Jones Act
Special Interest Groups Requests Records from Boating Accident
Citizens for Responsibility and Ethics in Washington (CREW) is requesting to see the records of a Montana boating accident in 2009 involving U.S. Representative Denny Rehberg, according to the Missoulian. The accident occurred at Flathead Lake, and the group suspects the records may contain information that the public has a right to know concerning the…
Read MoreThirty-Eight Killed in Hong Kong Ferry Accident
A boating accident in Hong Kong killed 38 people on October 3, according to sources. A ferry owned by Hong Kong and Kowloon Holdings collided with a vessel. The ferry was damaged but managed to make it to port. The vessel, the LAMMA IV, was half submerged and retrieved by a salvage crew. Approximately 100…
Read MoreChoosing a Maritime Attorney
Choosing a Maritime Attorney If you find yourself dealing with an attorney death during an ongoing maritime lawsuit, you have an important decision to make: who will represent you going forward? Although your previous attorney’s estate may work out a deal with another lawyer or firm, you have the right to choose who will represent…
Read MoreM/V Matisse Crewmember Lost at Sea
The U.S. Coast Guard received a call on April 21 around 12:50 a.m. that a crewmember aboard the M/V MATISSE had fallen overboard in rough seas near the mouth of the Columbia River on the border of Oregon and Washington. He was wearing a yellow work helmet when he fell, but no life jacket. Conditions…
Read MoreTugboat Captain Dies After Falling Overboard
The body of Brendan O’Leary, 48, of Marblehead, Mass., was found on May 5 approximately four miles south of Montauk Point. He had been missing since April 25, when he fell overboard from the 91-foot STEPHEN-SCOTT approximately nine miles off the coast of Newport, R.I. Because there were no witnesses, the U.S. Coast Guard has…
Read MoreLife Jacket Saves Man’s Life
On Aug. 14, the U.S. Coast Guard rescued a 43-year-old man stranded in the water near Auke Bay, Alaska. He had been working crab pots near Point Louisa when his canoe capsized. After being reported missing by a friend, he was found by Coast Guard responders and transported to Bartlett Hospital for treatment of mild…
Read MoreSigns and Symptoms of Heat Stroke
During the summer, especially when temperatures are sizzling, boaters need to be aware of their risk for heat exhaustion and heat stroke. Whether you are out for a pleasure ride, fishing with friends or working on a commercial vessel, you must take steps to stay cool and hydrated. Heat stroke is a medical emergency. It…
Read MoreNewport Crab Fisherman Presumed Dead
In the early morning hours on July 3, the U.S. Coast Guard rescued three crab fishermen when the F/V SOUND LEADER sank off the coast of Oregon. Coast Guard crews searched for a missing fourth person until about 1:15 p.m., when the search was called off “due to the impossibility of survival resulting from the…
Read MoreFisherman Injures Hand While Hauling Gear
On May 2, the U.S. Coast Guard medically evacuated a 47-year-old fisherman who severely injured his hand while hauling gear on the F/V SANDY ROSE about 12 miles south of Jonesport, Maine. Watchstanders at Coast Guard Sector Northern New England received a 9-1-1 relay around 9:25 a.m. from the 41-foot fishing vessel and immediately launched…
Read MoreFisherman Suffers Facial Injury
A 46-year-old man was airlifted from a New Bedford, Mass., fishing vessel on May 21 after being hit by gear and suffering an injury to his face. The F/V OSPREY was about 98 miles east of Cape Cod when a U.S. Coast Guard helicopter crew hoisted the injured man from the vessel. He was flown to…
Read MoreNew Bedford Fisherman Injured By Parted Wire
On May 9 at 7:52 a.m., watchstanders at U.S. Coast Guard Sector Southeastern New England received word that a crewmember aboard the F/V EXPLORER had sustained a head injury from a parted wire. The Coast Guard immediately launched a 47-foot motor lifeboat to assist the injured fisherman, and he was medically evacuated two miles west…
Read MoreTugboat Capsizes in New York Harbor
On April 6, the M/V KATHERINE G. capsized as it was preparing to transport a 60-ton construction crane off Liberty Island. According to NY1 News, the crane and two crewmembers fell into the water, while four others scrambled to the top of the overturned vessel. The tugboat was assisting with interior renovations at the Statue…
Read MoreFisherman Suffers Major Electrical Shock
On June 8, the Coast Guard airlifted a 43-year-old fisherman from the F/V CAPE HORN in the Bering Sea to Dillingham, Alaska, after he suffered heart complications from a major electrical shock. According to media reports, the unidentified man was working on the 145-foot vessel’s electrical switchboard when he received a 480-volt jolt. The ship…
Read MoreBarge Capsizes, Workers Forced to Jump
Barge Capsizes, Workers Forced to Jump In April, workers with APAC Construction and a tugboat operator were performing repairs on a bridge in Smithville, Mo., when their barge and boat capsized, forcing them to jump into frigid waters. According to local media reports, the workers were in Smithville Lake for up to 15 minutes. A…
Read MoreSunken Fishing Vessel Raised from Penn Cove Amidst Environmental Concerns
In mid-May, the F/V DEEP SEA caught fire and sank in Washington’s Penn Cove. According to local media reports, the vessel had been illegally anchored there for months. Penn Cove is known worldwide for its quality mussels and shellfish. After the 128-foot vessel sank, it began leaking an estimated two gallons of diesel fuel per…
