Experienced Maritime Attorneys BLOG

Coast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass.

rabbott — Wed, 22 Feb 2012 13:00:10 +0000

The U.S. Coast Guard recently rescued a maritime worker who was experiencing symptoms of a possible heart attack while on a fishing vessel about 60 miles southeast of Nantucket, Mass. The 46-year-old’s symptoms included severe chest pains, heavy breathing, and tingling, clammy hands, prompting his shipmates to contact the Coast Guard for assistance. A Coast Guard helicopter transported the man to a hospital in Cape Cod.

Unfavorable sea conditions and the boat’s rigging prevented the helicopter crew from being able to lower a rescue swimmer down to assist the man, and they instead had to lower a rescue basket onto the deck of the vessel. The man climbed in the basket and was lifted safely into the helicopter. Once aboard the helicopter, the man received life-saving medications while en route to the hospital.

When maritime workers are sick or injured at sea, they cannot simply call 9-1-1 to request an ambulance or hop in a car and drive to the hospital. They must rely on their fellow crewmembers and the Coast Guard in the event they need medical attention for a serious injury or illness.

Several maritime laws protect injured and sick maritime workers, including:

Jones Act
Longshore Act
Maintenance and cure laws
Unseaworthiness and defective equipment laws

Did you sustain an injury or fall ill while working in the maritime industry? A Boston maritime attorney has the requisite knowledge and experience to determine which maritime laws apply to your case and to help you obtain the full amount of compensation to which you may be entitled. Maritime law differs from general personal injury law, making it important to work with an attorney who specializes in maritime litigation.

Latti & Anderson LLP – Boston maritime lawyers

COSTA CONCORDIA Fuel Removal Gets Underway After Two Weeks of Delays

rabbott — Mon, 20 Feb 2012 13:00:40 +0000

After two weeks of delays due to rough seas and unfavorable weather conditions, crews began pumping fuel from the capsized COSTA CONCORDIA on Feb. 12. The ship sits off the coast of Tuscany, Italy, where it ran aground on Jan. 13, claiming the lives of at least 17 passengers and crewmembers. Another 15 people remain missing and are presumed dead.

Fuel removal equipment arrived at the accident site on Jan. 24 and pumping was expected to begin on Jan. 28, but rough seas that morning dislodged a barge attached to the ship’s hull. Because the ship capsized in waters that are part of a protected marine sanctuary, concerns about fuel leaks have abounded since the accident occurred. Despite a growing sense of urgency, workers had to wait for optimal weather and sea conditions in order to minimize the risk of complications that could jeopardize the ecologically sensitive area. So far, there have not been any reports of serious leaks.

Dutch shipwreck salvage firm Smit Salvage is in charge of the fuel removal operation. The ship has around 500,000 gallons of fuel onboard, and officials have said pumping will continue for 28 consecutive days. The salvage master heading up the operation said he was hoping to have the majority of the fuel removed within a week and that crews were starting with six tanks in the front of the ship believed to hold about 62-65 percent of the fuel.

For victims of the COSTA CONCORDIA disaster, the healing process may take much longer than the fuel cleanup. If you are a survivor this tragic cruise ship accident or have a loved one who was killed or remains missing, contact a Boston maritime attorney today to learn about your rights under maritime law.

Latti & Anderson LLP – Boston maritime lawyers

Seeking Compensation for a Maritime Hand or Foot Injury

rabbott — Fri, 17 Feb 2012 13:00:02 +0000

Whether working on a vessel as a crewmember or seaside as a longshoreman, maritime workers frequently risk having their hands and feet crushed, severed, broken or otherwise injured. A worker’s hand or foot can become entangled in a moving line or caught in equipment. It can also be crushed between a vessel and a dock or by falling objects. Severe hand and foot injuries may result in permanent damage or require amputation.

