Archive for: 2007

Crew Member Assaults

Assaults are common aboard ships and vessels. Physical and sexual assaults among crew members can come in many different forms, causing serious injury to the victim. The Jones Act protects crew members and entitles them to compensation for their injuries. If you have been assaulted while working on a ship or other vessel, you need to understand your legal rights.

Violent behavior by workers aboard a ship can constitute an unseaworthiness or negligence claim against the owner. Compensation for injuries can be pursued if the employer or vessel owner knew or should have known about the violent or aggressive tendencies of the crew member. Employers and vessel owners are required to take necessary steps to prevent assaults. When they fail to do so, the injured crew member can file a Jones Act claim.

A large number of assaults on ships go unreported, which may have to do with the fact that many crew members are unaware of their rights. Assaults often include the following:

  • Stabbings
  • Sexual assault or rape
  • Use of weapons
  • Fights

Injuries from crew member assaults can be extremely painful and could require a lengthy recovery. Assault injuries can be both physical and psychological and may include:

  • Puncture wounds
  • Broken bones
  • Traumatic brain injuries or head injuries
  • Neck injuries
  • Back injuries
  • Lacerations
  • Severe bruising
  • Mental anguish

As a victim of assault on board a ship or other vessel, you may be able to pursue compensation for your injuries. You can be awarded damages from the assailant, vessel owner or other responsible party for the injuries you have suffered as a result of the assault. Compensation from a successful Jones Act case can cover the costs of your medical expenses, lost wages, both past and present and other costs associated with your injuries.

After an assault on a vessel, you may be confused and embarrassed. The Jones Act attorneys at the Willis Law Firm understand the pain and stress of dealing with an assault. We can review your case to determine if you should file a Jones Act lawsuit. The legal consultation is free and kept strictly confidential.

Crew Members Exposed to Asbestos

Asbestos has been used in the maritime industry for several decades. The U.S. Environmental Protection Agency (EPA) defines asbestos as “a mineral fiber that has been used commonly in a variety of building construction materials for insulation and as a fire-retardant.” Asbestos was often used in insulation of fire doors, around boilers and as lining in fire boxes. Due to the awareness of the dangers posed by asbestos exposure, the EPA and CPSC have banned several asbestos products. However, asbestos is still frequently found on sea-going vessels.

Crew members on ocean going ships and vessels who work in the engine rooms are at a high risk of asbestos exposure due to the poor ventilation in this area of the ship. Longshoremen may be exposed to asbestos when they load and unload cargo and ship repair workers required to tear out and update engine rooms, exhaust systems and asbestos covered pipes. Asbestos exposure on ships can be damaging to the maritime worker’s health and symptoms may not surface for 25-45 years.

There are no immediate symptoms of asbestos exposure, but workers who are exposed are at risk of developing chest and abdominal cancers and lung diseases. The longer the exposure to asbestos, the higher the chances of developing cancer or another serious disease. Mesothelioma, a cancer of the chest and abdominal linings, is caused by inhaling the most dangerous asbestos fibers, which are too small to be visible. Lung cancer is also caused by exposure to asbestos and the risk is even higher if the worker is a smoker.

One of the most common diseases associated with asbestos exposure is known as asbestosis. According to the Mayo Clinic, asbestosis can be defined as “a breathing disorder caused by inhaling asbestos fibers.” The Mayo Clinic goes on to explain that prolonged accumulation of asbestos fibers in the lungs can result in scarring of lung tissue and difficulty breathing.

The effects of long-term asbestos exposure may not surface for at least 20 to 30 years later. Damage and scarring that resulted from exposure to asbestos fibers can lead to stiffness in the lung tissue, which prohibits the lungs from contracting and expanding as normal. Once this stiffness occurs, the symptoms usually follow. Symptoms may include shortness of breath, decreased physical activity, coughing, chest pain and finger clubbing.

It is impossible to reverse the damage caused by asbestos exposure. There are remedies available that help treat the symptoms of asbestosis. Doctors often prescribe medications or supplemental oxygen. In some cases, the physician may recommend draining fluid from around the lungs. Severe cases of asbestosis may warrant a lung transplantation. Surgery, radiation therapy or chemotherapy may be an option for those afflicted with mesothelioma.

