Transocean filed for Limitation of Liability today in Houston, Texas in US District Court for the Southern District of Texas, Houston Division. Matthew Shaffer represents three clients who were injured in the Transocean Deepwater Horizon explosion on April 20.
On Friday, Coast Guard officials suspended the three-day search for 11 workers missing since an explosion rocked the Deepwater Horizon. It is believed that the men never made it off the platform. The 11 missing workers came from Texas, Louisiana and Mississippi. Neither the Coast Guard nor their employers have released their names. Steven Newman, CEO of Transocean Ltd., which owns the rig, said Friday night that 8 of the 9 missing Transocean workers were part of the crew that operated the platform's drills. The other 2 workers were employees of a BP contractor. The other 115 crew members made it off the platform; several were hurt but only two remained hospitalized Friday. The most seriously injured worker was expected to be released within about 10 days.
Eleven people unaccounted for after an offshore drilling rig explosion Tuesday night off the coast of southeast Louisiana. The MODU rig Deepwater Horizon was operating in the Gulf of Mexico and is owned by Transocean and operated under a lease by British Petroleum (BP). The rig can operate in water depths up to 8,000 feet and was built in 2001 by Hyundai Heavy Industries Shipyard in South Korea. A semi-submersible rig is floated to a drilling site. It has pontoons and a column that submerge when flooded with seawater. It doesn't touch the sea floor, but sits low with a large portion of it under water, moored by anchors.
Consistent effort over time can reduce drug-resistant pathogens such as MRSA, according to at least one study completed over 15 years by French researchers. The intensive program was aimed at reducing the impact of methicillin-resistant Staphylococcus aureus (MRSA) on Parisian hospitals, and was reported in Archives of Internal Medicine. While formerly confined largely to a hospital setting, today MRSA has gone offshore and its potential damages are encompassed under maritime law. As maritime injury lawyers, we feel that offshore employers should make the same efforts to change the MRSA trend from increasing even further than the present explosion. Failure to do so can render a vessel unseaworthy. In close quarters such as those maintained in a maritime employment setting, keeping infected or suspected infected parties more isolated or removing them from the rig or vessel as soon as possible would greatly reduce the risk of the rapid spread of MRSA. Employees should be required to wear protective gear such as disposable gloves, paper coverings, etc. to prevent their infected body parts from coming into contact with common machinery or even food items. All offshore vessels and jack-up rigs must be equipped with hand sanitizer gel or hand washing stations to control potential outbreaks among the crewmembers.
The death of a crew member on a bulk carrier from electrocution has spurred the Coast Guard to issue a safety alert. The alert informs shipping companies about the importance of maintaining and repairing electrical systems on vessels to prevent accidents and fatalities. It is horrifying to think that in this day and age of technological advancement; a maritime worker actually gets killed by a broken light fixture that was left carelessly unattended. It seems like there was negligence here, and the seaman's family here, likely have options not just to file a Jones Act claim of negligence, but also a claim of unseaworthiness. The maritime lawyers at SMSH represent injured freighter and tanker crews, oil rig and offshore workers, cruise ship workers and other maritime workers in Texas and around the country.
The body of one crewmember of the tugboat J.R. Nichols was recovered yesterday, the day after the vessel sank near the Sims Bayou turning basin with five men on board. The name of the crewmember has not been released. The search included the Coast Guard and the Houston Police Dive Team.
The 56-foot tugboat owned by Kinder Morgan submerged in the Houston Ship Channel must be raised before it can be determined why it sank this week. The tugboat will be raised no sooner than this weekend, and only then if the weather is acceptable.
Workers from the nearby LyondellBasell refinery helped rescue four crewmembers after the tug Wednesday evening in the Houston Ship Channel. The four crewmembers who were rescued were treated for hypothermia.
The tug's sinking spilled hundreds of gallons of diesel fuel in the Houston Ship Channel, and a stretch of channel still remains closed during operations to recover the tug. The captain of the Port of Houston closed the Houston Ship Channel from the Vopack facility to Sims Bayou in order to conduct the search. Barriers are containing the spill.
For more information on the dangers of working at sea, litigation related to oil spills, or the legislation proecting offshore workers, please contact our press contact Stacey Burke at sburke@smslegal.com or (713) 524-3500. If you have been injured while working for a maritime employer or have questions about your maritime rights, please contact Schechter, McElwee, Shaffer & Harris, LLP today at info@smslegal.com or toll-free at 1-800-282-2122.
The Coast Guard is still looking for one person who remains missing after a tugboat accident in the Houston Ship Channel on Wednesday night. The 56-foot tugboat sank in the channel just before 10:30 pm last night. Four of the people on the tug were rescued, and one crewmember continues to remain missing. The Coast Guard has closed down the channel from the Vopak facility to Sims Bayou to allow search operations to continue.
