but you know that the destination is worth the journey. You will find allies, resources, tools, and surprising resilience once you make the decision to get started.

Take the first step today by calling the Vujasinovic & Beckcom team at (877) 724-7800. Learn more about us or contact us at www.maritimeaccidentattorney.com.

Tour boat abandons two divers off Florida

Wed, 05 Oct 2011 08:00:00 EST

Two scuba divers surfaced in the open Atlantic Ocean on Tuesday to discover they were alone, AFP news reported.

The tour boat that carried them and 28 others out of Miami had left without them.

The Coast Guard announced it was investigating RJ Diving Ventures of Miami Beach, the tourism company involved.

A private yacht rescued Paul Kline and Fernando Garcia Puerta—the two divers—who were holding onto a fishing buoy for their lives in the shark infested waters.

“We were in shock,” Kline, 44, told the Miami Herald. “We could easily have died.”

It was getting dark when they were rescued at approximately 6:00 p.m. after hanging on for two hours.

A Coast Guard spokeswoman said they appeared to be in good physical condition.

RJ Diving Ventures did not comment.

Canadian school ship that sank was guilty of woeful safety planning

Wed, 05 Oct 2011 08:00:00 EST

64 high school and university students were adrift in the South Atlantic Ocean for nearly two days after a Canadian school ship sank because they were unprepared to deal with rough weather, said a safety report.

The Transportation Safety Board of Canada released its findings late last month into what caused the sinking of the 189-foot tall ship Concordia in strong winds and high seas about 340 miles southeast of Rio de Janeiro on Feb. 17, 2010.

Among the agency’s findings were failure of the crew to secure openings, change course and lowering sails.

Specifically, open doors, vents and windows allowed water to flood into the hull so fast that the students and staff had only 20 minutes to abandon ship into life rafts before it went down.

Moreover, the second officer who had the helm at the time of the sinking was not required to have anything other than a basic knowledge of stability even though he did hold a certificate to serve as watch officer, the report found.

This may explain why the vessel had a heel angle of 23 degrees for between two and three minutes without any corrective action being taken, the report said.

However, company president Terry Davies said that the ship could have been sunk by a rare weather phenomenon which produced a severe downward draft of air. He claimed that a U.S. meteorologist found that a microburst in excess of 120 kilometers per hour struck so suddenly that the second officer could not possibly have had time to prepare.

The Concordia was used in the West Island College International Class Afloat, a 10-month program combining practical sailing experience and classroom instruction, based in Lunenberg, Nova Scotia.

Americans were among the crew and students drifting in life rafts and rescued by the Brazilian navy. There were also persons from Australia, Europe, Mexico, New Zealand and the West Indies. Remarkably, everyone survived and there were no serious injuries reported.

Source: The Spec.com

After-effects of a Maritime Accident in Alabama: Is ThisNew Symptom Real, or Is It Hypochondria?

Tue, 04 Oct 2011 08:00:00 EST

Just as medical school students develop a sense that they have every disease they study, so too do victims of maritime accidents in Alabama often spend time obsessing about worst-case scenarios. When is fear of your latest symptom justified, and when is it simply hypochondria or perhaps latent trauma from the accident?

The obvious (and certainly correct) answer is: Don't guess. If you fear that something might be wrong with you, talk to your physician ASAP.

But it's not a secret that hypochondria - or at least extra sensitivity to one's physical condition - follows in the wake of scary boat accidents and injuries. The mind dwells on what happened, conjures up scary "what if" scenarios - "what if the accident had been worse," for instance - and forces you to confront the reality of your body's fragility and your own mortality. It's not easy.

And even if you have been reassured that the concussion you suffered after you slipped and fell on a wet dock was relatively minor, every time you get a headache or forget your keys, you can't help but feel that the doctors might have missed something. This kind of fear can cripple accident victims and make recovery more difficult and success more elusive.

One key to success is to learn what to focus on and what to ignore. There is never a one-size-fits-all solution. Some people, particularly people who have sensitive medical situations, should indeed worry about every creak in their bones and cough or head cold they get. Other people need to be mindful of their potential to pointlessly catastrophize.

To defend against hypochondria, track your thoughts to see how accurate they are. Keep a journal every day. Or write in your journal every time you get a foreboding sense that "something feels wrong, but I don't know what it is." Not only might this journal help you if you actually have a real medical problem, but it can also bring insights into your thinking process and help you begin to control the catastrophic thoughts that hinder your recovery and test your and your family's patience.

For help with specific legal issues regarding your Alabama maritime accident, connect with the Vujasinovic & Beckcom team at (877) 724-7800 or www.maritimeaccidentattorney.com.

Yacht captains advise on no-Claim declarations

Tue, 04 Oct 2011 08:00:00 EST

A no-claim declaration-also called a zero-loss statement-is generally required by insurance companies stating that a yacht captain has not had any claims or losses on previous boats.

"These days I go on all types of boats, and they all require a no-claims statement," an anonymous captain told industry trade site The Triton.com.

He and several other captains advised that any captain should disclose previous vessel accident involvement while seeking employment, regardless of whether or not it was the person's fault, the group told The Triton.

Making a false statement after being in an accident means "you're done," said another captain, adding that this could result in being prosecuted for negligence.

"The insurance companies will find out anything that has happened. So you need to say what you know."

Cruise passenger awarded $2.9 million after falling on pool deck

Tue, 04 Oct 2011 08:00:00 EST

A court awarded a woman $2.9 million in damages for injuries after falling on a slippery pool deck aboard the cruise ship Carnival Pride.

The accident occurred on Aug. 22, 2009 while she tried to move some pool chairs on a Caribbean cruise.

Denise Kaba has already undergone six surgeries after a severe fracture to her right patella (knee cap). At least one more surgery is planned. So far her medical bills have cost more than $120,000.

After being examined on the ship, she was told that no immediate treatment was needed. In an examination ashore, however, the knee fracture was diagnosed and she had six surgeries within the following six months.

Kaba filed suit for premises liability, alleging that the pool deck's resin surface made it unsafe when wet causing numerous similar injuries aboard the Pride and other Carnival ships.

Carnival admitted liability and the case went to trial at Southern District of Florida federal court in Miami for causation and damages.

Kaba says she is a stay at home mother who intended to return to work but continuing pain and immobility are preventing her from doing so.

Carnival challenged this in the trial, claiming she never had any intention of returning to work and was therefore not eligible for lost earnings.

The jury ruled in her favor and awarded her $2,925,957.55 in damages. Here is the breakdown courtesy of Verdict Search.com:

$221,911 Personal Injury: Past Medical Cost

$373,564 Personal Injury: Future Medical Cost

$170,483 Personal Injury: FutureLostEarningsCapability

$200,000 Personal Injury: Past Pain And Suffering

$1,960,000 Personal Injury: Future Pain And Suffering

Source: Maritime and Maryland Injury Law Blog.com.

Seafarer sues for injuries suffered after falling off a ladder

Tue, 04 Oct 2011 08:00:00 EST

A jury trial has been requested by a seaman who claims serious injuries from falling off a ladder on his vessel.

Plaintiff Clarence Stokes alleges that while working aboard the M/V Captain Frank, he sustained nerve damage and ruptured discs after the fall on April 18, 2011, the Louisiana Record reports.

