Attorney Blog

Gulf of Mexico seamen have a right to proper lifesaving equipment!

tjy@theyoungfirm.com (Blog Author)26725 — Mon, 15 Feb 2010 08:00:00 EST

Every year, seamen's lives are lost because their vessel is not adequately equipped with appropriate life-saving devices and emergency equipment.

Vessel owners are required by law to provide life-saving equipment to all seamen on the vessel in case of an emergency. In the event of a fire, a sinking or other accident that requires crewmembers to abandon ship, the lack of properly functioning life saving equipment may be a death sentence. If the vessel owner does not provide this equipment, he is guilty of negligence.

Vessel owners must provide the equipment that gives crew members a chance of survival.

• The equipment must be properly designed and in good repair.

• There must be adequate life-saving devices on the vessel for each crewmember on board.

• There must be life saving gear that fits each crew member.

• Crew members must be trained in what to do in the event of an emergency and in how to use all life-saving equipment.

• Life saving equipment must be inspected regularly to ensure it is in working condition.

Failure to provide adequate life-saving equipment that is in good repair makes the vessel owner liable if a crew member is injured or loses his life. To learn more about the responsibilities of vessel owners and how to file an unseaworthiness claim for your offshore injuries, contact the Jones Act attorneys at the New Orlean's based The Young Firm.

"Deadliest Catch" fishing boat captain Phil Harris dies

tjy@theyoungfirm.com (Blog Author)26588 — Thu, 11 Feb 2010 08:00:00 EST

The Discovery Channel has announced that fishing boat captain Phil Harris whose commercial fishing ventures were featured on the reality TV series "Deadliest Catch" has died. The show airs in 170 countries and has made the general public aware of the dangerous and icy conditions that commercial fishermen face on a daily basis.

Fifty-three year old Harris suffered a stroke in January while he was off loading his fishing vessel, the Cornelia Marie, while in port at St. Paul Island, Alaska. He was taken to an Anchorage hospital for treatment. A February 3rd posting on the Discovery Channel's web site let viewers know that Harris was recovering, but it was announced late on February 9 that he had died.

Harris had been a fisherman for 33 years and was the captain of the Cornelia Marie for 19 years. He fished for king and Opilio crab in the perilous waters of the Bering Sea between Alaska and Russia.

Harris is survived by his wife and sons Josh and Jake Harris. Josh and Jake are deckhands on the Cornelia Marie.

The maritime law and Jones Act attorneys at The Young Firm would like express our sorrow for this loss.

Harris is only one of many fishermen who risk their lives every day. If you have lost a loved one at sea, you may be entitled to compensation under DOHSA and maritime law. Contact the Young Firm to learn more.

Injured? What can you do when your company treats you unfairly?

tjy@theyoungfirm.com (Blog Author)25225 — Mon, 18 Jan 2010 08:00:00 EST

You work hard for your employer. So when you are injured offshore while on the job, you expect the company to be there for you. But, all too often, companies will do their best to avoid responsibility for the accident. They may ask you to sign away or your rights, refuse an accident report, fill out an inaccurate accident report, ask you to return to work before you’ve healed, or fire you once you’ve come back to work.

• It is unethical for the company to ask you to sign something before providing medical attention. They may do this right after the accident or while you are waiting for medical treatment. Do not sign anything unless you know exactly what you are signing. You do not want to sign away your rights for compensation.

• If you are injured in an accident, make sure an accident report is filed. And, ask for a copy.

• If you are treated by a company doctor, get a second opinion. Some medical facilities are under contract to the company. They are under pressure to keep minimize injuries and get you back to work as soon as possible.

If you have been injured while working offshore and you are not being treated fairly by your employer, send for our free book “Employee’s Guide to Maritime Injury Law.” At The Young Firm, we want to make sure that you get all the compensation that you are entitled to. Call our New Orleans office and speak to a Jones Act attorney today.

Compensation in no-fault maritime accidents: Who pays?

tjy@theyoungfirm.com (Blog Author)25134 — Sat, 16 Jan 2010 08:00:00 EST

Injured in a no-fault maritime accident? You are still eligible for compensation.

Seamen have dangerous jobs, and even if all safety precautions are taken, sometimes accidents happen. They may be due to weather or just plain bad luck, but no matter what causes an accident, when you are injured there are still bills to pay. If you’ve been injured in a no-fault accident, you may be wondering how to pay those bills. You may be wondering if you are still eligible for compensation.

Jones Act seamen are eligible for medical benefits and for maintenance and cure regardless of who was as fault for the injury. When a seaman who is covered by the Jones Act is injured on-the-job, fault does not need to be established in order to receive compensation. The employer must pay for the injuries regardless of the cause of the accident. The only exceptions would be if your injury did not occur while you were on-the-job or if you deliberately injured yourself.

Many employers will tell you they do not have to pay for your injury because they are not at fault. This is not true, and you do not have to repay these benefits.

To learn more order our free book, 6 Secrets Your Company May Not Tell You When You Get Injured Offshore. If you have any questions or need help, contact the Louisiana maritime attorneys at The Young Firm. We’re available 24-7.

Were you injured on an unseaworthy vessel?

tjy@theyoungfirm.com (Blog Author)23641 — Fri, 18 Dec 2009 08:00:00 EST

If you work on a Jones Act Vessel, the vessel’s owner has a responsibility to your safety. You are entitled to a safe place to work and live. To provide this, a vessel’s owner must maintain the vessel in seaworthy condition.

Vessels include many types of watercraft. The Supreme Court defined vessel as including “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” This definition may include barges, dredges, dry docks, off shore oil rigs and platforms, and even helicopters.

A seaworthy vessel must meet the following criteria:

• The vessel is in the appropriate condition for its intended use.

• The vessel is equipped with appropriate equipment and safety gear.

• The vessel has a competent crew.

• The vessel is a safe place to work.

• The vessel is a safe place to live.

It is the ship owner’s responsibility to maintain seaworthiness. This responsibility can not be transferred. When an unsafe condition exists on a vessel, an unseaworthiness claim can be made against the vessel’s owner.

A vessel may be considered unseaworthy if it is missing safety equipment, if the crew is poorly trained, if proper maintenance has not been done, or if any facilities need repair.

If you’ve been injured while working on an unseaworthy vessel, contact Louisiana’s Maritime Law experts at The Young Firm. Our attorneys can help you get compensation for your injuries, medical expenses, rehabilitation and therapy, lost earnings and pain and suffering.

Coast Guard requires random drug testing of 50% of crewmen in 2010

tjy@theyoungfirm.com (Blog Author)23639 — Fri, 18 Dec 2009 08:00:00 EST

The Coast Guard requires that maritime employers establish random drug testing programs for licensed crewmen. The Coast Guard recently issued its requirements for 2010. In 2010, a minimum of 50% of workers must be tested. In addition, any employee involved in a serious marine accident involving serious injury, death, collision or sinking must be tested for the presence of drugs and alcohol within two hours of the accident.

Every year, marine employers are required to collect and maintain a record of drug testing under 46 CFR 16.500. This data must be submitted to the Coat Guard by March 15 of the following year. The Coast Guard sets the testing rate based on the results of the testing from previous years.

If the positive test rate is less than 1.0 percent for two years in a row, the Coast Guard may lower the required testing rate. In 2008, the rate was 1.53%.

Maritime work is dangerous and when alcohol or drugs are involved, accidents can occur. If you’ve been injured offshore because a co-worker was under the influence of drugs or alcohol, you have rights to compensation under maritime law. Contact the New Orleans office of The Young Firm at 866-938-6113 and discuss your case with one of our experienced maritime injury lawyers.

Maersk Alabama attacked by pirates again

tjy@theyoungfirm.com (Blog Author)22206 — Sun, 22 Nov 2009 08:00:00 EST

Somali pirates attacked the Maersk Alabama for the second time in seven months. This time, however, the pirates were turned back by private guards aboard the U.S.-flagged ship who repelled the pirates with gunfire and a high-decibel noise device.

A U.S. surveillance plane monitored the cargo ship as it continued to its destination.

Last April, pirates hijacked the Maersk Alabama and took the ship’s captain, Richard Phillips, hostage. Phillips was held captive at gunpoint for five days. Navy SEAL sharpshooters freed Phillips and killed three pirates in a nighttime rescue effort.

Phillip’s ordeal alerted the American public to the real dangers of modern pirates to merchant ships operating in the Horn of Africa, one of the busiest and most dangerous sea lanes in the world. Pirate attacks have increased in recent weeks as weather in the area has improved.

The chief cook of the vessel is suing the Maersk Line Limited, the company that owns the ship, and Waterman Steamship Corp., the company that provided the crew, for ignoring requests made by the sailors to improve safety measures on the ship while it was traveling in the pirate-infested waters of the Horn of Africa last spring.

Piracy is only one of the many dangers that face sailors. If you’ve been injured while on the job, contact Louisiana’s maritime experts at The Young Firm. We know maritime law, and we can tell you if you have a case.

Two men hurt in helicopter crash – Is this covered under maritime law?

tjy@theyoungfirm.com (Blog Author)21147 — Wed, 04 Nov 2009 08:00:00 EST

A helicopter accident left two men injured when their aircraft crashed after take-off from an offshore oil platform about 75 miles from Galveston, Texas. The helicopter was headed to another offshore oil platform.

The aircraft, the pilot, and a passenger, were left in the stranded in the water. A nearby supply ship rescued the men and brought them aboard. Both men suffered severe back injuries and were transported to the University of Texas Medical Branch for treatment. Both men are currently in stable condition.

The cause of the crash is under investigation.

If you work offshore and are injured while on the job, you have rights under maritime law. For example, you may be eligible for maintenance and cure while recovering.

