Louisiana Job Injury Law Blog

According to a new report by the Bucket Brigade, other neighborhood environmental groups and the United Steelworkers Union

• Refinery accident data is underestimated; the number of accidents is likely far higher than detailed in this report.
• A Accident reduction is an opportunity for job creation and economic growth. Hiring more workers and adding maintenance programs will make a refinery safer. Emissions control technologies can save corporations money and product in the long term.
• Refineries do not have sufficient storm and hurricane preparedness plans. Twenty-seven percent of all emissions to the air and 64% of emissions to the ground and water between 2005 - 2009 occurred during bad weather like storms or hurricanes. Many of these accidents could have been prevented if storm preparedness plans were followed, facilities invested in back up power systems and wastewater treatment capacities were increased to handle Louisiana rains.
• Refineries are not being thorough in their investigations of the accident causes; from 2005 - 2009, 20% of all accidents had no information about the cause.
• Management trends -- including laying off workers and deferring maintenance -- may result in short-term profits for the parent corporation but are generally making refineries more dangerous.
• ExxonMobil's two refineries (Baton Rouge Refinery and Chalmette Refining) have the most frequent accidents and the largest emissions from accidents.
• The refining industry is not capitalizing on this opportunity to collaborate to solve the accident problem. Twelve of the state's 17 refineries -- including worst offenders ExxonMobil, Calumet Lubricants and CITGO -- have refused repeated invitations to collaborate in good faith. ConocoPhillips, Valero Refining, Marathon Petroleum and Pelican Refining have responded positively. The Louisiana Mid-Continental Oil and Gas Association, while somewhat responsive, is ultimately ineffective since it cannot speak for the corporations involved.

Source:

Why Cooperation to Reduce Accidents at Louisiana Refineries Is Needed Now

If you suffered a hearing loss as a result of working at a shipyard like Ingalls or Avondale, you may have a claim for Longshore & Harbor Workers Compensation benefits.

How is a Longshore & Harbor Workers Compensation Hearing Loss Calculated? First, the impairment rating % is determined by a Physician by the using the AMA Guides.

The employee's Average Weekly Wage ("AWW") is determined as of the date of last exposure to harmful noise.

Generally, amount receive will be calculated as follows:

Monaural Hearing Loss. The amount of monaural hearing loss is multiplied times the number of weeks contained in section 8(c)(13)(A) (i.e. 52 weeks) to determine the length of entitlement. This number of weeks is multiplied times the compensation rate (i.e. AWW x 2/3) to determine the amount of compensation. The following is an example of the application of this this formula assuming an AWW of $777 and a 12.25 monaural hearing loss:

12.25% monaural loss x 52 weeks = 6.37 weeks

6.37 weeks x $777 x 2/3 = $3,299.62

Binaural Hearing Loss. If there is a binaural loss of hearing, the amount of binaural loss is multiplied times the number of weeks contained in section 8(c)(13)(B) (200 weeks), and then times the compensation rate. The following is an example of the application of this formula assuming an AWW of $800 per week and a 15.5% binaural loss:

15.5% binaural loss x 200 weeks = 31 weeks
weeks x $800 x 2/3 = $16,533.16

If you have any questions about your Hearing Loss Claim or other job injury, contact a Longshore & Harbor Workers Compensation Lawyer.

Island Operating Co, East Cameron #2, Gulf Of Mexico Incident:
On January 13, 2010, Employees #1, #2, and #3 were working on an oil-rig production platform when a fire and explosion occurred. The fire and explosion resulted from a release of natural gas from the 3-inch diameter gas sales line that was located on the main (top) deck of the platform. The line had developed ice plugs in it, causing natural gas to collect near draft burners that were also on the main deck. This provided an ignition source, which led to the fire and ultimate explosion. All three men jumped off the platform into the cold water of the Gulf, where they waited for rescue. A rescue boat arrived approximately 1.5 to 2-hours later. Employees #1, #2, and #3 all experienced hypothermia due to the low water temperatures, combined with the length of time in the water. However, Employee #1 died, while Employees #2 and #3 survived. Both Employee #2 and #3 were hospitalized and treated for their injuries.

Source:

OSHA- Baton Rouge