Defendants Atlantic Sounding Co. Inc. and Weeks Marine Inc. are accused of negligence for failure to provide a safe working place, failure to warn Stokes of dangerous and unsafe conditions, lack of proper equipment, failure to provide adequate supervision, employing unskilled and untrained workers and lack of prompt and adequate medical care.

Stokes seeks maintenance and cure, punitive and compensatory damages, court costs and attorney's fees.

The case was filed Sept. 19 in New Orleans federal court.

Boat manufacturer sued for not posting warnings on maximum occupant capacity

Tue, 04 Oct 2011 08:00:00 EST

The family of two drowning victims during a San Diego Bay boating outing for special needs' persons has filed lawsuits against multiple parties.

10 persons were on the boat when it capsized on Mar. 27, 2011. Everyone was thrown into the 55-degree water. Xingchao Chen, 73, and his son, Jun Chen, 44, both of Rancho Peñasquitos, Ca., drowned.

The nonprofit Heart of Sailing Foundation, which takes special needs' persons on sailing trips, sponsored the excursion.

One of the defendants, boat manufacturer MacGregor Yacht Corp., is named for not posting warnings limiting the number of occupants allowed on board. The company's Roger MacGregor claims the accident was caused by the water ballast tank not being properly filled. He also says there is no government requirement to post capacity limits on sailboats greater than 20 feet.

The attorney for the victims counters that the boat's unique ballast tank configuration on the bottom causes the boat to handle differently from other boats and the number of occupants should be limited.

A police investigator said too many persons were aboard, there were not enough life jackets, the boat is in poor condition and the weight was not evenly distributed.

Other defendants are the Heart of Sailing Foundation and George Saidah, the boat's captain.

Source: Sign on San Diego.com

For Injured Alabama Offshore Workers with Kids: A Structured Way to Think about Your Options

Sun, 02 Oct 2011 08:00:00 EST

In an earlier library article about injured Alabama offshore workers' challenges, we talked about how tough it is for hurt and sick workers to engage in child care. Even healthy parents will admit that caring for young children and toddlers at times feels like participating in a never-ending triathlon or Ironman competition. If you are hurt or sick, and if you lack the financial and human resources to give your child good care, what can you do?

The "Tactics First" Mindset

The way most people respond is to start spitting out tactics: ideas which could help. For instance, they might say: "move closer to family," or "urge your spouse to take on more work to earn money to pay for extra child care." These tactical suggestions may or may not work, but approaching the problem first from a tactical level first is misguided.

The "Purpose First" Mindset

Instead, begin thinking about the problem from the perspective of purpose. WHY do you want to provide child care? What about your relationship with your children is important to you? Your answers could include things like: "because I want to love and bond with them" or "because I want to nurture them, ensure they have good nutrition, and protect their social development."

Positive Visualization

Once you have established the purpose - why you are so invested in caring for your children - engage in some positive outcome thinking. In other words, start thinking of best case scenarios without worrying about "how you are going to get there." As numerous philosophers of productivity have noted, it's very difficult to see the "how" until we can get a crystal clear picture of the "what" we want to achieve. So, spend some time really brainstorming and envisioning and fleshing out your ultimate child care vision, now that you have been temporarily incapacitated by your Alabama offshore injury. Where would your children go to school? What kind of care would you like to provide them? Who might be able to pitch in and help?

Analytical Contraction - Going from "What" to "How"

Once you have established a rich repertoire of potential "great outcomes," then it's time to work backwards and figure out how to get there. That is the time to consider all the tactics that we talked about earlier. If you go through this exercise, you'll see that you will spontaneously start to find tactics that help you meet your "best outcome" thinking. And you might even surprise yourself with the creativity of the solutions you find.

For help with any aspect of your Alabama offshore injury, connect with the powerful, astute team at Vujasinovic & Beckcom at (877) 724-7800 or www.maritimeaccidentattorney.com.

IMO marks World Maritime Day

Fri, 30 Sep 2011 08:00:00 EST

September 29, 2011 marked the 34^th World Maritime Day by the International Maritime Organization. This year's theme is "Piracy: orchestrating the response."

"No effort should be spared" to alleviate the worldwide rampant piracy, said IMO Secretary-General Efthimios E. Mitropoulos. He implored shipping companies to "rigorously" implement Best Management Practices and governments to "back up" their frequently repeated concerns by deploying appropriate military and technological resources for the scope of the problem.

While he implored ships' crews to do their part, no mention was made on the subject of them being provided armed security guards.

According to the International Maritime Bureau, there are presently 277 seafarers held hostage by Somali pirates and 346 attacks so far this year. In 2010, 1,090 people were taken hostage-516 were used as human shields-and 488 persons reportedly suffered serious physical or psychological abuse.

Source: gCaptain.com

La. shrimper sues after boat is swamped by wake

Thu, 29 Sep 2011 08:00:00 EST

A jury trial has been requested by a Louisiana man who claims his shrimp boat sank after being swamped in the wake of a larger boat, reports the Louisiana Record.

Christopher Bernard alleges that on May 21 the M/V Claire Candies traveled between 7.3 and 8.3 knots which caused a substantial wake that pushed under his boat, the 28-foot F/V LA 9248 BU, which was tied up in its slip at Four Point Landing in the Houma Navigational Canal.

The Coast Guard had earlier mandated a no wake zone in the canal due to the Mississippi and Atchafalaya Rivers being at or near record flood stage.

The defendant, Otto Candies and M/V Claire Candies, stands accused of negligence for violating the no wake zone and failure to control its wake.

The plaintiff seeks compensation for loss of revenue, property damage, the loss of catch, salvage costs and punitive damages.

The lawsuit was filed Sept. 8 in New Orleans federal court.

Sleep apnea getting attention in vessel pilot fatigue cases

Thu, 29 Sep 2011 08:00:00 EST

Among the findings in the NTSB report released this week on the Eagle Otome collision in Port Arthur, Tx. was a pilot's fatigue due to his untreated sleep apnea.

Sleep apnea is a sleep disorder characterized by irregular pauses in breathing or low breathing during sleep. This can result in fatigue and daytime drowsiness.

The Coast Guard is making sleep apnea an issue by requiring some mariners to undergo an annual sleep examination and submit evidence of compliance.

One U.S. flag master has spoken out on how the Coast Guard is "doing everything wrong" on his Merchant Mariners Credentials (MMC) process concerning sleep apnea mandates because of unfairly enforced medical standards.

He argues that if the Coast Guard is going to be responsible for determining mariners' special health circumstances, then it should also pay for the cost of the annual exams and be accountable to the public for any harm from all failures to disclose, comply or predict health problems that mariners may incur between renewals. Read his story in "USCG penalizing mariners with sleep apnea for renewal process" here.

The Eagle Otome collided with cargo vessel Gulf Arrow and then with the tow Dixie Vengeance at a bend in the channel of the Sabine-Netches Waterway on Jan. 23. 2010. 462,000 gallons of fuel were spilled.

Oilfield workers rescued in Gulf of Mexico file lawsuits

Thu, 29 Sep 2011 08:00:00 EST

Lawsuits filed in the aftermath of the evacuation of a disabled liftboat in the Gulf of Campeche allege that the workers were abandoned by a rescue ship in the area.

A standby ship that was available in the event of worker evacuation took off even though it was known the Trinity II liftboat was in trouble and the crew had called for assistance, attorney Francis Spagnoletti told the Associated Press.

