Articles Posted in Injury at Sea

Published on:

image005-300x209Commercial fishing remains one of America’s most dangerous occupations, with fatality rates significantly higher than most other industries. The Commercial Fishing Industry Vessel Safety Act, enacted following tragic losses at sea, establishes minimum safety requirements that can mean the difference between life and death. Here is a comprehensive guide for mariners to ensure compliance for 2025-2026.

Determine Your Vessel’s Classification

Establish which regulations apply to your operation. The Fishing Vessel Safety Act applies to commercial fishing vessels, with different requirements based on vessel size, operation area, and crew capacity. Documented vessels operating beyond the U.S. Boundary Line (the dividing point between internal and offshore waters) or carrying more than 16 persons face the most rigorous requirements, while smaller operations have modified standards. Check your vessel’s documentation and operating parameters against current U.S. Coast Guard classifications. This determines everything from equipment requirements to training obligations.

Published on:

Hawaii-300x187A 41-year-old crew member suffering from a fractured arm and possible head injury was successfully medevaced from a cargo ship located approximately 1,000 miles northeast of Oahu on July 19th, 2025. The bold rescue, coordinated by the Joint Rescue Coordination Center (JRCC) Honolulu, brought the injured mariner to safety after a multi-day transit.

The incident began around 3:30 p.m. Thursday, July 17th when JRCC Honolulu watchstanders received a call from Eastaway Ship Management. It was reported that a crew member aboard their 892-foot, Singapore-flagged cargo ship, the EA CHARA, had sustained a significant injury far out in the Pacific.

Following a consultation with a duty flight surgeon, who strongly recommended a medical evacuation, JRCC Honolulu established communication with the EA CHARA. This allowed them to monitor the patient’s condition as the cargo ship altered course and headed towards Oahu.

Published on:

Tugboat-holly-ann-sebastien-goldberg-unsplash-300x200Tugboats are essential for guiding large vessels into ports, assisting with construction projects, and supporting many marine operations. The crews who navigate these powerful vessels face unique hazards daily, from treacherous weather and heavy machinery to long hours and unpredictable conditions. When accidents happen, and a tugboat worker is injured, it is imperative that the worker understand their legal rights and the specific protections available.

Unlike shore workers who are covered by state workers’ compensation laws, injured tugboat workers fall under a distinct and more favorable set of federal maritime laws. The most significant of these is the Jones Act. This landmark legislation, officially known as the Merchant Marine Act of 1920, offers a powerful legal avenue for injured seamen to seek compensation from their employers.

The Jones Act is Essential Protection

Published on:

Tugboat_CA-300x225The Jones Act, or the Merchant Marine Act of 1920, grants maritime workers the right to pursue a claim against their employer for negligence if an injury occurs during their employment. Unlike traditional workers’ compensation, the Jones Act is a fault-based statute. This means that to succeed in a claim, the injured worker must show that their employer’s negligence or the negligence of a fellow crewmember directly contributed to the injury.

What an Employer Can Do in a Jones Act Claim

Upon notification of a maritime injury, an employer is entitled to undertake several actions as part of their investigation and defense:

Published on:

Nekton_Med-300x169On March 26, 2025, an MH-60 Jayhawk helicopter crew from U.S. Coast Guard Air Station Sitka successfully conducted a medevac of a 37-year-old woman experiencing a medical emergency in Sitka Sound, Alaska. The woman, who was aboard the fishing vessel NEKTON, required immediate medical attention.

The aircrew responded swiftly to the distress call. After arriving on the scene, they skillfully maneuvered the MH-60 Jayhawk helicopter above the fishing vessel to safely execute the hoist operation. Despite challenges posed by the weather and the vessel’s movements, the U.S. Coast Guard team efficiently transported the patient aboard the aircraft.

Following the successful hoist, the helicopter crew transferred the woman to awaiting local emergency medical personnel in Sitka. The patient received further evaluation and care upon arrival, highlighting the seamless collaboration between the U.S. Coast Guard and local emergency responders.

