On August 19, 2011, a Harris County jury unanimously confirmed WesternGeco Resources, Inc. as responsible for living expenses (maintenance) and medical care (cure) for an injury to the medic onboard its seismic vessel M/V GILIVAR off the shore of Equatorial Guinea in 2006. In addition to confirming that WesternGeco was responsible for maintenance and cure payments, WesternGeco was required to pay damages for unreasonable denial.
The jury rejected the claims by WesternGeco (a Houston-based subsidiary of Schlumberger) that it did not exercise any control over the operations or crewmembers onboard the vessel, the jury found in the first reported instance responsible as a “borrowing employer” for a crewmember placed and paid by a third-party contractor, Wadleigh, Inc.
In the aftermath of the BP oil rig explosion and spill, the Obama administration placed a moratorium on oil drilling. Since then, the moratorium may have officially been lifted, but the permitting process for rigs has grinded almost to a halt.
Ten oil rigs have left the Gulf of Mexico in recent months for distant oil fields in South America and Africa. Of the rigs still under contract to operate in the gulf, sixty percent are idle, according to the Financial Times. Idle tug boats, helicopters and other equipment involved in maritime cargo and personnel transfers cost their owners money every day. Others involved in the oyster and shrimp industries still await a positive outcome for claims arising from the BP oil spill.
Some commentators are pointing the finger at the Department of the Interior for mismanagement of the permitting process. Both shallow-water and deepwater permits are tracking well below historical levels.
Oil Rigs Relocating
The lack of drilling activity in the Gulf has caused many oil rigs to leave for greener pastures – rigs are leaving in record numbers for oil fields in South America and Africa. Consequently, U.S. workers on these rigs are also leaving for these foreign waters in an attempt to earn the paycheck their families desperately need.
Tragically, some of the U.S. workers leaving for South America and Africa will be injured on the high seas while drilling for oil. Fortunately though, working outside of U.S. waters does not leave a rig worker without remedies. The Jones Act may allow an American oil rig worker to hold his employer liable for injuries the worker sustains because of the employers negligence.
Generally, injured workers may make claims for personal injury, which can include compensation for lost wages and medical bills. Moreover, the family of a deceased rig worker can bring a wrongful death claim in the unfortunate event that a loved one is killed while working on an oil rig.
If you are an American rig worker, who has been injured while working on an offshore oil rig, whether in United States or international waters, an experienced Maritime attorney can advise you of your rights and options.
On January 13, 2012, the Costa Concordia, a cruise ship operated by Carnival Cruises, ran aground off the coast of Italy. The shipwreck has resulted in the loss of crewmembers and passengers, with several people still missing. Still many other of the ship’s passengers sustained serious injuries.
Despite the potential liability of Carnival, affected crewmembers, passengers, and their families could face hurdles in pursuing legal action against the cruise line.
As with the Costa Concordia, most cruise lines include arbitration and forum selection clauses in their travel and employment contracts, which are designed to limit the ability of injured persons to bring suit and the locations that they may do so. Many travelers and even crewmembers are completely unaware of the existence of such clauses, which are usually buried in fine print of their booking or employment documents.
Doyle frequently handles personal injury and wrongful death claims arising from maritime accidents.
Doyle filed suit against Transocean on behalf of a seaman who was injured while working on a drilling vessel in June 2010. Transocean’s negligence in operating its drilling vessel caused a large piece of metal to come loose and strike him in the head, and resulting in serious and permanent injuries to the seaman. The suit was filed in Harris County, Texas on March 5, 2012.
Doyle has filed a Jones Act lawsuit against Helix Energy Solutions on behalf of a seaman who suffered a serious injury to his hand while working aboard a pipe-laying vessel in the Gulf of Mexico on February 17, 2010. Unfortunately, the vessel was not properly maintained by Helix, leading to unsafe working conditions. As a result, the seaman slipped and fell down a staircase, causing him to severely injure his left hand.