Maintenance is a legal term for the amount of money it costs to cover your living expenses while recovering on land. These are the expenses that your employer covered while at sea, including lodging, food and some monthly bills. Some employers have a fixed rate of maintenance, but maintenance be adequate to cover your expenses.

Cure refers to medical expenses related to the curing of your injury. This includes doctor’s bills, medication, and physical therapy, as long as the expenses relate to the injury being cured.

If the accident is caused by negligence or inadequate maintenance, an injured maritime worker, may be entitled to additional compensation under Jones Act Law. To learn more, order our free book, “An Employee’s Guide to Maritime Injury Law.”

If you are not receiving adequate maintenance and cure, or you feel your employer was responsible for your injury, contact our Jones Act attorneys at (866) 938-6113 to find out of you have a case.

Mesothelioma, a delayed risk for maritime workers

tjy@theyoungfirm.com (Blog Author)20500 — Sat, 24 Oct 2009 08:00:00 EST

Dock workers, shipyard workers and sailors on vessels built before 1980 may be at an increased risk of mesothelioma, a rare form of cancer linked to asbestos exposure. In fact, shipyard workers are one of the largest groups at-risk for developing asbestos-related disease; from 1990-1999, ship and boat building and repairing was the second highest occupational group of those dying from asbestos-related causes.

Before the risks of asbestos were recognized, asbestos was often used for its fire-retardant and heat-insulating properties. In ships, asbestos was used to insulate boilers, steam pipes, hot water pipes and nuclear reactors. Asbestos use on American ships has been regulated since 1980; however it continues to be an occupational hazard on older ships.

The risk of asbestos-related disease increases with heavier exposure and length of exposure. Yet, even a short period of high level exposure can cause damage. Symptoms may not appear for 20 or more years after exposure. Click to read more about asbestos, mesothelioma, and asbestos-related illness.

If you are a maritime worker who has been diagnosed with mesothelioma, time is of the essence. Contact the maritime injury attorneys at The Young Firm, 866-938-6113, for a free consultation about your rights. Our free book, Employees Guide to Maritime Injury Law, provides valuable advice for all injured maritime workers and answers commonly asked questions. As an injured maritime industry worker, you do have rights and we’d like to help.

What is the "Death on the High Seas Act"?

tjy@theyoungfirm.com (Blog Author)19612 — Tue, 06 Oct 2009 08:00:00 EST

The Death on the High Seas Act (DOHSA) passed in 1920 to help widows of seamen recover damages for their husband’s future earnings when deaths occurred in international waters. It now provides recovery for the death of any person that is caused by negligence or a wrongful act more than three miles from a U.S. shore. Claims may be filed by husbands, wives, parents, or children of the deceased.

Common causes for DOSHA cases include:

• Capsizing or sinking of a vessel at sea

• Fire or explosion at sea

• Inadequate maintenance or unseaworthiness

• Faulty heavy equipment

• Improper handling of cargo

• Improper training of vessel personnel

• Failure to provide prompt and/or adequate medical care in an emergency

It is important to know that claims under DOHSA can be extremely limited. Cruise ship companies and other defendants use DOHSA to their advantage to limit the damages for which they are liable. There is also a three year time limit for DOSHA suits.

Death on the High Seas Act cases and cases of wrongful maritime death can be extremely complicated. If a family member has died while at sea, there are numerous maritime laws that might be relevant. The lawyers at The Young Firm have strong backgrounds in maritime law and have successfully handled many DOHSA claims. Contact our Gulf Coast maritime lawyers at 866-938-6113 for a free consultation.

Common offshore injuries on the Gulf Coast

tjy@theyoungfirm.com (Blog Author)18936 — Fri, 25 Sep 2009 08:00:00 EST

The Gulf of Mexico is the ninth largest body of water in the world. It is bordered by five states and is of tremendous economic importance for tourism, fishing, shipping and the oil industry. This means there are thousands of American workers working in and around the Gulf of Mexico.

However, these jobs are dangerous. Many jobs involve heavy equipment, working on wet surfaces and working from heights. Injuries are inevitable. The U.S. Department of Labor that working at sea is second in injury only to logging. Unfortunately, many of these injuries are due to negligence or reckless behavior.

Common Maritime Injuries include

• Impact and fall injuries such as broken bones, cuts and contusions

• Back and neck injuries, including spinal cord injuries

• Head injuries and traumatic brain injuries

• Repetitive motion injuries

• Burns and chemical exposure

• Drowning

• Crushing injuries

• Diving injuries

Under the law, workers injured at sea are entitled to maintenance and cure. Maintenance includes the cost of lodging, food and monthly bills while you are injured. Cure refers to the medical expenses that are reasonable and related to the injury. Employers are obligated to pay this.

If you have been injured while working at sea due to negligence or you have not received adequate compensation, contact the Young Law Firm. Our lawyers are maritime law specialists. We will carefully evaluate your claim and help you get the compensation that you are legally entitled to.

Hurt on a cruise ship? Cruise ships are legally responsible for passenger safety.

tjy@theyoungfirm.com (Blog Author)18935 — Fri, 25 Sep 2009 08:00:00 EST

Cruise ships are meant to float us away from stresses of our everyday lives. They magically transport us and thousands of others to beautiful destinations. And on the way, cruises offer everything from rock walls and swimming pools to spas and night clubs. They are floating cities designed for fun and relaxation.

But, just as in mainland cities, there are dangers on cruise ships.

.
Common Cruise Ship Hazards

• Assault by crew members or other passengers

• Food poisoning

• Sexual assault

• Slips and falls

• Trips and falls

• Water injuries

• Fire

• Illness

• Medical malpractice

Fortunately, cruise ships are regulated by maritime law and must follow regulations designed to protect the safety, security and health of passengers. If you are injured on a cruise ship, alert the crew and see a doctor right away. You should request copies of the incident report and all medical reports.

If the ship is more than three miles out to sea, cruise ship passengers are also protected under maritime law. But, there are limitations. Often, liability is limited to a very short time period following a cruise. Because the laws at sea are different from those on land, they require a lawyer with expertise in maritime law.

The attorneys at the Young Firm are experts on maritime law. If you have suffered because of negligence or safety violations while on a cruise, contact the attorneys at the The Young Firm to discuss your case.< /div>

Jones Act seamen injured offshore are eligible for maintenance and cure

tjy@theyoungfirm.com (Blog Author)17768 — Mon, 31 Aug 2009 08:00:00 EST

If you’ve been injured in an offshore accident and are unable to work because of your injuries, your employer could owe you for “maintenance and cure”. This is the money that your employer is supposed to pay you after an accident so that you can pay your living expenses and medical bills until you are able to return for work.

Maintenance – the money given to injured seamen so they can pay bills and living expenses – typically isn’t very much money. Some companies believe that $15 to $30 a day is adequate, but depending on your situation this may not be enough to cover your expenses.

Many working Jones Act seamen have bills like rent, a mortgage, utilities, transportation costs, and food to pay for – all of which would need to be covered by the maintenance compensation if they become incapacitated because of a workplace accident. If the amount their employer offers them for maintenance isn’t adequate, they may have to involve an attorney to get what they need to survive.

Cure is the money give to injured Jones Act seamen so they can pay for medical bills resulting from their injuries. Your employer is required to pay you for reasonable medical care until your condition is not likely to improve further – a point that your employer and your doctor may disagree on.

Do you have questions about an offshore injury that you sustained on a vessel or questions about maintenance and cure? Please don’t hesitate to contact the experienced maritime law and Jones Act lawyers at The Young Firm to discuss your situation.

Two ships collide, crew feared dead - the dangers facing mariners on busy waters

tjy@theyoungfirm.com (Blog Author)17419 — Tue, 25 Aug 2009 08:00:00 EST

A serious offshore accident in the Straits of Malacca highlights the dangers that maritime workers face when operating a vessel in busy waterways, either in US or international waters.

On August 18 a tanker carrying naphtha, a flammable light petroleum product, collided with a bulk carrier while navigating through the strait. The crash caused the tanker to catch fire, and nine missing crew members are thought to have perished in the blaze.

Sixteen other crew members were rescued by the Malaysian Maritime Enforcement Agency, but rescuers have given up hope that they will find the remaining crew alive. So far two dead bodies have been recovered.

What happened in this case? Why did two large vessels collide with one another in a well-traveled body of water? Maritime accident experts are investigating the case, trying to determine what caused the two ships to crash.

If you or someone you know is hurt in a maritime accident, it is important that you know you have rights. Don’t let your employer, the vessel owner, their insurance company, or their lawyers push you around. Sadly, many companies seem all too willing to put profits before people – but this doesn’t have to happen to you.

Want to find out how to protect yourself? Please order our FREE book “Employee’s Guide to Maritime Injury Law” – that’s right, it is completely free – so you can arm yourself with the facts.

Looking for a Jones Act / Maritime Law attorney?

tjy@theyoungfirm.com (Blog Author)16210 — Fri, 31 Jul 2009 08:00:00 EST

If you’ve been injured offshore, you face not only a long recovery from your injuries and an uncertain future, but you also bear the burden of medical bills, rehabilitation costs, lost income, and basic problems like how to pay for your living expenses.

This is enough to worry about without the pressure of having to hire a lawyer to stand up for your rights. Unfortunately, if you want to be taken seriously by your employer and get the compensation you deserve after an offshore or maritime injury, you need good, experienced legal help.

The number one thing you need to look for in a maritime lawyer is experience. You will do yourself no favors if you hire a nice attorney who hasn’t handled a good number and variety of maritime / Jones Act cases.

Why does this matter? Maritime cases are governed by a murky, confusing, and convoluted set of laws that can trip up inexperienced attorneys. A good lawyer with years of experience and an impressive, proven record of successful Jones Act cases is your best bet if you want to secure a reasonable recovery.

