Available 24/7 | Free Intial Consultation
713-396-3964
Available 24/7 | Free Intial Consultation
713-396-3964
Since at least 1823, our courts have recognized that the perils of seafaring life necessitate unique protections for mariners. Consequently, under general maritime law and the Jones Act, any injured seaman is entitled to maintenance, cure, and unearned wages for...
Because of the special protections and remedies afforded to injured seaman under the Jones Act, one of the most important issues in a maritime claim is determining Seaman status. Ordinarily, to qualify as a seaman under the Jones Act, a maritime employee must spend a...
Hit by the twin storms of the ongoing pandemic as well as Tropical Storm Cristobal, offshore workers face continuing airlift evacuations under already dangerous working conditions. On May 27, 2020, nine Shell employees were evacuated from an offshore oil rig in the...
Currently, with the oil industry at a low point, Americans know to expect layoffs and tightening of budgets in a wide variety of offshore companies and companies that support the oil industry. What can also be expected are vessels that may be undermanned or maintained...
On June 3, 2017, it was announced that the sizeable Herbon oil platform started its two week journey from Bull Arm, St. John's, to the Grand Banks. Eight tow vessels were used to carry the massive platform to its destination.ExxonMobil started working on the Hebron...
Last month the U.S. Customs and Border Protection Service (CBP) announced that it will suspend and reconsider a set of regulatory amendments to the Jones Act that were proposed by the Obama administration. Under the Jones Act, established in the 19th Century, vessels...
In 2011, Furie Operating Alaska, an Alaskan oil and gas company, transported the Spartan 151 jack-up drill rig from the Gulf of Mexico to Alaska using a foreign-flagged vessel. The company agreed to pay a record $10,000,000 fine for failing to get pre-approval from...
On March 9, 2017, the Supreme Court of Washington held that a Jones Act seaman could recover punitive damages in an unseaworthiness claim. At least within the state of Washington, this ruling clarified previous confusion regarding applicability of common law damages...
Like most maritime accident claims, injuries to longshoremen and stevedores can involve a complex web of state and federal laws. The Longshore and Harbor Worker's Compensation Act (LHWCA) and case law interpreting the LHWCA outline three duties that vessel owners and...
Unlike typical personal injury lawsuits, claims involving ships and vessels may be subject to special rules that can limit the damages an injured party is entitled to receive following a lawsuit. While most lawsuits seek recovery for the entirety of medical and...
Yesterday, four oil platform workers jumped off an oil production platform off the coast of Louisiana into the Gulf of Mexico in an attempt to flee an early morning fire that threatened to cause serious bodily injury. Luckily, the workers were quickly recovered from...
The United States Coast Guard called off the search for two missing crewmembers of the fishing vessel Exito in Dutch Harbor, Alaska, following several days of intense search operations involving multiple Coast Guard and good Samaritan vessels and aircraft. The missing...
The Fifth Circuit Court of Appeals recently ruled that the "collateral source rule," which prevents a defendant from reducing his liability by the amount a plaintiff recovers from independent sources such as health insurance, does not apply when the defendant's...
When a seaman is hurt at work, many employers seek to avoid responsibility by paying "advances" while the seaman is recovering and undergoing medical treatment. By law, the employer of an injured Jones Act seaman is required to pay that seamen maintenance and cure...
On October 25, 2016, two German shipping companies pleaded guilty to environmental crimes for using what is commonly referred to as a "magic pipe" to discharge pollutant-laden waste into waters of the United States. The companies, which owned and operated the M/V Nils...
The Centers for Disease Control and Prevention provides reporting on the cleanliness of many cruise ship vessels that hail from United States ports, giving travelers the opportunity to determine the historical cleanliness of cruise ship vessels prior to travel. The...
Throughout the United States, the number of oil and gas rigs operating offshore has been on a steady increase. As of September 30, 2016, Baker Hughes reported 22 rigs operating offshore, with 21 of those rigs located in the Gulf of Mexico. While still down from 29...
Vessel owners operating in navigable waters have a duty to maintain their vessels in a "seaworthy" condition. Whether an injured seaman has a claim for vessel unseaworthiness is often an issue in maritime injury litigation. "Seaworthiness" is more than a vessel's...
Civil litigation seeking recovery for injuries that mariners receive in the course and scope of their employment often draw upon the information obtained by governmental accident investigations. Often, the question that follows "did your employer fill out an accident...
It is easy to be overwhelmed by how many different law firms claim to have expertise in representing injured maritime workers. Injured seamen are looking for the right lawyer while simultaneously dealing with the medical bills and stress of worrying about where the...
On April 19, 2016, at around 9:00 a.m., a tugboat with a crew of five people onboard became submerged underwater on the San Jacinto River. At the time of the incident, the tugboat was located about a half mile south of the I-10 bridge, just outside of Houston, Texas....
The employer of a Jones Act seaman is required to pay maintenance and cure benefits to a seaman who has been injured while at sea. Maintenance provides for the seaman's day-to-day living expenses. Cure provides for the seaman's medical costs. Employers of injured...
Because the Jones Act provides special protections and damages for injured seamen, many injured people wonder whether they qualify as a "seaman" under the Jones Act. That determination should be made by a competent maritime attorney because the law controlling seaman...
When a seaman passes away while working offshore, one of the last things that families should have to concern themselves with is who will pay for funeral expenses and take responsibility for the financial contributions that the deceased seaman would have continued to...
Vessel owners and employers are required to report any maritime injury that requires more than basic first aid and makes the injured seaman unable to perform his work. Oftentimes seamen and offshore workers are directly or indirectly told by their supervisors not to...
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