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Maritime Personal Injury

On these pages of our Web site, we provide some general information on what is involved in a maritime personal injury case, what the law provides, and we outline the facts of a couple of our cases to illustrate the concepts. For advice on common problems faced by injured seamen/fishermen, go to our "Frequently Asked Questions" or Content Page"What Do I Do If Injured At Sea".

There are four main categories of individuals injured at sea or in maritime settings:

Seamen/fishermen

Most of our legal cases involve seamen. A seaman is a worker who works most of the time on a vessel or fleet of vessels doing the vessel's work. The most familiar examples of seamen are:

However, seamen could also include cooks on boats, police harbor patrolmen, fire fighters on fire boats, dredge workers, oil rig workers, barge tenders, watchmen. Even a musician and waiter on a passenger vessel could be a seaman.

Law of Seamen/Fishermen

There are no workers' compensation benefits or laws for an injured seaman or fisherman. Rather, the law that governs personal injuries to seamen and fishermen is known as the Jones Act and general maritime law.

Jones Act

The Jones Act allows a seaman to bring a claim against his or her employer for the negligence that caused the injury. Some of these negligent causes include:

  • Failure to provide safe equipment;
  • Failure to maintain the vessel and equipment;
  • Failure to hire a competent captain or crew;
  • Failure to provide a safe place to work;
  • Working in excessively poor weather;
  • Assigning inexperienced crew to run equipment;
  • Failure to follow safety rules;
  • Ordering a seaman or fisherman to work excessive hours;
  • Failure to provide prompt or adequate medical treatment;
  • Failure to put guards on machinery;
  • Failure to follow "lock out, tag out" procedures;
  • Having a vessel undermanned or understaffed;
  • Having crew do repetitive movements with hands causes carpel tunnel or tendonitis;
  • Having obstacles in pathways;
  • Not maintaining or repairing deck boards;
  • Not having the right equipment on board to do the job;
  • Failure to provide appropriate clothing or gear;
  • Failure to properly train the crew;
  • Mistakes by fellow crewmembers, officers, and staff.
Representative case:

A couple of years ago, we represented a young man hired to work as a deckhand on a crabber. The "greenhorn" is usually assigned the task of chopping bait and baiting the pots. Our client had worked 4 days of 18-20 hour shifts. On the fourth day, the bait chopper became plugged-the bait would not drop out of the bottom. Our client stuck his hand into the bait chopper trying to loosen the plugged up glob of bait. The machine was still running. The blades in the bait chopper severely injured his hand.

We argued that the employer was negligent for (1) failing to properly teach this young seaman how to unclog a plugged bait chopper; (2) failing to allow the crew enough rest; and (3) failing to have a bait chopper with a shut off switch close by the machine.

The insurance company paid our client approximately $2 million.

General Maritime Law and Unseaworthiness

In addition to the Jones Act, the seaman and fisherman can also bring claims for "unseaworthiness." If the vessel or its equipment is not "fit" or if the boat or her equipment is defective in some way, then the vessel may be unseaworthy. Examples of unseaworthiness:

  • Equipment that failed under use;
  • Broken planks or deck boards;
  • Hydraulic fluid or oil on deck;
  • Insufficient crew;
  • Defective hull;
  • Unreasonably slippery decks;
  • Obstructions on deck;
  • Tripping hazards;
  • Defective or insufficient tools;
  • Stairs being too steep or not having hand rails;
  • Not having adequate lifesaving equipment on board;
  • Dangerous machinery not being guarded.
Representative case:

A seaman on a barge was paying out the wire on an anchor winch. When he got close to the end of the wire, the bitter end of the wire came undone from the spool, whipped around the spool and struck the seaman in the head. He eventually died from his injuries. We argued that the barge was unseaworthy because the wire should not have let go from its moorings on the spool. We argued that the barge was not "reasonably fit."

The insurance company paid the seaman's widow approximately $3 million.

Money Damages / Compensation for Personal Injures

If the negligence of the seaman's employer or his fellow employees injured the seaman, or if the "unseaworthiness" of the boat injured a seaman, then the seaman can recover money damages. There is no limit or cap on these damages. We would be pleased to answer all your questions about the amount of money you may be able to receive following your injury. We offer a free initial consultation. Contact us by using this link or call our toll fee number 1-877-DECKLAW (1-877-332-5529) and speak to one of our experienced attorneys.

By way of a general outline, the following is a list of damages that may be recovered in a Jones Act (seaman, fisherman) case:

  • Medical costs and bills
  • All future medical costs related to your Jones Act injury
  • Out-of-pocket costs of getting the medical attention you need
  • Costs of employing someone to perform the housekeeping chores that the Jones Act seaman or fisherman would have done if he was no injured
  • Past and future pain and suffering
  • Disability
  • Disfigurement
  • Costs of retraining
  • Loss of enjoyment of life's activities
  • Future loss of income
  • Loss of earning capacity
  • Emotional distress
  • Post traumatic stress disorder (PTSD)
  • Loss of fringe benefits
  • Loss of enjoyment of life

There are, unfortunately, several lawyers out there who will "guarantee" a result. There are no guarantees in the legal business. However, what we can do is bring our many years of experience to the table in our evaluation of cases. Our lawyers are not only experienced on decks of vessels, we are experienced in the courtroom. Before going to law school, most of our lawyers were involved in commercial fishing or seagoing work. Some of our attornies have practiced maritime law since 1982.