Investigators are looking at the cause of the tugboat sinking. The four people who were recovered from the water have been taken to the hospital. Preliminary reports seem to suggest that the boat overturned when it was caught in the wake of a large ship.
Tugboat Workers may be Protected under the Jones Act
Tugboat workers are generally included under Jones Act cover. This means they may be eligible for maintenance and cure, claims of negligence and several other rights granted under the Jones Act.
The Jones Act is a body of maritime laws that is designed specifically to protect seamen like tugboat workers who face the risk of injuries at sea. Not every person who works on or around a vessel qualifies as a Jones Act seaman. Qualification under the Act requires that you pass a crucial three-part test for seaman status.
1. You must be assigned to a vessel at the time of the injury.
2. The vessel you were on must be in navigation.
3. You must contribute significantly to the vessel's livelihood or function.
Seems simple enough, right? Yet, these three criteria can present a number of complications when the time comes for a maritime lawyer to prove that you are a Jones Act seaman. For an employer, denying your Jones Act status equals denying your claim, because the Act provides for substantial benefits to be paid to a seaman. That's why it's important that you only consult with a Board Certified Jones Act lawyer to resolve your Jones Act claim.
E-mail us at info@smslegal.com for an immediate response and/or call us at 1-800-282-2122, our phones are answered 24/7.
A maritime collision between a tanker and a barge off the Texas coast has caused a massive oil spill in the port of Port Arthur. The southbound barge collided with the northbound tanker in the Sabine-Naches waterway near the Valero refinery. The maritime attorneys at SMSH represent injured tankermen, cooks, deckhands, welders, electricians and other crew members of tankers or freighters, recover compensation for their injuries.
A towboat crewmember in West Virginia drowned to death when he fell off his towboat after a false "all clear" sign. If you are a crewmember of a vessel and you have been hurt on the job, please seek the advice of an experienced maritime attorney about your Jones Act case. Contact us at 1-800-282-2122 or e-mail us at info@smslegal.com for a free evaluation of your case. We handle maritime personal injury cases all over the United States and all over the world and have done so very successfully for over 40 years.
In Endicott v. Icicle Seafoods, Inc., the Washington Supreme Court considered whether or not a maritime personal injury Jones Act and unseaworthiness case should have been tried in front of a jury pursuant to a Defendant's request. Once Endicott filed his suit at law in state court, state procedural law determined which party may demand a jury trial. Because the Washington Constitution affords the plaintiff and defendant in a Jones Act case the right to elect to a trial by jury, this Court found that failing to allow Icicle Seafoods to assert their right to a jury trial was in error. This case illustrates just one more reason why if you are injured while working offshore, you must consult with an experienced maritime lawyer about your case. Our firm handles cases in all fifty states of the United States and around the world and has done so for over 45 years. We are experts at selecting the approrpriate venue for your case and then determining if a judge or jury will give you the best result in that venue. The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on freighters, tankers, jack up and semi submersible rigs, cruise liners, and other employees who may qualify as Jones Act seamen. Contact us for a free legal consultation at 1-800-282-2122 or via email at info@smslegal.com.
An Apache Corporation oil and natural gas platform in the Gulf of Mexico caught on fire, leaving one contract worker dead yesterday. Apache has shut in the wells flowing to the platform off Louisiana and the fire has been extinguished. Incidents like this are tragic and generally preventable by instituting the proper safety standards. Schechter, McElwee, Shaffer & Harris, LLP has represented HUNDREDS of contract workers injured on oil and gas platforms. We have been a practice focused on maritime law for over 40 years. Not many firms can claim that type of experience or the results we are able to obtain for our clients. We have relationships with maritime adjusters, defense attorneys, maritime employers and other plaintiff's counsel in every state and internationally. Please contact us for a free evaluation of your offshore platform injury case at 1-800-282-2122 or email us at info@smslegal.com so we can assist you in obtaining the compensation you deserve.
Florida's gambling ships which were doing brisk business just a couple of years ago, are facing dark times. The recession has cut down people's spending power, and new rules now allow land-based casinos to offer the same games that were available only on gambling boats. The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on casino boats, freighters, tankers, jack up and semi submersible rigs, cruise liners, and other maritime employees who may qualify as Jones Act seamen.
The maritime lawyers at SMSH frequently represent injured roustabouts. These laborers perform some of the most important functions on an oil rig, involving long hours, strenuous work, and often dangerous conditions. This job which is often described as the lowest level job on an oil rig, has now been named "the worst job in America". The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on freighters, tankers, jack up and semi submersible rigs, cruise liners, and other employees who may qualify as Jones Act seamen. Contact us for a free legal consultation at 1-800-282-2122 or via email at info@smslegal.com.
