Articles Posted in Maritime News & Law

Many maritime employers require their prospective crewmen to answer a preemployment health questionnaire. These health questionnaires are rarely used in the hiring process and are instead utilized as weapons by maritime employers to attack the seaman’s credibility in cases where the seaman later becomes injured and seeks compensation under the Jones Act or Unseaworthiness Doctrine.

If a seaman fails to disclose a preexisting medical condition in response to a health questionnaire, the employer then attempts to deny the crewman maintenance and cure benefits, arguing that the seaman willfully concealed a preexisting condition. This defense to maintenance and cure claims, based upon willful concealment of preexisting medical conditions when asked to make disclosure in a health questionnaire, can be traced to the Fifth Circuit Court of Appeals decision in McCorpen v. Central Gulf Steamship, 396 F.2d 547 (1968).

McCorpen did not hold that a maritime employer asserting the willful concealment defense could recover maintenance and payments they alleged were wrongfully paid. Nevertheless, some maritime employers have improperly sought to recover the previously paid benefits made to the injured seaman. This intimidation tactic is designed to frighten seamen who have been injured through the negligence of their employer or the unseaworthiness of their vessel into not bringing suit or settling their cases for less than fair compensation.
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Laws regarding saving human life are not always cut and dry. According to federal law, 45 USC Section 2304, the master of a vessel must aid anyone at sea who is in danger of losing their lives, as long as such rescue can be performed without serious threat to the master, the master’s vessel, and those on board. However, maritime law is in agreement with common law in that an individual, including a vessel master, has this statutory duty to assist those in peril at sea only when a certain relationship exists, such as carrier/passenger, vessel/seaman, and employer/employee; also, whoever has caused a danger at sea must aid any persons or property they have endangered. Further, whether because of an established relationship or as a Good Samaritan, if an individual attempts a rescue which results in further harm due to negligence, recklessness, or wantonness, he or she may be held liable for damages.

How does this relate to the United States Coast Guard, which is a federal agency, and USCG employees? Does the USCG have a duty to provide rescue on demand? What standards of performance and care apply to the USCG, and under what circumstances can the USCG be held liable?
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