Moreover, the standby vessel departed the area because its crewmembers were getting seasick and wanted to go back to shore, Spagnoletti alleged.

We have previously questioned why the Trinity II crew was not evacuated prior to the storm and the attorney concurred.

Surviving workers Ted Derise Jr. and Jeremy Parfait, along with the family Craig Myers, who died, filed the lawsuits for unspecified damages in federal court in Galveston, Tx.

They and seven other crewmembers evacuated the Trinity II in Tropical Storm Nate about eight miles from the Mexican coast on Sept. 8.

When they attempted to deploy some of the inflatable rafts, the wind blew them away. All 10 persons were forced into a raft which wasn't large enough and some of the workers had to hang onto handles on the outside in the water. Australian Aaron Houweling lost his grip in the first few hours and died. His body was found later by the Mexican navy. American Nick Reed also died. A Bangladeshi man, Kham Nadimuzzaman, was rescued but later died in the hospital.

For three days the group drifted in shark infested waters with no food or drink. Some drank urine.

The group was found by the Mexican Navy on Sept. 11 about 50 miles off the state of Campeche.

Defendants named in the lawsuits are Houston-based Geokinetics Inc., which provides seismic data, Louisiana-based Trinity Liftboat Services, which operated the liftboat, and Mermaid Marine Australia Ltd, the Australian owner of the standby vessel.

Two persons rescued after fishing boat hits the rocks in Massachusetts

Wed, 28 Sep 2011 08:00:00 EST

A small fishing boat ran aground on rocks outside of the harbor in Gloucester, Mass. late Monday night.

Gloucester Police brought the two persons aboard into town. They were not injured.

The pair had come up from New Jersey and were heading for the Cape Ann Marina when they ran up on the rocks by the Dogbar breakwater at about 11:40 p.m., police said.

Towboat U.S. towed the boat off the rocks Tuesday morning and it was bound for salvage, the Coast Guard said.

Source: Gloucester Times

With no Jones Act, military cargoes would be transported on foreign ships

Mon, 26 Sep 2011 08:00:00 EST

If opponents of the Jones Act had their way, the U.S. merchant marine would disappear. The 1920 federal statute is the only mechanism guaranteeing American seafarers work opportunities, humane living conditions and reasonable care for illness and injuries.

Jones Act enemies like Arizona Sen. John McCain have sponsored legislation like S. 3525, the Open America’s Waters Act, which would end up wiping out the entire U.S. fleet. They argue that American seamen are too expensive to make transport of goods and services competitive. Their alternative would be to use flag of convenience companies that loophole around or completely ignore safety rules and operate unseaworthy vessels carrying slave wage earning crews living in deplorable conditions such as sharing “hot racks.”

Sen. McCain and his cohorts should be made aware that if the Jones Act were to be repealed, it would have profound detrimental effects on American national security. By continuing to provide American seafarers with job opportunities, there is a viable supply of workers to transport cargo for military missions.

If the Jones Act and cargo preference laws did not exist, “I can assure you that it is unlikely that ships would remain under the U.S. flag,” said former U.S. Maritime Administrator Capt. William Schubert (source: wikipedia.com).

“The U.S.-citizen mariner pool needed for the Department of Defense in times of national emergency or war would simply disappear.”

This means that the nation would have to rely on foreign ships to protect the national interest.

Offshore worker files $1.2 million suit after face smashed by drilling wrench

Sat, 24 Sep 2011 08:00:00 EST

Nabors Offshore Corp. has been hit with a $1.2 million suit by a worker who was struck in the face by a set of tongs, reported the Louisiana Record.

Tongs are large wrenches used to move drilling pipe or casings. A video of them can be seen in this You Tube clip from the series “Black Gold.”

Plaintiff Cedric Brent claims the accident took place April 10, 2011 while he was employed on Rig P-10 in the Gulf off of the Louisiana coast. The tongs smashed his face and side of his head, resulting in serious injuries, his lawsuit states.

He seeks compensation for physical, mental and emotional pain and suffering, loss of enjoyment of life, loss of wages and earning capacity and punitive damages.

The defendant is accused of negligence for not preventing the accident from occurring, failure to provide a safe working place and lack of proper supervision and training.

The case was filed Sept. 14 in New Orleans federal court.

Vessels must safeguard against threat of radar radiation

Fri, 23 Sep 2011 08:00:00 EST

It’s a fact that radars emit enough RF, or radio frequency electromagnetic field radiation, to produce serious biological damage risk to people. Therefore, it is important that each vessel, whether a sport fishing boat or a vlcc tanker, has a system in place to protect personnel from RF exposure. Here are some important procedures:

1) Do not go work on the unit alone. Always have another person standing by in case of emergency.

2) When going aloft in the vicinity of the radar, shut it off or put it in standby mode. This is the most failsafe method to protect a crewmember from exposure.

3) Tag-out the radar console. Place a standard tag-out across the on/off or standby switch to prevent accidental engagement of the unit while someone is in the area of the scanner above. If a conventional tag is not handy, write “Man Aloft-Radar Off” on a sheet of paper and tape it on the screen to cover the switch.

4) Set the cut-off switch before going aloft to approach the scanner. This switch prevents someone from turning on the unit from a remote location. If there is no cut-off switch on the vessel, strongly consider installing one or make a formal request to do so through the vessel’s chain of command. If the request is ignored, contact the company designated person.

Note the potential risk of RF exposure to the upper console in the photo below.

(Cruiser Log)

Unconscious seaman evacuated near Aleutians

Fri, 23 Sep 2011 08:00:00 EST

The Coast Guard airlifted a tanker crewmember by helicopter over 500 miles southwest of Kodiak on Thursday.

The 47-year-old man had been found unconscious and required medical attention.

A call for assistance was placed from the 422-foot Maltese-flagged Murray Star to Coast Guard District 17 at 9:14 a.m. An MH-60 Jayhawk helicopter was dispatched for the medevac, flying 345 miles to refuel at Sand Point then continuing the rest of the way to the ship.

The patient was safely hoisted aboard the helicopter at 4:15 p.m., flown to Sand Point and then to Anchorage for more treatment.

The cause and extent of his condition were not reported.

Source: U.S. Coast Guard

We advise mariners to save their accident and medical records

Thu, 22 Sep 2011 08:00:00 EST

One of the best ways our clients can help us to help them is to provide us with as many detailed medical and accident records as possible. Jones Act cases often hinge on mastering the details. We often advise mariners to keep good records of any safety deformities or unseaworthy conditions of the vessel. It's a good policy to have a small notebook and pen in your work pocket to immediately write down things like sea state, weather, lat / lon, witnesses present and specifics of the deformities. This way you won't have to struggle to recall these things down the road or under cross examination pressure in the courtroom.

Being proactive, however, does not mean having your camera phone or a mini cassette recorder constantly at the ready at every moment at sea. Why? Because that mindset crosses over from prudence to obsession. And while there have been vessels where the captain has a hidden microphone on the bridge or another crewmember secretly keys the walkie-talkie microphone in the hopes that a conversation will broadcast throughout the vessel, this is not the route to go. Just be alert and record the facts in a reasonable manner.

Having your medical records available from as far back as possible might seem extreme, but seamen can be sure that insurance companies will send their investigators to dig up as much medical information about them as possible. And they will take even a routine doctor's visit from several years earlier and twist it to make it seem like you were attending to an unreported existing condition. So the more medical information we are given, the better we can anticipate the other side's lowball tactics.