If you or a loved one was exposed to asbestos while working aboard a ship or vessel, you may be entitled to compensation under the Jones Act or remedies under the General Maritime Laws. Contact our law firm for a free consultation with a mesothelioma attorney who handles asbestos exposure injury lawsuits.

Neck Injuries Caused by Working on an Offshore Rig

Offshore rig and platform injuries can be serious and often lead to prolonged pain and time away from work. One of the most common injuries associated with working on a semi-submersible, work boat, supply vessel, jack up rig, drill ship or drill barge involves the neck. Every year, thousands of Americans suffer neck injuries or strains resulting from job-related activities. Neck injuries are especially prevalent within the maritime industry due to the laborious work and lifting of heavy objects.

Neck pain should not be ignored. If you work on an offshore rig or platform and have been experiencing neck pain, it could cause more permanent damage. Problems in the cervical spine, which is the first seven bones in the neck running from the base of the brain and just below the shoulder blades, should be examined and treated, especially if the complications were the result of an accident onboard a rig or other vessel.

There are two types of neck pain, one that is felt down the shoulders and arms and another that involves no pain, only numbness or weakness. Dull pain felt down the shoulders and arms could be caused by a herniated disc, also known as a bulging disc in the spine. This type of pain is felt when a nerve is pinched in the neck. Since the discs in the spine are soft, they can also bulge and become misshapen. Bulging discs are often caused by stress on the spine, overuse of the spine or degeneration.

Symptoms of a Neck Injury

Symptoms of a neck injury vary, but it is important to recognize and understand warning signs. Neck injury symptoms include some the following:

  • Neck soreness
  • Tingling
  • Burning
  • Stiffness
  • Numbness, weakness or pain in the arm
  • Trouble swallowing, writing, talking or walking
  • Headache
  • Nausea
  • Blurred vision
  • Fever
  • Night sweats

There are also emergency signs of a more serious injury, which include high fever, light sensitivity, irritability, severe tenderness in the neck, numbness or weakness. If you experience any of these symptoms, you need to obtain medical treatment immediately.

After a doctor assesses and diagnoses your neck injury, a >treatment plan will be recommended. It often takes weeks to fully recover from a neck strain or injury. Your doctor may suggest rest and local heat application. Pain that lasts beyond 2 to 3 weeks may require physical therapy. Typically, a neck injury does not need specific medical intervention.

If you have been injured while working on an offshore rig or platform, you are protected under the Jones Act and can be compensated for your injuries.

Non-Hodgkin’s Lymphoma Caused from Benzene Exposure

As a maritime worker, you are already aware of the dangers of your job. However, you may not have considered the fact that exposure to certain toxins could eventually result in a serious disease. If you are a barge worker, dock worker or offshore worker, you may have been exposed to a harmful substance known as benzene.

Benzene is defined as a colorless or light yellow liquid that evaporates into the air quickly. Benzene is found in most refined petroleum products, crude oil, gasoline, toluene, jet fuel, aviation gas, xylene and naphtha. Benzene on barges is especially dangerous not only due to its extremely flammable nature, but these toxic exposures can cause Multiple Myeloma, AML Leukemia, Aplastic Anemia (AA), Non-Hodgkin’s Lymphoma, myelodysplastic syndrome or myelodysplasia (MDS), blood cancers and certain bladder cancers.

Even though benzene is known as a carcinogen, it still ranks in the top 20 chemicals for production volume. Workers can be exposed to high levels of benzene when they work with petroleum products. Benzene exposure usually occurs by breathing the toxin through your lungs or by absorbing it through your skin when working with solvents. Industrial solvents, gasoline fumes, oil and coal emissions and paint can all lead to significant benzene exposure.

It has been estimated that millions of workers are exposed to benzene every year in the United States. Even low levels of exposure can cause cancer, such as Non-Hodgkin’s Lymphoma. This type of cancer can occur at any age and is generally identified through enlarged lymph nodes, fever and weight loss. Non-Hodgkin’s Lymphoma is a “cancer that originates in your lymphatic system, the disease-fighting network spread throughout your body.” Tumors often develop from lymphocytes, which is a type of white blood cell. This cancer is more than five times as common as other types of lymphoma.