You can read more about the qualities you want for your maritime / Jones Act lawyer in our law library article “5 Qualities Your Jones Act Maritime Lawyer Must Have”. Trust us, this is one article that you want to read before hiring an attorney.

Will sour economy affect longshoremen's jobs – and safety?

tjy@theyoungfirm.com (Blog Author)15905 — Mon, 27 Jul 2009 08:00:00 EST

Members of the International Longshoremen’s Association (ILA) are stunned to find themselves hurting in this economy. Traditionally considered a business that was recession proof, the world economic slowdown is taking its toll on offshore workers across the globe.

Usually economic woes in the United States are not an issue for longshoremen. When exports drop, usually imports pick up as Americans seek cheaper goods. When things turn around and imports drop, exports usually rise. In this economy both imports and exports are down, hurting shipping companies and longshoremen.

Some ship workers are seeing work hours drop by as much as a quarter, and others are facing sporadic work or layoffs. Veteran longshoremen tend to fare better and are often offered first pick of available jobs, while less experienced longshoremen struggle to work enough hours to make ends meet.

A number used to measure the price to move materials by sea called the Baltic Dry Index reached a record high in May of 2008. However, in December 2008 the index had dropped to its lowest point since 1986. Not only are there fewer ships sailing, but they also contain fewer goods so it is taking less time to unload the ones that do arrive.

The concern in a down economy is always that employers will be less careful about safety and employees – wary of biting the hand that feeds them – won’t be as forthcoming about reporting accidents, injuries, and unsafe working conditions. In an attempt to safeguard dwindling profits, employers may also be more aggressive in fighting Jones Act and maritime law cases.

New law allows punitive damages under maintenance and cure

tjy@theyoungfirm.com (Blog Author)15499 — Sat, 18 Jul 2009 08:00:00 EST

BREAKING NEW LAW! The United States Supreme Court recently held (June 2009) that punitive damages may be awarded against an employer for arbitrary denial or failure to pay maintenance or cure benefits. This was actually the law back prior to approximately 1993 when a Federal Court of Appeal held that punitive damages were not available. For the last 16 years we have seen dozens and dozens of clients have their medical treatment denied by their employers, mainly because there was no penalty available if the employer wrongfully denied benefits. Finally the law has been re-defined to help the employee-- this is a much needed change.
If your employer is refusing to pay maintenance or cure, call us today. This new law can help your claim!

tjy@theyoungfirm.com (Blog Author)10621 — Sat, 04 Apr 2009 08:00:00 EST

If you have been injured working offshore or on the Mississippi River, you must read one of the most important articles concerning your maritime and Jones Act claim. We have posted the 9 most important things for you to do to protect your rights. Click here to protect your rights!

Longshoreman's death is terminal's 17th safety violation in 5 years

tjy@theyoungfirm.com (News Author)13342 — Wed, 10 Mar 2010 08:00:00 EST

The Virginia Port Authority’s terminal operator received its 17th safety violation in five years after the December death of a longshoreman.

Since January 1, 2005 Virginia International Terminals, Inc. had been cited 16 times by U.S. Occupational Safety and Health Administration (OSHA) officials. The death of dock foreman David B. Weiland resulted in the 17th citation.

Weiland was killed when a machine used to move shipping containers struck a 105-foot light pole which fell and crushed his car. The employee operating the vehicle that hit the light pole had been involved in four incidents in which objects were struck. Although none of these incidents involved personal injury, regulations require that operators of industrial trucks who are involved in accidents or near-miss accidents receive refresher training. OSHA found that the employee had not received that training.

Eleven of the 17 OSHA violations were classified as “serious”. This means that OSHA believed that there was a “substantial probability that death or serious physical harm could result and where the employer knew, or should have known, of the hazard.” When an employer knows of possible harm to employees, but does not rectify the situation, the employer can be found negligent.

Weiland’s death was the sixth employee death at the terminal in those five years.

When a longshoreman or dockworker is injured or dies because of an employer’s negligence, he and his family have rights. Contact the maritime law attorneys at The Young Firm to learn more.

Gulf of Mexico oil platform faces federal scrutiny

tjy@theyoungfirm.com (News Author)13228 — Tue, 02 Mar 2010 08:00:00 EST

Nineteen Democrats from the U.S. House of Representatives are asking the Mineral Management Service (MMS) to investigate whether British Petroleum PLC (BP) has the engineering documents required to safely operate its Atlantis oil and gas platform.

The Atlantis platform is the deepest moored semi-submersible floating oil and gas production facility in the world. It is located 190 miles south of New Orleans in the Gulf of Mexico.

Representative Raul Grijalva (D-Arizona), who chairs the House Natural Resources subcommittee that oversees public lands, led the group that reported a whistle-blower had notified MMS in March 2009 that he believed BP did not have the required engineer-approved drawings for the Atlantis sub-sea components.

A review of BP’s database from that time showed that more than 90 percent of the required documents may not have been approved by a professional engineer. A BP internal document also indicated that BP was using incomplete or inaccurate documents.

If the platform is operating without these documents, the lawmakers wrote “(it would) increase the risk of catastrophic accident that would threaten not only the workers on the platform, but also the Gulf of Mexico and the communities that depend on the resources it provides.”

A BP spokesperson said the company has complied with MMS regulations. MMS will investigate.

When big companies are negligent, workers are put at risk. If you have been injured while working offshore, you have rights under maritime law. Contact The Young Firm at 868-938-6113 for more information.

Yacht company agrees to pay damages in to family of capsizing victim

tjy@theyoungfirm.com (News Author)13290 — Tue, 02 Mar 2010 08:00:00 EST

Cape Fear Yacht Works, a yacht building company based in Galveston, Texas has agreed to pay damages to the family of a man killed when a sailing ship capsized during a regatta.

Fifty-three-year-old Roger Stone was a member of the Texas A&M University-Galveston Sea Aggie sailing team. The team was competing in the Regatta de Amigos on their vessel, the 38-foot long “Cynthia Woods”. On June 26, 2008, the “Cynthia Woods” and 25 other sailboats embarked on the 700-mile journey from Galveston, TX to Vera Cruz, Mexico.

During the voyage, the sailboats 5,000 pound lead keel broke apart from the hull and fell into the Gulf of Mexico. The damage caused the boat to capsize and sink. Stone was killed. The five other teammates, including two student sailors that stone had helped off he boat, spent 26 hours adrift in the Gulf before they were rescued by the Coast Guard.

The vessel was a gift to Texas A&M from Galveston billionaire and philanthropist George P. Mitchell. Mitchell’s son is the owner of Cape Fear Yacht Works which manufactured the sailing ship in 2005.

The maritime lawsuit filed by Linda Stone accused Cape Fear Yacht Works and boat designer Bruce Marek with failure in proper design and manufacture. Cape Fear Yacht Works will pay the widow and children of Roger Stone $375,000 a year for the next three years.

Oil rig or gas pipeline worker rated "worst" job in the U.S.

tjy@theyoungfirm.com (News Author)12948 — Sun, 21 Feb 2010 08:00:00 EST

A recent story in Forbes Magazine rated oil rig and gas pipeline workers as having the worst job in America for 2010. Surprised? In Louisiana and around the Gulf of Mexico, working for the oil companies is considered a good job.

Forbes and CareerCast, an employment web site, rated 200 occupations using five criteria: pay, hiring outlook, work environment, stress, and physical demands. They used data from the U.S. Bureau of Labor and Statistics, the Census Bureau and trade association studies.

So what makes oil rig or gas pipeline worker the worst job in America? It is the danger that workers face.

Oil rig workers work 12 or more hours a day. They operate or fix heavy machinery, navigate slippery surfaces, endure extreme weather conditions, and travel from platform to platform on rough seas. Many employees are young and inexperienced and may not have had adequate safety training. These factors add up to a stressful environment where injury is likely to occur.

Given these conditions, it is no surprise that oil rig and gas pipeline workers have high injury and fatality rates. Common types of accidents include: slips and falls, machinery accidents, explosions, fire, falling objects, exposure to hazardous chemicals and vessel accidents. These accidents can lead to injuries ranging from broken bones and burns to brain injuries and spinal cord injuries to even death.

Oil rig and gas pipeline workers who are injured on the job have rights under maritime law. Call The Young Firm to learn more

Crewman dies in Houston tugboat accident

tjy@theyoungfirm.com (News Author)12829 — Fri, 12 Feb 2010 08:00:00 EST

Four miles of the Houston Ship Channel remain closed after the 56-foot tug boat, the J.R. Nichols sank on Wednesday evening.

The tugboat sank around 10:30 pm on February 10 in the Houston Ship Channel near the Sims Bayou Turning Basin. Five seamen were aboard when the vessel sank. Four were rescued and treated for hypothermia. The body of the fifth crewmember was recovered on Thursday by TNT salvage company divers. His name has not been released.

The waterway was closed from the dock at Vopack in Galena Park to Sims Bayou, the upper stretch of the ship channel near the 610 bridge, for clean up and recovery efforts. The tug had over 10,000 gallons of diesel fuel onboard. Approximately 1,000 gallons of diesel were spilled.

The cause of the sinking is under investigation. The Coast Guard plans to raise the ship as soon as weather allows.

Seamen who are injured while on the job are entitled to compensation under Jones Act Law if they can prove that their accident was caused by negligence. An attorney who specializes in the Jones Act and maritime law can help. The New Orleans based maritime attorneys at The Young Firm represent injured seamen from Louisiana, Mississippi, Alabama, Arkansas and Texas and workers who have been injured in the Gulf of Mexico and the Mississippi River.