Read "Why it's important for seamen to fully disclose your medical history" in our article library here.

Injured volunteers file lawsuit against regatta for powerboat race accident

Thu, 22 Sep 2011 08:00:00 EST

Two persons critically injured in a July 4^th weekend Ohio River powerboat race filed a lawsuit against the Madison (Ind.) Regatta, reports the Louisville Courier-Journal.

Brian Perkins, one of the drivers, reportedly drove off course and while correcting his bearings hit a rescue vessel.

Michael Brand, 46, of Middletown, Oh., sustained cuts to his head and cracked ribs. Angela Greenwell, 31, of Louisville, Ky., was hospitalized for several weeks with a broken femur. Both were volunteers.

Another victim, firefighter Chris Cutshall, 31, was filing a separate lawsuit.

The defendants are the Madison Regatta, Inc., powerboat owner Go Fast Turn Left LLC, driver Perkins and his team, H1 Unlimited and the American Power Boat Association.

The regatta is accused of failing to follow safety procedures in the suit filed Sept. 21 in Jefferson County (Ky) Circuit Court.

Deckhand files $750K lawsuit for knee injury

Thu, 22 Sep 2011 08:00:00 EST

A deckhand filed a lawsuit against Environmental Safety & Health Consulting Services Inc. after allegedly falling to the deck and injuring his knee, reported the Louisiana Record.

According to documents of the case filed Sept. 8 in New Orleans federal court, Gregory Alexander claimed the accident occurred Sept. 10, 2010 when he was working aboard a vessel that ran at an unsafe speed for existing sea conditions, throwing him to the deck and disabling his right knee.

He seeks over $750,000 in damages for physical and mental pain and suffering, loss of wages, loss of earnings capacity and medical expenses.

The defendant stands accused of failure to operate the vessel in a reasonably safe manner, failure to provide a safe working place, preventing Alexander from being thrown to the deck and operating too fast for existing sea conditions.

Offshore defendants face multiple accusations in safety harness malfunction

Thu, 22 Sep 2011 08:00:00 EST

A seaman is suing for cervical and lumbar spine injuries he claims resulted from a malfunctioning safety harness.

Travis Tyler Stringer of Mississippi filed the case Sept. 7 in New Orleans federal court against Parker Drilling Company and Baker Hughes Inc.

Court documents state that on July 10, 2011, while Stringer was employed by Baker Hughes aboard Parker Drilling’s Inland Drilling Barge, Rig 15, he was upended while being lowered in a safety harness which malfunctioned.

The claims against defendant Parker Drilling are:

-Negligence for failure to provide equipment in reasonably safe condition
-Providing faulty or defective equipment
-Operating an air hoist to lower the safety harness in an unsafe manner
-Failure to adequately inspect the safety harness before use
-Failure to immediately halt the operation when the safety harness first malfunctioned
-Failure to appropriately and safely lower the plaintiff in the safety harness
-Failure to use a signal man during the operation

The claims against defendant Baker Hughes are:

-Negligence for failure to provide a safe working place
-Failure to adequately supervise the task at hand
-Failure to assign a signal man when plaintiff was lowered
-Forcing plaintiff and his crew to work undermanned and excessive hours.

Plaintiff seeks over $1.5 million in damages for physical and mental pain and suffering, loss of wages and earning capacity, loss of enjoyment of life and medical expenses.

Source: Louisiana Record

Hawaiian swimming team finishes race even after boat sinks

Wed, 21 Sep 2011 08:00:00 EST

Even after the boat taking them to their event sank in choppy seas off Hawaii, a team of swimmers still competed in a 9.5 mile relay race on Sept. 3.

The six members of the Mountain View Master’s Swim Team and five other persons—including a young child and the crew—bailed out of their 25-foot fishing boat as it sank between Lanai and Maui at about 7:40 a.m.

Fortunately, other boats in the area picked everyone up. After that, the swimmers swam side by side with their opponents and both teams raced together, completing the Maui Channel Swim event in just over six hours.

Two of the swimmers alleged that the captain appeared to be more concerned about saving his boat than warning passengers about the volume of water flooding the vessel. Still, they said he did manage to put a life vest on his four or five year old grandson and safely evacuate him.

There was no comment in the report from the captain as to why the child was not wearing a life vest in the first place.

Source: Mountain View Voice

Oil rig worker files suit after falling through deck grating in Gulf of Mexico

Wed, 21 Sep 2011 08:00:00 EST

Noble Jim Thompson
(Noble Corporation)

A worker on a Gulf of Mexico platform is suing his ex-employer after falling through deck grating into the ocean.

Daniel W. Martin’s suit was filed Sept. 9 in New Orleans federal court against Noble Drilling (U.S.) and Noble Leasing (Switzerland) GMBH, reports the Louisiana Record.

According to court documents, while working as a crewmember on the semisubmersible Noble Jim Thompson on May 11, 2011, Martin fell through a hole in the lower deck grating that became dislodged and dropped into the high seas of the Gulf. This resulted in multiple serious injuries including fractures to his vertebrae. Moreover, he was injured from barnacles while desperately clinging to his life on the vessel’s side tank.

Martin claims that because of the accident he has not been able to return to work as a roustabout and crane operator trainee nor return to any other work he is qualified according to his education and skill level.

He seeks compensation for disability, physical pain and suffering, mental anguish, emotional distress, fear, fright, loss of wages and earnings capacity.

The defendant stands accused of negligence for not providing a safe working place and seaworthy vessel, failure to warn him of a known danger and failure to inspect and repair the vessel in a timely manner.

Seaman claims he suffered racially motivated horrors in lawsuit

Tue, 20 Sep 2011 08:00:00 EST

Imagine being racially harassed and physically assaulted on the job to the point of having to jump overboard and swim for your life, only to be fired for abandoning the job.

That’s what a Mississippi dockworker claims happened to him in his racial discrimination and retaliation lawsuit against his employer, reports the Louisiana Record.

Douglas Clayton’s suit states that while employed by defendant John W. Stone Oil Distributor from May 6, 2010 to Nov. 9, 2010, he regularly endured being the butt of “black jokes” and other forms of racial harassment by numerous employees.

The Human Resources Manager transferred him to another boat after he reported this behavior.

The harassment continued and he was told to “lighten up,” the suit states. Then, one of the workers who previously harassed him was transferred to his new boat and physically battered and assaulted him, along with other workers. Clayton said he fled by jumping in the water and swimming to shore, when he was terminated for job abandonment.

He seeks compensation for back and front pay, loss of benefits, compensatory and punitive damages.

The case was filed in New Orleans federal court on Sept. 9.

The "Zone of Danger" affects a seaman's emotional distress legal case

Thu, 15 Sep 2011 08:00:00 EST

In general tort liability terms, the “Zone of Danger Rule” means that a plaintiff may recover damages for emotional distress if the plaintiff was in an area where he or she could have been physically harmed by a defendant’s negligence. For maritime purposes—as adopted by the 6^th Circuit Court of Appeals in 1998—the plaintiff must have been inside the area of the vessel where the unsafe condition or negligent act caused possible injury or impact.

For example, two crewmembers are traumatized after witnessing a co-worker being killed from blunt force trauma from a mooring line parting. Plaintiff 1 was standing three feet away from the victim and narrowly missed suffering an injury. Plaintiff 2 was 45 feet away and was a safe distance away.