Today, when I checked in on my Twitter account, I read a post by the CompNewsNetwork that piqued my interest. Their post asks the question: "is an employee of a gambling vessel considered a maritime worker?" Their answer seemed to be a resounding NO. My answer is that it depends, but YES they can be. If you are a galley hand, caterer, casino dealer, pit boss, or other crewmember of a riverboat casino, gambling vessel or casino boat, and you have been hurt on the job, please seek the advice of an experienced maritime attorney before assuming you do not have a Jones Act case. Contact us at 1-800-282-2122 or at info@smslegal.com for a free evaluation of your case. We handle maritime personal injury cases all over the United States and all over the world and have done so very successfully for over 40 years.
Recent Fifth Circuit and District Court opinions related to Longshore and maritime claims. Our maritime attorneys represent injured longshoreman, crewmen, offshore rig workers, jack up rig workers, barge and tugboat operators, platform employees, and other maritime workers. Please contact us for a free evaluation of your case at info@smslegal.com or toll-free 24/7 (800) 282-2122.
A new organization dedicated to promoting the medical interests of seamen, longshoremen and other port workers, as well as cruise ship passengers was created called the International Maritime Medical Association (IMMA) will work alongside the International Maritime Health Association, which already includes maritime and port clinics as its members. The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on freighters, tankers, jack up and semi submersible rigs, cruise liners, and other employees who may qualify as Jones Act seamen. SMSH is here to provide you with a free confidential evaluation of your case. Just call us toll-free at (800) 282-2122.
In Mccuiston v. Coastal Catering LLC, Mccuiston worked as a cook on a vessel and suffered serious neck and back injuries in two separate fall accidents. Soon, after he entered into a release of claim agreement with the company, under which he signed off all his future rights to any claim for the grand sum of $2,000. Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy. If you think you may have an offshore injury case, contact a maritime law firm. We will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.
As an employee on a moving platform, boat, barge, oil rig, tanker, container ship, cruise ship, fishing boat, ship, or any other form of offshore vessel, you may be covered by the Merchant Marine Act. Offshore drilling rig employees near or in water can also be covered by this law. Please contact our experienced legal team of maritime injury lawyers who take pride in representing Jones Act seamen and other injured offshore workers. SMSH is here to provide you with a free confidential evaluation of your case. Just call us toll-free at (800) 282-2122.
The Los Angeles Times has a report on the especially tough conditions that pilot boat operators work in. Typically, pilot boat operators may not be assigned to a specific vessel, and so may not qualify for Jones Act seaman status. They are more likely to be covered under the Longshore and Harbor Workers' Compensation Act, but it's best to consult with a maritime lawyer to resolve questions of status. Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy issues. If you think you may have a maritime law claim, please call us. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.
A tugboat worker was killed on the Hackensack River in New Jersey last week. Deckhand Ricardo Young, was working to tighten cables between his tugboat and the vessel it was pulling, became entangled and later died from injuries.
The National Transportation Safety Board has blamed the failures of the master for the collision of the carrier Orange Sun with the dredge New York in 2008. The maritime lawyers at Schechter McElwee Shaffer and Harris represent injured freighter and tanker crews, cruise liner crews, tug boat and barge operators, offshore, semi submersible and jack up rig workers, commercial fishing vessel crews and other workers who meet the definition of a Jones Act seaman. For more information about your case, please email us at info@smslegal.com or call 1-800-282-2122.
A passenger boat and a fishing vessel collided off of The Philippines. At least 46 passengers were rescued but 27 remain missing. The maritime lawyers at Schechter McElwee Shaffer and Harris represent injured freighter and tanker crews, cruise liner crews, tug boat and barge operators, offshore, semi submersible and jack up rig workers, commercial fishing vessel crews and other workers who meet the definition of a Jones Act seaman. For more information about your case, please email us at info@smslegal.com or call 1-800-282-2122.
The family members of two crewmembers, who died when the vessel Silver Wings went down in the Gulf of Mexico, have filed Jones Act lawsuits against the employer of their loved ones. Economic damages here include the financial or monetary contributions that the deceased seaman would have made to his dependents, including wife, children or dependent parents, had he lived. However for this, a maritime lawyer must be able to show that the death of the seaman caused his dependents grave financial distress. Family members may also be compensated for non-economic damages like the loss of companionship and affection. Contact us at info@smslegal.com.
Panamanian-flagged freighter Danny F II capsized in stormy seas off Lebanon's northern coast while transporting livestock last Thursday. Rescuers are still searching for dozens of people. If you think you may have a maritime law claim, please call us at 1-800-282-2122. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.
Five crew members, three South Koreans and two Indonesians, were reported missing today after a South Korean fishing boat sank in waters off the country's southeast coast. The 129-ton boat, Geumyang, sank shortly after 7 a.m. while operating in waters east of Busan. Our expert team of maritime injury lawyers have handled multiple cases involving fishing boat injuries and sinking vessels. If you have any questions about a maritime personal injury case or a Death on the High Seas claim, please contact us at (800) 282-2122 for a free discussion about your case.
Arthur L. Schechter, Matthew D. Shaffer and Jonathan S. Harris are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.