Maritime Injury and Jones Act Claims

Protecting Seamen, Fishermen and Maritime Workers

People who make their living on the water face risks that most workers never encounter. Heavy equipment, moving vessels, wet decks, lines under tension, difficult weather, confined work areas and physically demanding jobs can turn a routine assignment into a serious accident in seconds.

When that happens, ordinary state workers’ compensation rules may not tell the whole story.

Maritime workers can have important rights under the Jones Act, general maritime law, the Longshore and Harbor Workers’ Compensation Act and other federal laws.

The Law Offices of Cavin and Marks represents injured maritime workers and their families from its office in Oakland, California, and has handled maritime matters throughout the United States.

The Jones Act

The Jones Act provides important protections for qualifying seamen injured in the course of their employment.

Whether someone qualifies as a Jones Act seaman is a legal question that depends upon the worker’s duties and connection to a vessel or fleet of vessels. A person’s job title alone does not necessarily answer the question.

Workers should therefore be careful about assuming that they either are or are not protected by the Jones Act.

When employer negligence contributes to a seaman’s injury, the Jones Act may provide a claim for damages including lost earnings, medical consequences, pain and suffering and other losses associated with the injury.

Maintenance and Cure

Maintenance and cure is one of the fundamental protections available to qualifying seamen.

Generally, maintenance concerns basic living expenses while an injured seaman is recovering, while cure concerns necessary medical treatment.

These obligations can exist independently of a traditional negligence claim. Disputes can arise over the amount of maintenance, the medical care being provided, whether treatment remains necessary and when a worker has reached maximum medical improvement.

An injured worker should not assume that an employer’s initial decision about maintenance or medical treatment is necessarily the final word.

Unseaworthiness

Vessel owners have obligations concerning the condition of their vessels and equipment.

An unseaworthiness claim can involve conditions such as defective equipment, unsafe work methods, inadequate equipment, insufficient or inadequately trained crew members, unsafe deck conditions or other conditions that make a vessel or its equipment unsuitable for its intended use.

This is one reason workers should be cautious about immediately accepting blame for an accident.

What initially looks like a simple mistake by a worker may involve equipment, staffing, training or vessel conditions that deserve much closer examination.

Medical Care After a Maritime Injury

Getting appropriate medical treatment is one of the first concerns after a serious maritime accident.

Maritime employers can have significant obligations concerning medical care for injured seamen. Disputes sometimes arise over the physician a worker sees, recommended treatment, payment for care or an employer’s attempt to end benefits.

An injured worker should seek appropriate medical attention and keep records of diagnoses, treatment, prescriptions, restrictions and communications concerning medical care.

Common Maritime Accidents

Our experience includes maritime claims arising from:

Fishing vessel accidents. Commercial fishing combines heavy machinery, difficult weather, slippery surfaces, lines, nets, hoists and physically demanding work in a constantly moving environment.

Tugboat and barge accidents. Crew members may face line injuries, falls, crushing hazards, equipment accidents and injuries while moving between vessels.

Container ship and tanker accidents. Serious injuries can result from cargo operations, falls, heavy machinery, chemical exposure and unsafe equipment.

Ferry and passenger-vessel accidents. Workers can be injured during loading and unloading, while moving vehicles or passengers, or because of unsafe vessel conditions.

Tool and equipment injuries. Power tools, hand tools, winches and other equipment can cause severe hand, arm, back and orthopedic injuries, particularly when used aboard a moving vessel or in difficult working conditions.

Lifting and line injuries. Heavy cargo, stores, lines and maritime equipment can cause catastrophic injuries when equipment fails or work is performed without adequate assistance.

Falls aboard vessels. Wet or contaminated decks, ladders, gangways, inadequate lighting and unsafe equipment can contribute to serious falls.

Burns and electrical injuries. Vessel machinery and electrical systems can expose maritime workers to severe burns and electrical shock.

Traumatic brain and catastrophic injuries. Maritime accidents can result in permanent neurological injuries, amputations and other life-changing conditions.