Under the zone of danger, the plaintiff who was in the area where potential injury could have occurred may seek damages for emotional distress while the one who was out of the zone could not.

How Injured Alabama Offshore Workers Can Adjust to Shore Life with Ease

Thu, 15 Sep 2011 08:00:00 EST

Injured Alabama maritime workers must adapt to rapidly changing circumstances in their lives. For instance, if you slipped on deck and broke several bones in your spine, or if you inhaled toxic effluent while working on a drilling rig, not only do you have an urgent medical crisis, but you also have a possible legal situation. These kinds of situations call for hard questions. Should you sue or not? How else might you be able to get compensation? On top of that, you face crises with your personal finances and home logistics, as well as the problems of rehabilitation and vocational training.

With all that on your plate, you can be forgiven for not anticipating the potential struggles you might encounter when back on land. We defined this problem of "land legs syndrome" - the disorientation that hardcore mariners feel when they return to shore - in a previous library article. Now we are going to talk solutions. What can you do to adjust and make things simpler, easier, and more comfortable for you?

Here are a few ideas:

Avoid going "cold turkey." If you miss the water, take a trip to the dock and just watch the water. Or, if your doctor allows, go for small, easy sails, or even just float in and around the water. Don't cut yourself off from the sea entirely.
Take care of yourself. Eat well, get enough rest, and avoid engaging with too many stressful situations at once (especially situations that pertain to your injury/accident). Also, get exercise as your injury/illness will allow.
Visualize being back out on the water. Just close your eyes and spend 10 to 15 minutes a day meditating, remembering what it was like to be on board the ship. This might calm you and settle your nerves.
Watch videos on the web (or on your TV) of water. This may or may not work, but it's the kind of experiment you may want to try. It's similar to the previous point; it may help you to visualize and hear what being out on the water is like.
Expect the disorientation. Talk to your doctor and/or therapist about it. In certain cases, medications and extended therapy might be helpful.

For help with specific logistical and legal questions regarding your Alabama offshore injury, connect with the Jones Act attorneys at Vujasinovic & Beckcom. Find out more about our credentials, experience, and philosophy for helping victims at www.maritimeaccidentattorney.com, or call us for a free consultation at (877) 724-7800.

Why wasn't Trinity II liftboat evacuated before lives were lost?

Wed, 14 Sep 2011 08:00:00 EST

Nate was already a tropical storm more than 24 hours before its onslaught forced the evacuation of 10 workers by life raft from the Trinity II liftboat in the Gulf of Campeche last Thursday afternoon.

“Tropical Storm Nate Forecast to Strengthen” read one headline on September 7, the day before the crew fled the vessel in hurricane force winds and 25 foot seas.

One American and one Bangladesh man died after being adrift in the Gulf for nearly three days. Another American is still missing.

Why was the crew not evacuated well before conditions deteriorated to the point of disabling the vessel only eight miles from the coast of Mexico? Was there an assumption that because it was close to shore in shallow waters that it was impervious to such a weather threat?

The owner of the liftboat was Trinity Liftboat Services of New Iberia, La. The liftboat was chartered by Geokinetics of Houston. Why did neither of these companies take control of the situation before disaster struck?

2nd Louisiana worker's death confirmed in obituary of co-worker

Wed, 14 Sep 2011 08:00:00 EST

A Louisiana offshore worker listed as missing in the Gulf of Campeche since last Thursday is reported as having died in the obituary of a co-worker who also lost his life.

For reasons unexplained, officials still have not released the names of two men who died in the Gulf of Campeche after evacuating their liftboat which was disabled during Tropical Storm Nate.

However, a Pellerin Funeral Homes website has posted an obituary for Craig Myers which states he was “preceded in death by his close friend, Nicholas Reed.” They were both from New Iberia.

Both men were on the Trinity II liftboat when it was engulfed in Tropical Storm Nate. They fled the vessel with eight other workers in a covered life raft into 70 to 80 mile an hour winds and 20 to 25 foot seas.

Reed was the son of Randy Reed, president of Trinity Liftboat Services, which owned the vessel. The liftboat was contracted by Geokinetics of Houston.

Six workers, including two other workers from the New Iberia area, were rescued. One of the group of survivors who was from Bangladesh later died in a Mexican hospital.

A tenth worker is still missing.

Source: The Advertiser.com

Did Trinity Liftboats think their disabled vessel was like the Titanic?

Wed, 14 Sep 2011 08:00:00 EST

“God Himself couldn’t sink this ship.”

Those infamous words were allegedly uttered by a White Star Line employee about the Titanic before it sank on April 15, 1912 after hitting an iceberg in the North Atlantic on its maiden voyage.

There’s not a ship in this world that can’t be sunk or put out of commission. However, perhaps Trinity Liftboat Services of New Iberia, La. thought their vessel, the Trinity II, couldn’t be disabled.

Tropical Storm Nate proved otherwise.

On Thursday at around noontime, amidst gale force winds and 20 foot seas in the Gulf of Campeche, the vessel crew sent out a distress message saying they were abandoning ship, said a spokesman from Houston-based Geokenitics, which leased the vessel.

According to vessel Capt. Jeremy Parfait, one of the three stabilizing legs broke in the raging storm.

A nearby ship spotted the 10 workers piling into a covered life raft but could not assist in the rough conditions. Because the raft was too small, some of the workers had to hold onto to handles on the outside of the raft.

Seven workers were rescued three days later. One of them later died in a Mexican hospital.

Two Iberia, Louisiana men were reported in a funeral home obituary to have been found dead, yet Trinity Liftboats has still not released their names 72 hours after their bodies were discovered.

"Imagine: 72 hours without sleep, exhausted, without water, dehydrated and being battered by waves," said Adm. Joaquin Garcia-Perez Silva, commander of Mexican Naval Region III, in an Associated Press report.

The question is, why was the crew not evacuated from the vessel before being left to the mercy of the elements?

According to Geokinetics’ own timeline as reported by KATC.com, Tropical Storm Nate was already approaching the Gulf of Campeche on the evening of Wednesday, Sept. 7.

Why was the vessel not ordered to transit away from the path of the storm? Was the decision made by the company for the workers to ride it out or was there a miscalculation as to the storm’s track and intensity?

These questions must be asked of Geokinetics and Trinity.

Trinity Liftboat crew had no communication equipment while adrift for days

Wed, 14 Sep 2011 08:00:00 EST

The life raft that evacuated 10 Trinity Liftboats workers in stormy Gulf of Campeche waters had no communication system, said Brenda Taquino of Geokinetics, the company that leased the disabled liftboat.

Pemex aircraft and Mexican naval vessels water craft searched the Gulf for three days until rescuing seven of the workers, one of whom later died in the hospital. The bodies of two New Iberia, La. men were recovered. Another identified worker is still missing.

The workers evacuated the Trinity II about 50 miles off the coast of the state of Campeche Thursday afternoon amidst 20 foot seas and gale force winds from Tropical Storm Nate.

Source: Houston Chronicle

1 La. oil worker dead, 1 still missing in Gulf after Tropical Storm Nate

Tue, 13 Sep 2011 08:00:00 EST

A Louisiana worker who evacuated a liftboat in the Gulf of Mexico is still officially missing.

