The Lady Mary, a 71-foot scallop boat based at Cape May in southern New Jersey, sank at approximately 5:00 AM on Tuesday, March 24, 2009. There were seven people aboard the fishing boat about 75 miles off the coast. The accident is expected to rank among the worst commercial fishing disasters in the history of the United States.

By Tuesday night, only one survivor had been found. Two of the three crew members were pulled from the icy water by a Coast Guard helicopter, but both later died.

More than 100 commercial fishermen have died at sea off the New Jersey coast, since reliable records started being kept in1931.

One of the worst accidents happened in 2001 when the Artic Rose sunk in the Bering Sea, which killed 15 people. The Aleutian Enterprise also sank in the same location in 1990, killing nine people.

All seven crew members in the recent accident off the New Jersey coast were wearing cold-water survival suits, according to the Coast Guard. However, a national search and rescue expert said that chances are not good for survival in 40-degree water.

The survivor, Jose Luis Ariese, told authorities that the members had lifesaving suits and abandoned ship, although he didn’t give a specific reason as to why they left the boat. Ariese had spent at least two hours in the icy water and was treated and released from the hospital.

What is benzene?

• Benzene is a chemical that is a colorless or light yellow liquid at room temperature. It has a sweet odor and is highly flammable.
• Benzene evaporates into the air very quickly. Its vapor is heavier than air and may sink into low-lying areas.
• Benzene dissolves only slightly in water and will float on top of water.

Where is benzene found and how is it used?

• Benzene is formed from both natural processes and human activities.
• Natural sources of benzene include volcanoes and forest fires. Benzene is also a natural part of crude oil, gasoline, and cigarette smoke.
• Benzene is widely used in the United States. It ranks in the top 20 chemicals for production volume.
• Some industries use benzene to make other chemicals that are used to make plastics, resins, nylon and synthetic fibers. Benzene is also used to make some types of lubricants, rubbers, dyes, detergents, drugs, and pesticides.
• Benzene is also used to make some types of lubricants, rubbers, dyes, detergents, drugs, and pesticides.

How is exposure to benzene possible?

• Outdoor air contains low levels of benzene from tobacco smoke, gas stations, motor vehicle exhaust, and industrial emissions.
• Indoor air generally contains levels of benzene higher than those in outdoor air.
• The benzene in indoor air comes from products that contain benzene such as glues, paints, furniture wax, and detergents.
• The air around hazardous waste sites or gas stations can contain higher levels of benzene than in other areas.
• Benzene leaks from underground storage tanks or from hazardous waste sites containing benzene can contaminate well water.
• People working in chemical plants, refineries and industries that make or use benzene may be exposed to the highest levels.
• Benzene is often transported in tanks on barges and chemical ships.

How is benzene harmful?

• Benzene can cause cells not to function correctly. For example, it can cause bone marrow not to produce enough red blood cells, which can lead to anemia. Benzene can also damage the immune system by changing blood levels of antibodies and causing the loss of white blood cells.
• The seriousness of poisoning caused by benzene depends on the amount, route, and length of time of exposure, as well as the age and preexisting medical condition of the exposed person.

What are the immediate signs and symptoms of benzene exposure?

People who breathe in high levels of benzene may develop the following signs and symptoms within minutes to several hours:

• Drowsiness
• Dizziness
• Rapid or irregular heartbeat
• Headaches
• Tremors
• Confusion
• Unconsciousness
• Death (at very high levels)

What are the long-term health effects of benzene exposure?

• Long-term benzene exposure, such as a year or more, will effect the blood. Benzene causes harmful effects on the bone marrow and can cause a decrease in red blood cells, leading to anemia. It can also cause excessive bleeding and can affect the immune system, increasing the chance for infection.
• Exposure to low and high levels of benzene containing products can cause cancers including AML leukemia, Multiple Myeloma, myelodysplastic syndromes MDS, Aplastic Anemia (AA), , acute myelogenous leukemia, and Non-Hodgkin’s Lymphoma (NHL).
• Some women who breathed high levels of benzene for many months had irregular menstrual periods and a decrease in the size of their ovaries. It is not known whether benzene exposure affects the developing fetus in pregnant women or fertility in men.
• Animal studies have shown low birth weights, delayed bone formation, and bone marrow damage when pregnant animals breathed benzene.
• The Department of Health and Human Services (DHHS) has determined that benzene causes cancer in humans. Long-term exposure to high levels of benzene in the air can cause leukemia, cancer of the blood-forming organs.

How is benzene poisoning treated?