Injured Port Arthur barge workers sue tanker owner after collision

tjy@theyoungfirm.com (News Author)12688 — Mon, 08 Feb 2010 08:00:00 EST

Three men are suing the owners of the crude oil tanker M/V Eagle Otome for injuries they sustained after the tanker hit the barge they were working on.

The collision occurred on January 23, 2010 in the Port Arthur ship channel. The Eagle Otome veered out of control and pushed into the barge as it was being pushed by a tugboat near the Port of Port Arthur. The Eagle Otome was carrying 570,000 barrels of high sulfur Venezuelan crude oil to the Exxon Mobil oil refinery. Approximately 450,000 gallons of crude oil spilled into the waterway and dangerous hydrogen sulfate fumes were released. The neighborhoods near the Port were evacuated because of the fumes.

Barge workers Eric Delahoussaye, Gerald Dwyer and Timothy Jacquet of Port Arthur have filed a suit claiming they were injured in the accident. Delahoussaye and Dwyer susteained severe and permanent injuries to their backs and necks and also suffered from the exposure to and inhalation of hydrogen sulfate. Jacquet suffered severe and permanent injuries to his back and pelvis as well as exposure to and inhalation of hydrogen sulfate. The men are asking for compensation for medical costs, lost wages, physical incapacity and disability and loss of enjoyment of life among other damages.

The maritime lawsuit accuses American Eagle Tankers, the owners of the Eagle Otome, for causing the accident with negligence and gross negligence. The men are seeking $15 million in damages.

Every day, 150 barges and 15 tankers pass through the waterway.

Family of Port Arthur worker sues over asbestos death

tjy@theyoungfirm.com (News Author)12687 — Sat, 06 Feb 2010 08:00:00 EST

The surviving family of a deceased Port Arthur employee have filed suit against Chevron saying the man’s death was caused by exposure to asbestos while he worked at the company.

Shelton J, Fontenot worked for Gulf Oil Corporation as a pipefitter helper, insulator trainee and mechanic at its Port Arthur facility. Fontenont died from pulmonary asbestosis and lung cancer on june 29th.

The suit alleges that Chevron knew of the dangers of asbestos, and still allowed its employees do work with asbestos containing material without warning of the dangers and without taking necessary precautions. The suit seeks exemplary and punitive damages, plus interest, costs and other relief.

Port workers and ship yard workers are at high risk for asbestos injury. Before the late 1970’s, any vessel that held flammable material was well insulated with asbestos. Workers in the boiler rooms of ships constructed prior to 1976 may still come in contact with the material as may shipyard workers who perform repairs on these vessels. Unfortunately, there are no early warning signs and symptoms of asbestos diseases such as asbestosis, pleural disease and mesothelioma may not occur until more than twenty years after exposure.

Maritime workers and families of maritime workers who have been diagnosed with asbestos caused disease may be eligible for compensation under the Jones Act or the Longshore and Harbor Workers Compensation Act.

Lawsuit filed after exposed wire electrocutes harbor worker

tjy@theyoungfirm.com (News Author)12582 — Tue, 02 Feb 2010 08:00:00 EST

Nicholas Boudreaux, a Louisiana ship yard worker, has filed a lawsuit against Conrad Industries, Inc. alleging a breach of General Maritime Law and the Longshore and Harbor Worker’s Compensation Act.

Boudreaux was an employee of Superior Energies in late 2007 when he was injured while working aboard a ferry that was docked at a Conrad Industries ship yard in Morgan City, Louisiana. Conrad Industries had hired Superior Energies to install insulation on the boat.

Boudreaux was installing insulation when he reached into an overhead area and his hand came into contact with a wire running from the ship’s generator to an overhead light. The insulation around the wiring had been removed, allegedly by the defendant.

Boudreaux suffered a ruptured disc because of the accident and is still undergoing treatment.

The lawsuit accuse Conrad Industries of negligence and states that the company failed to provide a safe place to work, failed to inspect the electrical wiring on the vessel, failed to repair existing wiring after damaging it, and failed to coordinate the repair work occurring on the ship so that the electrical wiring was repaired prior to the installation of insulation.

Boudreaux is seeking damages for his physical impairment, pain, suffering, mental anguish, medical expenses, loss of income and pre- and post-judgment interest.

Injured seaman sues towing company

tjy@theyoungfirm.com (News Author)12315 — Tue, 19 Jan 2010 08:00:00 EST

Seaman Paul E. Parfait has filed suit against Danielle Marine Towing and Lorris G. Towing II Corporation of Cutoff, Louisiana, alleging that he was injured due to the unseaworthiness of the vessel on which he was working.

The seaman was working on the Luke Guidry Jr., a towboat that operates between Louisiana and Texas. He was performing his regular duties when he was injured on April 13, 2009. The lawsuit does not describe the injury, but alleges that Mr. Parfait suffered physical pain and mental anguish and incurred lost wages because of the incident. He also incurred medical costs, suffered a physical impairment and lost his ability to perform household services.

The complaint also states that Danielle Marine Towing and Lorris G. Towing II Corporation were supposed to provide maintenance and cure for Parfait’s injuries, but have denied payments. Parfait is seeking actual, exemplary and punitive damages, as well as pre- and post- judgment interest, costs and other relief to which he is entitled.

Under general maritime law, the owners of a vessel are required to maintain the vessels seaworthiness. A vessel may be considered unseaworthy if there is unsafe condition aboard the vessel. If this condition causes the seaman injury, the owner of the vessel is liable.

Worker dies in oil platform fire

tjy@theyoungfirm.com (News Author)12217 — Thu, 14 Jan 2010 08:00:00 EST

Production halted after a fire broke out aboard Apache Corporation’s East Cameron 2 oil and natural gas platform. The fire left one contract worker dead.

The incident occurred at about 1:30 am on Wednesday, January 13. The processing platform is located two miles off Cameron Parish in south Louisiana. There were three workers aboard the platform at the time.

All three were rescued by a commercial vessel working in the area; however, 34-year-old Frank Richard of Mowata, Louisiana died after being transported to an area hospital. The other two men were treated and released.

The men were employees of Island Operating Company. The company, based in Lafayette, Louisiana, runs facilities for Apache and other energy companies operating in the Gulf of Mexico.

The U.S. Coast Guard and Louisiana State Police are working with Apache to assess the damage at the site. The cause of the fire has not been determined.

The Cameron 2 Processing platform processes about 7.7 million cubic feet of gas and 850 barrels of oil each day. It is one of over 4,000 oil and natural gas platforms in the Gulf of Mexico.

In 2008, eleven workers died on offshore platforms. Those who work offshore are protected by the Jones Act and other maritime laws. Contact the New Orleans maritime attorneys at The Young Firm to learn more.

Port closed after containers of explosive material punctured

tjy@theyoungfirm.com (News Author)12220 — Tue, 12 Jan 2010 08:00:00 EST

Although a hazardous materials spill at the port in Morehead City, North Carolina was contained, officials closed the port and recommended evacuation of the downtown area.

According to the U.S. Coast Guard, the incident occurred in the early morning of January 12. A forklift unloading a vessel punctured containers containing the compound pentaerythritol tetranitrate (PETN). PETN is used as an explosive by the military and has industrial and medical applications.

There were no injuries or damage to the environment. The mayor of Morehead City advised residents to evacuate west or to stay home and keep windows and doors closed. A 300-yard safety zone was established around the port.

Dockworkers handle a variety of explosive and toxic materials. Their safety depend on proper training, good safety equipment, the actions of co-workers, and the maintenance of the facility. If something goes wrong, their lives are put at risk.

Dockworkers may also experience health problems due to long term exposure to asbestos or lead.

If you are a dockworker and have been injured by a dangerous chemical or if you are experiencing health problems because you were exposed to toxic chemicals, you may be eligible for damages under the Longshore and Harbor Workers Act. An attorney experienced in maritime law can best advise you on how to get fair compensation. Contact New Orleans’ maritime law specialists at The Young Firm for more information.

Tank ruptures on U.S. tanker ship

tjy@theyoungfirm.com (News Author)12230 — Sun, 10 Jan 2010 08:00:00 EST

The Coast Guard evacuated Brooklyn’s Gravesend Bay after a pressurized tank burst on a tanker ship carrying thousands of gallons of ethanol.

The explosion occurred around 9am on January 10, 2010. The crew was offloading 55,000 gallons of ethanol when the over-pressurized tank burst and part of the ship’s deck collapsed. There were 18 workers aboard the Sichem Defiance, a 443-foot tanker owned by the Indian Company Eitsen Chemical, at the time of the incident. No one was injured and no ethanol was spilled into the water.

The Coast Guard cleared out a 1,000-yard area around the ship as a precautionary measure.

Seamen do dangerous work. Some of the most dangerous chemicals in the world are carried on ships that unload in the ports near New Orleans. These chemicals may be toxic or explosive, and if safety precautions aren’t taken, workers can be injured.

It is a vessel owners responsibility to ensure safe working conditions. This means, the ship must be seaworthy, there must be appropriate and adequate safety equipment, and workers must receive the training needed to do their job safely. If conditions are not safe, the vessel-owner is at fault.

If you’ve been injured while working at sea, you have rights. You may be eligible for compensation under Jones Act Law or under general maritime law. To learn more contact the maritime injury attorneys at The Young Firm.

Tugboat worker crushed by mooring lines

tjy@theyoungfirm.com (News Author)12066 — Fri, 01 Jan 2010 08:00:00 EST

A tugboat worker lost his life in an accident on the Hackensack River on Sunday, December 27, 2009.

Fifty-year-old Richard Young of Queens, New York was crushed to death while working on board a Moran Towing Corporation tugboat, the Turecamo Girls. He became entangled in the mooring lines, or hawsers, that were being used to tow another vessel.