Nick Reed of New Iberia and nine others fled the Trinity II Thursday afternoon during savage weather in the throes of Tropical Storm Nate. Conditions at the site about 8 miles off the coast of the state of Tabasco, Mexico in the Gulf of Campeche were described as 70 to 80 mile per hour winds with 20 to 25 foot seas.

The group escaped in an enclosed life raft and were adrift for three days. Reed was still unaccounted for at last report. He is the son of Randy Reed, President of Trinity Liftboats, which owned the vessel. However, two unidentified bodies were recovered. The liftboat was chartered by Houston-based Geokinetics.

A fellow Louisiana man did not survive. Craig Joseph Myers, 32, also a native of New Iberia, La., died. His body was recovered, though latest news reports did not specify if his body was found in the raft or in the water. Funeral services for Craig Joseph Myers are pending . He worked as a crane operator for Trinity Lift Boats. According to the Mexican Navy, four survivors and one of the deceased was located in the boat while the three other survivors and another body were pulled out of the water.

Two other Louisiana residents, Jeremy Parfait of Houma and Ted Derise, Jr., of New Iberia, were rescued. Their conditions were unknown. Four Mexicans also survived. A Bangladesh man who was also rescued died after being taken to a hospital in the port city of Ciudad del Carmen.

The Coast Guard has been monitoring the situation and has been in contact with the Mexican Navy, which was continuing the search for the remaining missing worker.

Source: Houston Chronicle

RIP offshore worker Craig Joseph Myers

Tue, 13 Sep 2011 08:00:00 EST

The death of offshore worker Craig Joseph Myers of New Iberia, La. has been confirmed. Myers was killed after being adrift in the Gulf of Mexico after he and nine co-workers evacuated their liftboat the Trinity II which was disabled during Tropical Storm Nate last Thursday afternoon. Nick Reed, a fellow resident of New Iberia, is listed as missing. Two other Louisiana residents, Jeremy Parfait of Houma and Ted Derise, Jr., of New Iberia, were among the seven confirmed survivors. A Bangladesh worker was rescued alive but later died in the hospital.

The following is Myers’ obituary which appears in the Pellerin Funeral Homes website.

Craig Joseph Myers

May 10 1979 - Sep 11 2011

New Iberia – Funeral services are pending at Pellerin Funeral Home in New Iberia, for Craig Joseph Myers, 32, who died Sunday, September 11, 2011 .

Born on May 10, 1979 , Craig was a graduate of New Iberia Senior High, and worked as a crane operator for Trinity Lift Boats. He enjoyed cars, trucks, jet skies, four wheelers, but most of all spending time with his family and friends. Craig will be deeply missed.

Survivors include parents, Steve and Debra Waguespack Myers of New Iberia; grandparents, Nelton and Betty Myers of New Iberia; brother, Jason Myers of New Iberia; sister, Heather Frith and husband Scott of New Iberia; girl friend, Keisha Burke of New Iberia; nieces and nephews, Chet Ransonet, Chase Ransonet, Alicee Frith, Gracie Frith; godmother, Sherry Romero of New Iberia; godchild, Cruz Reed of New Iberia; several aunts, uncles, and cousins.

He was preceded in death by his grandparents, Dalton Waguespack, and Audrey Waguespack Prince; uncle, Keith Waguespack; and his close friend, Nicholas Reed.

Pellerin Funeral Home, 502 Jefferson Terrace Blvd., New Iberia, LA 70560, 337.365.3331, is in charge of arrangements.

Are You a Merchant Mariner Who Suffered a Mississippi Maritime Injury? Beyond a Document of Continuity, What Else Might You Need?

Sat, 10 Sep 2011 08:00:00 EST

If you are a merchant mariner recently hurt in an offshore accident, your Mississippi maritime injury may have thrown off your life and work plans significantly.

As we covered in a recent article, a hurt seaman might be advised to place credentials into continuity status by obtaining something known as a Document of Continuity. This will allow you to obtain active credentials, which will not expire and will allow you to maintain your eligibility for renewal. Note: this document does not entitle you to serve as a merchant mariner; it simply allows you to satisfy the requirements for renewal in the future as outlined in Paragraph D of 46 CFR 10.227(d).

Once you apply for a Document of Continuity, you acknowledge that you will not sail until you renew your credential or credentials pursuant to 46 CFR 10.227(d).

What else might you and your family be able to do to preserve your rights, keep your work options open, and maximize your chances of returning to the work you love - without risking re-injury or illness?

Here is a quick list of tips:

Reduce the amount of sugar you consume in your diet - particularly liquid sugar - as compelling scientific evidence suggests that overconsumption of sugar can cause a cascade of dangerous impacts on your liver and reduce your body's capacity to heal
Engage in physical therapy, strength training, and counseling
Refresh/renew your vocational skills, so that you will be ready to get back out there and start working as soon you feel well enough to do so
Obtain good legal help to meet your challenges, collect compensation for lost wages, medical bills, other costs associated with your injury, and to protect your rights.

The Jones Act lawyers of Vujasinovic & Beckcom invite you to download free consumer reports at www.maritimeaccidentattorney.com to help you and your family recover swifter, more effectively, and with less stress from your Mississippi maritime injury.

We can also help you if you have any questions about your Document of Continuity.

Evacuation from Tropical Storm Nate: Offshore Workers Missing

Fri, 09 Sep 2011 08:00:00 EST

Reports are circulating that several workers are missing after evacuation attempts ahead of Tropical Storm Nate. Apparently about ten workers evacuated a ship in the Gulf of Mexico. Some of the workers were employed by Houston-based Geokinetics, and others worked for Trinity Liftboats of New Iberia, Louisiana.

Reports indicate these workers were seen abandoning a liftboat and entering a life raft, after sending a distress message.

In light of the injury risks associated with offshore evacuations, these workers are in our thoughts, and we wish them a recovery without injury.

Gulf of Mexico diver sues employer for severe arm injury

Thu, 08 Sep 2011 08:00:00 EST

A commercial diver claims his right arm was seriously injured and disabled while conducting a dive in the Gulf of Mexico because he did not have the proper tools.

Dane Emmert Peterson’s lawsuit against Epic Diving & Marine Service was filed in New Orleans federal court, the Louisiana Record reports.

Case documents state that on Aug. 19, 2009, Emmert’s arm was caught in a subsurface structure as he assisted with removing component parts of the DB Southern Hercules, resulting in the injuries stated.

The defendant is accused of negligence for failure to operate, maintain and equip the DB Southern Hercules and failure to provide a safe workplace.

Peterson asks compensation for permanent injuries, post-traumatic stress, emotional distress, loss of wages and earning capacity, punitive damages, medical expenses and other damages.

Vessels must enforce "lockout—tagout" compliance system

Wed, 07 Sep 2011 08:00:00 EST

Failure to properly follow “lock out-tag out procedures” on a vessel is an example of negligence and is grounds for a Jones Act case.

According to worker safety site lok-alert.com, “Lock out failure is documented to attribute to almost 30 percent of all accidental injury and death claims in industry today.”

Lock-out—tag-out is a safety procedure to ensure that dangerous machinery is shut off or power sources are “isolated and rendered inoperative” (Wikipedia) before repair work begins. This system is designed to protect both personnel and prevent equipment damage.

A lock will be placed in a position where the machine switch can’t be turned on or the key area is de-energized. A tag is placed on the locked out device to show that it must not be turned on.