• Benzene poisoning is treated with supportive medical care in a hospital setting.
• No specific antidote exists for benzene poisoning.
• The most important thing is for victims to seek medical treatment as soon as possible.

A head injury is defined as trauma that leads to a scalp, skull or brain injury. It is also commonly referred to as brain injury, contusion or head trauma. These types of injuries range in severity from a minor bump on the skull to serious brain damage. Seamen are especially susceptible to this type of maritime injury.

There are two classifications of head injury – closed and open. An open head injury, also known as a penetrating head injury, occurs when someone is hit by an object that breaks the skull and enters the brain. A penetrating head injury often occurs when a person is moving at high speed, such as in a car accident, or from a gunshot. Closed head injuries happen when there is a hard blow to the head from an object, but the skull is not broken. However, a closed head injury can still result in serious complications.

Some of the types of brain injury include concussion, traumatic brain injury and contusion, which is a bruise on the brain.

It has been estimated that millions of people suffer head injuries every year. The majority of these head injuries are not serious, because the skull provides the necessary protection for the brain. Yet, more than 500,000 head injuries are severe enough to require hospitalization.

Car accidents, falls, assaults and work-related accidents are all common causes of head injury. A head injury can also be caused by a maritime accident. In some instances, the head injury will lead to irreversible brain damage, which results from bleeding inside the brain or brain damage. A serious head injury can cause coma, chronic headaches, paralysis, seizures, loss of sensation and speech difficulties.

Understanding some of the signs of a head injury and giving first aid can help save that person’s life. Medical attention should be sought immediately if a maritime worker becomes unusually drowsy, behaves differently, experiences a severe headache or stiff neck, becomes unconscious or starts vomiting.

For years, lead has been known as a harmful environmental pollutant and health risk. There are many serious side effects of lead exposure, which is why the United States Environmental Protection Agency (EPA)called lead the “number one environmental threat to the health of children in the United States.” However, lead is also dangerous for adults. Most adults who are exposed to lead are in occupations where they are near lead. Within the maritime industry many workers are exposed to toxic levels of lead.

According to a recent study of occupational exposures to lead in shipfitters cutting and riveting lead-painted iron plates aboard an iron-hulled sailing vessel, many of the samples taken were above the Occupational Safety and Health Administration (OSHA)’s standard. Even more frightening was the fact that researchers found that workers who wore respirators had the same level of lead exposure as workers who wore no protective gear.

Lead can be found in the air, drinking water, food, soil and dust. One of the main sources of lead today is old lead-based paint. When lead-based paint is improperly removed by dry scraping, sanding or burning, it can cause harmful exposure. Older vessels that have lead-based paint can result in high concentrations of airborne lead particles. Workers may inhale lead dust and can increase the probability of lead ingestion if they eat, drink or smoke near contaminated areas.

Harmful Health Affects of Lead Exposure

Lead can affect all systems within the body, but symptoms do not surface until the level of lead in the body is very high. High levels of exposure can cause convulsions, coma and even death. Lead has also been known to cause:

• Poor muscle coordination
• Nerve damage
• Irreversible brain damage
• Renal disease
• Cardiovascular effects
• Reproductive toxicity
• Increased blood pressure

The earlier lead exposure is detected, the better the chances of avoiding permanent damage. Treatment of lead exposure usually includes medication that will remove the lead from the body. Unfortunately, not all of the damage caused by lead exposure can be reversed.

Who is liable for lead exposure?

Workers on ships, barges, rigs, tugs and other vessels are protected under the Jones Act. If the employer, vessel owner or other responsible party was aware of the lead exposure and did not take steps to rectify the situation or protect the crew, then they can be held liable. The Jones Act provides legal protection for seamen and can result in compensation for the injured worker.

The Willis Law Firm is experienced in representing Jones Act cases. If you have been exposed to lead when working on a vessel and have serious health problems as a result, contact our law firm immediately.

The daily tasks of a seaman or maritime worker can be strenuous and often dangerous. Rough seas, defective equipment and machinery, slippery surfaces and old, worn-down vessels all contribute to the perils a seaman faces when working offshore. Maritime workers frequently find themselves victims of serious injuries – injuries that impact their lives. Head injuries are especially common on vessels and it is important to understand that injured seamen have rights. If you have suffered a head injury while working offshore, you need to be aware of the symptoms, treatment and compensation available for this type of injury.

There are various types of head injury, which is defined as any trauma that results in injury to the scalp, skull or brain. Maritime workers are especially prone to closed head injuries, also known as concussions, caused by a hard blow to the head from hitting an object. A fall accident or assault onboard a vessel can lead to a closed head injury.

