Maritime Law, also known as Admiralty Law, is a broad term describing the very specific laws which have been established for legal issues arising while at sea. The laws can be applied to how companies do business while at sea, to the transport of cargo, the transport of passengers, even to navigation, and frequently maritime law applies to injuries that have been suffered at sea or offshore to either passengers or employees of maritime companies. There are a number of different areas of maritime law that apply in different circumstances.
The Jones Act
The Jones Act is an important piece of legislation that was passed as part of maritime law in the 1920s. A key element of the Act was established for the protection of seaman’s rights, allowing those who worked onboard seagoing vessels to sue their employers for compensation for their injuries if they were caused by either the unseaworthiness of the vessel or by negligence on the part of the owners of the ship. The Jones Act consists of a complex set of laws that lay out the rules as to who is eligible to file a Jones Act lawsuit, what constitutes a Jones Act vessel, what the duties are of the ship owner and what the responsibilities are of the injured seaman.
Because the laws are so complex and are designed for the protection of the employee, many maritime employers do not adequately provide their employees with an explanation of their rights, and then injured workers end up accepting offers from their employers and unknowingly signing away those rights. It is important that if you are a seaman who is injured, you contact a maritime lawyer as soon as possible before signing any papers, accepting any compensation, or making any statements.
Death on the High Seas Act
The Death on the High Seas Act was originally written in the 1920s for the purpose of ensuring that the owners of vessels take care in the operation of their ships and work hard to prevent the deaths of their employees while they are working, as offshore and seagoing work can be very dangerous. It provides compensation for the widows and children of seamen who are killed while at least three miles off the coast in cases of wrongful death. The Act was amended in the year 2000 following an airline crash that happened over the water, and the amendments were written in response to the fact that there was no compensation available for the deaths of the children who were killed in that tragedy because they had no income.
The Death on the High Seas Act only allows for monetary damages to be paid on loss of wages, for actual expenses such as funeral costs, and on calculations based on the contributions that the decedent would have made to the household; there is no compensation offered for pain and suffering.
Limitation on Liability Act
This law was written for the protection of the owner of the vessel, and limits the liability for injury or damages of a vessel owner to the value or investment that they have made in the vessel itself, as long as that owner was unaware of the injury and not involved in it.
The Longshoreman and Harbor Workers’ Compensation Act
This part of maritime law applies specifically to compensation and benefits that befall workers in the building of ships and other traditional types of employment such as longshoremen, harbor workers and those who load and offload seafaring vessels – it is meant to cover maritime workers who are not actually at sea. The ability to collect this compensation does not require proof of wrongdoing and is similar to workers’ compensation benefits, providing expenses for medical care, rehabilitation, disability payments and death benefits for survivors, but there are rules for the application of these benefits and the notification requirements that must be carefully followed in order to be eligible for the benefits.
Claims for these benefits are filed with the Department of Labor, and employers have only two weeks to file disputes against these claims – otherwise they must begin making payments. The Act specifically does not include ships’ crews, those working on smaller ships, government workers, security or clergy workers, and others.
General Maritime Law
General maritime law quite literally applies to everything else – all those circumstances that could befall a person while offshore or at sea that are not covered by the other statutes and acts that have been established.
The Complexities of Maritime Law
Maritime Law is an area of law that stands alone and apart from all other types of law practiced in the United States. The rules are specific, and a single misstep by an attorney who is unfamiliar with the particulars of the law can cost an injured seaman a great deal of money. It is essential that if you are injured while onboard a ship or while working for a maritime company, you contact a maritime attorney in order to find out exactly what your rights are.
=================== gtg
Whether large or small, designed to traverse the deep waters of the ocean or the narrow waterways found inland and along the coast, shrimp boats are among the most dangerous places to work in the nation. Shrimp boats are generally forty to sixty feet long, built sturdily with steel hulls and diesel-powered engines and equipped with all of the equipment that is required for them to ply their trade of both catching large quantities of shrimp and keeping them onboard in large refrigeration units until they are brought to the marketplace.
Although the public may have idyllic pictures in their mind of the shrimping industry as seen in the movie Forrest Gump, the truth of the matter is that shrimpers are at risk of both serious injury and drowning – in the Gulf of Mexico there were over fifty shrimp fishermen who were killed in the last ten years, plus scores who suffered serious injuries from falls and accidents with the winch.