Young was adjusting the lines at the rear of the boat when the accident happened. A shipmate went back to check on him and found Young tangled in the lines. Crew members of the Turecamo Girls attempted to provide first aid, but Young could not be revived. The accident is under investigation.

Like many seamen, tugboat workers are at high risk for injury and death. Not only do they have to worry about slippery decks and falling overboard, but mooring lines are a constant danger. When used for towing, mooring lines are under large amounts of strain; if they snap, limbs can be broken, crushed or torn off. When there is enough tension, they can even kill a seaman.

Tugboat workers and other maritime workers are protected under federal maritime law and the Jones Act. If a Jones Act seaman is injured or killed while on the job, they or their family may be eligible for compensation. For more information, contact a Louisiana maritime injury lawyer at The Young Firm.

Keel of USS Somerset is dedicated in honor of Flight 93

tjy@theyoungfirm.com (News Author)11763 — Sat, 12 Dec 2009 08:00:00 EST

A living memorial to those who died on Flight 93 on September 11, 2001 is being built right here in Louisiana. The USS Somerset is a San-Antonio Class amphibious transport dock that will carry 699 Marines and the equipment they need to fight terrorism and provide humanitarian aid around the world. The ship is named for Somerset County, Pennsylvania, the site of the September 11 crash.

The keel was dedicated in a ceremony in Avondale on December 11, 2009. A plaque in the shape of Somerset County was inscribed by Mary Jo Myers, the ships sponsor and the wife of former chairman of the Joint Chiefs of Staff, General Richard Myers.

The stemhold for the USS Somerset is poured from recycled steel salvaged from two large cranes from the reclaimed strip mine where Flight 93 crashed near Shanksville.

The USS Somerset is being built in ship yards outside New Orleans. She is the third in a group of San Antonio Class ships to be dedicated to the victims and events of September 11, 2001. The USS New York honors World Trade Center victims and the USS Arlington is dedicated to the memory of those lost in the Pentagon. All three ships were built by Northrop Grumman’s Gulf Coast operations.

The christening and launch are planned for 2011.

The maritime law and Jones Act attorneys at The Young Firm wish the USS Somerset smooth sailing.

Passengers injured when tour boat collides with Coast Guard vessel

tjy@theyoungfirm.com (News Author)11681 — Fri, 11 Dec 2009 08:00:00 EST

Federal investigators are looking into a boat crash in Charleston, SC.

The crash occurred on Saturday, December 5 at approximately 8:21 pm. The Thriller, a 43 passenger tour boat, was traveling at approximately 25 miles per hour just south of the Cooper River Bridge in the Charleston Harbor Marina at the time of the accident. Passengers began shouting and pointing as two Coast Guard boats headed towards them. It appeared that the Coast Guard vessels did not see the Thriller.

The captain of the Thriller turned the tour boat exposing the right side to the Coast Guard boats. One boat managed to avoid collision. The other, a small 25-foot Coast Guard boat, hit near the third row of passengers.

Twenty-four passengers were onboard. The crew of a 41-foot Coast Guard utility boat evacuated the passengers and took them to Charleston Harbor Marina for medical care. Emergency medical personnel examined each passenger for injuries. Four passengers sustained injuries. Details about the injuries were not released.

The Coast Guard vessels were not damaged, but the Thriller sustained moderate damage above the water line.

Both the Coast Guard and the National Transportation Safety Board are investigating the collision. The Coast Guard boat had just been released from security escort, and was on its way back to Charleston Harbor when the accident occurred.

The Thriller is an offshore tour-boat that is part of Thriller Tours of Charleston. It operates out of Ripley Light Marina and is owned by Pegasus Charters.

Pirates hijack $20 million of New Orleans bound oil

tjy@theyoungfirm.com (News Author)11642 — Tue, 08 Dec 2009 08:00:00 EST

The Greek-flagged tanker, the Maran Centaurus, was hijacked by Somali pirates about 800 miles off the coast of Somalia. The tanker is carrying about 275,000 metric tons of crude oil worth just over $20 million.

More than half of the world’s oil supply is carried on huge oil tankers. Eight percent of global oil shipments travel through the narrow, pirate-infested Gulf of Aden that passes through the Red Sea to the Suez Canal. Another five percent of oil shipments are routed down the east African coast and around South Africa’s Cape of Good Hope. The Maran Centaurus was headed along this route on its way from Saudi Arabia to New Orleans.

Protecting huge oil tankers is difficult as they often travel at slower speeds. The Maran Centaurus was traveling at approximately 11 knots when it was attacked. Most hijackings occur on ships traveling at speeds less than 20 knots.

In addition, guns are not allowed on the decks of oil tankers. Because oil is so flammable, there is a high risk of fire or explosion. An accident or gun fire could lead to an oil spill that would devastate thousands of miles of ocean and coastline. Expenses and legal issues rule out armed escorts on separate ships.

The 28 crew members were uninjured in the attack.

Pirates are currently holding more than a dozen vessels and 200 crew hostage.

Last month, the crew of the American freighter, the Maersk Alabama, repelled pirates in their second pirate attack.

Over one hundred killed in Bangladesh ferry accidents

tjy@theyoungfirm.com (News Author)11641 — Fri, 04 Dec 2009 08:00:00 EST

A river fairy capsized and sunk in Bangladesh killing at least 46 passengers. Half the victims were children and many of the rest were women.

The boat was traveling on the foggy Daira River when it collided with another vessel while going around a bend. The accident occurred about 62 miles north of the Bangladesh capital, Dhaka.

Rescue operations are currently underway. The overcrowded boat was carrying over 80 passengers and it is expected that the death toll will rise.

Ferry accidents are not uncommon on Bangladesh rivers. Last week, an overcrowded ferry sank in southern Bangladesh killing more than 80 passengers after capsizing in a river in the Bhola District. The ferry was carrying over 1,500 people – three times its registered capacity. The over laden ferry hit a raised section of river bed and began taking in water.

Rescue operations are also underway for dozens of passengers involved in a ferry accident in Egypt. At least six passengers were seriously injured, and three are dead. Recent accidents have also occurred in Indonesia, the Philippines, and Tonga.

Ferry accidents occur in the United States as well. Last July, fifteen passengers were injured when a New York City ferry crashed into a pier.

Boating accident victim awarded $3.2 million for brain injury

tjy@theyoungfirm.com (News Author)11609 — Tue, 01 Dec 2009 08:00:00 EST

An appellate court has upheld a $3.2 million maritime law judgment awarded to an Omaha man who suffered severe brain injury after going overboard in a Cayman Island boating accident in 2003. The award covers the man’s medical bills, lost income, and on-going care.

The man, Daniel Doyle, who was 49-years-old at the time, was thrown off a 70-horsepower, 14-foot long inflatable boat when it suddenly veered as the driver powered it up to speed in the Caribbean Sea. The boat circled, and then it hit Doyle on the head and fractured 11 ribs on his right side.

The brain injury did not occur from the hit to the head, but rather from the broken ribs. The fractured ribs caused a caved-in chest which cut off the oxygen supply to Doyle’s brain.

Because of the brain injury, Doyle, a former mechanical engineer, is no longer able to work. He is coherent and aware of what is going on around him, but now requires extensive, constant care.

Leland Graske, a friend of Doyle’s, was the driver of the boat. He is currently seeking damages from the mechanic who did work on the steering wheel of the boat only days before the accident. The veer that caused the accident came after a nut and bolt in the steering linkage came loose.

Doyle’s wife, Anne, was awarded $750,000 for the loss of her husband’s comfort and companionship.

Speed and human error caused Houma barge crash

tjy@theyoungfirm.com (News Author)11233 — Tue, 10 Nov 2009 08:00:00 EST

On October 21, 2009 a barge crashed into the downtown marina in Houma, Alabama causing significant damage to both the bulkhead of the barge and the marina’s bayou overlook.

The barge was being pulled by two tugboats. It was headed toward the Main Street and Park Avenue twin span bridges when the barge hit a group of metal pilings on the east Houma side of the Gulf Intracoastal Waterway. The impact caused the barge to swerve and hit a similar group of pilings and the marina overlook on the other side of the waterway. The cost of repairs will be between $150,000 and $175,000; the damage will be covered by Marquette Transportation, the tugboat’s insurance company.

Lt. Jason Boyer of the Coast Guard reported that the barge was traveling at 3 ½ knots (approximately 4 miles per hour). This speed was too fast to successfully and safely navigate the bridges. He also said that the barge was off center as it was tugged through the waterways. Because of the speed, position and small maneuvering space, it was impossible to prevent further damage once the first group of pilings was hit. The accident is being blamed on human error. The Coast Guard does not plan to take actions.

On the next day, October 22, a barge broke free from a tow and slammed into the U.S. 80 and Interstate 20 bridge supports on the Mississippi River. Only a week earlier, a man fell off a barge and into the Chesapeake Bay.

Tugboat sinks in Mobile Bay

tjy@theyoungfirm.com (News Author)11234 — Tue, 10 Nov 2009 08:00:00 EST

A 70-foot long tugboat, The Capt. Larry Barkins, sank in Mobile Bay off Mobile, Alabama in the predawn hours of October 31, 2009. The crew of four was left stranded.

A helicopter flown by the Coast Guard located and retrieved the three crew members who had stayed with the sinking tugboat. The search continued for a fourth man who was presumed missing. However, he was able to make it to shore on a 14-foot skiff. He alerted the local fire department that he was safe and the search was called off.

Fortunately, all crewmembers were uninjured.

The cause of the accident is still under investigation.

Working on or near the water can be deadly. Danger is an everyday part of the job; therefore, proper maintenance and a safe working environment are essential.