The number of cases of Non-Hodgkin’s Lymphoma has increased in the United States since the 1970s. In 2008, there have been 66,120 new cases of Non-Hodgkin’s Lymphoma and 19,160 deaths caused by this cancer. Some of the symptoms of Non-Hodgkin’s Lymphoma, according to the Mayo Clinic include:

  • Fever
  • Night sweats
  • Fatigue
  • Weight loss
  • Abdominal pain
  • Chest pain
  • Breathing difficulties
  • Severe itchy skin

The treatment optionsfor Non-Hodgkin’s Lymphoma typically include chemotherapy, radiation, stem cell transplantation, biotherapy, radioimmunotheraphy and interferon therapy. Recovery from Non-Hodgkin’s Lymphoma is possible, but the costs of medical care are often high. If you have developed Non-Hodgkin’s Lymphoma while working offshore, you may be entitled to compensation under the Jones Act or other General Maritime Law. You may be able to recover damages for medical expenses, lost wages, pain and suffering and mental anguish.

Fall Injuries on a Vessel

Slippery surfaces, oily decks and old, worn down stairs can all cause a potentially serious fall accident. Seamen who work on boats, rigs, barges, tugs, tows and other vessels can be in danger of sustaining a fall injury, especially if the owner or other responsible party does not take appropriate safety measures.

Every year, thousands of people are injured by falls and unfortunately some of those injuries are fatal. In 2007, there were 835 deaths caused by fall accidents in the United States. Within the maritime industry, slip and fall accidents are one of the most common causes of injuries among workers.

As a maritime worker, you regularly walk on surfaces that are wet and often slippery. When proper maintenance has not been done on a vessel, broken or worn down stairs, ladders or decks can create a hazard for workers. Defective platforms, machinery or equipment can also cause serious fall accidents offshore. Vessel owners can decrease the chances of fall accidents by using non-skid coatings on the areas where seamen regularly work. However, often times vessel owners do not take safety precautions to protect workers from fall accidents, which can make them liable for damages associated with the injuries.

Some of the common injuries resulting from fall accidents that occur offshore include the following:

  • Bone fractures
  • Spinal cord injury
  • Traumatic brain injury or head injury
  • Neck injury
  • Back injury
  • Death

If you have been injured in a fall accident that occurred on a vessel, you may be entitled to compensation under the Jones Act. Vessel owners can be held responsible for not taking appropriate measures to protect workers and for not properly maintaining the vessel. A successful Jones Act case could enable you to recover monetary damages for medical expenses, pain and suffering, lost wages, both past and present, mental anguish and other costs associated with your injury. Contact an experienced maritime attorney today to find out if you have a case for your fall injury.

Offshore Rig Injuries and the Jones Act

Many offshore rig workers who have been injured do not realize their legal right to compensation. If you have been injured on an oil rig, drill barge, semi-submersible or other vessel, your injury case will most likely be covered under the Jones Act and General Maritime Law.

Injuries that occur on a drill barge, oil rig, semi-submersible or other vessel tend to be serious and often require a lengthy recover. Some of the common injuries associated with oil rig accidents include:

  • Back injury
  • Neck injury
  • Spinal cord injury
  • Head injury
  • Traumatic brain injury
  • Broken bones

There are many potential causes of rig accidents, including:

  • Equipment that malfunctions
  • Defective machinery
  • Explosions
  • Falling debris
  • Toxic chemical exposure
  • Vessel crashes
  • Slippery surfaces

The Jones Act allows injured maritime workers to pursue compensation for their offshore injuries. To be entitled to this compensation, known as maintenance and cure, you must be considered a seaman. By definition, a seaman is a member of the crew of a vessel or someone who is assigned to a fleet of vessels for his employer. In most instances, an oil rig, jack up rig, drill barge and other types of rigs are considered to be vessels in navigation even though they do not move under their own power, as they still move from one location to the next.

Under the Jones Act, if your oil rig injury was caused by negligence of your employer or other responsible party, you may be able to file a Jones Act claim. A successful Jones Act case could entitle you to a higher amount of compensation than maintenance and cure. For example, damages available for Jones Act cases include past and future medical expenses, pain and suffering, mental anguish, disfigurement and lost wages, both past and present.

