Jones Act lawyer’
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...
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...
Jones Act Seamen and Injuries from Asbestos Exposure
Thursday, February 18th, 2010
The maritime industry can place workers at a high risk for exposure to asbestos. The risk of such exposure has declined since authorities awoke to the danger of asbestos, and set limitations on exposure limits. Among the workers who were most heavily exposed to asbestos were shipyard and shipbuilding industry workers.
These workers, especially those who were working in the industry before restrictions on asbestos exposure were imposed back in 80s, could be at a high risk for asbestos-related conditions, like mesothelioma. This is a cancer that affects the lining of the lungs. A person afflicted with this deadly disease...
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...
Limitations of Liability and how it Impacts Your Jones Act Claim
Thursday, February 4th, 2010
Limitation of liability is one of the ways that a maritime employer under the Jones Act can use, to limit his liability in a civil action. Simply put, Limitation of Liability allows the owner of the vessel to restrict his liability for a worker’s injuries.
The provision for such a restriction is contained in the Limitation of Liability act of 1851. The Act was meant to give American-flagged vessels an edge while competing with foreign vessels on the open seas. It was then believed that vessel owners who faced unrestricted or unlimited liability in case of maritime disasters like a...
International Maritime Organization Declares 2010 as the Year of Seafarer
Tuesday, February 2nd, 2010
The International Maritime Organization has dedicated the year 2010 as the year seafarer. In a message posted on the IMO website, E.E. Mitropoulos, Secretary General of the IMO dedicated the year to the 1.5 million seafarers, men and women, around the world, and their often underappreciated contributions to global trade and commerce.
As a maritime attorney, I was happy to note that the Secretary General’s message made mention of the extraordinary service that a seaman renders in often dangerous circumstances. The Secretary General also assured seafarers that the IMO understands the severe pressure they work under, and appreciates...
Failure to Provide Proper Life Saving Equipment can Constitute Claims of Unseaworthiness, Jones Act Negligence
Thursday, January 28th, 2010
A seaman never hopes to be in a position where he needs to use life rafts, life jackets, firefighting equipment, and myriad other life saving devices that a vessel must have. However, failure to have properly functioning life saving equipment can very often mean the difference between life and death for a seaman.
The Coast Guard last month terminated the voyages of three commercial fishing vessels off Alaska. The Coast Guard conducted an inspection of the vessels and found that one of them had expired life rafts, while other two did not have lifesaving devices at all. The vessels were...
I am a Diver. Am I Covered Under the Jones Act?
Wednesday, January 27th, 2010
Not every diver who ends up before a Jones Act lawyer will qualify for seaman status. For instance, a recreational diver will not qualify as a Jones Act seaman.
To qualify under the Jones Act, a commercial diver must pass the crucial 3-part test for Jones Act seaman status:
- He must be assigned to a dive boat that is in navigation.
- He must contribute to the dive boat’s mission or function.
- His connection to the dive boat must be substantial.
Maritime Lawyer Explains the Real Impact of an Injury
Tuesday, January 26th, 2010
Typically, when an injured worker walks into a maritime lawyer’s office, he has already been through some of the most traumatic times imaginable. He has suffered a painful and possible severe injury, and has likely undergone hospitalization for the same. He has been living on his meager maintenance allowance, and is unable to go back to work.
However, it’s important for a seaman to understand that these injuries may have a much greater impact on his life. In my practice as a maritime lawyer, I often see different maritime injury victims struggle with the same challenges, as they slowly...