If you are injured in an accident or hurt at sea while working on a tugboat, barge, fishing boat, or other vessel, you are covered by the Jones Act. However, getting the compensation you are entitled to, is not always simple. To learn more, request our free book, “Six Secrets Your Company May Not Tell You When You Get Injured Offshore.”

Search for missing barge worker suspended

tjy@theyoungfirm.com (News Author)11232 — Fri, 06 Nov 2009 08:00:00 EST

The U.S. Coast Guard has suspended its search for Gregory Luckett, the man reported missing in the Chesapeake Bay on Thursday night, November 5, 2009.

Forty-nine year old, Luckett was returning from a work site when he fell off the back of a 25-foot construction barge. Luckett was a resident of Pasadena, Maryland.

The 41-foot utility boat crew from the Coast Guard was joined in the search by Maryland National Resources Police, Anne Arundel Fire Rescue, Maryland State Police, an Anne Arundel County Helicopter and two rescue helicopter crews from the Atlantic City, New Jersey based Coast Guard Air Station.

The rescue workers searched through the night covering almost 60 nautical miles of the Chesapeake Bay. They returned on Friday at dawn to continue the search. After an exhaustive search, they were unable to find the missing man. The search was suspended.

At this time of year, hypothermia is a real risk for those who fall in the water. At 60-70 degrees, a person can only survive from 2-7 hours. The Coast Guard is working to educate local mariners about hypothermia and the dangers of cold water.

The events leading to Mr. Luckett’s fall are currently under investigation.

Sinking of Lady Mary may have been hit-and-run

tjy@theyoungfirm.com (News Author)11186 — Wed, 04 Nov 2009 08:00:00 EST

New evidence shows that the Lady Mary, a scallop trawler that sank of the coast of New Jersey, might have been hit by another vessel.

The ship sank on March 25, 2009. The investigation resumed this week. It had been suspended while a volunteer team of divers gathered evidence from the wreckage. The findings were recently revealed at a Coast Guard hearing

The hearing board reviewed more than an hour of video and photograph images taken by divers over the summer. The images revealed significant damage to the port side stern including crushing and a six-inch gash in the heavy steel panels. The rudder was also damaged. The beige rudder had a red paint scrape on it which suggests contact with another vessel. Parts of the ship are being examined in the National Transportation Board laboratory.

There were seven men aboard the Lady Mary. The sole survivor, Jose Luis Aria, described being woken by another crew member and grabbing his survival suit. He did not know what caused the sinking.

Investigators brought up an April 14 incident involving the Maine-based scallop trawler, Dictator. The crew of the dictator was almost run down by a 965-foot container ship. Fortunately, first mate Todd Curtis spied the ship and turned the boat just in time and the ship was spared.

If you have lost a loved one to the sea, you may be eligible for compensation under maritime law. Our Jones Act attorneys can help.

Accident on Mexican Oil Rig Kills 18

tjy@theyoungfirm.com (News Author)11377 — Sun, 01 Nov 2009 08:00:00 EST

Whether you work in Louisiana, or in Mexico, working on an off-shore oil rig can be dangerous. An accident last month in Mexican waters demonstrated just how dangerous this kind of work can be.

Eighteen oil workers lost their lives last month when an oil drilling rig hit an oil platform off the coast of Mexico during a storm. The collision caused oil and gas to spill into the sea. Workers stayed with the rig despite 25-foot waves until the leaking gas rose to unbearable levels and air from the emergency breathing devices ran out. At that time, workers boarded covered life rafts.

The life rafts did not hold up well to the powerful storm waves. The rafts broke up and the workers were tossed to sea.

The Mexican Navy rescued 61 workers. The workers who died included four Pemex employees, seven employees of the subcontracting company that operated the oil rig, one rescue boat crew member, and six other workers. The search continued for seven workers who were still missing. All those rescued are curently in stable condition.

The Usumacinta drilling rig was a mobile, self-raising drilling rig that was set up to drill a well close to the Kab 101 light-production platform. The force of the storm waves caused the rig’s “legs” to hit the valve assembly of the platform initiating the oil and gas leak. Officials said the spill would be controlled within 5 days.

The Usumacinta drilling rig is owned by the Compania Perforadora Central SA de CV and operates under contract to Pemex. The accident occurred approximately 20 miles offshore from the port of Dos Bocas in Tabasco, Mexico. It is unknown whether negligence contributed to the accident.

In the United States, the rights of maritime workers including those who work in the oil industry, are protected under the Jones Act and Maritime Law.

Four American companies charged with negligence in Mexican oil rig explosion

tjy@theyoungfirm.com (News Author)10958 — Sat, 24 Oct 2009 08:00:00 EST

Seventeen residents of Mexico filed a personal injury and wrongful death maritime lawsuit against four American companies, Gulf Coast Marine and Associates Inc., Schlumberger Technology Corporation, Halliburton Company, and Mathews-Daniel Company. The companies are being held accountable for an offshore oil platform explosion that killed 22 workers and injured 63.

On October 23, 2007, as a tropical storm was brewing, a mobile oil platform collided with a stationary platform in the Bay of Campeche, Mexico. The collision caused an uncontrollable oil and gas leak. The mobile oil platform exploded with 73 workers, employees of Petroleos Mexicanos, on board.

Employees donned lifejackets and began to board lifeboats; however, because of strong waves from the impending storm, the lifeboats began to collapse. Employees were 16 miles offshore for up to 20 hours awaiting rescue in pre-storm conditions. Many drowned at sea.

The employees allege that the American companies were negligent for failing to safely position the platform and for the lack of proper supervision, proper equipment, maintenance of equipment, timely rescue and for not considering updated sea-floor information when positioning the platform.

Matthews-Daniel Company was involved in pre-construction risk-assessment and location approvals. Halliburton and Schlumberger Technology manufactured safety valves and sensors used on the platform. Gulf Coast Marine made the decision to tow the mobile platform despite an approaching storm.

The lawsuit is seeking damages for post traumatic stress disorder, anxiety, depression, future pain and suffering, mental anguish, lost wages, loss of earning capacity, medical expenses, funeral and burial expenses, loss of companionship, maintenance and support, pre- and post-judgment interest, and attorney’s fees.

Coast Guard suspends search for two fishermen missing from sunken ship

tjy@theyoungfirm.com (News Author)10956 — Fri, 23 Oct 2009 08:00:00 EST

The search for two Maine fishermen who have been lost since Tuesday, was called off last night. The fishermen were lost when their 34-foot commercial fishing vessel, Bottom Basher, sank.

There were three crewmen on board. The body of Darryl Cline of Maciasport, ME was recovered on Wednesday. Crewman Norman Johnson and the boats owner, Joseph Jones, are still missing.

The men were reported overdue on Tuesday at 10pm. A search soon found a debris field. The debris indicates that the boat broke apart and sank. The debris showed no evidence of fire, but as no piece was larger than a kitchen table, it was determined that something catastrophic happened; perhaps the boat snagged on an obstruction on the sea floor. Investigators will use the debris to determine the cause of the sinking.

U.S. Coastguard Captain James McPherson explained that with air temperatures of 36 degrees and water temperatures of 47 degrees, efforts were targeting recovery rather than rescue. The search was suspended after two full night and two full day searches.

Commercial fishermen have dangerous jobs. Unfortunately, accidental death is a real risk. There is also the risk of death due to negligence, substandard equipment, inadequate maintenance, or insufficient training. A life lost at sea can not be recovered. However, if you have lost a love one, you may be entitled to compensation. There are numerous maritime laws that cover commercial fishermen and their families. Call our Gulf Coast maritime lawyers at 866-983-6113 for a free case analysis.

Houston tugboat worker falls to his death

tjy@theyoungfirm.com (News Author)10801 — Mon, 12 Oct 2009 08:00:00 EST

A 54-year-old tugboat worker suffered a fatal fall while working on his boat which was docked at the Houston Skip Channel. The man was working on the tug and fell as he was climbing a ladder to an upper deck. The accident occurred at approximately 10:15pm on October 8. He was found by a co-worker. Paramedics pronounced the victim dead at the scene.

The case is being investigated by the Harris County Sheriff’s Office, but the death has been ruled accidental.

Tugboat workers do dangerous work. Because tugboats are used to push barges and ships in busy channels, there is a high potential for injury. Crews may be tired, reckless or inexperienced. Injuries due to negligence are not uncommon.

Injured tugboat workers are covered under Jones Act Law. To find out more, order our free book, Employee's Guide to Maritime Injury Law

The lawyers at The Young Firm are experts in maritime and Jones Act law. If you’ve been injured while working on the water, contact us at 866-938-6113 for a free case consultation.

Fishing boat sinks after rudder loss

tjy@theyoungfirm.com (News Author)10703 — Mon, 05 Oct 2009 08:00:00 EST

The National Safety Transportation Board announced this week that the Alaska Ranger, a fishing boat that sunk off the coast of Alaska in March 2008, most probably lost its rudder and then flooded before sinking. Five crew members were killed.

The fishing boat had a crew of 47. The captain, chief engineer and mate were among the victims when the vessel in sank in the Bering Sea, west of Dutch Harbor, Alaska. The fishing boat is now under 6,000 feet of water. It has not been examined by safety inspectors.

Alaska’s fisheries are especially treacherous. Last October, seven crew members died when another fishing vessel, Katmai, sank in the sea off Alaska’s Aleutian Islands.

The fishing industry has the highest rates of occupational deaths, more than 35 times the national average. NSTB Chairwoman Deborah Hersman said, “It’s not called ‘Deadliest Catch’ for no reason,” and explained that current fishing industry laws do a better job of protecting the quality of fish than they do the safety of fishermen. The NSTB is calling for more protection for fishing workers under maritime law.

