Offshore Injury

Supreme Court Considers Definition of “Vessel” Under Federal Maritime Law

November 13, 2012 | by Broussard, David & Moroux

The U.S. Supreme Court began its 2012 term hearing a case that could clarify whether floating structures qualify as vessels under federal maritime law. The determination of this issue could have a serious impact on floating homes and floating businesses.

In Lozman v. Riviera Beach, Fane Lozman, a Florida man living in a floating home off of Riviera Beach, and the city of Riviera Beach disputed whether Lozman’s home was a vessel or house for eminent domain purposes. After Lozman refused to register his floating home with the city, the city used federal maritime law to put a lien on the boat as a vessel.

Helicopter Carrying 19 Oil Rig Workers Forced to Ditch

October 30, 2012 | by Broussard, David & Moroux

A helicopter carrying 19 men to an oil rig in the North Sea was forced to ditch when mechanical issues were reported by the pilot. The investigation of the ditching is ongoing, but a failed gear-box is believed to be a factor.

A nearby tanker and helicopter offered assistance and all 19 passengers made it safely out of the helicopter. This accident mirrors a 2009 ditching also caused by failed mechanical gear components. That 2009 incident was also in the North Sea and resulted in the death of 16 individuals.

Gulf of Mexico Oil Platform Fire Extinguished

October 9, 2012 | by Broussard, David & Moroux

A fire started on a W&T Offshore oil platform in the Gulf of Mexico last week about 30 miles off the coast of Louisiana. The company evacuated the platform and extinguished the fire. One worker reported minor injuries.

The Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are federal statutes that cover maritime workers who are injured on the job. These laws offer maritime workers legal protection and entitle workers to compensation for their injuries. The circumstances surrounding an injured worker’s employment will determine which statute applies to the worker.

Gulf of Mexico Plane Crash

May 17, 2012 | by Broussard, David & Moroux

A small private plane crashed in the Gulf of Mexico last week, tragically killing the pilot, the sole person on board. While in flight, the pilot became unresponsive to air traffic control. The plane soon began to fly erratically in circles before crashing into the Gulf of Mexico. Investigators are still searching to determine the cause of the accident.

Statistics reveal that private planes are far more dangerous than commercial airlines. Private planes undergo less government regulation than commercial airlines, which can lead to a lack of routine maintenance and mechanical failures. In addition, private plane pilots also undergo less training than commercial pilots. With less training, private pilots are often unable to handle emergency situations and to respond to sudden changes in the weather.

BP Oil Spill Settlement Reached

March 8, 2012 | by Broussard, David & Moroux

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP’s estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs’ lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

Ship Fire Leads to Question of Vessel Safety on Capitol Hill

February 16, 2012 | by Broussard, David & Moroux

A Costa cruise ship caught fire early this week, leaving over 1,000 passengers stranded in the Indian Ocean. After the ship’s generator room caught fire, the ship was left without electricity and began to drift. Authorities rushed to the liner to help passengers and to search for the cause of the accident.

This fire occurred only one month after Costa’s Italian cruise tragedy that killed over 25 people and left seven others missing. In light of these two accidents, Congress met to evaluate the safety of cruise ship vessels using U.S. ports. The hearing reviewed the adequacy of current U.S. cruise ship safety regulations and sought to find a cause of last month’s deadly accident.

Italian Cruise Tragedy

January 16, 2012 | by Broussard, David & Moroux

Authorities continue to search for the cause of the tragic Italian cruise ship accident that injured and killed several passengers. The Italian liner suspiciously ran aground and rolled on its side last month. In a public statement, Costa Cruises, the ship’s owner, alleged that captain error caused the fatal disaster.

Although cruise ship accidents are uncommon, cruise ships pose hidden dangers. All too often, an error on the part of the ship’s captain or crew can lead to harmful consequences. Cruise ships typically transport large groups of people in a confined space, increasing the possibility for serious injury. For this reason, cruise ship companies have a duty to adequately screen and train all employees, especially ship captains. A liner’s captain and crew are also under a duty to safely navigate, operate and maintain the ship while at sea. If these employees fail to maintain reasonably safe conditions on the ship, in certain circumstances the company may be held legally responsible for a passenger’s injury.

More Drilling May Equal More Injuries

January 9, 2012 | by Broussard, David & Moroux

Almost two years after the anniversary of the BP Oil Spill, reports indicate that deep gulf drilling in the Gulf of Mexico is flourishing once again, with oil companies drilling deeper than ever before. Oil companies believe that deep fields in the Gulf of Mexico may contain enough oil to meet the United States’ energy needs for almost two years.

Although deep gulf drilling poses economic benefits, widespread deep gulf drilling also raises concerns about offshore worker safety. As seen in the aftermath of the BP Oil Spill, deep gulf drilling poses even greater safety risks for offshore workers and the environment. Oil companies already have a legal responsibility to maintain safe working conditions for their workers. However, the deeper the drilling, the greater the need for oil companies to maintain adequate safety equipment and procedures.

In the event of an offshore accident, the Longshore and Harbor Workers’ Compensation Act (LHWCA) protects certain maritime workers who sustain injuries on the job. The statute is a workers’ compensation scheme that provides financial assistance to an injured offshore worker for his wages, reasonable medical expenses and vocational rehabilitation. The statute also protects injured workers from unjust termination or retaliation.

BP Oil Spill Update

November 7, 2011 | by Broussard, David & Moroux

A federal court judge recently ruled that the Mississippi attorney general’s lawsuit against the Gulf Oil Spill Fund’s administrator must be heard in state court. The judge ordered the case to be heard in state court because the lawsuit was brought under Mississippi’s consumer protection laws.

In his claim, Mississippi’s attorney general seeks to obtain the Gulf Coast Claim Facility’s administrative records. The attorney general believes that the records will reveal a lack of transparency in the claims administration process, including the denial of many legitimate claims and inequitable payments to claimants. Kenneth Feinberg, the Gulf Coast Claims Facility Administrator, denied these allegations and refused to hand over the records, claiming that the records were irrelevant to individual claims.

With an already expired Gulf Coast Claim Facility deadline for filing claims, a state court judge’s ruling could result in greater government intervention in the claims process. The Facility’s lack of transparency has troubled many victims of the Gulf Oil Spill and has also led to frustration and skepticism about BP’s intentions.

2 Louisiana Workers Killed in Work Injury Accidents

October 31, 2011 | by Broussard, David & Moroux

Two Louisiana workers suffered fatal work-related injuries this month. In Houma, a Gulf Island Fabrication worker was killed when a cable at his work site loosened in the process of moving a 700-pound metal sheet piling. Also, a R&R Construction contractor was electrocuted and killed while working on a chlor-alkali unit.

These two tragic accidents highlight the critical need for employers to maintain safe working environments for workers, especially in the construction industry. The construction industry remains one of the most dangerous industries for workers, and all too often many of these hazards stem from employer negligence.

Employers are legally required to provide a reasonably safe work environment and to warn workers of all hazards associated with their work. If an employer fails to meet these requirements and this failure causes an employee’s injury, the employer may be held legally responsible for the injury. Examples of employer negligence include an employer’s failure to implement adequate safety procedures and an employer’s failure to properly train employees. An employer may also be held liable if it knowingly subjects its employees to dangerous working conditions.