If you were injured on a fixed platform, there are other laws such as the Outer Continental Shelf Lands Act and Longshore and Harbor Workers’ Compensation Act that provide legal protection and allow you to recover compensation.

Speak to a Maritime Lawyer

Contact an experienced maritime accident attorney at our law firm to help you determine the appropriate course of action for your offshore rig accident case. We offer a free and confidential legal consultation. There are deadlines as to when you can file an offshore injury claim, so it is important that you take immediate action following your injury by contacting a maritime lawyer.

The Bends – Causes, Symptoms, Treatment and Compensation

Commercial divers take a risk each time they plunge deep into the water. When a diver breathes gas under pressure, such as nitrogen, various complications can arise. As a diver breathes in nitrogen or other gases, the body cannot metabolize the substance, which can lead to a condition known as the bends, or decompression sickness. Every year, more than 500 people in the United States suffer from the bends.

The bends is caused by an increase in nitrogen in the air tank as the diver is descending into the water. According to eMedicineHealth.com, “for every 33 feet in ocean water, the pressure due to nitrogen goes up another 11.6 pounds per square inch, or 600 torr.” As the pressure increases due to nitrogen, the gas dissolves into the diver’s body tissues. Nitrogen cannot be used by the body and builds up over time. A commercial diver can suffer from the bends, if any of the following situations occur:

  • Diver ascended too quickly
  • Diver surfaced too quickly
  • Diver was in a pressurized caisson
  • Diving company was negligent
  • Improper decompression tables were used

The risk of developing decompression sickness is linked to the depth of the dive, the amount of time under pressure and the rate of ascent. Dive tables have been created to show what depths and dive times are less risky for development of the bends.

More than 50 percent of divers with the bends report symptoms within one hour of surfacing from the dive. Generally, all of the symptoms of the bends will surface within 24-48 hours. Some of the symptoms include:

  • Skin itching
  • Rashes
  • Swollen or painful lymph nodes
  • Head, neck or torso pain
  • Weakness on one side of the body
  • Numbness
  • Pains shooting down an arm or leg
  • Burning chest pain
  • Shortness of breath
  • Spinning sensation
  • Deafness
  • Vomiting

Someone experiencing the symptoms of the bends will most likely be admitted to the hospital for observation. The doctor will first focus on treating life threatening side effects of decompression sickness and may give the diver high-flow oxygen or IV fluids. The diver may be sent to a hyperbaric chamber for recompression. When hyperbaric oxygen treatment is immediately administered to the diver, there is generally a good prognosis.

If you have suffered the bends and are a commercial diver, the diving company may be responsible depending on what caused your dive injury. Contact our law firm today to find out if you have a case against your diving company. You may be entitled to compensation for your diving injuries.

Deepwater Oil Fields Pose Unique Dangers to Offshore Workers

As the demand for oil increases, so does the need for offshore oil drilling. In the United States, the western Gulf of Mexico is the only area where oil companies are allowed to drill. Deepwater oil fields in the Gulf of Mexico, which are more than 1,000 feet below water, have plenty of oil. However, the dangers for offshore workers on these drilling rigs are substantial.

Offshore oil drilling presents unique challenges, as oil is extricated from sandstone formations located five miles down in the ocean, which has to be shipped 150 miles to land. Some veteran offshore oil drillers remember the days when drilling two miles down into the ocean was considered a huge feat.

The industry’s first offshore well was drilled in 1947 near the Louisiana coast in water that was not much deeper than a swimming pool. Last year alone, 130 deepwater projects produced oil, according to Minerals Management Service. Chevron believes that by 2015, deepwater wells will account for one-quarter of offshore oil production versus 9 percent today.

Nearly one-third of the world’s deepwater rigs are active in the Gulf of Mexico and many of these rigs focus on the Lower Tertiary, which is an ancient formation that spans from Texas to Louisiana. This area is located far offshore and is believed to hold up to 2.8 billion barrels of hydrocarbons.

Even though the potential for oil is great in deepwater, offshore workers are faced with dangers that could cause serious injuries and death. Drilling rig workers have to battle hurricanes, toxic chemicals and strong currents that tug at the drill pipe. To drill in offshore oil fields, heavy equipment is needed, which also poses safety hazards to offshore workers.