Congress is currently considering new safety laws for fishing vessels. The NSTB would also like to see Congress impose mandatory safety inspections on commercial fishing boats. Currently, inspections are voluntary and courtesy inspections are offered by the Coast Guard.

Fishermen Safety: Congress is considering new rules

tjy@theyoungfirm.com (News Author)10670 — Fri, 02 Oct 2009 08:00:00 EST

Commercial fishing is the most dangerous occupation with over thirty-five times the average amount of occupational deaths annually. In just 15 years (1992-2007), 934 U.S. fishermen were killed. According to the U.S Coast Guard, more than half of these deaths occurred when fishing vessels were capsized or sank. Just over one quarter of the deaths were due to falling or being pulled overboard. Most of the rest were accidental; causes include diving accidents and being struck by heavy equipment. Larger ships had higher loss rates.

Last year, the sinking of the Alaska Ranger and of the Katmai brought national atention the dangers that are faced by workers in the Alaskan fishing industry. These incidents prompted the National Transportation Board to call for mandatory safety inspections.

Congress is considering a new bill that they hope will make safety a priority. The new bill would require safety inspections to be performed at least every other year. Other recommendations include safety training for skippers and safer construction standards for vessels over 50 feet long. This would be the first major over hall of commercial fishing law an there appears to be no major opposition to the new standards.

Representative James Oberstar, D-Minn., is the author of the bill. He is the chair of the House Transportation and Infrastructure Committee.

Fisherman may be covered under Jones Act Law.

Tour Boat sinks off the coast of Macedonia, fifteen killed

tjy@theyoungfirm.com (News Author)10488 — Fri, 25 Sep 2009 08:00:00 EST

On September 4, 2009, fifteen Bulgarian tourists including a child were killed in the waters off Macedonia while enjoying a tour on a German-made tour boat. The eighty-five year old Ilinden had passed inspections and still had license to run. It was carrying three crew members and 53 passengers. The vessel split in two and rapidly sank in the twenty foot deep waters of Lake Ohrid. Lake Ohrid is a very popular destination with tourists and has been a UNESCO world heritage site since 1979. A lack of lifejackets has been blamed for the deaths. The accident may have been caused by overcrowding as the vessel was carrying more than its licensed capacity. This story brings attention to the dangers that face tour boat employees and passengers when safety is not made a priority. It is the tour boat owner's responsibility to make sure boats are seaworthy and that proper safety equipment is available. The Young Firm has represented maritime workers, deckhands, longshoremen, oil rig workers, tug boat and barge workers and others who work in the Gulf of Mexico and Mississippi River. We are experts on maritime law. If you or a loved one has been injured or a family member has died because of negligent maintenance on a commercial passenger boat, contact the attorneys at the New Orleans office of The Young Firm to discuss your case.

Deaths of LA Longshoremen Underscore the Need for Worker Safety

tjy@theyoungfirm.com (News Author)10489 — Fri, 25 Sep 2009 08:00:00 EST

On September 12, 2009, longshoreman John Robert Kiser was fatally crushed by an empty container as he was directing traffic on the Los Angeles waterfront.

It was the fourth such accident in the Los Angeles area in less than eighteen months.

In January, another longshoreman, 53-year-old Pablo Garcia, was standing outside his rig when he was plowed into by a yard tractor. The driver’s blood alcohol content was twice the legal limit. Just days later, trucker Felipe Curiel was seriously injured when a container fell on the cab of his truck. The firefighters who extracted Curiel from his flattened truck called his survival “miraculous”.

In April 2008, 73-year-old Carlos Rivera was killed after more than 40 years of dock experience. He was supervising the offloading of a ship when he was hit by a forklift driver.

Longshoremen do dangerous work and deserve safe working conditions. It is the responsibility of local officials and employers to enforce safety requirements and ensure safe behavior on docks in order to prevent future injuries and fatalities.

The Young Firm has experience representing maritime workers, deckhands, longshoremen, tug boat and barge workers. We are experts on maritime law and Jones Act Safety Rules. If you have been injured because of employer negligence or safety violations, contact the attorneys at the New Orleans office of The Young Firm to discuss your case.

Proposal to Change Jones Act Withdrawn

tjy@theyoungfirm.com (News Author)10490 — Fri, 25 Sep 2009 08:00:00 EST

In addition to protecting injured workers, the Jones Act also protects national security and the U.S. shipbuilding industry by allowing only American-made vessels to carry cargo between U.S. ports. However, the law allows for exemptions in emergencies and in cases where no U.S. ships are available. For example, after Hurricane Katrina, an exemption was made to allow foreign vessels to carry oil and natural gas.

The U.S Customs and Border Patrol (CPB) has recently withdrawn its proposal that would have made major changes in the way the Jones Act applies to foreign ships working for the offshore oil industry.

The CPB had proposed a tougher interpretation of the laws determining what foreign vessels are exempt from the law and what materials foreign vessels may transport for the construction, maintenance, repair and inspection of offshore petroleum-related facilities. The new proposal would have narrowed the definitions of what is necessary equipment. The CPB had allowed 90 days of review before the changes were made into law. However, the petroleum industry requested more time. It was uncertain what effects this proposal would have on the oil industry.

It is expected that the CPB will reintroduce the proposal once the effects of the change are better understood.

You can read more about the Jones Act here.

Maritime Administration Warns of Likely Increase in Piracy

tjy@theyoungfirm.com (News Author)10491 — Fri, 25 Sep 2009 08:00:00 EST

The Maritime Advisory recently advised mariners and ship operators that they expect to see piracy increase off the Horn of Africa and in the Indian Ocean now that monsoon season is over. They are urging mariners to take defensive measures and not to surrender at the first sign of threat.

It is advised that vessels steer clear of routes where attacks have previously taken place. They suggest that ships traveling through high threat areas move at maximally sustainable speed and to “demonstrate a willingness to defend themselves.”

The recent advisory gave instructions on how to check in with authorities and how to request escort service in a convoy.

Every year approximately 350 incidences of piracy are reported worldwide. The concentration of piracy is highest around the Horn of Africa and in the North Indian Ocean.

Piracy is only one of the many risks that face mariners. The Department of Transportation’s Marine Administration routinely issues advisories to warn of possible hazards and to advise ships about the steps they can take to avert danger.

Advisories can be found on the Maritime Administration’s website.

New Billboards Alert of Health Risks to Dock Workers

tjy@theyoungfirm.com (News Author)10492 — Fri, 25 Sep 2009 08:00:00 EST

“Diesel exhausts from operations at the Ports of Los Angeles and Long Beach can cause cancer and birth defects and other reproductive harm.” This is the alerts being brought to attention by a new series of billboards, posters and advertisements being posted around San Pedro, Wilmington and Long Beach, California.

The warnings are required under California’s 1986 law known as “Prop 65,” and are part of a 2008 agreement between California Attorney General Jerry Brown and 21 companies that do business in the port complex. The “Safe drinking Water and Toxic Enforcement Act” requires that people be notified when they are exposed to carcinogenic or highly toxic substances, such as pesticides, lead, mercury, asbestos and diesel fuel.

The Ports of Los Angeles and Long Beach are California’s largest fixed source of diesel exhaust. Symptoms of exposure can include headaches and nausea. More seriously, long term exposure to diesel soot is linked to cancer, lung and heart disease, asthma, COPD and other respiratory illnesses. In California, it is responsible for more than 3,000 deaths per year.

Shipping and dock workers and longshoremen are at high risk for health problems caused by diesel exhaust.

Congressional Representative, State Senator, and three others injured in serious boating accident

tjy@theyoungfirm.com (News Author)10217 — Mon, 31 Aug 2009 08:00:00 EST

Five people including a Congressman and a State Senator were seriously injured in a boating accident when the 22-foot boat they were in ran aground on a rocky shoreline at Flathead Lake in Montana. Law enforcement officials are investigating the crash to determine if alcohol, drugs, or excess speed were contributing factors.

The extent of the five victims’ injuries required that they all be transported quickly to Kalispell Regional Medical Center. Two victims were taken by helicopter and two were taken by ambulance.

Representative Denny Rehberg (R-Montana) broke his left ankle and received a large bump on his head in the crash. State Senate Majority Whip Greg Barkus was also injured and required hospitalization, as did his wife and two of his aides.

All of the victims are in stable condition according to a medical center spokesperson. No information on when they will be released.

The boating accident is being investigated jointly by the Montana Highway Patrol and the Flathead County Sherriff’s office.

Owner of boat arrested and charged after fatal boating accident

tjy@theyoungfirm.com (News Author)10219 — Mon, 31 Aug 2009 08:00:00 EST

A man accused of killing two people in a boating accident has been arrested and charged with two counts of involuntary manslaughter. The man, Ronald Stevens, was the driver and the owner of the boat that was involved in the accident.

Stevens’ boat was carrying eight adults and four children – all from Boise, Idaho – when it hit rocks, capsized, and sank in Payette Lake. Two people, a 61 year old woman named Linda Catlin and her 41 year old son Shane Catlin were killed when the boat sank.

The coroner in the case stated that Linda Catlin died of hypothermia due to the cold lake temperatures and her son Shane drowned. A one-year old child who was on the boat when it sank had to be taken to the hospital by helicopter to be treated for hypothermia.

Stevens’ blood is being tested for alcohol to determine if it was a factor in the crash. None of the people on the boat were wearing a life jacket when the accident happened, and they had to wait two hours to be rescued.

The accident victims who survived either swam to safety on a nearby island or clung to the wreckage of the boat until help arrived.

Four rescued after Hudson River cargo ship crashes into speedboat

tjy@theyoungfirm.com (News Author)10092 — Tue, 25 Aug 2009 08:00:00 EST

A cargo ship traveling on the Hudson River after midnight with no lights slammed into a speedboat, crushing the boat and then leaving the scene of the accident.

