Jones Act Law

Published on: August 8, 2023

What is Maintenance and Cure?

If 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: August 2, 2022

Washington Ferry Cathlamet Crashes into Pilings

by Joseph Stacey

The U.S. Coast Guard from the Puget Sound sector was deployed on Thursday morning, July 28^th at about 8:20 a.m. after the Washington State Ferry CATHLAMET crashed into the pilings near the West Seattle Fauntleroy dock. It is reported that the vessel had veered off course and was coming in too fast at the time of the crash. One car was reported to be pinned inside the ferry after the top side section of the ferry crumpled from the impact.

The U.S. Coast Guard is leading the investigation along with the National Transportation Safety Board to find the cause of the crash. As is standard procedure in cases like this, all crew members were tested for drugs and alcohol. It is reported that those tests came back negative.

A narrow steel deck on the vessel called a “pickle fork” was destroyed during the crash. This is the part of the vessel that extends over the car deck, the place where many walk-on passengers stand for a great view, or to exit the vessel via an elevated walkway.

Published on: January 25, 2022

What is a Maritime Lawyer?

by Nigel Stacey

People often believe that all attorneys know all the laws of the land. Just as you would go to a trained cardiologist for heart issues or a radiologist to diagnose a broken bone, there are many types of lawyers who are versed in many types of law. It is always best to engage with a specialist.

Why Should You Work with a Maritime Lawyer?

Maritime Law is a very specific set of rules and laws that deal with injuries and accidents that occur on or near a body of water, a lake, ocean, or sea. While these laws were originally created to address national and international commerce, they have since expanded to include fishing vessels, recreational and passenger boats, oil rigs, and more. Virtually anyone injured on or near a body of water should consult with an attorney who specializes in Maritime Law.

Published on: April 13, 2021

Maritime Slip and Fall Accidents

by Nigel Stacey

Each year fishermen, crewmembers, and deckhands are injured aboard fishing vessels due to slip and fall accidents. Many of these accidents occur on decks, ladders, and stairs, and most happen due to:

poorly maintained equipment
equipment that is out of compliance

Published on: March 12, 2019

$3.3 Million Awarded to Injured Maritime Worker

by Joseph Stacey

A maritime construction worker has been awarded $3.3 million after a Louisiana federal court judge ruled that the worker’s head and spinal injuries were due to a captain’s negligence. The case was covered by the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Devin Barrios, a maritime construction worker, was transferring a portable generator from a boat to a barge when the accident occurred. Rather than secure the two vessels properly with mooring lines, the captain used engine power alone to hold the two vessels together during the transfer. The 22-year old was straddling the two vessels when they unexpectedly shifted. Barrios fell in the water, and the 150-pound generator tumbled down on top of him. He suffered a head injury with mild brain trauma that required 28 staples, and his spinal injuries required surgery. There is still the possibility of future surgery.

Jones Act and LHWCA grant unique and special rights to maritime workers. The LHWCA provides rights for land-based workers who perform work on, for, and around vessels. Employers are required to provide compensation irrespective of fault for the accidental injury or death arising out of a covered worker’s employment. Under the Jones Act, an employer is required to provide crewmembers with a reasonably safe place to work and reasonable care to prevent injuries. Negligence is the failure to do something that a reasonably prudent person would do, or not do, under similar circumstances. In this case, the reasonable and prudent option would have been to use mooring lines during the transfer of equipment. In the event of an injury, the employer is obligated to provide maintenance and cure, regardless of fault or negligence.

Published on: November 27, 2018

Happy 100th Birthday to IBU

by Joseph Stacey

The Inlandboatmen’s Union of the Pacific turned 100 years old last week and members celebrated the centenarian organization at the Museum of Flight in Seattle. The organization, founded on November 20, 1918 in San Francisco, California, has quite a different look today, but the underlying directives set forth then are still with us today; to give workers a strong voice in numbers which in turn creates better working conditions.

When a meeting between deckhands and local fireman was called by Clyde W. Deal (1888-1978), deck workers and engine room workers were brought together under the same union umbrella for the first time in U.S. maritime labor history. Founded in 1918 in San Francisco, they were known simply as the Ferryboatmen’s Union of California. At the time, ferries in San Francisco Bay were owned by thriving railroad companies. Among those who organized were deckhands, watchmen, bargemen, oilers, cooks, waitresses, and firemen.

