Louisiana was the hardest hit state in the BP disaster that emptied somewhere in the neighborhood of 4.9 million barrels of oil into the Gulf of Mexico. Therefore, word of any offshore oil platform accident is bound to cause the state’s residents to take notice. Many are most likely paying particular attention to the Bureau of Safety and Environmental Enforcement’s (BSEE) report that an explosion occurred on the Echo Platform recently.
The platform is approximately 12 miles off the Louisiana coast. Operations were not being conducted on the platform at the time of the explosion, and it was reportedly contained. So far, there is no evidence that any oil spilled into the Gulf.
However, there were four workers injured in the blast — one of them fatally. The other three were taken to a hospital in the area to be treated for the injuries they suffered. No information was released regarding the nature of their injuries or their current conditions.
Fieldwood Energy — a company based in Texas — owns the platform. A spokesperson for BSEE indicated that an investigation is underway to determine the cause of the explosion. More information regarding the incident may be forthcoming in the days and weeks to come.
In the meantime, the workers who survived the accident and the family of the deceased worker may be entitled to benefits under the Jones Act, which provides benefits beyond the traditional workers’ compensation system for those who work on an offshore oil platform. Under the Jones Act, maritime workers are entitled to sue their employers for negligence. Therefore, in addition to receiving benefits through the workers’ compensation system such as medical expenses and lost wages, a separate claim may be appropriate if an investigation into the circumstances surrounding this incident indicates the employer was negligent in a manner that caused or contributed to the accident.
Maritime Workers
Captain Suffers Fatal Tugboat Injuries on Louisiana Canal
It can be challenging enough to navigate one boat through Louisiana’s waterways, but tugboats are often navigating for two vessels or large equipment. This adds another dimension to the tugboat captain’s calculations when it comes to obstacles such as bridges. Recently, one captain suffered fatal tugboat injuries when something went wrong as he went under a bridge on the Inner Harbor Navigation Canal (IHNC).
That day, a crane needed to be relocated. As the tugboat captain navigated his boat and the crane through the Louisiana IHNC — also called the Industrial Canal — he required a bridge to be raised in order to pass through. He requested that the bridge be raised to a certain height in order to assure that the crane and his boat could safely pass.
In fact, the bridge was raised higher than he requested, which should have allowed for easy passage under the bridge. However, something went wrong, and the arm of the crane hit a portion of the bridge. The crane then collapsed onto the tugboat’s wheelhouse, where the captain was located.
The Coast Guard, the Harbor Police and New Orleans firefighters and paramedics responded. Despite their efforts to save the 46-year-old captain, emergency medical responders pronounced him dead at around 1 a.m. It took some time to clear the scene, and it could take a while to determine precisely what happened.
While the man’s family waits for answers regarding what led to the man’s fatal tugboat injuries, they will be burying their loved one; not only is his loss difficult, but his family may also have questions about their financial future. A special set of laws governs benefits for maritime workers and seamen. Benefits paid by an individual’s employer are available for the family, but in addition to that, other remedies may be available. Depending on the circumstances, the Jones Act may allow this family to sue their family member’s employer. A review of the case by someone knowledgeable in this area may be beneficial in helping this family deal with the losses incurred as a result of this man’s untimely death.
Seaman Claims Employer Violated the Jones Act in Louisiana Suit
The federal government recognized decades ago that seamen and other maritime workers needed compensation for injuries suffered on-the-job with the passage of the Jones Act and the Longshore and Harbor Workers Act. The latter act provides for workers’ compensation benefits for workers that are not seaman. Louisiana seaman are most likely aware that the Jones Act provides that they may seek damages for injuries suffered through the negligence of fellow crew members, masters or vessel owners.
It is the owner of the M/V Maersk Alabama that is being sued by a seaman injured during a customs inspection last year. According to court documents, a custom’s officer ordered the seaman to clean a freezer on board the ship. While completing this task, the seaman fell. When he fell, he injured his back and knee.
He claims that his employer failed to timely pay him benefits after a determination was made that he was not fit for duty last July. He accuses his employer, Waterman Steamship, of failing to provide a safe work environment and for failing to provide the crew adequate training in safety procedures. He also claims the master and crew were inactive at the time of his accident.
Every Louisiana worker whether on land or sea deserves a safe work environment free from hazards known to cause injury. Even when employers do what they can to provide a safe work environment and proper safety training, injuries can still occur. When a seaman is injured on duty, he or she is entitled to seek financial damages from his or her employer under the Jones Act.