Jury Trial or Judge Trial; State Court or Federal Court

As we mentioned above, the seaman and fisherman have many favorable laws that help them after an injury. For instance, the seaman has the exclusive right to demand a jury, if he/she wants a jury to decide the case. The employer or ship owner cannot demand a jury. Sometimes, we would rather have a judge decide a case. There are many reasons for this, but some cases are better off in front of a judge rather than a jury.

Moreover, the seaman or fisherman can choose to have his or her case tried in State Court or Federal Court. Again, there are sometimes facts in a case that dictate one choice or another. For instance, in State Court in Alaska, the winning party may collect a percentage of attorney's fees. In other words, a court may order the losing party to pay a percentage of the winning party's attorney fees. In a case of strong liability, filing in Alaska State Court can add to the damages that the insurance company must pay.

Insurance Companies

Most cases that involve an injury to a seaman or fisherman also involve the boat owner's insurance company that will pay for the damages following an injury. The insurance company usually appoints an "insurance adjuster" to handle your case. These people are skilled at their job, which is to protect the insurance company. Most often, insurance adjusters do an initial investigation as to how the accident happened. They will take statements from witnesses. They will also handle your medical bills and any benefits (maintenance). Their job is to take steps to minimize the amounts that the insurance company will have to pay. Insurance adjusters are not your friend. Do NOT provide them with a recorded or taped statement. They are skilled at getting you to say things that may be detrimental to your case later. Feel free to call us if an insurance adjuster "demands" that you provide a recorded statement-you do not have to.

In most cases, the insurance company makes all the major decisions about settling your case. Some fishermen and seamen think that bringing a lawsuit will take money from their employer's pocket. While multiple claims may affect rates, most often the insurance money will pay for your injury damages. After all, that is why the boat owner bought insurance-to pay for your injuries.

We know how insurance companies operate and how they think. We have been dealing with the maritime insurance companies for nearly 25 years. Insurance companies are motivated by only one thing-saving money. You should be represented in order to get what you are owed.

Workers' Compensation

As we mentioned above, fishermen are not subject to worker's comp. There is one narrow exception. Fish processors who work on factory ships or barges while moored within three miles of Alaska are subject to both the Jones Act and Alaska State comp. If you are such a worker, you have a choice between both the Jones Act and Alaska State Compensation. These workers are really the only exception. Except for this group of workers, all other seamen and fishermen are subject to the Jones Act. There are big differences between the Jones Act remedies and the Alaska State Comp benefits. Feel free to call us if your employer has placed you on workers' comp. You may have better benefits under the Jones Act.

Longshoremen and Harbor workers

Another category of maritime worker is the longshoreman and harbor worker. Generally speaking, a longshoreman is a worker who works on or near the water and loads, unloads, or ties up the vessel. A harbor worker is a worker who works on or near the water and repairs, converts, builds, or breaks apart a vessel.

A longshoreman or harbor worker injured on the job has a federal workers' compensation system to rely upon. This system is not available to a seaman or fisherman. Similar to State Workers' Comp., the longshore and harbor worker comp scheme is a "no-fault" system-meaning that if the worker is injured, he is entitled to the benefits under the law without proof of any liability.

In addition to the worker's comp benefits, the longshoreman and harbor worker may be able to sue the ship-owner for damages. The ship-owner may be liable for the longshoreman's / harbor worker's damages if the ship owner's negligence caused the injury. There are limitations on the ship owner's duty to the longshoreman and harbor worker. So, if you are a longshoreman or harbor worker injured on a vessel, give us a call and we can give you a good idea whether you have a good case against the ship-owner.

Passengers

Paying passengers on a boat or cruise may bring a claim and lawsuit against the boat owner. The boat owner can be sued for personal injuries if the boat owner's negligence causes an injury.

The passenger ticket is the contract for passage. In the contract, there is likely a one-year time limitation to file. In other words, a lawsuit must be filed within one year of the injury or else the case cannot be brought at all. There may also be a contractual notice period. The ticket/contract may require the injured passenger to give the boat owner notice of an injury within a certain period, e.g. 60 days. In addition, the ticket/contract may also provide that a lawsuit must be filed in a certain location. For instance, Holland America's ticket (at least as of the time this was written) has a ticket that requires injury lawsuits to be brought in courts in Seattle, where they are headquartered.

Business Invitees

This category of individuals injured in a maritime case is not that common. An example would be a surveyor who is invited aboard to inspect the vessel. If that "business invitee" is injured through the negligence of the vessel owner, then he or she may be able to bring a lawsuit under general maritime law.

More Information

For more information about injuries sustained on or near the water, contact the skilled Alaska, Oregon, and Washington Jones Act attorneys at Beard Stacey Trueb & Jacobsen, LLP today for your free consultation.