" /> Maritime Injury Law Blog: June 2010 Archives

« May 2010 | Main | July 2010 »

June 28, 2010

Barge Collides With Fishing Vessel, Leaving Two Dead

The tow boat BEAR CAT has been involved in a collision with a small pleasure craft on the Tennessee River. Only one of three persons aboard the small craft survived the accident. Early reports about the June 19, 2010 accident indicate that neither the tow boat nor the small boat was aware of the impending collision. The cause of the accident and why lookouts aboard the tug failed to sound a warning is under investigation by the Coast Guard. The BEAR CAT is owned by Serodino Inc. of Chattanooga.


June 26, 2010

Woman Killed On Seattle Construction Barge

A Seattle woman has been killed aboard a construction barge in Seattle. The woman’s relationship to the construction barge working in Seattle’s Elliott Bay is unknown. The death was reportedly the result of the woman being hit in the head by a crane on the barge. The barge was moored just south of Seattle’s downtown waterfront.

Workers aboard marine construction barges may be classified as Jones Act seamen. The legal status of an accident victim is critical to determine what compensation may available in the case of a wrongful death.

June 17, 2010

Alaska State Representative Cited for Fisheries Violation

Wesley Keller, a member of the Alaska State House of Representatives, and Vice Chair of the Alaska House Fisheries Special Committee, was cited June 11, 2010, for an illegal sport fishing violation. Keller was fishing with two poles near the entrance to Halibut Cove in Kachemak Bay. He was issued a $110 citation for the violation. Keller, who is a republican from Wasilla, was elected to the Alaska House of Representatives in 2008.

June 15, 2010

Undocumented Immigrant Entitled to Benefits For Injury Under Longshore Harbor Worker Compensation Act

The Federal Fifth Circuit Court of Appeals has recently held that an undocumented immigrant who is injured at work is not excluded from receiving benefits under the Longshore Harbor Workers Act. In Bollinger Shipyards v. U.S. Department of Labor et al., 2010 WL 1614594 (2010) an alien without proper working papers submitted a false Social Security number to obtain employment in a shipyard as a pipe fitter. Arguing that the undocumented worker was precluded from compensation benefits because he was ineligible to work in the United States, the employer argued that the injured worker was similar to a “car thief,” a “pirate,” or a “drug dealer” who was making money through “ill gotten gains.” The Fifth Circuit rejected the employer’s argument, affirming its prior decision in Hernandez v. M/V RAJAAN, and again declared that undocumented immigrants are eligible to recover workers’ compensation benefits under the Longshore Harbor Workers Act.

June 14, 2010

Four Saved After Boat Runs Aground at Grays Harbor

Four people were rescued from the Grays Harbor Jetty after their small pleasure boat ran aground Saturday. The Coast Guard responded to a May Day call from the vessel after it had run aground on the jetty. All four persons were able to safely make it to the jetty. The cause of the accident is unknown at this time. The vessel was able to be freed from the jetty and towed to Westport, Washington.

June 7, 2010

Two Deckhands Injured By Chemicals In Mystery Containers

The clam dredge ESS PURSUIT has been ordered to return to port, and its catch isolated, after they discovered 10 mystery containers today while working in Hudson Canyon. One container broke open and exposed two crewmen to the contents. They subsequently developed blisters and difficulty breathing. The crewmen were taken to Massachusetts General Hospital for treatment. The catch from the vessel has been isolated to determine if it was contaminated, and the vessel is being surveyed to see if it needs to be decontaminated. The Coast Guard and U.S. Public Health Services are investigating the incident.


June 3, 2010

Deadliest Catch Boats Tie Up At Fisherman’s Terminal West Wall

Looking out the window of the maritime law office of Beard Stacey & Jacobsen, LLP, it was impossible to miss two of the Deadliest Catch featured crab boats tied up in front of its office. Both the ROLLO and the KODIAK have been docked at the west wall of Fisherman’s Terminal since yesterday. The west wall of Fisherman’s Terminal serves as the last stop for many Alaska fishing boats to make their final preparation before heading north to Alaska. Beard Stacey & Jacobsen’s office is located at Fisherman’s Terminal in Seattle to better serve its clients. The firm represents maritime workers of Alaska, Washington and Oregon, and you can’t do that from an office in Houston, Boston or New Orleans. Based upon 25 years of experience representing fishermen in the Pacific Northwest, the lawyers at Beard Stacey & Jacobsen understand fishermen, they know how fishing accidents happen, and they know how those accidents can be prevented. They have successfully represented thousands of clients who have been injured working aboard ships in Alaska, Washington and Oregon. They have recovered millions dollars in compensation for their clients located throughout the United States.