Published on:

image005-300x209When deckhand Carlos slipped and fell during a routine operation in rough seas, he fractured his arm and was unable to work for months. An investigation revealed inadequate safety protocols, insufficient training, and a lack of clear communication had contributed to the accident. Had the vessel implemented effective training, emphasized clear safety communication, and ensured crew engagement in safety planning, Carlos’s injury might have been prevented.

Owners, workers, families, and communities all want workers to be safe at sea. Yet cultivating a true culture of maritime safety doesn’t happen overnight. It requires a structured effort beginning at the organization’s highest levels then filtering down the chain of command.

The International Maritime Organization (IMO) clearly defines an effective safety culture as one where safety is prioritized and managed as meticulously as any other crucial business function. Achieving a culture of safety requires following best practices for safety across the maritime industry.

Published on:

SeekJustice-300x208Selecting the right maritime injury lawyer requires careful consideration and research. Prioritizing expertise, experience, effective communication, and transparency will significantly enhance the likelihood of obtaining fair compensation and justice for your injuries. Your choice of attorney can make all the difference in achieving a successful resolution to your maritime injury claim.

Specialized Maritime Law Experience

The first and most crucial factor is choosing a lawyer who specializes in maritime or admiralty law. Maritime injury cases are governed by unique federal laws like the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and principles like Maintenance and Cure. An attorney experienced in these complex statutes can better evaluate your situation, navigate jurisdictional nuances, and effectively advocate for your rights.

Published on:

MaintenanceandCure-300x214If you have suffered severe injuries or fallen ill during your employment as a deckhand, fisherman, seaman, or fish processor, you may be asking, “Who is responsible for covering my medical expenses, and what compensation am I entitled to during my recovery period?” Every worker serving on a vessel, if injured or falling ill during their service, is entitled to “maintenance and cure” under Federal Maritime Law. The Supreme Court of the United States has upheld that punitive damages may be granted against an employer who deliberately withholds maintenance and cure benefits. These benefits are provided on a no-fault basis, requiring that the worker only demonstrate that the injury or illness occurred while working. Unlike other claims, negligence does not need to be proven to receive maintenance and cure benefits. There are limited defenses against a worker’s claim for maintenance and cure, and unless there is willful misbehavior or intentional misconduct, the employer must provide the necessary maintenance and cure benefits.

What is Maintenance?

“Maintenance” refers to a daily living allowance provided to a worker during their recovery from injury or illness. These payments continue until a worker achieves maximum medical improvement or is fit to resume their previous duties. The specific daily rate for maintenance is not fixed and may differ from one case or region to another. In the employment contract, the maintenance rate is generally not binding, except in certain cases where collective bargaining or union agreements apply.

Published on:

image005-300x209Maritime law, also known as maritime injury law or admiralty or law, is a specialized area of law that deals with legal issues arising from accidents, injuries, and disputes that occur on navigable waters, including seas, oceans, rivers, lakes, and other waterways. This body of law encompasses both civil and criminal matters related to maritime activities and serves to regulate and govern maritime commerce and navigation.

Key aspects of maritime injury law include:

  • Jones Act Claims: As mentioned earlier, the Jones Act is an essential component of maritime injury law. It allows seamen who suffer injuries while working on vessels engaged in maritime commerce to seek compensation for damages and medical expenses from their employers if negligence is proven. This law provides unique protections for seafarers injured in the course of their employment.
Published on:

PacificTitan-300x213The U.S. Coast Guard Sector Juneau command center received a call on March 21st at approximately 3:40 p.m. from the captain of the towing vessel PACIFIC TITAN. It was reported that during a towing operation, a 30-year-old crewmember had sustained a head injury. The vessel was located near Pennock Island, Alaska at the time of the incident.

A 45-foot Response Boat-Medium crew was dispatched from the U.S. Coast Guard Station Ketchikan and arrived on the scene of the accident at 4:19 p.m. The injured worker was transported to awaiting EMS personnel in Ketchikan, Alaska.

“Good communication with the Pacific Titan and the Station Ketchikan boat crew ensured proper coordination for the medevac,” said Coast Guard Search and Rescue Controller David Berg, a civilian watchstander at the Sector Juneau command center. “We were able to conduct the medevac efficiently so the patient could receive a higher level of medical care.”

Contact Information