Prior to 1930, it was not uncommon for deckhands to be forced to work 12 to 18 hours per day. This was not only inhumane but created a dangerous work environment for everyone. Early bargaining successes included an 8-hour work day and a guarantee of a “dismissal wage,” or severance package for ferry workers who were displaced after the building of the San Francisco Bridge.

Published on: September 18, 2018

Diver Injured at Wreckage Site

by Joseph Stacey

A diver was medevaced after an accident that occurred about nine miles northeast of False Pass, Alaska on Thursday, September 13th. The diver was working on a wreckage project, when a piece of underwater debris broke loose and pinned him to the ocean floor at a depth of approximately 65 feet. After several minutes, the diver was able to free himself and make his way to the surface; however, it was reported that he sustained injures to the left side of his body and was bleeding from his nose.

The dive master aboard the vessel MAKUSHIN BAY called watchstanders at the 17th District command center in Juneau at about 1:50pm to report the accident, and the Coast Guard duty flight surgeon recommended the medevac. A Coast Guard MH-60 Jayhawk helicopter crew out of Air Station Kodiak was in Cold Bay on another transport, and was able to safely deliver their patient then travel to the injured diver. He was hoisted aboard, then transported to medical care in Cold Bay.

“The diver’s ability to free himself, coupled with our aircrew’s proximity to the accident today provided a favorable outcome,” said Lt. Stephen Nolan, command duty officer for the case. “The aircrew just so happened to be in Cold Bay on a separate, unrelated mission. As vast a place as Alaska is, being able to get to someone who needs help in time is always one of the biggest challenges our crews face. We were grateful to be able to do that today.”

Published on: August 28, 2018

Maritime Head and Brain Injuries

by Joseph Stacey

The 2018 fishing season has seen many head and brain injuries. Being injured while working at sea can be disastrous to one’s career, but head and brain injuries can also be debilitating. Jones Act Law protects seamen, fishermen, tugboat workers, and crewmembers who have been injured while working at sea. The maritime doctrine of “maintenance and cure” is a no-fault maritime benefit. It means that the employer must pay for all reasonable medical expenses associated with a head or brain injury, including the following:

• Hospitalization

• Emergency Transportation

Published on: June 12, 2018

Coast Guard Finds Wreckage of Missing Aircraft Near Sitka

by Joseph Stacey

Coast Guard personnel have located the wreckage of a missing PA-18 Super Cub float plane that was reported overdue.

Two men departed at approximately 7:15 p.m. on Sunday, June 10th for what was to be a 20-minute flight over Katlian Bay and Olga Strait. When they did not return, a search was launched by the Coast Guard. An Air Station Sitka MH-60 Jayhawk helicopter crew was deployed as well as a 154-foot Fast Response Cutter. The Coast Guard located the wreckage shortly after 10:30 p.m. in the Katlian River near the bay.

It is with great sadness that we report neither of the two men survived. The pilot has been identified as 45-year-old Stonie Huffman of Sitka, Alaska. He had been the owner of Frontier Charters and Lodge for 15 years. The passenger was 66-year-old James Ronge of Turlock, California.

Published on: March 28, 2018

Alaska Ranger Sinking Crewmember Comes Forward

by Joseph Stacey

It has been 10 years since the tragic 2008 sinking of the 190-foot fishing vessel Alaska Ranger, which claimed the lives of five of the 47 crewmen aboard. During a 3-year investigation, conflicting findings regarding the cause of the accident were reported. The U.S. Coast Guard originally believed the sinking was caused by an aging hull, while the National Transportation Safety Board (NTSB) found the sinking was caused by the loss of a rudder, which would have left an opening where water could enter the vessel.

One of the surviving crewmembers, Rodney Lundy, the assistant engineer, has recently come forward with additional reasons for the sinking of the Alaska Ranger.

Rodney Lundy remembers preparing the vessel for departure, and having an argument with fishmaster Satoshi Konno, about netting that was stacked around two air vents in the engine room. Lundy wanted the area cleared so the vents could be sealed in the event of flooding. But Konno and other crewmembers refused to move or clear the area.