If you sustain a hand or foot injury on a vessel, in a shipyard, or on a dock or pier, a maritime attorney can help you seek damages. Depending on the particular circumstances of your case, you may be entitled to compensation for past and future:

Medical expenses, including future prosthesis and care
Lost wages
Pain and suffering
Mental anguish
Physical disfigurement

It is important to work with a qualified maritime attorney, because you will have to prove the injury was not your fault and was caused by negligence or an unseaworthy condition, such as:

Defective equipment
Missing or improper guard on equipment
Missing or inadequate safety equipment on a vessel
Inadequate training regarding equipment or line handling
Improper handling of equipment by another party

Maritime law differs from general personal injury law. As such, if you were injured while working dockside or at sea, you need an attorney dedicated to maritime litigation who has the knowledge and experience to pursue claims under the Jones Act, Longshore Act and general maritime law.

Is a hand or foot injury keeping you out of work? Contact a Boston maritime attorney today.

Latti & Anderson LLP – Boston maritime lawyers

Maritime Law Protects Injured Dockworkers

rabbott — Wed, 15 Feb 2012 13:00:59 +0000

Last month, a storage container fell from a crane and killed a dockworker at the Port of Long Beach. In August, a Philadelphia longshoreman died from a fall. As these accidents suggest, working shore-side can be dangerous. Dockworkers, also known as longshoremen, risk serious injury and death in their line of work. They utilize heavy loading and unloading equipment, lift and stow cargo, and handle hazardous materials.

Shipyard, dock and pier accidents can result in:

Traumatic brain injuries
Back and neck injuries
Hand and wrist injuries
Knee, leg or foot injuries
Burns
Amputations
Death

Some injured dockworkers suffer permanent scarring, disfigurement, or physical and mental impairments, and sometimes their injuries prove so severe that they lose the ability to earn a living. If you become seriously injured while working on a dock, your medical expenses and lost wages may reach the millions.

Dockworkers generally qualify for compensation under the Longshore Act, which provides:

Two-thirds of a worker’s average weekly wage while he or she is totally disabled, whether the disability is permanent or temporary
Medical treatment and equipment
Vocational rehabilitation for permanently disabled workers
Damages for lost body parts
Death benefits for survivors

Some longshoremen may also be covered by the Jones Act. A maritime attorney can review your case to determine which maritime laws apply and will help you obtain the full amount of compensation to which you are entitled. The Longshore Act only allows claims up to one year after the accident, making it important to consult a maritime attorney right away.

Were you injured while working as a longshoreman? A Boston maritime attorney can advise you of your legal rights.

Latti & Anderson LLP – Boston maritime lawyers

When a Maritime Worker Suffers a Traumatic Brain Injury

rabbott — Mon, 13 Feb 2012 13:00:44 +0000

One of the most serious injuries a maritime worker can sustain is a traumatic brain injury (TBI). According to the Centers for Disease Control, TBIs contribute to one-third of all injury-related deaths in the U.S. While not all TBIs are deadly, a brain injury can permanently alter one’s life. Recovering from a moderate to severe TBI can take months, years or even a lifetime. Victims of severe brain injuries often suffer permanent impairments affecting their:

Cognitive abilities
Sensory processing
Ability to communicate

Some TBI victims also suffer long-term medical complications like epilepsy. A traumatic brain injury can cost millions in medical expenses and lost wages.

TBIs frequently occur in maritime accidents involving:

Falls
Electrocution
Being hit by falling equipment
Crane mishaps

If you are a maritime worker who sustained a traumatic brain injury on a vessel, in a shipyard or on a dock, a maritime attorney can help you seek compensation for:

Past and future medical expenses
Lost wages and loss of future earnings
Pain and suffering

It is important you work with an attorney who specializes in maritime law, because it differs from general personal injury law. Depending on the specifics of your accident as well as what type of maritime work you perform, the Jones Act, Longshore Act and/or general maritime law may offer you protections.

A maritime attorney not only understands injuries on water, but also has the resources to:

Conduct an investigation on your behalf
Consult medical experts to learn the extent and nature of your injury
Confer with planners to ascertain the cost of your ongoing care

Did a traumatic brain injury change your life? Contact a Boston maritime attorney today to learn about your rights under maritime law.

