Norfolk Personal Injury Lawyer Blog

Carbon monoxide scare at Norfolk shipyard

We’ve all heard of the dangers associated with carbon monoxide exposure – these days, detectors of the silent killer are routinely installed in homes along with fire alarms and smoke detectors.

The Virginian-Pilot reported today that the dangers of carbon monoxide poisoning were felt in Norfolk yesterday, when six employees of a shipyard subcontractor (BAE Systems) had to be transported to a hospital following exposure to “high levels” of carbon monoxide.  The workers were cleaning the tank of a ship which recently returned from Haiti.

Captain Mike Marsala of Norfolk Fire and Rescue told the Pilot that an alarm sounded, as the employees were hard at work cleaning and sandblasting a tank on an assault ship.  Fortunately, the workers were able to vacate the area where the alarm sounded, however, one victim experienced dizziness.  A shipyard spokesman told the Pilot this information, and that the men were transported to Sentara Leigh Hospital where four were treated with oxygen to even out levels in the body, and to ensure safety.  The alarm which alerted the workers underscores the importance of businesses and residences having such devices installed.

The Pilot article elaborates on the job the workers were performing: apparently, they were using a breathing device in the tank of the ship (The Bataan).  An engineer had certified the safety equipment, according to the shipyard spokesman.

At the present time, the Occupational Safety and Health Administration is investigating the incident.

Norfolk marina fire damages and destroys multiple boats

Early this morning, an unfortunate blaze sank three boats and damaged multiple others reported The Virginia Pilot, via hamptonroads.com.

The fire occurred at Vinings Landing Marina, which is on the popular road – Shore Drive.  The season is beginning to turn into “tourist time,” and so incidents like these are heavily reported upon during the Summer and Spring months.  Shore drive contains numerous restaurants and other heavily visited attractions.

The fire was reported around 1 a.m., according to Norfolk Fire-Rescue spokesman, Battalion Chief Harry Worley.  According to Mr. Worley, not only were boats damaged; the dock surrounding the boats sustained damage as well.

Fortunately, the fire was contained by Norfolk firefighters with the assistance of Virginia Beach authorities and the Coast Guard.  According to the Pilot, by 2:50 am the fire was put out in its entirety.

Mr. Worley has indicated that the boats will be examined once extracted from the water.  As noted, three boats sank, and thus, it may take some time before any investigation returns results or updates to this story.  It is believed that the fire started on one of the boats that is now at the bottom of the marina.  As a result, the source of the fire – the primary element of the investigation/examination – will require some time and diligence.

Regarding potential environmental issues – the Coast Guard and firefighters at the scene reportedly were able to control the dissemination of pollutants, such as fuel leakage in the water, by implementing “special absorbent pads.”

If any noteworthy or newsworthy developments ensue, check back with our blog frequently and you will be provided with the most current updates.

Below, is a map courtesy of Google Maps, which shows the exact location of the fire.

Jones Act & Maritime Injury

Virginia Attorney Richard Serpe is currently accepting cases involving maritime workers who have been injured in the course of their employment. He has successfully prosecuted cases under the Jones Act and the general maritime law, and takes pride in helping those who were injured on our waterways due to no fault of their own. It isn’t just any attorney who can handle a maritime law case. If you or a loved one has been injured while working on a seagoing vessel, contact Richard Serpe for a free case assessment today.

Anyone who has spent time earning a living on the ocean can tell you that it’s a dangerous business. The sheer unpredictability of the ocean can put even the most experienced of sailors or the strongest of ships at risk.

These conditions demand competence and professionalism from all of the crew members of any seagoing vessel, whether it’s a tugboat, barge, cruise ship or fishing boat. Anything less places lives at risk.

While it is true that working on our oceans is inherently dangerous, that fact does not absolve the shipowner, captain or crew members from responsibility should one of their employees or fellow workers suffer an injury.

The Rights of Injured Sailors Under the Jones Act

The entitlements for which an injured sailor are automatically eligible are:

Cure: This is coverage for your medical bills, including rehabilitation and therapy, until the injured seaman reaches maximum medical improvement. You should realize that maximum medical improvement can be reached even if the injury victim will never fully recover from his injuries, or even if he or she will never be able to return to work.

Maintenance: This is a small daily allowance for living expenses during the time that you are injured. This should last for as long as the sailor would have been working had the injury not occurred.

Cure and Maintenance are automatic under the Jones Act, and are to be implemented even if the injury happened for reasons that were nobody’s fault.

The Jones Act also allows for workers to bring suit for the recovery of damages in the event that the accident occurred due to negligence or incompetence. If the shipowner, captain, or other member of the crew was negligent or incompetent, or if the vessel was poorly maintained, not seaworthy or unfit for its intended purpose, the injured worker has every right to bring those responsible to account for their actions. They are allowed to file suit to recover future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to maintain a household, and other damages.

In other words, your rights as an American are not suspended because you do work that can be dangerous, or because you were not on U.S. soil when the injury occurred. However, while your rights are the same, there are some differences in laws and procedures that will require an attorney with complete knowledge of maritime law and experience in working maritime cases.

For maritime injury cases, that attorney is Richard Serpe.

Richard Serpe: Justice for All

Mr. Serpe has a Masters Degree (LLM) in maritime law from Tulane University School of Law, and has obtained the highest ranking (Proctor) from the Maritime Law Association of the United States. He has successfully prosecuted cases under the Jones Act, bringing fair and just compensation to sailors who were injured while performing their duties.

Richard Serpe has years of experience in protecting the rights of injured seamen, He knows how the insurers of commercial vessels will do everything they can to minimize their financial liability, even if it is at the expense of decent treatment for the injured.

If you have been injured while working on a commercial vessel, your main concern should be getting back on your feet. Worrying about medical bills, an inability to work, or an uncertain future should not add to your burden. Richard Serpe will handle your case with all the respect and dedication that it deserves.

Under the law, workers who are not seamen, but who work on or over water have rights under the Longshore and Harbor Worker’s Compensation Act. This class of workers has a wide scope of rights for injuries they receive while working on and around vessels. Knowing which law applies, and how to protect the full rights of these workers is a specialty that Richard Serpe has worked hard to master.

Injuries at sea and in local waters are not restricted to seamen. Weekend sailors on sailboats and powerboats, and even jet ski operators, are covered under the general maritime law. Special regulations and rules, including Coast Guard regulations and the Limitation of Liability Act, can have an important impact on victims injured on pleasure boats. Richard Serpe has the qualifications and experience to help these victims recover.

If you of a loved one have suffered from an injury on a seagoing vessel, contact our offices for a free legal consultation today.