Depending on the severity of the head injury, it can cause irreversible brain damage. Even if the skull is not penetrated or fractured, the brain can still become bruised. When the head is struck by an object it can result in bleeding inside the brain or may damage the brain directly. Serious head injuries may lead to any of the following:

• Personality changes
• Speech and language difficulties
• Loss of sensation, hearing, vision, taste or smell
• Seizures
• Paralysis
• Coma

The symptoms of a closed head injury can surface immediately, but can also develop slowing, sometimes taking several hours to surface. Some of the signs of a serious head injury include:

• Loss of consciousness
• Drop in blood pressure
• Convulsions
• Fluid drainage from the nose, mouth or ears
• Severe headache
• Lack of coordination
• Vomiting
• Slurred speech
• Pupil changes
• Inability to see, hear, taste or smell
• Drowsiness

When there is bleeding inside the skull from a closed head injury, the doctor will need to find the location of the bleeding, severity of symptoms, other injuries and the progression of the symptoms, in order to determine the appropriate treatment. Surgery is often needed in closed head injury cases. Other treatment options include pressure monitors, medication to prevent seizures and antibiotics to prevent infection.

There are laws that protect injured seamen, harbor workers and longshoremen. If you have sustained a closed head injury and believe your employer or vessel owner was negligent, you may be able to obtain compensation for your injuries. Compensation may include damages for pain and suffering, lost wages, medical expenses, disfigurement and mental anguish. Contact a maritime attorney at our law firm today for a free legal consultation.

Work as a seaman, longshoreman or harbor worker can be dangerous. Frequently, duties must be performed even though the floors are slippery, the vessel is worn down or the equipment is not functioning properly. All of these factors can cause serious injuries for the maritime worker. When an employee falls or is struck in the head, it can result in a traumatic brain injury. Maritime workers may also suffer from heat strokes, heart attacks, frost bit and hypothermia when forced to work in extreme cold, hot or humid conditions on boat without the proper ventilation, equipment, gear and relief.

A traumatic brain injury, also called a head injury or TBI, is caused by a sudden trauma which ultimately results in damage to the brain. These injuries can occur when the head is hit violently by an object or when something pierces the skull and enters the brain tissue. According to the Centers for Disease Control and Prevention, one of the main causes of traumatic brain injury is falls, which accounts for 28 percent of all cases. It is estimated that 1.4 million people are victims of traumatic brain injuries each year in the United States and among those individuals, 50,000 will die and 235,000 will be hospitalized. The Centers for Disease Control and Prevention also estimates that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of a traumatic brain injury.

A head injury can cause a wide range of problems affecting thinking, language, learning, emotions, behavior and sensation. It can also result in epilepsy and increase the risk of Alzheimer’s disease, Parkinson’s disease and other brain disorders. Symptoms of a brain injury can be mild, moderate or severe depending on the damage to the brain. Someone who has a mild injury may have a headache, blurred vision, ringing in the ears and may or may not lose consciousness. A person with a moderate to severe brain injury may show the same signs, but may also experience the following:

• Headache that gets worse or won’t go away
• Vomiting or nausea
• Seizures
• An inability to awaken from sleep
• Slurred speech
• Loss of coordination
• Increased confusion

Little can be done to reverse the initial brain damage caused by trauma, but medical treatment should still be sought immediately after the injury occurrs. Doctors will work on stabilizing the patient to prevent further injuries. The medical personnel will focus on ensuring that proper oxygen is being supplied to the brain and the rest of the body, adequate blood flow is being maintained and blood pressure is controlled. Imaging tests will most likely be conducted to determine the extent of brain damage. Surgery is sometimes required for workers with traumatic brain injuries. Depending on the injury, the patient may have long-term disabilities.

If you or a loved one has been the victim of a traumatic brain injury caused by working on a barge, tug, ship or other vessel, you may be entitled to compensation. Contact a maritime attorney for advice regarding your case.

Fishing for a living is the single most dangerous occupations, according to the U.S. Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI). History has shown that fishermen have a 20 to 30 times greater risk of suffering a fatal job injury than all of the other occupations. Every year, there are 50 to 100 fishing fatalities on average.

Why is commercial fishing so dangerous?

Fishermen face certain perils that are unique to the occupation. Fishing vessels usually travel great distances, far out on the sea. These vessels sometimes encounter “rogue waves,” which are over 100 feet high. Rogue waves are often leftover waves from previous storms or a collection of ordinary waves and can hit even in relatively calm seas. A rogue wave is powerful and can easily destroy a commercial fishing vessel.