Latti & Anderson LLP – Boston maritime lawyers

Understanding Your Rights Under Maritime Maintenance and Cure Laws

rabbott — Fri, 10 Feb 2012 13:00:02 +0000

Since the early 1800s, ship owners have been responsible for providing care to seamen who sustain an injury or fall ill while working. Today, this care is known as maintenance and cure, which is available to any seaman injured on the job, regardless of who caused the injury. Unfortunately, not all employers follow the letter of the law. Some employers refuse to pay required maintenance and cure at all, while others offer less than they are supposed to pay. In those situations, a maritime attorney steps in to protect the employee’s rights and resolve the matter in court.

Under maritime law, seamen who fall ill or become injured while in the services of a ship are entitled to food and lodging while they recover, which is known as maintenance. Maintenance covers daily living costs, including rent or mortgage, heat, gas, electricity, water, sewer, and groceries. A maritime attorney works to ensure you receive the full amount of maintenance to which you are entitled under the law.

Cure, on the other hand, is compensation for necessary medical expenses. Seamen have the right to choose their own doctor when seeking treatment for a job-related injury or illness. Sometimes, however, an employer or insurance company pressures a seaman to receive care from a particular provider. A maritime attorney protects your right to choose your own physician and helps ensure your medical expenses are paid in accordance with the law.

Non-maritime attorneys may not fully understand maintenance and cure laws or the Jones Act, which also protects injured seamen, making it important to work with an attorney who specializes in maritime litigation. Do not risk the success of your case — contact an experienced maritime attorney today.

Latti & Anderson LLP – Boston maritime lawyers

Prevailing Under the Jones Act

rabbott — Thu, 09 Feb 2012 13:00:49 +0000

In 1920, Congress enacted the Jones Act to establish protections for maritime workers who sustain an injury while working at sea. Seamen cannot receive regular workers’ compensation for job-related injuries, but they do have the option to sue their employer under the Jones Act, as well as under unseaworthiness and defective equipment laws. The Jones Act not only allows seamen to obtain compensation for work-related injuries, but also to have their claim decided by a judge or jury.

To prevail under the Jones Act, you must prove:

You are a seaman (or you were at the time of your injury)
You suffered the injury while working
Your employer was negligent
The negligence of your employer caused your injury (at least in part)

A maritime attorney can evaluate your claim to determine if the Jones Act or other maritime laws apply in your particular case. It is important to work with an attorney who specializes in maritime law, because before proceeding with a Jones Act claim you must:

Determine if you are considered a seaman in the eyes of the law and prepare to support that determination with evidence in court
Evaluate whether your employer was negligent, how that negligence contributed to your injury, and prepare to prove negligence in court
Identify the appropriate venue in which to file your claim and the time limits you have for filing it

The Jones Act is a complex aspect of maritime law. If you were injured while working at sea, contact Latti & Anderson LLP to ensure your case is handled by an experienced maritime attorney.

Latti & Anderson LLP – Boston Jones Act attorneys

Injured While Working in the Maritime Industry? Learn About Your Rights

rabbott — Wed, 08 Feb 2012 13:00:29 +0000

Maritime workers who sustain an injury or contract an illness on the job have certain rights under maritime law. Some of the laws protecting maritime workers are:

The Jones Act, which protects seamen injured during the course of their employment and due to their employer’s negligence
The Longshore Act, which protects maritime workers who are not crewmembers of a vessel when they are injured or contract an occupational disease on navigable U.S. waters or on docks, piers, marine terminals or marinas
Unseaworthiness and defective equipment laws, which protect seamen working aboard a vessel whose injuries result from unseaworthy conditions or defective or missing equipment
Maintenance and cure laws, which require maritime employers to provide seamen food and lodging if they fall ill or sustain an injury while working on a ship and to cover their necessary medical expenses

Unfortunately, these maritime laws do not enforce themselves. If you are injured or become ill while working in the maritime industry, consult an attorney who specializes in maritime litigation and knows which laws apply to which workers.