Wrongful Death and Death on the High Seas

Fatal maritime accidents can involve specialized federal laws, including the Death on the High Seas Act and general maritime law.

The law that applies can depend upon where the death occurred, the worker’s status and other circumstances.

Families dealing with a fatal maritime accident should obtain advice specific to the accident rather than assuming that the same rules governing an ordinary land-based wrongful death claim apply.

Harassment and Unsafe Working Conditions

Life aboard a vessel can place workers in unusually isolated environments.

Claims involving assault, harassment or discriminatory conduct aboard a vessel can overlap maritime law with other federal and state protections. The legal options available depend heavily upon the facts and the worker’s status.

Workers facing serious mistreatment aboard a vessel should document what occurred and speak with counsel about the laws that may apply.

What Should I Do After a Maritime Injury?

Your health comes first. Obtain appropriate medical care.

When possible, also:

• Report the accident promptly.
• Make sure accident reports are accurate before signing them.
• Photograph the accident scene, equipment or unsafe condition when reasonably possible.
• Identify witnesses.
• Preserve medical records and employment documents.
• Keep copies of communications from your employer or its insurance company.
• Be cautious about recorded statements or documents you do not understand.
• Speak with a maritime attorney before making assumptions about your rights.

Evidence aboard a working vessel can disappear quickly as equipment is repaired, vessels leave port and crew assignments change.

Frequently Asked Questions About Maritime Injury Claims

What is maritime or admiralty law?

Maritime or admiralty law is the body of law governing many activities, injuries and disputes occurring on navigable waters. Depending upon the circumstances, an injured worker’s rights may arise under the Jones Act, general maritime law, the Longshore and Harbor Workers’ Compensation Act or another law.

How do I know whether I am a Jones Act seaman?

Seaman status depends upon the nature of your work and your connection to a vessel or identifiable fleet of vessels. It is not determined simply by your job title. Because classification can significantly affect your rights, it is worth having the facts reviewed before assuming a particular law applies.

What kinds of vessels can qualify under maritime law?

Maritime cases can involve many types of vessels, including fishing boats, tugboats, barges, ferries, tankers, container ships, dredges, crew boats and other commercial vessels. Whether a particular structure qualifies as a vessel for a particular claim is a legal and factual question.

What is maintenance and cure?

Maintenance generally refers to basic living expenses available to a qualifying injured seaman during recovery. Cure refers to necessary medical treatment. These rights are distinct from a negligence claim under the Jones Act.

What does unseaworthiness mean?

A vessel can be considered unseaworthy when the vessel, equipment, crew or working conditions are not reasonably fit for their intended purpose. Examples can include defective equipment, inadequate staffing, insufficient training or unsafe conditions aboard the vessel.

How long do I have to bring a Jones Act claim?

Jones Act claims are generally subject to a three-year limitations period, but different deadlines can apply depending upon the defendant, vessel, location and nature of the claim. Waiting can also make evidence more difficult to preserve. Anyone seriously injured in a maritime accident should obtain advice about the deadline applicable to the specific case.

Can I choose my own doctor?

Questions concerning medical treatment can become complicated in maritime cases. An injured worker should not assume that an employer’s preferred physician is the worker’s only option. Speak with a maritime attorney if there is disagreement concerning treatment, payment or the physician providing care.

What if I think the accident was partly my fault?

Do not assume that your own actions eliminate a maritime claim. Vessel conditions, equipment, staffing, training, supervision and employer conduct may also be relevant. Comparative fault can affect a recovery, but fault should be evaluated based upon the complete circumstances.

Do maritime cases always go to trial?

No. Many maritime claims are resolved through negotiation or mediation. Others require litigation and trial. The appropriate course depends upon the evidence, injuries, disputed issues and positions taken by the parties.

Talk With an Experienced Maritime Law Firm

Maritime law has been a central focus of the Law Offices of Cavin and Marks for decades.

If you have been injured aboard a vessel, while performing maritime work or in another accident on the water, contact the firm to discuss the circumstances and the laws that may apply.

Free consultation: 510-291-4743