Dangers of Working in the Shrimp Industry
The shrimp industry has a history of shrimp boat workers suffering a number of injuries, most of which are caused by having been caught in the various pieces of machinery that are used to operate the vessel and to raise and lower the heavy nets full of shrimp up from below the water’s surface. These injuries have been known to cause crushing injuries to fingers and limbs, many of which have required amputation or have even caused death. Over half of the deaths that have been reported to have taken place on board fishing boats have been from drowning. Studies have been shown that have given clear indication that many of these injuries have been caused by a lack of knowledge or training in safety practices, while others have been shown to be the fault of the supervisors and captains on board the shrimp boat or negligence on the part of the boat owners. When proper safeguards are not put into place or equipment is not properly maintained or configured, employees can get hurt, and when that happens there are specific laws in place to provide for their care.
Factors that Complicate the Safety of Shrimping Boats
In addition to the risks that are inherent in the fishing industry, including slips and falls, drowning and getting caught in shrimp boat equipment, the shrimping industry’s safety is further complicated by the fact that many of its employees do not speak English; in the Gulf of Mexico, the region that provides the majority of the United States’ shrimp, the majority of the shrimp boat employees who are working speak either Vietnamese or Spanish.
This creates a number of serious safety issues, including a lack of proper training on the use of the dangerous equipment that is used on board, the lack of safety training that is caused by the language barrier, and the inability of the workers who are on board at the time of the accident to use a radio to signal for help because they are unable to either understand how to use the radio, to be understood, or to understand directions that are given to them. The Coast Guard has been working in conjunction with the University of Texas Health Science Center at Tyler to remedy this problem, providing interactive instructive CDs that teach the fishermen how to call for help and providing other important safety instructions. They are also working to stress the use of life jackets – of the 29 fishermen who drowned over the last ten years in shrimping accidents, none were wearing any type of personal flotation device.
Common Injuries on Shrimp Boats
The majority of deaths that occur on shrimp boats in the United States are drowning deaths; shrimp boats are equipped with low rails, and when decks are slippery and heavy loads are being lifted onto and swung onboard, it is easy to see how an employee could either fall or get knocked into the water; the noise of the boat engine and the ocean itself contribute to the problem by drowning out the sound of any cries for help.
When shrimp boat employees are injured it is often due to their hands being caught in the cables of the boat’s winch – this causes fractures and crushing injuries that often end in the need for amputation. In the case of these types of injuries, or even death, maritime laws provide benefits that were specifically set forth under laws such as the Death on the High Seas Act, the Longshore and Harbor Workers’ Compensation Act and the Jones Act. Although these laws have been in existence for years, most attorneys are not familiar with many aspects of them as they have little exposure to maritime law.
It is essential that if you have been injured on board a shrimp boat you equip yourself with an attorney whose practice focuses on this type of law so that you can be certain that your rights are being fully protected and you are getting the best possible representation.
============== gtg
It is an unfortunate fact of life for those who work on board ships that traumatic injuries often take place, and severed limbs are among the most traumatic. In some cases, limbs actually are severed onboard the ship as a result of the injury, while in others, an injury takes place that results in the need for surgical removal of a limb – this can happen if an arm or leg has been severely mangled or crushed. In every circumstance, a severed limb represents an extremely serious and devastating injury that requires immediate medical attention. Your supervisor and the ship’s management and owners are responsible for ensuring that you receive correct attention as quickly as possible, as every moment that passes can make an enormous difference in the ability to save a limb, or even a life.
Surgical vs Traumatic Amputations
There are essentially two different types of amputations of limbs and extremities. The first is a surgical amputation. This is done in a controlled setting by a skilled surgeon in a hospital setting; it can be necessitated by any number of factors, but in the case of shipboard injuries a surgical amputation is generally required when a worker has suffered an injury, a burn, or an infection that has destroyed the limb to the point where it threatens the seaman’s life. In the case of an infection, it is often the case that had the seaman received proper medical attention in a timely manner, the infection would not have progressed and the surgery would not be required. This is one of the reasons why it is so essential that the ship ensures that you receive appropriate professional medical help as quickly as possible following any injury.
In the case of traumatic amputation, the limb is ripped or cut away in a completely unplanned and accidental way. In this case the most important and immediate thing that must be done is to stop bleeding in order to prevent the injured seaman from dying; if you have suffered this type of injury while far from land, the ship must find a way to transport you as quickly as possible, and the severed limb should be transported with you so that the possibility of surgical reattachment can be explored. Time is of the essence in these cases; if more than six or eight hours have gone by, the tissue begins to die and surgical reattachment becomes impossible. The risk of other medical problems, including infection and shock, grows with each passing minute as well.