All vessels must have a tag-out program and crews are required to follow it for maintenance of systems, components and equipment.

(TNT Enterprises)

Mississippi seaman files Jones Act lawsuit after suffering impact wrench injury

Tue, 06 Sep 2011 08:00:00 EST

A seafarer has filed a $2 million Jones Act lawsuit against his employer from injuries on the job.

The Louisiana Record reports that Mississippi resident Trent A. McDowell filed the claim on Aug. 4 in New Orleans federal court against defendants Atlantic Sounding Co. Inc. and Weeks Marine Inc.

Court records said that the alleged incident occurred on May 22 as McDowell was employed on the Dredge G.D. Morgan. While trying to break loose a bolt above his head with a high powered impact wrench on the pumping system, the wrench moved suddenly, “trapping and injuring him.”

McDowell seeks over $2 million for physical, mental and emotional pain and suffering, medical expenses, loss of enjoyment of life and loss of wages and earning capacity.

Accusations include negligence for an unsafe work place, failure to provide proper supervision and adequate training and failure to provide reasonably safe means and methods for the task.

Deckhand sues for injury from offloading trash

Tue, 06 Sep 2011 08:00:00 EST

A deckhand has filed suit against employer Enterprise Marine Services for injuries incurred from unloading garbage from the vessel, the Louisiana Record reports.

Dave Robling alleges that while throwing heavy bags of trash from the bow of the M/V Diane Cenac to the dock in Mississippi, he hurt his neck, back and shoulder.

The defendant is accused of negligence for not warning that the bags were excessively heavy (contained petroleum waste products) and for allowing unsafe working conditions.

The plaintiff seeks compensation for physical and mental pain and suffering, anguish, loss of wages and earning capacity, disfigurement and loss of enjoyment of life.

The case was filed Aug. 18 in federal court in New Orleans.

Been in a Newsworthy Florida Boat Accident? How to Deal With the Media Attention

Sat, 03 Sep 2011 08:00:00 EST

If you get hurt in a relatively run-of-the-mill boat accident in Florida, you understand the tremendous problems and crises to manage, including treating your injuries, getting compensated for damages, and seeking justice against the wrongdoer who caused the accident.

However, if your boat accident was remarkable in some way - involved significant damage or was just uniquely interesting - you might also have to deal with the media.

Victims in maritime accidents are often caught flatfooted by their sudden, and often extremely unwanted, fame. For instance, if your daughter was seriously hurt in a speedboat accident, would you really want news reporters calling you at your house, bloggers discussing your potential case, and local newspapers speculating on whether alcohol or drugs might have been involved?

Of course not.

But controlling the media is an art few have mastered.

Unfortunately, the task is difficult. It is an unwanted task tossed on top of all other surprising and unwanted concerns you are juggling, thanks to the boating crash. But with the right resources - and education - you can make progress dealing with the logistics, medical care, and frustrations caused by the accident, as well as the media.

The team at Vujasinovic & Beckcom, PLLC is dedicated to empowering victims through education. At our website, www.maritimeaccidentattorney.com, you can download three free consumer reports designed to help prospective clients and anyone who has questions or concerns about maritime injury law. These books include:

How To Hire The Best Maritime Attorney For Your Case
Protecting Your Future - How To Find Out What The Company Really Thinks About Your Maritime Injury
An Insider's Guide to Winning Your Maritime Injury Case

Find out more information online, or call us for a free, private case evaluation at 1-877-724-7800.

Royal Caribbean stewards say they were punished because of suggestion card remarks

Fri, 02 Sep 2011 08:00:00 EST

Imagine being a waiter in a five star restaurant and having management take your tips away because of less than desirable remarks on diner suggestion cards.

This is what employees of Royal Caribbean Cruise Lines say essentially happened to them.

Cruise Bruise.com reports that several RCCL passenger cabin stewards claim they were sent to the “back of the house” for a number of weeks simply because the comments on suggestion cards were less than favorable.

“Back of the house” refers to the ship’s crew quarters where no tips are paid. Without tips, the stewards became “slaves” who were forced to work for very little pay in clear violation of their employment contracts.

Now that these employees have begun to speak out and seek legal counsel, RCCL has reportedly stopped this practice.

If you are a cruise ship worker or seaman who has been forced to violate your employment contract, contact Vujasinovic & Beckcom at once. There are too many abuses and even injuries from crewmembers being forced to work outside of their required department, such as in the case we reported of a deckhand sent to intensive care after being ordered to work on engine equipment.

Seaman files $10 million lawsuit for injury from dangerous access to top bunk

Fri, 02 Sep 2011 08:00:00 EST

An offshore worker has filed a $10 million lawsuit against his employer for a foot injury, the Louisiana Record reports.

Carlos Hardison of Natchitoches claims the accident occurred on June 19 while he was working aboard the M/V Callais Explorer at Aransas Pass, Tx. He states that his right foot became permanently and seriously disabled after it smashed into a milk crate while he attempted to dismount from an upper bunk.

Abdon Callais Offshore is the defendant named in the suit which was filed Aug. 18 in New Orleans federal court.

The plaintiff claims the defendant is negligent for not providing him a safe means of climbing into and out of an upper bunk, refusing his request for prompt medical treatment and failing to provide him with timely medical care.

He seeks over $10 million compensation for physical and mental pain and suffering, medical expenses, loss of wages and earning capacity, loss of enjoyment of life and punitive damages.

There is more to a story like this than what is listed in the bare facts. Read “There’s more than meets the eye in Jones Act case damages” in our article library here.

Lawsuit filed for lack of non-skid on offshore platform deck

Thu, 01 Sep 2011 08:00:00 EST

An offshore platform worker has filed a lawsuit after allegedly suffering injuries from slipping and falling on a deck without non-skid surface, the Louisiana Record reports.

Willie Woods filed the claim Aug. 11 against defendants Apache Corp. and Stallion Offshore Quarters Inc. in New Orleans federal court.

According to court documents, Woods claims on Feb. 28, 2011, he suffered a serious shoulder injury that required surgery after falling outside of his living quarters because no anti-slipping measures were placed on the platform deck.

Apache Corp. owns the platform and Stallion Offshore provided the living quarters. They stand accused of negligence for failure to properly maintain the area where Woods fell, failure to provide warning of dangerous conditions, lack of non-skid and other slip prevention measurements and violation of maritime law.

Woods seeks compensation for physical, mental and emotional pain and suffering, disability, loss of wages and earning capacity, punitive damages and medical expenses.

Been in a Newsworthy Boat Accident in Florida?

Wed, 31 Aug 2011 08:00:00 EST

How to Deal With All of the Media Attention

If you get hurt in a relatively run-of-the-mill boat accident in Florida, you still have tremendous problems and crises to manage, including treating your injuries, getting compensated for damages, and seeking justice against the wrongdoer who caused the accident.

But if your boat accident was remarkable in some way – involved significant damage or was just curiously quirky – you might also have to deal with the media.

Victims in maritime accidents are often caught flatfooted by their sudden, and often extremely unwanted, fame. For instance, say your daughter was seriously hurt in a speedboat accident. Do you really want news reporters calling you at your house, bloggers discussing your potential case, and local newspapers speculating on whether alcohol or drugs might have been involved?

Of course not.

But controlling the media is an art few have mastered.