An experienced maritime attorney will conduct an investigation on your behalf — separate from the one conducted by your employer and the insurance company — and ensure your claim is filed in the proper venue and within the applicable statute of limitations. Without a maritime attorney on your side, you may not receive the compensation to which you are entitled under the law.

Latti & Anderson LLP – Boston maritime lawyers

Middleborough Woman Dies on Royal Caribbean Cruise After Falling Down Staircase

rabbott — Tue, 07 Feb 2012 13:00:00 +0000

On Jan. 30, Middleborough, Mass. resident Barbara Wood, 47, fell down a staircase on Royal Caribbean’s Liberty of the Seas, hit her head and died aboard the ship. Reportedly, Wood was leaving the onboard Catacombs nightclub when the accident occurred. She received treatment in the ship’s infirmary but was pronounced dead at 2:50 a.m. Although authorities do not suspect foul play, an autopsy will be performed to identify the exact cause and manner of Wood’s death.

Wood died on the final night of a five-day cruise. According to Royal Caribbean, the incident occurred while the ship was in international waters off the coast of Florida. When cruise ship accidents like this leave a family reeling from the unexpected loss of a loved one, a maritime attorney can help the family understand their legal rights.

In some cases, if the incident occurred beyond three nautical miles of a U.S. shoreline, the Death on the High Seas Act (DOSHA) applies. DOSHA allows family members of deceased passengers or crewmembers to seek damages from the operator or corporation responsible for their loved one’s wrongful death. However, the damages are very limiting. In cases where DOSHA is not applicable, other maritime laws and/or state laws may apply depending on whether your loved one died as a passenger and the location of the vessel at the time of the injury death, or whether your loved one was a crewmember.

Also, there are many limitations as to where and when a lawsuit must be brought as a result of a claim, so it is important that you contact a maritime attorney to help you understand the law so you can preserve your rights.

The laws surrounding wrongful death at sea are complex and not all attorneys understand them. An attorney who specializes in maritime law has the knowledge and experience to help you receive fair and just compensation for your unfortunate loss. Contact a Boston maritime attorney at Latti & Anderson LLP today, before it’s too late to file a wrongful death claim on behalf of your loved one.

Latti & Anderson LLP – Boston maritime lawyers

Class Action Lawsuit Filed in Florida on Behalf of COSTA CONCORDIA Survivors

rabbott — Mon, 06 Feb 2012 13:00:50 +0000

Last Tuesday, a New York personal injury attorney announced the filing of a $460 million class action lawsuit in Florida on behalf of more than 500 passengers who survived the COSTA CONCORDIA disaster. Despite Costa’s ties to Florida, according to Boston maritime lawyer Carolyn Latti, it is unlikely this class action lawsuit will make it very far in U.S. courts.

Passenger tickets for the ill-fated COSTA CONCORDIA stipulate that lawsuits must be filed in Italy. According to Latti, “U.S. courts have upheld the validity of cruise line’s passenger tickets when determining where lawsuits should be filed, making an Italian courtroom the appropriate venue for claims related to the COSTA CONCORDIA tragedy.” The attorney who filed the class action case has himself acknowledged that Florida courts may not accept the lawsuit due to the passenger ticket terms.

This lawsuit comes on the heels of a compensation offer by Costa Cruises to pay uninjured survivors approximately $14,500. As Latti points out, “Even though a Florida courtroom is not the proper venue for it, the filing of this class action suit does send a strong message to Costa that survivors do not accept the insulting compensation offer for their terrifying experience of being aboard a cruise ship when it ran aground and capsized.” Latti believes COSTA CONCORDIA survivors are entitled to fair and just compensation for the traumatic ordeal they endured, which the cruise line has failed to offer at this point. If you are a survivor of this maritime disaster or your loved one was killed or is missing, contact Latti & Anderson LLP today to learn about filing a claim where it will have the most force.

Latti & Anderson LLP – Boston maritime attorneys