Risk Factors for Severed Limbs onboard a Ship
The challenges that face seamen on board a ship are varied, but there are certain areas where an injury of a severed limb is higher. If a seaman is working with power tools, particularly those that heavy industrial cutting applications, the risk is obviously higher. The same is true for those who are working with lines and cables, as it all too frequently happens that a worker’s arm or leg can get tangled up as a line is being used or stowed.
But there are other instances where a worker may simply be in the wrong place at the wrong time – if heavy equipment is not properly lashed and comes loose, if cargo or equipment shifts or drops as a result of rough weather or waves, a worker who is pinned or trapped or crushed by any of these can easily have an arm or leg crushed. Winches are notoriously dangerous for fingers and hands, and though a seaman may blame himself for an injury, it is often not his fault. Additionally, when these types of injuries occur it is imperative that the ship’s owners react in as responsive and helpful a way as possible in order to maximize your chance of recovery – if this has not been done, then the ship’s actions may qualify as negligent.
Severed Limb Injuries Require Skilled Legal Advice
A severed limb is one of the most serious injuries that can be suffered on board a ship, and it is essential that if this has happened to you or a loved one that you obtain the most qualified legal counsel available to you. Though many attorneys may offer to represent you, there are few who possess the specific knowledge that maritime injuries require; maritime law is a highly specific area of the law, and an attorney who is unfamiliar with the particulars of the Jones Act or any of the other regulations and laws, or who does not know the various ways that ship owners try to undermine the rights of the ship worker, may end up losing you a large part of the compensation and damages that you are entitled to under the law. Our experienced maritime attorneys are able to advise you and help you every step of the way.
================= gtg
The Longshore and Harbor Workers Compensation Act guarantees the protection of those non-seaman employees who work in the maritime industry, such as harbor workers, longshoremen and ship builders. These are workers who do not qualify for benefits and compensation under the Jones Act or under Workers’ Compensation, though in some cases it may supplement Workers’ Compensation. The Longshore Act specifically provides for the payment of benefits for those who are either injured on the job or who contract occupational diseases as a result of their employment in the maritime industry; it also provides benefits to the widows and dependents of those workers in the event that they are killed.
Who Qualifies for Benefits Under the Longshore Act?
Unlike the Jones Act, which provides for those who are seaman who are injured as a result of injuries incurred when three miles or more offshore, the Longshore and Harbor Workers Compensation Act is for those who are working on ships traversing navigable waters, or who are working on land but in the service of ships. Some examples of those employees would include those either assembling or disassembling ships, crane operators, those loading or offloading cargo on ships, and ships’ mechanics.
Another difference between the Longshore Act and the Jones Act is that the Jones Act requires that there be either negligence on the part of the vessel owner or proof of unseaworthiness of the vessel itself, where the Longshore Act is a no-fault regulation; the injured worker is not required to pursue a case against their employer in order to collect benefits – they are only required to provide notification to their employer within thirty days of the injury occurring or the disease being diagnosed, and they must submit a claim. The employer does have the right to dispute a claim within two weeks of having received notification; when this occurs, the case goes to mediation.
What does the Longshore and Harbor Workers Compensation Act Provide?
Much like workers’ compensation, Longshore and Harbor Workers Compensation pays for medical costs, lost wages and other damages that are associated with injuries or illnesses incurred while on the job. Temporary wages are paid at an established rate of two thirds of whatever the worker’s pay rate or salary had been at the time of the injury or illness while the worker is being treated, and if the disability is permanent there is an established schedule of compensation that is determined by what the illness or injury is. If permanent disability occurs, payment is based on two thirds of whatever earning capacity is determined to have been. If the worker is killed or dies as a result of their injury or illness, the Longshore and Harbor Workers Compensation Act will provide benefits to their widows and dependents.
How do I File a Longshore and Harbor Workers’ Claim
Filing a claim under the Longshore Act is relatively simple. You must notify your employer of your claim within thirty days of the injury having occurred or your occupationally-caused illness being diagnosed. Because the Longshore Act is federally regulated you are also required to file your claim with the Department of Labor within one year’s time. If your injury or illness was caused in part or entirely by the negligence or misconduct of a third party, you are also able to file a claim against that party, separate and apart from your Longshore Act claim.
What happens if my Employer Dispute My Claim?
Under the rules and regulations of the Longshore and Harbor Workers Compensation Act, you do not need to prove that your employer is at fault in order for you to file a claim, but your employer is able to dispute your claim as long as they do so within two weeks of having been notified. When that happens, mediation is required, and failing a successful resolution of the mediation, a hearing is held before a Labor Department judge, whose decision is binding.