Offshore oil drilling comes at a cost and frequently that cost is severe injuries suffered by workers. For example, offshore workers on oil rigs are often the victims of serious accidents, such as falls, chemical exposure, explosions and fires.

Your Legal Rights

If you have been injured while working on an offshore rig, you may be entitled to compensation for your injuries. Accidents on offshore oil rigs are sometimes caused by negligence and you can hold the vessel owner responsible. Contact the experienced offshore injury attorneys at our law firm for a free and confidential consultation. We will review your case to determine who was at fault for your injuries and the amount of compensation you deserve.

General Maritime Law

The ocean can be a treacherous place and if you are employed in the maritime industry, you know these risks firsthand. Maritime workers frequently handle heavy machinery and work in conditions that many people would consider extremely dangerous. There are laws that protect injured seamen, including the Jones Act and General Maritime Law.

Understanding General Maritime Law

General Maritime Law includes common law remedies available for maritime related accidents and provides additional rights and compensation for seamen beyond what is offered by the Jones Act. This common law gives legal rights to family members of deceased maritime workers. In addition, General Maritime Law protects injured maritime workers who are not considered seamen as defined by the Jones Act.

Under General Maritime Law, an injured seaman or longshoreman can file a lawsuit for negligence that resulted in the maritime injury against any responsible third party, who is not an employer. Passengers on ships and other vessels can also file general maritime claims for negligence that resulted in damages.

The Jones Act and General Maritime Law are similar in that both laws have deadlines as to when you can file a claim for your injury, which is known as statute of limitations. General maritime claims must be filed within three years from the date of your injury. In some situations, the statute of limitations can be even shorter and if you miss these deadlines, you could forfeit your right to recover monetary damages.

If you have been injured offshore, you may be confused as to what law applies to you. An experienced offshore injury attorney will be able to advise you on the applicable law that protects you, as well as your options to recover compensation for your maritime injuries. Compensation for maritime injuries varies depending on the details of the case. If you have sustained an offshore injury, you should not delay in seeking legal advice. You do not want to miss the deadline to file your injury claim. Contact a knowledgeable maritime injury attorney as soon as possible

Your Legal Rights

The Willis Law Firm has been representing injured maritime workers for over 25 years. Our law firm represents general maritime cases in the Gulf of Mexico, East Coast, West Coast, Inland Rivers – including Mississippi, Missouri, Kentucky and Ohio rivers, Great Lakes, Navigable Rivers and Canals, Fishing Waters of Alaska and the Intracoastal Waterway (IWC). We are committed to helping injured seamen and their families.

Drowning at Sea Cases

Nothing in life is more devastating than losing a loved one. If you have lost a family member who worked as a seaman, you need to be aware of your legal rights to compensation. When death occurs due to a drowning at sea, you may be able to recover monetary damages. Even though compensation won’t bring back your loved one, it can ease the financial burden that you may be experiencing because of your loss.

Working on the high seas is dangerous and can lead to serious and fatal injuries. Throughout the years, many seamen have been victims of drowning accidents, even though some of the accidents could have been prevented. Drowning is often the result of an unseaworthy vessel. If the vessel did not have a survival suit, life raft or other survival craft, or if any of these life saving devices failed, it could constitute an unseaworthiness claim. Under the Jones Act, ship owners can be held liable for unseaworthy vessels. If the drowning death was caused by an unseaworthy vessel, you may be able to file a claim under the Jones Act, which could entitle you to substantial compensation.

Drowning deaths can also occur when there is no safe access to the vessel. According to maritime law, a vessel operator and ship owner are required to provide the crew members and Captain with a safe access to and from the vessel. Many injuries and deaths happen when seamen are attempting to go from the vessel to the dock or crossing over vessel to vessel. If death occurs from trying to access the vessel, you may be able to obtain monetary damages.

Maritime law can be complex and because each case is unique, there may be different laws that apply. If your loved one was the victim of drowning while working offshore, you need to seek legal advice immediately. There are deadlines as to when you can file a claim against the ship owner or other responsible party and it is important to start your case as soon as possible.