There are other hazards associated with commercial fishing. Electrocutions, homicides, being caught in winches or other machinery and aircraft crashes are all among the numerous causes of fishing fatalities. A maritime accident can occur when a fishing vessel hits a submerged rock or collides with another vessel in the fog. In fact, vessel casualties are one of the leading causes of fishing deaths.

Falling overboard is also a danger faced by commercial fishermen. A small wave can be strong enough to wash a worker overboard. Fishermen have also been known to go overboard after tripping on a tightened line or falling from a slippery deck.

Commercial divers account for a significant number of fishing fatalities each year, as they encounter challenges while working offshore. Crewmembers who have little training or experience are sometimes required o dive below water to untangle nets or lines, which places them in danger. Other hazards, such as adverse sea and weather conditions, murky water, unexpected shifts in underwater currents, air lines that have become entangled, malfunctioning scuba equipment and decompression problems can all lead to fatal diving injuries.

If you have been injured in a maritime accident, contact an experienced maritime lawyer today to learn more about your legal options.

Helicopters are used to transport offshore oil rig workers to and from the job site and to carry equipment and parts. When a helicopter crashes, the outcome is usually catastrophic. Last year, a helicopter crashed in the Gulf of Mexico as it carried oil platform workers. Five men died in the offshore helicopter accident. The crash prompted a lawsuit against Rotorcraft Leasing Co., LLC and Bell Helicopter Textron, Inc.

There are many known causes of helicopter accidents, including helicopter owner negligence, poor weather conditions, inadequate ground mechanics, excessive loads, poor maintenance and manufacturing defects. Helicopters are complex machines and many things can go wrong.

If negligence was involved in the helicopter accident, the company or person who was negligent may be held accountable. In the case of a defective part or design flaw, the manufacturer of the helicopter may be liable.

Helicopter accident cases are complex. If you or a loved one has been injured in a maritime helicopter accident, you may be able to pursue compensation. You need to contact an experienced maritime attorney who will explain your legal rights. Contact our law firm today to discuss your legal options.

The work environment on an offshore platform, also referred to as an oil platform or oil rig, can be dangerous. Surfaces tend to be oily and slippery, machinery can malfunction and fires can erupt, which increases the risk of a serious accident offshore. Cases involving platform injuries can be complex as there are different laws that protect workers.

The law that will apply to an offshore platform injury depends on whether the platform is fixed to the ocean floor or if it can be moved. In many cases, the platform is permanently fixed to the ocean floor, which could fall under the Longshore and Harbor Workers’ Compensation Act. If you have been injured on an offshore oil platform, you need to speak with an experienced maritime attorney who can determine the best course of action for your case.

Under the Longshore and Harbor Workers’ Compensation Act, longshoremen who work upon navigable waters in the United States may be entitled to compensation for their injuries. To qualify under this federal law, you must have a traditional relationship to maritime employment. The Longshore and Harbor Workers’ Compensation Act provides benefits for injured longshoremen, including medical care, lost wages and rehabilitation services. Temporary disability benefits are available when you are not able to immediately return to work. Temporary benefits equal 66 2/3 percent of your average weekly wages.

Injuries that occur on offshore oil platforms tend to become complicated. For example, there were various opinions regarding the benefits available to a man who was injured while living and working on an oil production platform. He applied for benefits under the Longshore and Harbor Workers’ Compensation Act, only to have his claim contested by the insurance company. The issue was whether or not he qualified under the Longshore and Harbor Workers’ Compensation Act, because the platform where he was injured was not used for maritime purposes. After his case went all the way to a U.S. federal appeals court, he was eventually able to qualify for benefits for maritime employees.

If you have been injured on an oil platform, you should seek legal advice immediately. An experienced maritime lawyer will be able to review your case to help you determine what law applies. In some situations, you may be able to file a claim against a third party under General Maritime Law.

If you have sustained an oil rig injury, there is some good news for you. There are laws that exist, which protect injured workers and allow them to obtain compensation for their injuries. Depending on the type of job you have, you may be entitled to a significant amount of money, especially if negligence was involved.

The Jones Act is a federal law that protects the rights of injured seamen. To qualify for compensation under this law, you must be classified as a seaman, which is basically someone who works on a vessel or is assigned to a fleet of vessels for his employer. Movable or jack-up drilling rigs are considered vessels, so if you work on one of these types of rigs, you should be considered a seaman. If you work on a fixed platform, you are not classified as a seaman, but there are other laws that protect you.

Under the Jones Act, you can pursue compensation for lost wages, pain and suffering, medical expenses, mental anguish and disfigurement. This compensation is generally available when the vessel owner, employer, co-workers, operators or officers were negligent in some way, which led to your maritime injuries.