Taking a page right from a Hollywood script, the speedboat passengers and captain were rescued by Hollywood director Doug Liman and producer Avram Ludwig. Liman and Ludwig were out on their sailboat when the accident happened, and witnessed the crash.

Witnesses estimate that the cargo ship was 250 feet long and 50 feet long, and it easily damaged the 42 foot long speedboat.

The captain of the speedboat, Daniel Rechelbacher, was rescued from the Hudson river as he clung to his capsizing vessel. three of his friends were also rescued. Rechelbacher initially refused to leave what was left of his speedboat until police and fire crews arrived.

The four rescued people were taken to St. Vincent’s hospital and were treated for minor injuries. Rechelbacher was stunned that the cargo ship did not see his speedboat, which was white and illuminated and should have been clearly visible.

The Coast Guard has so far neither confirmed nor denied that a crash took place, and were instead investigating a “possible collision” between two vessels.

Coast Guard warning that hurricane Bill threatens mariners

tjy@theyoungfirm.com (News Author)10026 — Thu, 20 Aug 2009 08:00:00 EST

Hurricane Bill is approaching the Atlantic Coast, posing a threat to mariners along the east coast. To warn boaters of the potential dangers from hurricane storms, the United States Coast Guard is sending an airborne team along the coastline.

Powerful hurricane Bill has been downgraded from a Category 4 storm to a Category 3 storm. Despite the downgrade, the Coast Guard believes that powerful hurricane winds could cause strong swells and dangerous winds for east coast mariners. Top winds in a Category 3 storm can reach 135 miles per hour.

Meteorologists with the National Weather Service have predicted 5-foot waves today, leading to six to eight foot waves over the weekend. Hurricane Bill is also expected to cause more rip currents along east coast beaches, endangering swimmers and summer vacationers.

According to meteorologists with the National Weather Service, daily computer models have predicted Hurricane Bill to churn 5-foot waves by Thursday, with powerful 6- to 8-foot waves through the weekend. Bill was maintaining a top wind speed of 135 mph Wednesday, hours after it became a Category 4 storm, and forecasters said it could get stronger

A Coast Guard warning mission is planned to depart from Elizabeth City, North Carolina. The Coast Guard team will broadcast warning messages to mariners from aboard an HC-130J aircraft.

Carping about dangers of new electric barrier in shipping canal

tjy@theyoungfirm.com (News Author)10027 — Thu, 20 Aug 2009 08:00:00 EST

The alarming spread of invasive Asian carp up the Mississippi and Illinois Rivers has the U.S. Army Corps of Engineers working to improve a new electric barrier in the Chicago Sanitary and Shipping Canal near Romeoville.

The Asian carp were originally imported as a way to naturally clean commercial catfish ponds in the south, but were unintentionally introduced to the Mississippi River when some ponds flooded. The carp are considered invasive because they grow to a very large size (up to 4 feet long and 100 pounds) and consume food that native fish depend on to survive.

Officials and researchers worry that if the carp reach Lake Michigan the sports-fishing industry on all of the Great Lakes could be seriously compromised, leading to billion dollar losses.

However, the new electric barrier has some concerned for waterway safety. When operating at full output, the U.S. Army Corps of Engineers worries that the barrier could emit sparks, endangering barge workers traveling with explosive cargo like gasoline.

Due to concerns the barrier has only been operating at 25 percent capacity, and may be raised to fifty percent capacity over concerns that the Asian carp are getting close and won’t be stopped by a weak electric current. Barge operators are concerned that even 50 percent of the barrier’s total power output won’t be safe for their cargo and crews.

Jones Act lawsuit filed by worker injured in fall from ladder

tjy@theyoungfirm.com (News Author)9707 — Fri, 31 Jul 2009 08:00:00 EST

A Jones Act lawsuit has been filed against Cal Dive Offshore Contractors by employee Timothy David Jones. Jones, a Nederland resident, filed the claim in the Beaumont Division of the Eastern District of Texas, claims that he was hurt while working on a Cal Dive barge.

The complaint, filed July 22, claims that Jones climbed a ladder to get to a diesel generator. Later, when he was descending the ladder he slipped. While able to stop the fall with his arm, he sustained serious and permanent injuries.

Jones was employed as a seaman and performed oiler and mechanic work on the Cal Dive barge, according to the complaint. Choppy seas contributed to the accident.

The injured worker is seeking maintenance and cure, fees for his attorney, medical expenses, damages for physical pain, damages for mental anguish, damages for lost earnings, and compensation for physical impairment and loss of consortium.

U.S. District Judge Thad Heartfield will be hearing the case.

To fight the case, Jones’ employer may use one of several tricks often employed by companies seeking to avoid paying damages in Jones Act cases. Read more in our library article “Five Common Tricks Your Company Will Use to Fight Your Jones Act and Maritime Claim”.

Marine contractors association concerned about proposed Jones Act changes

tjy@theyoungfirm.com (News Author)9708 — Fri, 31 Jul 2009 08:00:00 EST

Member-companies of the International Marine Contractors Association (IMCA) are against changes proposed to the Jones Act by the U.S. Customs and Border Protection (CBP).

The changes troubling the IMCA concern the modification or revocation of exemptions to the Jones Act for pipe-laying, cable-laying, diving support work and heavy-lift crane construction and installation work. Exemptions would no longer be available for the installation of pipeline connectors from foreign flagged vessels.

CBP has determined that these foreign vessels are not incidental to the laying of pipeline, so they do not deserve to be exempt from the Jones Act. In addition, CBP wishes to limit interpretations to the term “vessel equipment” to exclude machinery and goods that are not needed to navigate, operate or maintain the vessel itself.

Why do these changes worry the IMCA? According to the association, these changes would overthrow 30 years of precedent that the maritime industry has relied on. Not only that, but millions of dollars have been spent by the offshore industry to conduct oil and gas operations according to the Jones Act, and any changes mean much of those investments would have been for naught.

The IMCA threatened that the changes could shut down for an extended period of time most deep water activities in the Gulf of Mexico. The challenge is that there simply aren’t enough coastwise vessels able to perform work currently being done by foreign-flagged vessels.

U.S. economic woes hit barge maker

tjy@theyoungfirm.com (News Author)9608 — Mon, 27 Jul 2009 08:00:00 EST

The Jeffboat division of American Commercial Lines (ACL) has decided to cut its workforce due to depressed demand for their products. Jeffboat is the barge manufacturing division of ACL.

Jeffboat claims that diminished demand for the barge products they manufacture necessitates a 10 percent cut in both salaried and hourly workers. Soft barge demand was cited by ACL as a primary contributor to their unimpressive second quarter financial results.

With profits down nearly half from a year ago, ACL – like many companies – is looking for ways to save money. With about 3,400 people employed at ACL, a 10 percent reduction could mean 340 jobs will be lost in the barge division.

ACL stated that they expect 1,000 employees to remain at Jeffboat after the downsizing is complete. Some workers can expect voluntary severance packages while others will be laid off with no severance.

ACL hopes that the downsizing will better position the company to ride out the economic downturn and return to profitability more quickly once the recession eases. ACL is not the only maritime product company to see profits slide during the recession.

Coast Guard finishing investigation into Mississippi River oil spill

tjy@theyoungfirm.com (News Author)9555 — Wed, 22 Jul 2009 08:00:00 EST

A collision between an oil barge and a ship on the Mississippi River that resulted in a 280,000 gallon fuel oil spill and shut down the waterway for a week was the subject of a recently completed Coast Guard investigation.

The oil barge was being pushed by the ‘Mel Oliver’ towboat at the time of the collision. According to testimony by a variety of witnesses the master-licensed pilot who should have been at the helm of the towboat had abandoned the vessel several days before the accident, leaving an apprentice mate in charge.

The apprentice’s license prohibited him from piloting the towboat without a superior’s supervision, however no superior was present when the accident happened. According to employee testimony the towing company made a habit of allowing low-level mariners to stand in for fully licensed pilots, a violation of the apprentice licensing rules.

The Coast Guard’s investigating officer Melissa Harper will forward her final report to Washington when it is complete, however it could be two months or more before results of Harper’s investigation is made public.

According to experts, fallout from the report could include major changes for the maritime industry.

Injured Seaman Gets Justice from the U.S. Supreme Court

tjy@theyoungfirm.com (News Author)9557 — Wed, 22 Jul 2009 08:00:00 EST

Four years ago seaman Eddie Townsend was injured while working on a tugboat in Fort Lauderdale’s port. When he told his captain that he had hurt his arm and shoulder in a fall, the captain told him not to report the injury as he’d probably be fired.

The next day, when Townsend was unable to work because of his injury he reported the accident, and as the captain predicted he was fired and escorted off the tugboat by a company representative.

With no money for medical bills racked up as a result of the injury, Townsend eventually sued for punitive damages. The lawsuit took him on a long journey for justice:

First, Senior U.S. District Judge Harvey Schlesinger ruled that Townsend could seek punitive damages at trial
The company, Atlantic Sounding, appealed the case to the 11^th U.S. Circuit Court of Appeals in Atlanta
The 11^th Circuit Court agreed with the previous ruling
Atlantic Sounding appealed to the U.S. Supreme Court, claiming that the 11^th Circuit Court’s ruling conflicted with federal and state court rulings
The U.S. Supreme court upheld the original ruling that Townsend could seek punitive damages in court.

In making the ruling the majority of justices denied the company’s argument that a 1920 federal law intended to protect injured seamen disallows punitive damage claims. However the four-member U.S. Supreme Court minority accused the majority justices of changing course on decades of maritime law.