How Much does the Longshore Act Provide?
If you are injured or become ill as a result of your employment with a maritime employer who qualifies for the Longshore and Harbor Workers Compensation Act, the insurance carried by your employer will pay you two third of the salary that you were earning at the time of your injury or diagnosis. If it is determined that you are unable to return to work, they will refer to an established schedule of compensation to determine how much you will be paid. If you are killed, your widow or dependents will receive 50 percent of the national average wage, or your full wage if that amount is less than half of the weekly wage. Complete information about the amount of compensation that is available can be found at www.dol.gov/esa/owcp/dlhwc/nawwinfo.htm.
================== gtg
Tugboats are vessels whose heavy work load is belied by their small size. They are used in all sorts of situations to assist larger vessels which cannot be easily navigated to get into the position that they need to be in; they do this by either pushing or pulling the larger vessel. Tugs are particularly helpful in situations where there is so little room available for a larger boat to attempt to navigate that it would be dangerous or extremely difficult. In these cases the tug can be used to either push or pull the larger boat – their small size and maneuverability combined with the tremendous amount of power that they command makes moving large vessels through small passageways much easier and safer – they are also able to assist disabled vehicles, or any vessel that is unable to power itself in a specific situation.
There is something remarkable about watching a tugboat, tiny relative to the vessel that it is assisting, either pushing or pulling the other vehicle safely and securely into position – they are small boats but they are incredibly powerful; though the original tugboats operated under steam power, more modern versions utilize diesel engines. Operating a tugboat requires tremendous concentration and skill, as a small mistake can cause accidents that can be costly in terms of both the vessels that are involved and the lives of those onboard both boats.
Types of Tugboats
Tugboats are built for a number of different applications, and the design of the boat is dictated by what kind of waterway it will be working in and what its purpose is. Maritime tugboats are designed to be ocean-going vessels that operate well in deep water – they are generally able to withstand rougher waters and winds than other types of tugs. Standard tugs use heavy cables or ropes that are called hawsers to pull a vessel out to sea, into harbor, or from place to place. Other tugs actually do more pushing than pulling – these boats are built with special notches cut into the stern, or front, of the boat; the notch is positioned against the boat that needs to be repositioned to allow for better handling. Notch boats are generally equipped with hawsers so that they can either pull or push, as needed. There are also hybrid vessels known as integrated tug and barges, which are designed to act as one unit even though they serve two different purposes. The tug side of the vessel propels the barge.
Other types of tugboats are made to be used in harbors and ports – they help larger ships to position into tight spaces and berths, or to navigate through narrow waterways that would be difficult for them to steer through safely on their own. They have deep hulls because they are working in deep waters. By contrast, river tugboats are built with shallow hulls to enable them to work in the shallow waters of inland rivers and waterways.
Injuries that can occur on Tugboats
Working on a boat carries a high degree of risk, and tugboats are no exception when it comes to this rule. Tugboats carry an enormous amount of fuel, which is required to help them push or pull vessels many times their size into position. Their powerful engines mean that boats can suddenly surge forwards or backwards, sending tugboat employees flying – wet or slippery decks can exacerbate the danger, and these falls can result in a range of injuries that start at minor bumps or scrapes all the way to serious head injuries, concussions or broken bones.
Tugboat workers can also easily be thrown from the deck of the ship into the water, especially because the boats are so small and there are frequent collisions between the tugboat and the barge or larger vessel that they are working with. There is also a high risk of injury from either the misuse of equipment or the equipment being defective – winches that are used to attach the tugboat to the vessel that is being pulled can pinch or sever limbs and fingers, tow lines and wires can get wrapped around workers or snap entirely, wreaking havoc as they fly loose on the deck. Even climbing aboard or disembarking from a ship can lead to injury.
Working on a vessel, whether at sea or in an inland waterway, is a dangerous choice of vocation, and in recognition of this several protective laws have been passed to ensure that employers and vessel owners properly address the needs of those who are in their employ. Despite the existence of these laws, unscrupulous profit-driven owners and supervisors may attempt to minimize the extent of an injured worker’s injury, or attempt to convince a seaman that an injury is their fault and that they are not entitled to compensation.
The rules for compensation for seamen are very clear, but it takes an attorney with experience in maritime law to make sure that they are followed. If you are injured while working on a tugboat or any other type of vessel, be sure to contact an experienced maritime lawyer to make sure that you get all the benefits and damages that you are entitled to.
================ gtg
