Jones Act Seaman’ Category
Cruise Ship Crews Injured from Carbon Monoxide Poisoning
Tuesday, March 9th, 2010
The negligence with which many cruise line operators treat their staff was apparent on a Celebrity cruise ship last month. At least seven of the crew members on the Celebrity Mercury cruise were injured by carbon monoxide poisoning.
The cruise ship had been docked at Baltimore when the crew members were exposed to the toxic fumes. All seven of them had to be treated at a local hospital for their symptoms. One of them suffered severe chest pains, while others suffered respiratory difficulties. There is speculation that the carbon monoxide fumes emanated as a result of some welding activities...
Court Rejects Bulgarian Worker’s Contract Claim as Not under Admiralty Jurisdiction: Maritime Attorney Summarizes Decision and Impact
Tuesday, March 9th, 2010
In another interesting decision last year which unfortunately continues to maintain confusion on the matter, a Bulgarian seaman had his contract claim rejected.
First, a little context. In 1996, a seaman sustained injuries (Kossick v United Fruit Co.) during work, and was promised orally by his employer that if he received treatment at a public hospital instead of a private clinic, then he (the employer) would be responsible if there were any consequences of inadequate of improper care. As to be expected, the inadequate care exacerbated the seaman’s’ condition. When the time came for the seaman to take action, the...
Definition of Seafarer vs. Non Seafarer Continues to be Murky: Maritime Lawyer Discusses SC Decision
Thursday, March 4th, 2010
Part of being a maritime lawyer is following up closely on the several judicial rulings and court decisions that shape maritime and admiralty law. This month and through the next, I will be looking a little closer at important decisions and rulings over the past year, that impact admiralty and maritime law cases.
The status of self employed fishermen continues to be a matter of disagreement, and the Supreme Court appears to be in no hurry to clear all the confusion around this important issue. The Supreme Court has in the past defined nonseafarers as those who are “neither seamen...
Preventing Maritime Accidents in Sabine Neches Waterway can be Tricky
Tuesday, February 23rd, 2010
Things are back to normal along the Sabine Neches Waterway more than a week after a maritime collision between a tanker and a barge resulted in a major oil spillage, and shut down the channel for several days. The accident which occurred on the 23rd of January in the 400-foot channel caused severe damage to the tanker, but fortunately, there were no maritime injuries. The local economy however, suffered financial losses as the waterway was blocked for at least four days.
The incident has brought into focus the serious risks involved in navigating vessels through the narrow channel. The Sabine...
Injured at Sea-What Do I Do Now?
Tuesday, February 23rd, 2010
If you have been injured working on a vessel at sea, it’s highly likely that you are looking at a struggle with your employer to recover your claim. Fortunately, there are simple steps you can take to enhance your chances of recovery.
- Make a list of witnesses at the scene of the accident, and note down their addresses and telephone numbers.
- Maintain all records relating to your case. This includes all your medical records, x-rays, scan reports, and MRI reports etc.
- Also,...
Maritime Workers and Injuries from Benzene Exposure
Tuesday, February 23rd, 2010
Among the many occupational hazards that a Jones Act seaman or a longshoreman faces, is exposure to benzene. This is a chemical compound with a sweet smell that also happens to be a deadly carcinogen. The use of benzene which used to be widespread earlier, has declined as awareness of its carcinogen properties has grown. However, many industries still depend on benzene, and it continues to be transported on cargo vessels, exposing workers on these vessels to its ill effects. Workers employed on an oil rig are also at a high risk for benzene exposure.
The biggest hazard from benzene...
Crewmembers Escape Injuries in Tugboat Accident in Atchafalaya River, Louisiana
Saturday, February 20th, 2010
The Coast Guard is continuing its search for a tugboat that apparently sank in the Atchafalaya River in Louisiana. Two workers escaped injuries in the accident.
The 52-foot tugboat was pushing a crane barge on the river when it struck a railroad bridge near Krotz Springs. Apparently, the bridge had been opened to allow the barge to pass through, but the tall crane hit the bridge anyway. The rear of the tugboat sank into the water. The captain of the barge swam to shore, while the deckhand stayed back on board, and was rescued later by Krotz Spring fire...
Life after a Maritime Injury- How a Lawyer can help
Thursday, February 18th, 2010
For a seaman, offshore worker or any other kind of maritime worker, the days after an injury can be traumatic. During this time, a worker may face financial turmoil and pressure by the company to settle the case.
Financial Strain
A maritime injury is almost always accompanied by financial upheaval in the worker’s family. For most workers, it is the first time they have been injured and unable to work. It is also the first time they have been unable to bring home a steady source of income to care for their families. It’s important to know that you are eligible...
Settle Quickly or Wait for your Rightful Dues? A Maritime Lawyer’s Advice
Tuesday, February 16th, 2010
As a maritime lawyer, I often find myself talking with injured maritime workers who want to know why they can’t just go ahead and accept the settlement that the company is offering them. After all, for an injured seaman who has been out of work and has bills beginning to pile up, even a 5-figure settlement might seem like a good sum.
There are a number of factors that go into defining your maritime injury claim amount. These payouts are meant to cover more than just your current medical costs and daily expenses. Take for instance, a worker who has...
Towboat Accident in Ohio Leaves Crewmember Injured
Friday, February 12th, 2010
An accident involving a 70-foot towing boat and a bridge on the Ohio River has left one towboat worker injured. According to the US Coast Guard, the towing vessel Gentry B was pushing three loaded grain barges on the Ohio River, when it struck the US 41 Day Park Highway Bridge. Investigation teams have already arrived, and are investigating the cause of the accident. One crewmember on the tow boat has been injured, and taken to the hospital.
With all the advancements in maritime technology and navigational safety, you would think that maritime collisions would be a thing of the...