Read MoreTugboat Captain Found Dead in Boat Near Buzzards Bay; Coast Guard Investigation Underway
On Wednesday morning, the Coast Guard received a call for a boat taking on the water in the area of Hog Island Channel near Buzzards Bay. The bay was extremely choppy that morning, and upon arriving on the scene, authorities discovered a 29-foot towing boat almost completely submerged in the water. Tragically, Captain John Redler…
Read MoreFall Injuries in the Maritime Industry
Working in the maritime industry involves a number of risks, including the risk of falling. Falls in the maritime industry can be caused by a number of factors, such as: Tripping hazards Slippery conditions Unsafe stairways Poorly secured scaffolding Misuse of ladders Elevator or manlift malfunction Unguarded waterside edges Open hatches that are not marked…
Read MorePreventing Falls in the Maritime Industry
In New Zealand, a cargo-handler was recently injured at the Port of Lyttelton when he fell while working on a vessel. In the United Kingdom, Pendennis Shipyard Ltd. was recently fined thousands of pounds after an apprentice fell approximately two meters from improperly secured scaffolding and injured his knees. And just last month, a man…
Read MoreNumerous Laws Protect Injured Maritime Workers
On May 2, the U.S. Coast Guard medically evacuated a fisherman who had severely injured his hand while hauling gear as he worked on board the F/V SANDY ROSE. He was transported to Bangor Eastern Maine Medical Center. Fishermen and other maritime workers routinely risk injuries to their hands, feet and other body parts. They…
Read MoreCompensation for Injured Dockworkers
Compensation for Injured Dockworkers Working on a dock carries with it certain risks. Dockworkers can be seriously injured or killed in falls or by falling objects, and they risk having their hands and feet crushed between the dock and vessels. They also routinely handle hazardous materials and work with heavy machinery that can cause serious…
Read MoreWorkers’ Comp in the Maritime Industry
In the non-maritime world, employees who sustain on-the-job injuries or develop occupational illnesses are typically eligible to apply for state workers’ compensation. In the maritime industry, however, that is not always the case. Seamen, i.e., men and women who work on maritime vessels and whose duties contribute to the function of the vessel or the…
Read MoreMaintenance and Cure Compensation for Injured and Ill Seamen
When a seaman becomes sick or injured on the job, his or her employer is required to provide maintenance and cure compensation. The responsibility for ship owners to provide care to sick and injured seamen dates back to the early 1800s. Although maintenance and cure compensation is not a new development in maritime law, maritime…
Read MoreU.S. Coast Guard Investigating Tugboat Fire
Around 2 a.m. on Tuesday, Mar. 27, a U.S.-flagged tugboat known as the PATRICE MCALLISTER caught fire in Canadian waters on Lake Ontario with six people aboard. Both the U.S. Coast Guard and the Canadian Coast Guard responded to the tugboat fire. A Canadian helicopter transported the vessel’s chief engineer to a hospital in Belleville,…
Read MoreCoast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass.
Coast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass. 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,…
Read MoreSeeking Compensation for a Maritime Hand or Foot Injury
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…
Read MoreMaritime Law Protects Injured Dockworkers
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…
Read MoreWhen a Maritime Worker Suffers a Traumatic Brain Injury
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…
Read MoreUnderstanding Your Rights Under Maritime Maintenance and Cure Laws
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…
Read MorePrevailing Under the Jones Act
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…
Read MoreInjured While Working in the Maritime Industry? Learn About Your Rights
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…
Read MoreArbitration Agreement Signed by Princess Cruise Lines Crewmember Keeps Her Jones Act Claim Out of Court
Arbitration Agreement Signed by Princess Cruise Lines Crewmember Keeps Her Jones Act Claim Out of Court In yesterday’s post, we discussed binding arbitration clauses, exploring how corporations essentially use them as do-it-yourself tort reform to prevent class actions and to keep individual claims out of the courtroom. Many cruise lines include arbitration agreements in their…
Read MoreWorker’s Three-Year Break in Service Undermines His Jones Act Claim
In August, the Fifth Circuit Court of Appeals upheld a district court ruling out of the Southern District of Texas that an oil rig worker’s three-year break in service negated his status as a seaman, making him ineligible for relief under the Jones Act. Ricky Abram filed a Jones Act lawsuit against Nabors Offshore Corporation,…
Read MoreCRUISE Act Seeks to Exempt Certain Foreign Ships from the Jones Act
In July, U.S. Representative Blake Farenthold (R-Tex.) introduced legislation that would amend federal maritime law to allow foreign ships to travel from U.S. port to U.S. port. Under the Jones Act, foreign ships are generally restricted from traveling directly from one U.S. port to another. To travel directly between U.S. ports, passenger or cargo vessels…
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