Look, the task is difficult – and an unwanted task tossed on top of all other surprising and unwanted concerns you are juggling, thanks to the boating crash. But with the right resources – and education – you can make progress dealing with the logistics, medical care, and frustrations caused by the accident, as well as with the media.

The team at Vujasinovic & Beckcom, PLLC is dedicated to empowering victims through education. You can download three free consumer reports designed to help prospective clients and anyone who has questions or concerns about maritime injury law. These books include:

How To Hire The Best Maritime Attorney For Your Case;
Protecting Your Future – How To Find Out What The Company Really Thinks About Your Maritime Injury;
An Insider’s Guide To Winning Your Maritime Injury Case.

Find out more information online, or call us for a free, private case evaluation at 1-877-724-7800.

Estate of man who died in Gulf of Mexico boat capsizing files lawsuit

Mon, 29 Aug 2011 08:00:00 EST

The estate of a man who died in the frigid waters of the Gulf of Mexico when the boat he rode in capsized is suing the owner and the manufacturer of the boat, the Louisiana Record reported.

On Feb. 12, Kenneth Mock was a passenger on a 25-foot recreational fishing boat owned by defendant Harold D. Dowsey and manufactured by defendant Grady-White Boats. Mock and Dowsey were running out of South Pass into the Gulf to sport fish when one of the two outboard motors quit at about 7:30 a.m.

The lawsuit states that the other engine was shut off to re-start the failed engine. Then the men observed flooding from inside the cockpit which ended up capsizing the vessel and sending them into the cold water. After an extended period of time, Mock died.

Grady-White Boats stands accused of negligence for a defective boat that was unreasonably dangerous.

Dowsey stands accused of negligence on numerous grounds including failure to properly inspect the boat and maintain it in a safe condition, failure to properly maintain equipment, careless operation of the vessel and failure to make sure all passengers wore life vests at all times.

Jeffrey Mock and Brian Mock filed the lawsuit in their own right and on behalf of the Estate of Kenneth J. Mock on Aug. 19 in federal court in New Orleans. They ask for damages for physical and mental pain, suffering and discomfort, loss of wages, loss of consortium, medical and funeral expenses.

Holland America passenger airlifted off Alaska

Mon, 29 Aug 2011 08:00:00 EST

A Coast Guard helicopter medevaced a cruise ship passenger near Juneau, Alaska on the evening of Aug. 23.

A 70-year-old male passenger aboard the 625-foot Holland America ship Statendam was reportedly suffering from symptoms of congestive heart failure.

First, the patient was transported from the vessel by small boat to awaiting EMT personnel in the town of Gustavus.

He was transported to a local airport where an MH-60 Jayhawk rescue helicopter and crew deployed from Coast Guard Air Station Sitka airlifted him to Bartlett Regional Hospital for additional care.

Source: Alaska Native News

Ship hijacked after releasing armed security team

Mon, 29 Aug 2011 08:00:00 EST

M/T Fairchem Bogey
(EU NAVFOR)

Once the guards left the ship, the pirates boarded.

Somali pirates are demanding a $10 million ransom for a hijacked chemical tanker and its crew, the Somalia Report website reports.

According to the report, the Marshall Islands-flagged MT Fairchem Bogey and its 21 crewmembers were hijacked Aug. 20 in a “brazen” attack while at anchor off of the port of Salalah, Oman.

The ship had an armed guard team aboard while transiting through the Gulf of Aden en route to Al Jubail, Saudi Arabia but released the team once reaching Oman. Unprotected, the pirates took over the ship and sailed it to Somalia, where it now sits at anchor off of the town of Garacad. The crew is said to be unharmed in the wheelhouse while awaiting the arrival of a pirate negotiator.

The ship is managed by Anglo-Eastern Ship Management.

No explanation has been given as to why the security team was dropped off and the crew left to their own devices to protect themselves in vain. However, leaving crews without the protection of security guards is not uncommon, even in the deadly Indian Ocean. Some of the reasons for this include companies’ unwillingness to pay for the teams, logistical difficulties and prohibitions against entering territorial waters with firearms aboard.

Latest anti-piracy measures released

Mon, 29 Aug 2011 08:00:00 EST

Edition 4 of the Best Management Practices for Protection against Somalia Based Piracy-known as BMP 4-has been released.

The booklet provides guidance for companies, captains and crews in preparation for passage through High Risk Areas such as the Indian Ocean to detect, deter or delay a pirate attack.

BMP 4 offers new information and updates from BMP 3 which was issued in 2010, including a memory aide on how to avoid becoming a piracy victim, a company planning checklist and more guidance on deployment of Private Maritime Security Contractors.

BMP 4 is produced and supported by numerous organizations such as CMF, EUNAVFOR, INTERPOL, NATO and UKMTO.

Download BMP 4 here.

Source: Journal of Commerce

Ohio River boatyard worker killed on the job

Fri, 26 Aug 2011 08:00:00 EST

An Indiana man killed this month was the third worker death in the past 16 months at an Indiana boatyard.

Steve Duncan, 54, of Pekin, Ind. died at about 6:45 a.m. Aug. 19 while repairing a machine called a “buggy” used in the transport and support of barges.

The accident occurred at Jeffboat, which is the largest inland shipbuilder in the U.S. according to Wikipedia, located in Jeffersonville, Ind. along the Ohio River.

Duncan was killed by blunt-force trauma and asphyxiation when the buggy activated, lifted him by a hydraulic jack and then crushed him against a barge, said Clark County Coroner Edwin Coots.

Two workers fell to their deaths within a week of each other at Jeffboat in May, 2010.

Afterward, OSHA conducted safety inspections and discovered 31 violations, 20 of them serious and two of them repeats, and issued $53,155 in fines.

Jeffboat was purchased in December, 2010 from American Commercial Lines by Platinum Equity, a private investment company.

Source: Courier-Journal

Dock worker claims injury after being ordered to lift heavy box without help

Fri, 26 Aug 2011 08:00:00 EST

A deck hand/rigger who claims he suffered a serious back injury from picking up a heavy box without assistance has filed a $1.2 million lawsuit against his employer.

Theodore Corey Mitchell, plaintiff, alleges that on May 7 at the Grande Isle Dock, he was ordered to manually move the object without the aid of co-workers and without proper supervision.

The result was serious spinal injuries, his suit states.

The case was filed in New Orleans federal court on Aug. 4. Defendants Team Labor Force, ES&H and Specialized Environmental Resources are accused of negligence, improper supervision, failure to provide a safe working place and failure to make arrangements to lift the box in a safe manner.

Mitchell asks for $1.2 million for physical and mental pain and suffering, medical expenses, maintenance and cure, loss of wages and earnings capacity.

Source: Louisiana Record

Sabine Pass sues company for property damage from ship's wake

Thu, 25 Aug 2011 08:00:00 EST

Ships must slow down in some channels to prevent their wakes from damaging property. The Sabine Pass Port Authority alleges its property was damaged by one ship that failed to follow the rules.

The SPPA filed a suit Aug. 23 in Jefferson County (Tx) District Court against Gearbulk USA because its vessel Kestral Arrow allegedly failed to take steps necessary to reduce its wake, the Southeast Texas Record reported.

The date of the incident was not stated in the lawsuit.

SPPA is suing the defendant for punitive and exemplary damages for alleged gross negligence due to the vessel allegedly transiting at a high rate of speed, resulting in unspecified property damage.